General Terms and Conditions (dreamgirlfriend.ai)

The following terms and conditions govern the contractual relationship between Dreamgirlfriend.ai and the customers of its telemedia services (hereinafter referred to as "users"). They define the conditions under which the services of "Dreamgirlfriend.ai" are used.

Acceptance of the contract

By creating a Dreamgirlfriend.ai account or by using the Dreamgirlfriend.ai app, whether with a mobile device, a mobile application or a computer (collectively, the "Service"), a user agreement is concluded between Dreamgirlfriend.ai and the user subject to the following terms and conditions.

Scope of services

1. Dreamgirlfriend.ai offers both free and paid services. By registering free of charge, the user can get an overview of the services offered by Dreamgirlfriend.ai.
2. After successful registration, Dreamgirlfriend.ai provides the user with the specified number of "rubies" as a reward for daily logins within the first 7 days under the heading "Daily Checkin". "Rubies" are required to use the paid services (e.g. chat with the virtual girlfriend or unlocking pictures).
3. If the user subsequently wishes to use further fee-based services, additional "rubies" can be purchased in the Dreamgirlfriend.ai "store" (see also No. 6 of the GTC).
4. Dreamgirlfriend.ai enables the user (as part of the paid services) to chat with the virtual girlfriend and build a relationship with her. The messages and content sent by the virtual girlfriend are generated by an AI system.
5. Dreamgirlfriend.ai reserves the right to modify, extend or restrict the range of chargeable services and the costs of individual services at any time.
6. The user shall be informed of the costs, content and scope of the services as well as the price and terms of payment prior to the provision of the chargeable services.

Access authorization

1. By creating an account and using the Service, the User represents and warrants that:
   • he can conclude a legally binding contract with Dreamgirlfriend.ai
   • it will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations
   • he is at least 18 years old or the minimum legal age in the user's country for using the services of Dreamgirlfriend.ai
2. In the event of reasonable suspicion of a breach of the aforementioned obligations, dreamgirlfriend.ai shall be entitled to exclude persons from using the services. In order to verify a suspected case, dreamgirlfriend.ai is entitled to carry out an identity check by requesting official documents.

Termination of the free membership

1. A user is entitled to delete his profile at any time without giving reasons.
2. In addition, Dreamgirlfriend.ai reserves the right to refuse the registration of any user at any time without giving reasons.
3. If the user violates these General Terms and Conditions, the membership can be terminated by Dreamgirlfriend.ai at any time without notice
4. Upon termination of membership, all obligations of the operator to store the user's data end, unless statutory retention periods require storage.
5. Chat messages sent or received by the user, activated images or other media can no longer be accessed after the membership has ended.

Purchases

Dreamgirlfriend.ai offers the user various fee-based services in addition to the free services. With each individual use of these services, the user enters into a new contractual relationship with Dreamgirlfriend.ai. These services are completely separate from the free use of Dreamgirlfriend.ai. The individual contracts do not constitute subscriptions. The contract is concluded when the user selects the chargeable service and accepts the payment obligation by clicking the "Buy" button (hereinafter: ordering process). The fee-based services are also subject to these General Terms and Conditions.

1. Dreamgirlfriend.ai Online Purchases
   If the User chooses to make a purchase through Dreamgirlfriend.ai, the User agrees to pay Dreamgirlfriend.ai all fees at the displayed price for the services the User has selected and any charges or taxes that may apply to the User's payments. Furthermore, Dreamgirlfriend.ai is authorized to charge the selected payment provider (the User's "Payment Method"). Dreamgirlfriend.ai may correct any billing errors or mistakes, even if payment has already been requested or received. If the User makes a chargeback or otherwise reverses a payment through their Payment Method, Dreamgirlfriend.ai may, in its sole discretion, immediately delete your User Account.
2. Ruby
   By concluding a fee-based contractual relationship, the user receives an amount selected during the ordering process in the form of a credit account. The credit balance is managed in so-called "rubies". If the credit account has no more "rubies", it is not possible to use chargeable services (e.g. sending messages to the virtual girlfriend). The user can add "rubies" to their credit account again during the ordering process, which concludes a new purchase contract.
3. Virtual items
   The "rubies" are virtual items that the user acquires. The user is only permitted to obtain virtual items via Dreamgirlfriend.ai and in no other way. Virtual Items constitute a limited license right subject to this Agreement. Unless otherwise prohibited by applicable law, Virtual Items purchased by User are licensed to User and User acknowledges that no title or ownership interest in the Virtual Items is transferred or assigned to the User. This Agreement shall not be construed as a sale of any rights in Virtual Items. No balance in User's account with respect to the Virtual Items represents a real world balance or reflects any stored value, but represents a measure of the scope of User's license. Virtual Items are not subject to any fees for non-use, but the license granted to the User in Virtual Items will terminate, subject to the terms of this Agreement, if Dreamgirlfriend.ai ceases to provide the Service or the User's the account is otherwise closed or terminated. Dreamgirlfriend.ai reserves the right, in its sole discretion, to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items for a fee or free of charge. Dreamgirlfriend.ai may manage, regulate, control, modify or remove Virtual Items at any time. In the event that Dreamgirlfriend.ai exercises any of these rights, Dreamgirlfriend.ai shall not be liable to the User or to any third party. The transfer of Virtual Items is prohibited and the User may not sell, repossess or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. All purchases and redemptions of Virtual Items made through the Service are final and non-refundable. The provision of Virtual Items for use within the Service is a service provided by Dreamgirlfriend.ai that begins immediately upon acceptance of the User's purchase of such Virtual Items.
4. Refunds
   The User acknowledges that Dreamgirlfriend.ai is under no obligation to provide refunds for any reason and is not entitled to any money or other compensation for unused Virtual Items if an account is closed, whether intentionally or unintentionally. However, Dreamgirlfriend.ai will consider each request on a case-by-case basis and has the right to make refunds only as a courtesy and without acknowledging any legal obligation. In general, all charges for purchases are non-refundable and there are no refunds or credits for partially used periods. The purchase of Virtual Items is final and non-refundable.

Terms of payment

1. The fee for chargeable services must be paid in advance to Dreamgirlfriend.ai and will be collected in full using the payment method selected during the ordering process, such as credit card, direct debit, Sofort, Paysafe Card or Paypal. After a successful order process, the rubies will be credited to the customer's account immediately, but at the latest after 2 hours. When purchasing by credit card, Dreamgirlfriend.ai will appear as a descriptor on your statement.
2. Dreamgirlfriend.ai may have payments for chargeable services processed by an external service provider selected by Dreamgirlfriend.ai and commissioned by the user for the respective transaction. The respective general terms and conditions of the external service provider also apply.

User obligations

1. The user assures that the data provided during registration is true. Deliberate or fraudulent misrepresentation may result in civil and criminal prosecution and entitle Dreamgirlfriend.ai to block the user's profile without affecting Dreamgirlfriend.ai's right to remuneration.
2. The user undertakes to treat his/her access data confidentially. In the event that access data is passed on to third parties, the user shall be responsible for all consequences of this action. If there is any suspicion that the access data has been passed on to third parties, the user must inform Dreamgirlfriend.ai immediately and take appropriate measures to prevent further misuse (e.g. by changing the password).
3. Failure to comply with the above duties of conduct or a breach of other duties set out in these GTC entitles Dreamgirlfriend.ai to immediately block the user's account and to terminate the contract without notice for good cause.

Advertising and newsletter

By registering with Dreamgirlfriend.ai, the user expressly agrees that messages containing information about Dreamgirlfriend.ai may be sent to him/her. The user is entitled to stop the sending of messages at any time.

Third party services

The Service may contain advertisements and promotions offered by third parties and links to other websites or Internet resources. Dreamgirlfriend.ai is not responsible for the availability (or lack of availability) of such external websites or Internet resources. If the User chooses to interact with third parties through Dreamgirlfriend.ai's services, their relationship with the User is subject to the terms and conditions of those third parties. Dreamgirlfriend.ai is not responsible or liable for the terms or actions of such third parties.

Amendment of the general terms and conditions

Dreamgirlfriend.ai reserves the right to amend these GTC at any time, provided that this does not affect essential provisions of the contractual relationship and is necessary to adapt to developments that were not foreseeable for Dreamgirlfriend.ai at the time the contract was concluded and whose non-observance would significantly disturb the balance of the contractual relationship. Essential provisions are in particular those concerning the type and scope of the agreed services and the term, including the provisions on termination. Dreamgirlfriend.ai is entitled to make changes in order to close contractual loopholes that arise in particular due to legal changes and changes in jurisdiction.

Liability of Dreamgirlfriend.ai

1. Dreamgirlfriend.ai assumes no responsibility or guarantee for the accuracy and security of the data and content transmitted to users by the AI used. The AI is programmed to be friendly and positive towards the user. However, it cannot be ruled out that the AI may react negatively to chat messages or other communication, either in reality or according to the user's perception. Any inappropriate behavior on the part of the AI shall not give rise to any claims whatsoever against Dreamgirlfriend.ai.
2. Dreamgirlfriend.ai provides an IT service with the access to the service provider website and does not owe any success. Since Dreamgirlfriend.ai has no influence over the transmission of data via the Internet outside its own IT infrastructure, and given the inherent nature and uncertainty of the Internet, Dreamgirlfriend.ai cannot accept any liability for such external data loss and/or errors in data transmission. Dreamgirlfriend.ai shall not be liable for failures of the service which are beyond its control (e.g. due to force majeure or technical faults on the Internet).
3. Dreamgirlfriend.ai accepts no liability for the misuse of information provided by the user to third parties. Likewise, Dreamgirlfriend.ai shall not be liable for the unauthorized acquisition by third parties of the user's personal data (e.g. through unauthorized access to the service provider website), unless Dreamgirlfriend.ai has made the unauthorized acquisition of knowledge by third parties possible intentionally or through gross negligence.
4. Dreamgirlfriend.ai shall only be liable for intent and gross negligence, except in cases of breach of material contractual obligations, injury to life, limb or health or claims under the Product Liability Act. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
5. In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), the liability of Dreamgirlfriend.ai is limited to the amount of damage that is foreseeable and typical for the type of transaction in question.
6. The above limitation of liability also applies to the personal liability of Dreamgirlfriend.ai's employees, representatives and organs.

Granting of rights

1. The user grants Dreamgirlfriend.ai a non-exclusive, transferable, spatially unlimited and temporally limited simple right of use to the content created or posted by him on the service provider website for the duration of the contract.
2. The user assures that the content posted or created by him and its use do not infringe any third-party rights, in particular copyrights or other industrial property rights.
3. By activating media (e.g. photos or videos of the virtual girlfriend) the user of dreamgirlfriend.ai is only granted a simple right of use for private use limited to the duration of the membership. Any further use or exploitation of the activated media by the user in breach of the contract shall entitle dreamgirlfriend.ai to terminate the user contract immediately for cause. In this case, dreamgirlfriend.ai is also entitled to demand compensation from the user in the amount of at least EUR 5,001.00 per violation, whereby the user is permitted to prove that a lesser damage has occurred.

Data protection

Dreamgirlfriend.ai collects, processes and uses the user's personal data as described in these terms and conditions and in the privacy policy. The storage of personal data is based on the legal requirements.

Revocation instruction

1. Right of revocation
   The user has the right to revoke the resulting contracts within fourteen days without giving reasons. The withdrawal period is fourteen days from the day of the individual conclusion of the contract. To exercise the right of withdrawal, the user must inform us (Mojito B.V., Frans Erensstraat 14A 5921VG Venlo, Netherlands) of his decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient for the customer to send notification of the exercise of the right of withdrawal before the withdrawal period has expired.
2. Consequences of withdrawal
   If the user withdraws from this contract, we shall reimburse to him all payments received from him, including the costs of delivery (with the exception of the supplementary costs resulting from his choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about his decision to withdraw from this contract. For this repayment, we will use the same means of payment that he used for the original transaction, unless expressly agreed otherwise with him; in no case will he be charged any fees for this repayment. If the user has requested that the service should commence during the withdrawal period, he shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time he informs us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
3. Sample withdrawal form If you wish to withdraw from the contract, please fill out this form and send it back to us. To Mojito B.V. Frans Erensstraat 14A 5921VG Venlo Netherlands Phone: +31853016228 I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the supply of the following service (*) Ordered on (*)/received on (*)
   E-mail of the consumer(s)
   Name of the consumer(s)
   Address of the consumer(s)
   Signature of the consumer(s) (only for notification on paper)
   Date
   (*) Delete as appropriate.
4. If the user has given his express consent, the right of withdrawal expires prematurely if the service requested by the user has been fully provided by Dreamgirlfriend.ai before the user has exercised his right of withdrawal.

Final provisions

1. The legal relationships existing between Dreamgirlfriend.ai and the user are subject to the law of the Netherlands, subject to mandatory provisions. The place of jurisdiction for all claims arising from this agreement is Venlo, insofar as the user is not a consumer. The applicability of mandatory provisions of the country in which the user has his habitual residence or domicile at the time of conclusion of the contract remains unaffected.
2. Amendments or additions to the contract of use must be made in writing. This also applies to the written form requirement itself. Excluded from this are changes to the contract which are made by dreamgirlfriend.ai on the basis of no. 10 of the general terms and conditions (see also no. 10 amendment of the general terms and conditions ).
3. Should individual provisions of these General Terms and Conditions be invalid or incomplete, the validity of the remaining General Terms and Conditions shall remain unaffected. The invalid or incomplete provision shall be replaced by the statutory provision applicable to the type of contract in question. If such a statutory provision does not exist, the invalid or incomplete provision shall be replaced by a substitute provision that corresponds to the intended regulatory content of the invalid or incomplete provision to be replaced, taking into account the principle of good faith.