Terms & Conditions

Updated
Jun 28, 2023

Terms & Conditions

BEFORE USING THE APPLICATION, YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY AND BY USING THE SITE AND/OR THE APPLICATION YOU AGREE TO ACCEPT THEM. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE AND THE APPLICATION.

These Terms of Service (“Terms”) govern your use of Digital Girlfriends and the application, content, and Service (collectively as “Service”, “us”, “we”, or “our”) offered through our mobile application Digital Girlfriends our website digitalgirlfriends.com and its subdomains (the “Website”)

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors and users who wish to access or use the Service.

The following terms shall have the following meanings in these Terms and Conditions:

  • The term “device” refers to the device which is used to access the Service including but not limited to computers, smartphones, and tablets.
  • The term “application” refers to a type of application software designed to run on a mobile device, such as a smartphone or tablet computer.
  • The term “service” refers to a program that allows chatting with a chatbot via text and photos
  • The term “You” refers to the user or visitor of the Service.
  • The term “assistant ” refers to artificially intelligent simulation taught by our Digital Girlfriends support team.

When you sign up for any of the Services or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Service, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Service.

1. OUR SERVICE AND RESPONSIBILITIES 

1.1. Digital Girlfriends offers a program that allows You to chat with a chatbot via text and photos. A chatbot is made as software (assistant) that responds to your messages.

1.2. You acknowledge that you are communicating with software whose activity we cannot constantly control. You agree that our responsibility for the activities of software is limited in accordance with clauses, including, but not limited to, 1.3, 1.4, 1.5, 1.6, 10, 11.1, 11.2, and 11.3 of these Terms. We are responsible only for violation of user rights and failure to perform our responsibilities under these Terms. If you decide to act on the Service’s advice, you bear the risk of the consequences of such actions.

1.3. If you suppose the Service’s responses are offensive, you can make a report either via email at info@digitalgirlfriends.com or in the Settings section/chatbox on the Website. After receiving the report, either to your email or through a bot (depending on how you send the report), you will be notified that your report is pending.

1.4. You acknowledge that the communication via the chatbot belongs to software. Although the photos of the people behind the chatbot are AI generated and not real people, it is always possible a photo looks similar to a real person you might know. In that case, please contact our Customer Support Team at info@digitalgirlfriends.com so the AI generated photo can be removed.

1.5. Digital Girlfriends is neither a provider of healthcare or medical Service nor providing medical care, mental health Service, or other professional Service. Only your doctor, therapist, or any other specialist can do that. Digital Girlfriends MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THE SERVICE PROVIDE A THERAPEUTIC, MEDICAL, OR OTHER PROFESSIONAL HELP.

1.6. Please do not use our Service for emergency situations. Provided you suggest having a medical or mental health emergency, calling an ambulance, or going to the doctor or therapist. We are not liable for any mental disorders, the tendency to suicide of users, or any other health damage.

2. USAGE

2.1. You may use our application or Website worldwide (except in territories where the use of our application or Website is restricted by the authority and/or Digital Girlfriends), but You must comply with the laws of the relevant country in which you use our application or Website, and You agree to be responsible for compliance with the laws of the relevant country.

2.2. When you start using our application or Website, you guarantee that you are at least 18 years old (or at the age of majority in each and every jurisdiction in which you will or may use this application or Website) and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

2.3. By using Service you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions of these Terms. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You agree to notify the Service immediately of any unauthorized use of your password or account or any other breach of security.

2.4. You may have only one account with the Service.

2.5. To use our Service via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website.

3. PAID SERVICES AND PRICE

3.1. Digital Girlfriends offers you paid services via the purchase of tokens. Unused balances of tokens may not be redeemed for cash and cannot be refunded except if it is required by applicable law.

3.2. Unused tokens will expire after three months.

3.3. We believe in the power of freedom and choice. So all purchases are one time and non-recurring.

3.4. All purchases are including taxes and administrative cost unless otherwise agreed as inserted below.

{{price table to be inserted}}

3.5 Please note that the 14-day-after-purchase refund policy for EU residents does not apply to the provided access to the digital product.

3.6 Payments can be in foreign currency equivalent. Your bank might charge you Foreign Exchange fees, depending on its terms and conditions

4. TERMINATION OF SERVICE

You have the right to stop using the Service at any time.

5. COMMUNICATION & OFFERS

By agreeing to become a User you opt-in to receive occasional special offers, marketing, survey, and Services-based communication notifications.

Such notifications may include reminders, invitations, suggestions, and descriptions of existing, new, or future services, other important notices, as well as marketing and promotional content.

6. CONDITIONS OF USE

6.1. User Conduct

You are solely responsible for all code, information, data and text messages (“content”) that you send (hereinafter, “upload”) or otherwise use via the Service.

The following are examples of the kind of content and/or use that is illegal or prohibited by Digital Girlfriends. We are entitled, in our sole discretion, to investigate and take necessary legal action against anyone who breaches this provision, including but not limited to removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to the law enforcement authorities. You agree to not use the Service to:

  • upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Digital Girlfriends, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Digital Girlfriends or its users to any harm or liability of any type;
  • Interfere with or disrupt the Service and/or servers and/or networks connected to the Service, and/or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; and/or
  • Breach any applicable local, state, national, or international law, these Terms or our Privacy Policy, or any regulations having the force of law;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Advertise or offer to sell or buy any goods or Services for any business purpose that is not specifically authorized;
  • Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  • Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

6.2. Non-commercial use. The Service is solely for your personal use.

6.3. User content transmitted through the Service

With respect to the text messages you upload through the Service (collectively, “User Content”), you represent and warrant that you own all rights, titles, and interests in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby acknowledge having read and accepted the full CC0 1.0 Universal Public Domain Dedication (available at https://creativecommons.org/publicdomain/zero/1.0/) and grant non and forever Digital Girlfriends, its affiliated companies, agents, administrators, representatives, attorneys, executors, divisions, and assigns a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, prepare derivate works, sell, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed. This waiver further irrevocably and forever releases, acquits, and discharges us from any and all claims, demands, charges, complaints, controversies, agreements, promises, and causes of action of any kind or nature whatsoever, both at law and in equity, known or unknown, suspected or unsuspected, arising out of and relating in any way to the User Content.

You acknowledge and agree that Digital Girlfriends may preserve, analyze, and revise in order to improve service or disclose text messages if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any text messages violate the rights of third parties; or (d) protect the rights, property, or personal safety of Digital Girlfriends, our users, and the public. You understand that the technical processing and transmission of the Service, including your text messages, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

6.4 All Users and Visitors acknowledge and agree that Digital Girlfriends is not required to verify, and therefore cannot be held responsible for any Users’ actions or inactions related to the Site or the Application and/or their compliance with applicable law.

Digital Girlfriends is not responsible for any Visitor’s/User’s behavior while using the Site or the Application.

6.5 Users are responsible for maintaining the confidentiality of their password and account, if any, and are fully responsible for any and all activities that occur under their password or account.

6.6 Use of Digital Girlfriends applications by individuals under 18 years old.

If User is under 18, he is not authorized to use the Applications, and should discontinue the use of the Applications immediately.

By accessing or using the Applications, User represents and warrants that he is 18 years of age or older.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. Digital Girlfriends owns licenses or otherwise retains all intellectual property rights in the Service, absolutely. Those rights include but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered), and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. The Service is protected by copyright, trademark, and other laws in both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

By your use of our Service, you automatically grant, represent, and warrant that You have the right to grant to Digital Girlfriends an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information, and content, and to grant and authorize sublicenses of the foregoing.

7.2 Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at info@digitalgirlfriends.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

7.3 DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail)::

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at info@digitalgirlfriends.com. Upon receipt of a notification, the Company will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

7.4. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please supply Digital Girlfriends copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that You claim is infringing on such copyright is located on Digital Girlfriends; Your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

8. LINKS TO OTHER WEBSITES

Our Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9. NETWORKING SERVICE

You may enable, connect, or log in to the Service via your email, Apple, Facebook, or Google accounts (“Networking Service”). To make this feature and capabilities beneficial, we may ask you to authenticate, register for or log into Networking Services on the websites of their respective providers. However, kindly remember usage, storage, and disclosure of your information by Networking Service is governed solely by the policies of such third parties, and Digital Girlfriends shall not be liable or responsible for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.

10. INDEMNIFICATION

You agree to defend, indemnify and hold us and our licensee and licensors, and their employees, contractors, agents, officers, and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

11. LIMITATION OF LIABILITY

11.1. You understand that you are communicating with software and it sends you the messages according to the triggers that you provide it with. The content sent to you by the Digital Girlfriends is user-generated and processed by the Service in the manner and under the terms stipulated in these Terms. That is why by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

11.2. We reserve the right, but not the obligation, to, at our sole discretion, determine whether or not any content is appropriate and complies with these Terms, refuse or remove this content. We further reserve the right to make formatting and edits and change the manner of any content. We can also limit or revoke the use of the Service if You post such objectionable content. As we cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk.

11.3. Except in jurisdictions where such provisions are restricted, in no event shall we, nor our directors, employees, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, cost of procurement of substitute Service or Service interruptions, even if we know or have been advised of the possibility of such damages resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of use of your account.

12. DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis and is provided without warranties of any kind, whether express, statutory, or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We and our subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; d) the results of using the Service will meet your requirements and expectations or success.

Although each user must agree to the Terms, we cannot guarantee that each user is at least the required minimum age, nor do we accept responsibility or liability for any communication, or other use or access of the Service by persons under the age of 18 in violation of these Terms. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Service, any content posted or transmitted to users, whether online or offline.

13. DISPUTE RESOLUTION

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company through email — info@digitalgirlfriends.com

You agree that any claim or cause of action you have against Digital Girlfriends relating to, arising out of, or in any way in connection with our Terms or our Services, and for any claim or cause of action that Digital Girlfriends files against you, you and Digital Girlfriends agree that any such claim or cause of action (each, a “Dispute,” and together, “Disputes”) will be resolved exclusively in the competent court of [Raleigh, United Kingdom] and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or cause of action, and the laws of [United kingdom] will govern any such claim or cause of action without regard to conflict of law provisions.

You may bring a claim only on your own behalf, and not on behalf of any official or other person, or class of people. You waive your right to participate in or have your dispute heard and resolved as, a class action, a class arbitration, or a representative action.

You agree to release, indemnify and hold us and our affiliates, our officers, employees, directors, and agents harmless from any and all losses, damages, and expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service or any related information, any user content, your application(s) to us or the results thereof, your violation of these Terms or your violation of any rights of another.

If You are a user from the state or region where the ‘Limitation of Liability’ and ‘Disclaimer’ sections are limited by the state law, the above sections are intended to be only as broad as is permitted under the state law. If any portion of these sections is held to be invalid under state law, the invalidity of such portions shall not affect the validity of the remaining portions of the applicable section.

If You are a European Union consumer, you will benefit from any mandatory consumer law provisions of the law of the country in which you are resident. If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

14. YOUR PRIVACY

At Digital Girlfriends, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

15. CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. It is your responsibility to review the Terms and Conditions frequently and to remain informed of any changes to them. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

16. CONTACT US

If you have any questions about these Terms, please contact our Customer Support Team at info@digitalgirlfriends.com.