Terms & Conditions digitalgirlfriends.com

BEFORE USING THE SERVICES, YOU MUST READ THESE TERMS & CONDITIONS CAREFULLY. BY USING THE SERVICES, YOU ACCEPT THESE TERMS & CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICES.

These terms & conditions govern the services offered through our mobile application Digital Girlfriends and our website digitalgirlfriends.com and its subdomains as well as Your use thereof. If You breach these terms & conditions, You are no longer allowed to use the Services.

The Services are offered by Navy Light Limited, located at Office 4 B5b Smallmead House, Surrey, United Kingdom, RH6 9LW (in these terms & conditions collectively referred to a “we”, “us” and “our”).

The following terms (both singular and plural) shall have the following meaning in these terms & conditions:

1. GENERAL

1.1. You may use the Services worldwide (except in territories where the use of the Services is restricted by applicable laws and regulations, regulatory authorities and/or by us). You accept that You are responsible and liable to comply with the applicable laws and regulations of the country in which You use the Services. 1.2. By using the Services, You guarantee to be at least 18 years old. You furthermore guarantee that all information You provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of Your account and/or the use of the Services. 1.3. By using the Services, You represent and warrant that You have the right, authority, and capacity to enter into the Agreement with us regarding that use and that You will abide by and comply with all conditions stated in these Terms. You are not entitled to authorize others to use the Services by giving them access to Your account. You may also not assign or otherwise transfer Your account to any other person or entity. You agree to notify the us immediately of any unauthorized use of Your password, account, the Services or any other breach of security.

2. OUR SERVICES AND RESPONSIBILITIES

2.1. By creating an account in the manner stated on the Website, You accept these Terms and enter into the Agreement. You are subsequently granted access to (part of) the Services. To access and use the full Services, the verification process as described on the Website must be completed. Certain parts of the Services are offered for a fee (see article 4). You are only allowed to create one account.

2.2. The Services allow You to select a profile and start a chat with the Chatbot by sending text messages You understand that all profiles on the Website and all responses to the messages You send, are generated by our Chatbot.

2.3. Our Chatbot utilizes advanced AI technology to provide interactive and engaging conversations. You understand however that the responses of the Chatbot are generated based on algorithms and pre-existing data, and may not always be accurate, appropriate, or reflect our views. You furthermore acknowledge that, although we strive for our Chatbot to provide a positive User experience, due to the nature of AI there is a possibility that the Chatbot may occasionally produce responses that You may deem offensive, inappropriate, or controversial. We have taken measures regarding these situations (as described in article 4).

2.4. You acknowledge that chatbots in general, and therefore also our Chatbot, do not possess human emotions, judgment, or understanding and that You must therefore exercise caution and use common sense when using the Services and interacting with the Chatbot.

2.5. As stated in article 2.1. the profiles displayed on the Website are generated by the Chatbot. This also applies to the (portrait) pictures that are part of the profiles. Using a special technique, the Chatbot collects one pixel from thousands of different images spread across the Internet and subsequently combines these thousands of pixels to generate a unique (portrait) picture of a nonexistent person.

2.6. Despite the fact that the technique mentioned the previous article ensures that only pictures of unique, non- existing people are generated, it may still be possible that such a picture unintendedly resembles a real, existing person. If You come across a (profile) picture on the Website that in Your opinion resembles You, someone You know or a celebrity and/or other well-known individual, You agree to file a report as soon as possible with our Customer Support Team at support@digitalgirlfriends.com. A report should contain (i) (a link to) the profile picture in question and (ii) the photo of You, the person You know or the celebrity / well-known individual that the profile picture supposedly resembles. We strive to respond to Your report as soon as reasonably possible. Based on a report, we are entitled, but not obligated, to remove a profile picture.

2.7. Despite our efforts and the measure taken, we cannot constantly control every aspect of the Services or every action and/or response of the Chatbot. You therefore agree that our responsibility and liability regarding the Services, is limited in accordance with these Terms and that we have no further responsibility or liability for violations of Your rights and/or for failures to perform any part of the Agreement.

3. NO ADVICE

3.1. In addition to article 2.7., we emphasize that the Services and the Chabot do not provide any form of advice and are expressly not intended for that purpose. You are therefore not permitted to use the Chatbot with the aim of receiving advice on any subject. If You have any concerns or require specific advice, You should seek independent professional assistance.

3.2. More specifically and in addition to the previous article, we emphasize that the Chatbot is not a provider of healthcare or medical services, nor does it provide any form of medical care, mental health care or other related professional services. If You have any concerns or need specific advice, You should seek independent professional help, for example from a doctor, therapist or other specialist. Our Services should never be used for and/or in emergency situations.

3.3. WE MAKE NO CLAIMS, REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THE SERVICES AND THE CHATBOT PROVIDE ANY FORM OF ADVICE IN GENERAL NOR THAT THEY PROVIDE ANY THERAPEUTIC, MEDICAL, OR ANY OTHER FORM OF PROFESSIONAL HELP AND/OR ADVICE SPECIFICALLY.

4. MEASURES

4.1. We have taken several measures aimed at providing You with a positive experience when using the Services and Chatbot and to prevent and/or mitigate any undesirable situations as much as possible.

4.2. As one of these measures we assembled a team of specialized operators to monitor the Chabot by using a specific software tool and to provide so-called human oversight. In the event certain unacceptable situations are detected, the team is able to quickly intervene to end these situations. We determine which situations are unacceptable. These in any case include, but are not limited to, responses by the Chatbot that are offensive, inappropriate, or controversial as referred to in article 2.3, chats regarding unlawful, illegal or certain other undesirable subjects as well as breaches of these Terms or applicable law and legislation. The team will also intervene in situations in which monitoring software indicates that a User is (suspected to be) younger than 18 years old.

4.3. As another measure, we have implemented a process that allows the Chatbot to learn from feedback (such reports filed under article 2.6.) to hopefully prevent them from occurring in the future. We are continuously improving our Chatbot in all areas including but not limited to tightening its ethical boundaries.

4.4. Notwithstanding articles 4.1., 4.2. and 4.3. above, You understand that we may not be able to detect and/or intervene in all unacceptable situations or other situations You deem unacceptable or successfully prevent unacceptable situation from occurring in the future. If You are confronted with a situation, You deem unacceptable in which we didn’t intervene, we urge You to file a report by sending an email to the Customer Support Team support@digitalgirlfriends.com. After filing the report, You will be notified that Your report is pending.

5. PRICING AND PAYMENTS

5.1. Some of the Services are offered on payment of tokens that can be purchased on the Website. More information on (the price of) these tokens, can be found on “Pricing and Payments”.

5.2. Unused balances of tokens cannot be redeemed for cash and will not be refunded unless required by applicable mandatory law.

5.2. Unused tokens will expire after three months.

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

5.4. All purchases include taxes and administrative cost unless state otherwise.

5.5. Please note that the 14-day-after-purchase refund policy for EU residents does not apply to the provision of digital services such as the Services.

5.6. Payments can be in a foreign currency equivalent. Your bank might charge You foreign exchange fees, depending on the terms and conditions.

6. TERMINATION

6.1. You can terminate the Agreement at any time by deleting your account.

6.2. We are entitled to, without giving prior notice, terminate the Agreement: if You have not accessed the Services during a consecutive period of one (1) year; without cause by taking into account a notice period of three (3) months.

6.3. We are entitled to terminate (part of) the Agreement if You attributably fail to perform any part of the Agreement and/or violate any provision of these Terms and, after the receipt of a notice of default describing the failure and granting You a reasonable time to remedy the failure, You have not remedied the failure within that term.

6.4. In deviation of article 6.3. and notwithstanding any other provisions of the Agreement and/or the Terms, we are entitled to immediately, without prior notice and without becoming liable toward You, terminate the Agreement in the event that You breach of one or more of the guarantees and/or warranties stipulated in articles 1.2., 1.3., 2.7., 3.1., 3.2., 8.3., 8.4., 8.8., 9.2. and/or 14.7.

6.5. Provisions that by their nature should remain in effect even after termination of the Agreement shall remain in full effect after termination.

7. COMMUNICATION & OFFERS

7.1. Based on the contractual relationship we have with You regarding the use of the Services, You may occasionally receive special offers, marketing and/or other promotional content from us. You can opt-out for this content in each e-mail.

7.2. You may also receive Services-based communication notifications. Such notifications are part of the Services and include reminders, invitations, surveys, suggestions, and descriptions of existing, new, or future services and/or important notices regarding the Services such as security updates, planned maintenance or changes to our policies.

8. CONDITIONS OF USE

8.1. You are solely responsible for Your Content, the use You make of the Services and as well as any decisions or actions made because of Your use of Services.

8.2. Article 8.3. states examples of Content that is prohibited as well as examples of prohibited use of the Services. We are entitled, in our sole discretion, to investigate and take necessary (legal) action against You, should You breach this article 8. These actions include but are not limited to, removing the offending Content from the Services, suspending, or terminating Your account and/or reporting You to the authorities (law enforcement).

8.3. You guarantee not to use the Services:

a) to upload any Content (i) that infringes any intellectual property rights or other (proprietary) rights of us, other Users and/or third parties; (ii) if You have no legal or contractual right to upload the Content; (iii) that 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) that poses or creates a privacy or security risk; (v) that 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) that 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) that in our sole discretion, is objectionable or which restricts or inhibits any other User from using or enjoying the Services, or which may expose us, the Website, the Services and/or other Users to any harm and/or liability of any type;

b) to interfere with or disrupt the Services and/or servers and/or networks connected to the Services, and/or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;

to breach any applicable local, state, national, or international law, these Terms, our Privacy Policy, or any other applicable regulations; to impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; to advertise or offer to sell or buy any goods or services; to promote any criminal activity or enterprise or provide instructional information about illegal activities; to obtain or attempt to access or otherwise try to acquire any materials or information through any means not intentionally made available or provided for through the Services; and/or for any commercial purposes.

8.4. With respect to the Content You upload, You represent and warrant that You own all rights, titles, and interests in and to such Content, including, without limitation, all copyrights and rights of publicity contained therein. You grant, us, our 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 the Content in connection with the operation of the Services or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed. The above 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 Content.

8.5. You acknowledge and agree that we may preserve, analyze, and revise Content in order to improve the Services and/or disclose Content if required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with a legal process, applicable laws or governmental requests; (b) enforce these Terms; (c) respond to claims that Content violates the rights of other Users and/or third parties; or (d) protect our rights, property, or personal safety and/or that of our Users, and the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

8.6. You acknowledge and agree that we are not required to verify and can therefore not be held responsible and/or liable for, any of Your, other Users’ and/or third parties’ use of the Services and the Content as well as any actions and/or omissions related to the Services an/or any failure to comply with applicable law.

8.7. You are responsible for maintaining the confidentiality of Your password and account and are fully responsible for any and all activities and/or acts performed by Your account.

8.8. Use of the Services by individuals under 18 years old is explicitly prohibited. If You are younger than 18 years old, You are not authorized to use the Services and should immediately cease all use thereof.

9. INTELLECTUAL PROPERTY RIGHTS

9.1. All (intellectual property) rights in the Website, Services, Chatbot and/or any material provided or made available by us in relation thereto, are vested in us or our licensors. Those (intellectual property)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 Website, Services and Chatbot are protected by copyright, trademark, and other laws in both the United States and other countries. Our trademarks may not be used in connection with any products and/or services without our prior written consent.

9.2. By using the Services, You automatically grant, represent, and warrant that You have the right to grant to us 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.

9.3. We respect the intellectual property rights of others. It is our policy to respond to any claim alleging that Content posted on the Website and/or made available through the Services constitutes a copyright infringement or an infringement of a different (intellectual property) right.

9.5. You may be held liable if you falsely claim that certain Content infringes one or more of Your (intellectual property) rights.

9.6. 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 of the website on which it can be found; Identification of the URL or other specific location on the Website where the material is located that You claim is infringing; Your address, telephone number, and email address. A statement 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 that the above information in Your notice is accurate and that You are the copyright owner or that You are authorized to act on the copyright owner’s behalf. You can contact our copyright agent via email at support@digitalgirlfriends.com. Upon receipt of a notification, we will decide, at our sole discretion, which action is appropriate. Such actions may include, but are not limited the removal of the challenged Content from the Website and the Services.

9.7. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless explicitly stipulated otherwise by mandatory law. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Services in a way that constitutes copyright infringement, please supply our copyright agent with the same information as stated in article 9.6. above.

10.1. Our Services 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.

10.2. 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 such third party websites or services.

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

11. 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 Services, by You or any person using Your account and password, or

b) a breach of these Terms.

12. LIMITATION OF LIABILITY

12.1. You understand that You are communicating with the Chatbot and that its messages to You are based on algorithms and pre-existing data as well as the information You provided. As stated in article 2.7., despite the measures we have taken, it may still be possible that by using the Services You are exposed to Content that You may find offensive, indecent, incorrect, or objectionable You agree that we can under no circumstances be held 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 the Services and/or Chatbot and/or any Content.

12.2. We are entitled, but not obligated, to determine, at our sole discretion, if any Content is appropriate and/or in compliance with these Terms and/or to subsequently refuse or remove such Content. We further reserve the right to change the formatting of, edit and/or otherwise amend the Content You share, make available, post, store or otherwise use on the Website and/or when using the Services. We can also limit or revoke Your use of the Services if You violate any of the stipulations in these Terms. As we cannot control all Content posted by You and other Users, You agree to use the Services at Your own risk.

12.3. Except in jurisdictions where this is not permitted under applicable mandatory law, we, nor our directors, employees, shall in no event 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 Services or Services interruptions, resulting from (i) Your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any Content obtained from the Services; 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. Notwithstanding the above, should we nonetheless be liable, on any grounds whatsoever, for damages suffered by you, our total liability shall never exceed the amount You paid to us during Your use of the Services.

13. DISCLAIMER

13.1. Your use of the Services is at Your own risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis and are 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, or non-infringement.

13.2. We, together with our subsidiaries, affiliates, and licensors do not warrant that

a) the Services will function uninterrupted, will be secure, or will be available at any time or location;

b) any errors or defects will be corrected;

c) the Services are free of viruses or other harmful components and

d) the results of using the Services will meet Your requirements and expectations.

13.3. Although each User, including You, has explicitly declared to be at least 18 years old and has also accepted these Terms in which this condition for using the Services is also stipulated, we cannot guarantee that each User is indeed at least 18 years old, nor do we accept responsibility or liability for any communication, or other use or access of the Services by persons under the age of 18 in violation of these Terms.

13.4. 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 SERVICES OR OTHERWISE. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from any User’s use, including Your use, of the Services, of any Content, whether online or offline.

14. DISPUTE RESOLUTION

14.1. In the event of a complaint. disagreement and/or dispute regarding the Services, You agree to first try to resolve the complaint disagreement and/or dispute informally by contacting the us through email info@digitalgirlfriends.com

14.2. You agree that any claim or cause of action You have against us relating to, arising out of, or in any way connected to our Terms and/or our Services, as well as any claim or cause of action that we file against You, will be resolved exclusively in the competent court of Raleigh, United Kingdom. You furthermore agree to submit Yourself to the jurisdiction of such courts for the purpose of litigating any such claim or cause of action. The laws of the United Kingdom will govern any such claim or cause of action without regard to conflict of law provisions.

14.4. 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 Services or any related information, any Content, , Your violation of these Terms or Your violation of any of our rights, rights of other Users and/or any rights of third parties.

14.5. If You are from a country in which the limitations of liability stipulated in Articles 13, ‘Limitation of Liability’ and 14 ‘Disclaimer’ of these Terms are not permitted under mandatory law, the aforementioned articles are intended to be only as broad as is permitted under the applicable mandatory law. If these articles shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable in whole or in part, such determination will not affect any other article or provision of these Terms, or, if one or both articles are partly invalid, it will not affect the rest of the article(s). The illegal, invalid, or unenforceable (part of the) article or provision will be replaced by an enforceable, valid, and legal article or provision that most closely meets our initial intent of.

14.6. 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 a resident. If You are a U.S. federal government end user, our Services are a “Commercial Item” as defined in 48 C.F.R. §2.101.

14.7. 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.

15. YOUR PRIVACY

We respect Your privacy and handle Your personal data with care in accordance with our Privacy Policy. For details, please see our Privacy Policy. By using the Services, You agree to our collection and use of personal data as outlined therein.

16. CHANGES TO THESE TERMS

16.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. 16.2. It is Your responsibility to review the Terms frequently to keep informed of any. changes.

16.3. In the event the revisions to the Terms qualify as material changes, we will inform You of these revised Terms on the Website five (5) weeks before these revised Terms become effective. Material changes are revisions to the Terms that have a significant detrimental effect on Your rights and/or obligations. What constitutes a material change will be determined at our sole discretion.

16.4. By continuing to access and/or use our Services after the revised Terms become effective, You agree to be bound by the revised Terms. If You do not agree to the revised Terms, in whole or in part, You must stop using the Services.

17. CONTACT US

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