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Terms of Service

Last Updated: 2025.03.09

1. Acceptance of Terms

1.1 Purpose

These Terms of Service (hereinafter referred to as “Terms”) set forth the rights, obligations, and responsibilities between Lovechat (hereinafter, the “Company” or “we”) and users (hereinafter, “User” or “Member”) regarding the use of the Company’s AI character chat service and related services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms.

1.2 Agreement & Scope

  1. Acceptance
    • You agree to these Terms by creating an account, purchasing Points, or otherwise accessing or using the Service. If you do not agree, you must discontinue use of the Service immediately.
  2. Applicability
    • These Terms apply to all persons who access or use the Service, including non-registered visitors and trial users. In addition to these Terms, you may be subject to separate policies, guidelines, or rules (e.g., content guidelines) for specific features or promotions.
  3. Additional Terms
    • Certain features or promotions may require you to accept additional terms. If you choose to participate in or use such features, you agree to the relevant additional terms, which will become part of these Terms.

1.3 Modification of Terms

  1. Right to Modify
    • The Company may revise these Terms from time to time due to operational needs, changes in law, or other relevant reasons.
  2. Notice
    • In the event of material changes, the Company will provide notice (e.g., via email, in-Service notifications, or on our website) at least seven (7) days before the revised Terms take effect, unless otherwise required by applicable law.
  3. Your Choices
    • If you do not agree with the revised Terms, you may stop using the Service and terminate your account. Continued use of the Service after the new Terms take effect constitutes acceptance of the revised Terms.

1.4 Governing Law & Dispute Resolution

  1. Governing Law
    • These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware and applicable federal laws of the United States.
  2. Dispute Resolution
    • You agree to submit to the exclusive jurisdiction of the state or federal courts located in Delaware for any legal action or proceeding arising out of or related to these Terms or the Service.

2. Account Registration & Security

2.1 Registration & User Information

  1. Eligibility
    • The Service is intended for adults aged 18 or older. Registration or use by minors is strictly prohibited (see Section 4 for details).
  2. Accurate Information
    • You must provide accurate, current, and complete information during registration and promptly update your information if it changes.
  3. Prohibited Registrations
    • You may not register using false credentials, impersonate another individual or entity, or create duplicate accounts without permission. The Company reserves the right to refuse registration or cancel accounts in violation of this policy.

2.2 Security of Account

  1. User Responsibility
    • You are responsible for safeguarding your username, password, and any other access credentials. Any activity occurring under your account is deemed to be your responsibility.
  2. Unauthorized Use
    • If you suspect unauthorized access or a breach of security (e.g., hacking, identity theft), you must notify the Company immediately.
  3. Company Rights
    • The Company may suspend, restrict, or delete any account if it has reason to believe that these Terms have been violated, or if there has been fraudulent or harmful use of the Service.

2.3 Suspension & Termination

  1. Dormant Accounts
    • If you do not log in or use the Service for a certain period (e.g., 12 consecutive months), your account may be deemed dormant. The Company may archive, restrict, or delete certain data associated with such dormant accounts.
  2. Voluntary Termination
    • You may request account termination at any time. Upon termination, your account and related data may be deleted or retained for a limited period in accordance with our Privacy Policy and applicable laws.
  3. Involuntary Termination
    • The Company may suspend or terminate your account if you violate these Terms or applicable laws. In such cases, the Company may immediately restrict your access to the Service without prior notice.

3. Payment Terms & Refund Policy

3.1 Points System

  1. Points-Based Model
    • The Company offers a Points-based payment system. Users purchase “Points” to access premium or additional features of the Service
  2. Points Usage
    • Purchased Points can be used for various paid features within the Service. The specific usage instructions will be provided within the Service interface.
  3. Expiration of Points
    • Certain Points (including promotional Points) may come with an expiration date. Expired Points are no longer valid and cannot be redeemed.

3.2 Payment & Billing

  1. Payment Methods
    • The Company may use third-party payment processors (e.g., credit card networks, Stripe) and Users must provide valid payment information.
  2. Taxes & Currency
    • You are responsible for any taxes, duties, or currency exchange fees that may apply to your purchase.
  3. Billing Disputes
    • If you notice any billing errors or suspect unauthorized transactions, you must contact the Company promptly to investigate and resolve the issue.

3.3 Refund Policy

  1. Non-Refundable

    o All purchases of points are final and non-refundable unless required by law.

  2. Request for review

    o In cases of unauthorized transactions or billing errors, Users may contact the Company within 7 days of the charge to request a review. Relevant proof (e.g., payment receipts, identity verification) is required to be provided for the Company’s review.

    o Where valid evidence of unauthorized charges is found, the Company may, at its discretion, issue a full or partial refund; however, additional fees or processing costs may apply.

  3. Forfeiture of Points upon Account Termination

    • If a User’s account is terminated or suspended due to a violation of these Terms, or if the User voluntarily closes the account, any remaining Points may be immediately forfeited without refund, unless otherwise required by applicable law.
    • The Company assumes no liability for losses or claims related to forfeited Points in such circumstances.

3.4 Price Changes

  • The Company may change the price of Points or other paid features at any time. Such changes do not affect Points already purchased prior to the effective date of the price change. Users will be notified of new rates before making any subsequent purchase.

4. Age Restriction & Child Protection

4.1 Minimum Age Requirement

  1. 18+ Only
    • The Service is strictly available only to individuals who are 18 years of age or older (or the age of majority in your jurisdiction, whichever is higher).
  2. User Representation
    • By registering or using the Service, you represent and warrant that you are at least 18 years old. The Company reserves the right to require proof of age and may deny access if you fail to provide it.

4.2 Strict Prohibition of Minors

  1. No Minor Registration or Use
    • Minors (under 18) are not allowed to register or use the Service in any manner. There are no exceptions based on parental or guardian consent.
  2. Violation & Consequences
    • If the Company becomes aware that a minor has registered or is using the Service, the Company may immediately suspend or terminate the account.
  3. Liability
    • If a minor (or their guardian) misrepresents their age or otherwise circumvents any age verification measures, they bear full responsibility for all resulting legal, financial, or other consequences.

4.3 COPPA Compliance

  1. No Collection of Children’s Data
    • The Company does not knowingly collect or process personal information from children under 13.
  2. Immediate Deletion
    • If the Company discovers that it has inadvertently collected personal information from a child under 13, such information will be promptly deleted.
  3. Guardian Notification
    • Parents or legal guardians who believe their child has used the Service or had personal information collected should contact the Company immediately so the appropriate action can be taken.

4.4 Adult-Oriented Content

  1. Potentially Explicit Material
    • The Service’s AI character chat and image generation features may produce adult-oriented or explicit content. Users must acknowledge and consent to this possibility before use.
  2. Age Verification
    • The Company may implement age verification measures to ensure compliance with these Terms.
  3. Monitoring & Enforcement
    • Content deemed illegal or harmful (e.g., involving child sexual exploitation, extreme violence, hate speech) could be removed, and the responsible account may be suspended or terminated.

4.5 Limitation of Liability regarding Age Restriction

  • The Company has taken reasonable measures to prevent minors from accessing the Service. The Company shall not be held liable for any damages—direct or indirect—resulting from a minor’s unauthorized use of the Service, including but not limited to cases where a minor misrepresents their age or otherwise circumvents verification measures. Any liability lies solely with the minor and/or their legal guardian.

5. Adult/Explicit Content Policy

5.1 Potential for Adult-Oriented Content

  1. Possibility of Explicit Material
    • The Service may generate or display adult-oriented or explicit content (e.g., sexual or graphic materials) through AI character chats or image generation features.
    • Users are advised to be aware of this possibility and refrain from using the Service if they find such content objectionable.
  2. Limitation of Liability
    • The Company permits lawful adult content in principle but does not guarantee or assume responsibility for all potential discomfort or differences in individual or cultural sensitivities.

5.2 Prohibition of Unlawful or Harmful Content

  1. Prohibited Content
    • The following types of content are strictly forbidden:
      • Sexual content involving minors (e.g., child sexual exploitation, any depiction involving individuals under 18)
      • Clear hate speech or content inciting discrimination or violence
      • Bestiality, extreme violence, gore, or other content considered antisocial
      • Any other content that is illegal under applicable local laws
  2. Reporting and Review
    • Users are encouraged to report any unlawful or harmful content to the Company promptly. Upon receiving a report, the Company will review the reported content and the associated account without delay.

5.3 Monitoring and Enforcement

  1. Monitoring Rights
    • To maintain Service quality and comply with legal requirements, the Company may monitor, review, store, or process user-generated content and AI outputs.
    • However, the Company does not pre-screen or endorse any User Content and has no obligation to do so. The Company nonetheless reserves the right, at its sole discretion, to remove or restrict any content that violates these Terms or poses a legal or ethical risk
    • The Company does not necessarily review all content in real time or in advance. Responsibility for unlawful, harmful, or otherwise prohibited content rests solely with the user who created or shared it.
  2. Enforcement Measures
    • If content is found (or reasonably believed) to violate these Terms or applicable law, the Company may take enforcement actions, including but not limited to warning the user, removing the offending content, temporarily suspending the user’s access, or permanently terminating the user’s account.
  3. Reporting Mechanism
    • Users are encouraged to report any suspected violations. The Company will make reasonable efforts to investigate such reports in a timely manner and take appropriate action

6. DMCA & Copyright Takedown

6.1 Obligation to Protect Copyright

  1. Compliance Requirements
    • Both the Company and users must comply with the U.S. Digital Millennium Copyright Act (DMCA) and any other applicable intellectual property laws.
  2. User’s Duty of Care
    • Users shall not upload or distribute any content that infringes upon another party’s intellectual property rights (e.g., copyright, trademark, patent, right of publicity). Unlawful copying or distribution is strictly prohibited.

6.2 Copyright Infringement Notice & Takedown

  1. Filing a Notice
    • If a copyright holder (or an authorized agent) believes that infringing content is available on the Service, they may submit a formal notice through the Company’s designated channel (e.g., email or web form).
    • Such notice must include proof of ownership or authorization, along with specific evidence (e.g., URLs, screenshots) of the alleged infringement.
  2. Notification and Action
    • Upon receiving a valid infringement notice, the Company will promptly remove or disable access to the identified content. The Company may also notify the user who posted the content, where feasible.
  3. Counter Notification
    • If a user believes their content was removed or disabled in error, they may submit a Counter Notification.
    • The Company will review the counter notification under applicable law (e.g., DMCA) and its internal policies to decide whether to restore the content or reinstate the user’s account.

6.3 Repeat Infringer Policy

  • The Company may take stricter measures, including permanent account termination, against users who repeatedly commit copyright infringement.

7. Account Suspension & Termination

7.1 Grounds for Suspension or Termination

  1. Violation of Terms or Policies
    • Serious or repeated violations of these Terms, Community Guidelines, payment policies, or other Company policies
  2. Illegal Conduct or Rights Infringement
    • Activities involving illegal content creation or sharing, infringement of others’ rights (e.g., copyright, right of publicity), identity theft, defamation, etc.
  3. Fraudulent or Improper Use
    • Account lending or sale, use of automated scripts or macros, hacking, or any conduct that undermines the stability or security of the Service
  4. Other Reasonable Determinations
    • Any other situation in which the Company reasonably concludes that continued account use may seriously harm the Service or other users

7.2 Procedure

  1. Advance Notice
    • The Company will generally provide prior notice of an impending suspension or termination, but may act without notice if the user’s conduct poses an imminent risk or involves unlawful activity.
  2. Opportunity to Respond
    • Affected users may request an opportunity to explain or dispute the Company’s decision. The Company will review any relevant information submitted within a reasonable timeframe.
  3. Outcome
    • After reviewing the matter, the Company may permanently terminate, temporarily suspend, or reinstate the user’s account as deemed appropriate, and will notify the user of its final decision.

7.3 Effects of Termination

  1. Data Handling
    • If an account is terminated, associated data (e.g., content, Points, personal information) will be handled according to the Company’s Privacy Policy and applicable law (i.e., deletion or retention for a specified period).
  2. No Refunds
    • If the account is terminated due to the user’s fault (e.g., violation of these Terms), unused Points are not eligible for refund, and the Company assumes no liability for any losses.
  3. Re-Registration Restriction
    • In cases involving severe violations, the Company may permanently ban the user from re-registering. The user may be placed on an internal blacklist, if necessary.

8. User-Generated Content (UGC) Policy

8.1 User Responsibility

  1. Ownership & Liability
    • All content (including characters, settings, text, images, etc.) that a user creates, uploads, or posts (“UGC”) is the sole responsibility of the user.
    • Users must ensure their UGC does not violate any laws or infringe on others’ rights.
  2. Accuracy & Reliability
    • Because UGC is created or provided by users, the Company makes no warranty regarding its accuracy, reliability, or usefulness.
  3. Public vs. Private Character Creation
    • You may create characters that are either public (accessible by other Users) or private (visible only to you). Public characters or dialogues may be copied, shared, or modified by other Users within the Service, and the Company is not liable for any misuse once you voluntarily make your character public.

8.2 Intellectual Property & License

  1. Rights to User-Created Characters
    • All IP rights to characters (including settings, designs) created by a user belong to that user.
    • However, if the user’s character is based on existing IP (e.g., from a game or an anime), the user is solely responsible for obtaining the necessary permissions and ensuring no infringement occurs.
  2. License Granted to the Company
    • By uploading or creating UGC, the user grants the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, distribute, and display the UGC for the purposes of operating, promoting, improving, or training the Service and AI models.
    • This license may continue for a reasonable period even after the UGC is removed or the user’s account is terminated, to the extent necessary for legitimate operations.
  3. Protection of the Company’s IP
    • All AI models, image generation models, algorithms, and software developed or operated by the Company are the exclusive property of the Company. Users shall not reverse-engineer, copy, distribute, or create derivative works from the Company’s IP without explicit authorization.

8.3 Prohibited Content & Enforcement

  1. Examples of Prohibited Content
    • Content that promotes illegal activities, fraud/phishing, malware distribution, or discloses personal information of others
    • Obscene material, hate speech, extreme violence, discriminatory or defamatory content
    • Copyright-infringing content or any material that violates someone else’s intellectual property rights
  2. Removal & Penalties
    • The Company may remove or restrict any UGC that violates these Terms or relevant policies without prior notice, and may suspend or terminate the offending user’s account.

8.4 Disclaimers & Dispute Resolution

  1. User Disputes
    • In the event of disputes among users (e.g., over copyright or defamation), the Company remains neutral and is not responsible for mediating such disputes. Users must resolve these issues among themselves.
  2. Company Disclaimer
    • Despite reasonable efforts to monitor content, the Company cannot preemptively guarantee that all UGC is lawful or compliant. Liability for illegal or wrongful UGC lies with the user who created or shared it, not the Company.

9. Intellectual Property & Licensing

9.1 Scope & Definitions

  1. Service Works
    • All copyrights, trademarks, patents, trade secrets, and other intellectual property rights relating to this Service (including the website, apps, software, AI models, etc.) are owned by the Company or are used by the Company under a valid license.
  2. Content and Materials
    • All materials displayed during your use of the Service, such as text, graphics, logos, button icons, images, audio clips, compilations of data, and more (“Content”), are likewise protected under the relevant rights of their respective owners.

9.2 Company Ownership

  1. Software & Algorithms
    • The Company retains full ownership and related rights to all AI conversation models, image-generation models, algorithms, software, databases, websites, and application code (collectively, “Software”).
    • Unless expressly permitted in writing, you may not reverse engineer, reproduce, distribute, modify, rent, or publicly transmit any part of the Software.
  2. Trademarks & Service Marks
    • The Company’s trade names, logos, domain names, service names, and other marks (“Trademarks”) are the property of the Company. You may not use them without the Company’s prior authorization.

9.3 License Grants & Restrictions

  1. License to Use the Service
    • Subject to your compliance with these Terms and other applicable policies, the Company grants you a personal, non-commercial, non-transferable, non-exclusive license to access and use the Service.
    • This license is strictly limited to normal use of the Service. You may not exploit the Service for commercial purposes or create derivative works without the Company’s explicit consent.
  2. Maintenance of Copyright Notices
    • When using or redistributing any Content provided through the Service, you shall not remove or alter any copyright, trademark, or other proprietary notices unless you have explicit permission to do so.

9.4 Infringements & Protections

  1. Suspected Infringement
    • If the Company becomes aware of any suspected infringement of its intellectual property rights—such as unauthorized copying or distribution—the Company may issue warnings, impose restrictions, and, if necessary, pursue legal action.
  2. Third-Party Rights
    • Users are responsible for securing any rights or permissions needed when using third-party intellectual property. If a dispute arises over unauthorized use of a third party’s IP, the user is solely liable for any resulting consequences.

9.5 AI Model & Data-Scraping Restrictions

  1. Company’s AI & Software Ownership
    • The Company retains all rights, title, and interest in and to its AI conversation model(s), image-generation models, algorithms, software, datasets, and related technologies (“AI Technologies”).
    • Unless expressly permitted in writing by the Company, Users shall not reproduce, analyze, lease, publicly transmit, modify, distribute, or reverse-engineer any part of the Company’s AI Technologies.
  2. Prohibition on Training or Fine-Tuning Other AI Models
    • Users may not use, extract, or otherwise exploit any text, images, dialogues, or outputs generated by the Service (“AI Outputs”) to train, improve, or fine-tune other AI models, whether for commercial or personal purposes, without the Company’s explicit prior consent.
    • Any breach of this subsection may result in immediate account termination and may subject the violator to legal action.
  3. Data-Scraping & Automated Collection
    • Users shall not employ bots, scrapers, crawlers, or other automated means to collect, harvest, or store content (including AI Outputs, User dialogs, images, or character data) from the Service.
    • Unauthorized data extraction or similar activities may lead to account suspension and legal action, as these actions can harm the Company and other Users.
  4. Unapproved Usage
    • Users must not engage in high-volume API calls, bulk downloading, or any other unapproved methods to copy, transform, or repurpose AI Outputs beyond normal personal use within the Service.
    • Violations of this provision are deemed material breaches of these Terms, and the Company may pursue all remedies available under law, including claims for damages.

10. AI Model Limitations & Disclaimers

10.1 Nature of AI Models

  1. Limitations of Generative AI
    • Because the Service uses conversational AI, image-generation AI, and similar models, the accuracy and completeness of outputs cannot be guaranteed.
    • AI models automatically generate responses and images based on trained data, so they may contain bias or inaccuracies.
  2. User Responsibility for Information
    • The Company is not liable for any direct or indirect damages, losses, or legal issues resulting from actions taken in reliance on AI-generated information.
    • You should treat AI outputs as reference material and independently verify critical information with professionals or relevant sources whenever needed.
  3. No Professional Advice
    • The Service is not intended to provide medical, legal, financial, or other professional advice. You should always consult a qualified professional before making any significant decisions based on AI-generated information.

10.2 General Disclaimers

  1. “As Is” Provision
    • The Company offers the Service on an “as is” and “as available” basis, without any express or implied warranties regarding quality, performance, or fitness for a particular purpose.
  2. Third-Party Content & Links
    • The Service may contain links or references to third-party websites, materials, products, or services. The Company does not endorse nor assume responsibility for them, and any liability rests with the respective third parties.
  3. Liability Limitation
    • To the fullest extent permitted by law, the Company disclaims liability for any direct or indirect damages (e.g., data loss, business interruption, monetary loss) arising from the use of the Service.

11. Service Maintenance & Updates

11.1 Right to Modify the Service

  1. Service Revisions
    • The Company may revise, add, or discontinue portions of the Service (including content, structure, interface, etc.) at any time for technical, operational, or business reasons, or to improve the user experience.
  2. Prior Notice
    • The Company will endeavor to give prior notice of significant changes (e.g., removal of a major feature or changes to paid services). However, in cases of force majeure or emergencies (e.g., server failures), the Company may provide notice afterward.

11.2 Maintenance Work

  1. Scheduled or Unscheduled Downtime
    • The Company may perform regular or ad hoc maintenance to ensure system stability and security, during which access to parts of or the entire Service may be temporarily restricted.
  2. Updates
    • The Company may update the software to fix bugs, enhance performance, or add new features. Users should update to the latest version to ensure the best possible experience.

11.3 Data Backup & Storage

  • The Company may periodically back up or store server data to safeguard against loss. However, in cases of force majeure, security breaches, or other uncontrollable events, the Company’s liability for data loss may be limited.

12. Beta Services Policy

12.1 Definition of Beta Services

  1. Trial Features
    • The Company may offer certain features or technologies (“Beta Services”) on a trial basis before they are officially released.
    • Beta Services may be incomplete and may experience bugs, errors, or interruptions.
  2. Voluntary Participation
    • Users may opt in to use Beta Services. Because participation is voluntary, the Company does not guarantee compensation or liability coverage for any functionality issues or data loss experienced during Beta use.

12.2 Limited Warranties & Liabilities

  1. Beta Nature
    • Beta Services are experimental, so the Company limits its responsibility for stability, quality, or continuity.
  2. Feedback
    • The Company may request feedback or bug reports from Beta users to improve the services. The Company may incorporate such improvements into the final release at its discretion.
  3. No Notice of Changes
    • The Company may alter, discontinue, or merge Beta Services into the main Service without prior notice and is not liable for any resulting damages or losses.

13. Community Guidelines

13.1 Purpose & Scope

  1. Community Features
    • The Service may offer community-related features in the future—such as message boards, comments, chat rooms, user profiles, or other interactive elements (collectively, the “Community”)—and these guidelines are established to ensure a safe and healthy environment.
  2. Coverage
    • These Community Guidelines apply to all postings, comments, messages, and user interactions within the Community once it becomes available.

13.2 Rules of Conduct

  1. Respect & Civility
    • Users must treat others with respect and courtesy. Harassment, hate speech, discriminatory or hateful remarks, personal attacks, or sexual harassment are not permitted.
  2. Prohibition of Illegal or Harmful Information
    • Users may not post illegal content, false information, scams/phishing, personal data of others, or any material that infringes on copyrights or other legal rights.
  3. Spam & Advertising
    • Excessive advertising, repetitive spam, automated posting via bots/scripts, or mass-distributed messages are strictly prohibited.
  4. Protection of Others’ Rights
    • Users must not infringe upon another person’s privacy, personal rights, or intellectual property. If a violation is suspected, it must be promptly corrected or removed.

13.3 Administration & Enforcement

  1. No Prior Censorship
    • The Company generally does not engage in real-time or preemptive censorship. It may take action after the fact based on user reports or internal monitoring.
  2. Reporting & Handling
    • Anyone may report inappropriate posts or user behavior. After receiving a report, the Company will review it within a reasonable time and take necessary measures (e.g., removing the post, restricting the account).
  3. Penalties
    • The Company may implement various penalties for Community violations, including warnings, content removal, temporary suspension, or permanent account termination, depending on the severity of the violation.

13.4 Disclaimers & Liability

  1. User Disputes
    • Disputes arising among users within the Community (e.g., defamation, copyright, right of publicity) must generally be resolved between the parties. The Company remains neutral but may provide assistance as required by its policies or applicable law.
  2. Company Liability Limitations
    • The Company is not responsible for the content, accuracy, or legality of user-generated posts. Liability for illegal or infringing content rests with the user who created or posted it.

14. Third-Party Services & Links

14.1 External Links & Advertising

  1. Provided for User Convenience
    • The Service may include links to external websites, advertisements, or other resources primarily for user convenience.
  2. Liability Limitation
    • The Company does not guarantee or endorse the quality, accuracy, stability, or legality of external sites or services, and any risks or responsibilities arising from their use lie solely with the user and the third party involved.

14.2 Integration with Third Parties

  1. Partner Services
    • The Company may integrate third-party APIs, plugins, social logins, or payment gateways. In such cases, separate terms or privacy policies may apply.
  2. Roles & Responsibilities
    • The Company will provide reasonable information regarding third-party integrations; however, it is not directly responsible for issues (e.g., errors or data breaches) that occur within those third-party services.

14.3 Third-Party Content

  1. Copyright & Licensing
    • All intellectual property rights to third-party content (e.g., images, text, data) belong to the respective third party, and users may not reproduce, distribute, or modify such content without proper authorization.
  2. Reliability & Safety
    • The Company does not warrant the accuracy, validity, or legality of third-party content. Any disputes or problems stemming from its use must be resolved between the user and the third party.

15. Security Measures

15.1 Company’s Security Efforts

  1. Technical & Managerial Safeguards
    • The Company employs encryption, firewalls, security protocols, and other technical and administrative measures to protect personal, account, and payment information.
  2. No Absolute Guarantee
    • While the Company strives for the highest security standards, no online environment is completely immune to breaches (e.g., hacking, data leaks). Users acknowledge such inherent risks.

15.2 User Obligations

  1. Account Security
    • Users must keep their passwords, authentication tokens, and other account credentials confidential, and should not share them with anyone.
  2. Prompt Notification
    • If users suspect account theft, hacking, or any security breaches, they must immediately notify the Company and follow its guidance to prevent further damage.

15.3 Incident Response

  1. Security Incident Notice
    • If the Company becomes aware of a security threat or incident, it will promptly inform affected users of the situation and the steps to be taken for protection.
  2. Cooperation
    • In the event of a security breach, the Company will cooperate with law enforcement, security experts, and other relevant parties. Users may also be required to provide necessary information to help contain and resolve the issue.

16. Promotions, Events & Rewards

16.1 Operational Principles

  1. Promotions & Events
    • The Company may run discounts, coupons, point bonuses, giveaways, free trials, and other promotions or events at its discretion.
  2. Information Disclosure
    • The terms of each promotion or event (target audience, duration, rewards, etc.) will be clearly disclosed in advance, and the Company will maintain a fair process through appropriate internal procedures.

16.2 Rewards & Benefits

  1. Granting of Benefits
    • Points, coupons, prizes, or other rewards gained from promotions and events are provided according to the methods and procedures determined by the Company.
  2. Duplicate Winning & Restrictions
    • Depending on the nature of the event, the Company may limit duplicate wins or multiple account entries, ensuring that the same user does not receive benefits more than once unless otherwise specified.

16.3 Changes & Termination

  1. No Prior Notice Required
    • The Company reserves the right to modify or discontinue any promotion or event without prior notice, and is not liable for any losses incurred by users in such cases (unless otherwise required by law).
  2. Prevention of Misuse
    • If a user is found to have committed fraud or otherwise exploited the system (e.g., using multiple accounts, exploiting bugs), the Company may cancel the prize, revoke the benefits, or impose account penalties as deemed appropriate.

17. Disclaimers & Limitation of Liability

17.1 Disclaimers

  1. Service Provided “As Is”
    • The Company provides this Service on an “as is” and “as available” basis, with no express or implied warranties regarding fitness for a particular purpose, merchantability, or accuracy.
    • Due to the nature of AI, its outputs (e.g., Q&A, images, text) may be inaccurate or biased, and Users should treat them as references only.
  2. Third-Party Links and Materials
    • The Company does not control any third-party websites, advertisements, or materials linked within the Service, and disclaims any responsibility for their content or quality.
  3. Unpredictable Events
    • Factors such as network failures, system errors, hacking, or force majeure events may cause partial or complete service interruptions or data losses. The Company’s liability in such circumstances is limited.

17.2 Limitation of Liability

  1. Exclusion of Indirect Damages
    • To the fullest extent permitted by law, the Company shall not be liable for any direct or indirect damages (e.g., lost profits, lost data, interruption of business, defamation) arising from the use or inability to use the Service.
  2. No Liability for Special or Consequential Damages
    • The Company disclaims liability for any special, incidental, consequential, or punitive damages incurred by the User, unless otherwise mandated by law.
  3. Limited Liability for Paid Services
    • Even if the Company is found liable in connection with paid services (e.g., Point purchases), its liability is limited to the total amount paid by the User for those services during the preceding three (3) months.

17.3 Exceptions

  • If damages are caused by the Company’s willful misconduct or gross negligence, the limitations of liability in this Section may not apply. However, Users must provide evidence of such willful misconduct or gross negligence.

18. Indemnification

18.1 User’s Indemnification Responsibility

  1. Breach of Terms or Unlawful Acts
    • If a User breaches these Terms or any applicable laws, or infringes upon the rights of a third party, and such conduct causes harm to the Company or other Users, the offending User shall be liable for compensating all resulting damages.
  2. Third-Party Claims
    • If a third party initiates a lawsuit, claim, or demand (including damages) against the Company due to any unlawful User content, posts, or actions, the User responsible for such content or conduct must indemnify the Company for all losses, expenses, and fees (including attorneys’ fees).

18.2 Company’s Actions

  1. Defense & Cooperation
    • If the Company faces third-party claims as described above, it may request cooperation from the User (e.g., providing evidence or testimony), and the User must comply as needed.
  2. Subrogation (Reimbursement)
    • If the Company settles or pays damages to resolve a dispute caused by a User’s wrongful conduct, the Company may seek reimbursement from the User for all related amounts and expenses.

19. Special Circumstances (Legal Requests & Emergency Suspension)

19.1 Legal Requests

  1. Court or Investigative Agency Demands
    • The Company may disclose or restrict access to User information (e.g., logs, posts, account data) or the Service when required by valid legal procedures, such as a court order or a lawful request from an investigative authority.
  2. Protection of Personal Information
    • Even under such legal requests, the Company endeavors to provide only the minimum amount of information necessary, in accordance with applicable laws, to protect the User’s personal data.

19.2 Emergency Suspension & Service Restrictions

  1. Urgent Situations
    • In the event of hacking, data breaches, server failures, discovery of illegal activities, or other urgent circumstances, the Company may suspend all or part of the Service without prior notice for the sake of prompt resolution.
  2. Post-Event Notice
    • After an emergency suspension, the Company will address the issue as quickly as possible and, where feasible, inform Users of the situation. Any losses incurred by Users as a result of such suspension are subject to the limitation of liability provisions in these Terms.

19.3 No Cross-Border Data Transfer

  1. Data Storage Policy
    • The Company stores its data (e.g., server data for operation of the Service) within the United States (or another designated region) and does not transfer data overseas without separate notice.
  2. Future Changes
    • If the Company decides to expand operations and utilize servers or cloud regions abroad, it will provide prior notification to Users and comply with relevant legal requirements.

20. Force Majeure

20.1 Definition

  1. Events Beyond Reasonable Control
    • “Force Majeure” refers to any event that is beyond the Company’s reasonable control, including but not limited to natural disasters (e.g., earthquakes, floods), war, terrorism, riots, epidemics, government orders, strikes, communication or power outages, fires, or major server disruptions (including those caused by cloud service providers).
  2. Technical Limitations
    • Large-scale system failures or other unforeseen internet-based disruptions may also be deemed Force Majeure events.

20.2 Exemptions

  1. Exemption from Liability
    • If a Force Majeure event prevents or delays the Company from fulfilling its obligations under these Terms, the Company shall not be held liable for such delay or failure.
  2. Notification & Resolution Efforts
    • In the event of Force Majeure, the Company will make reasonable efforts to notify Users promptly and will strive to restore normal Service operations as soon as possible once the disruptive event is resolved.

21. Governing Law & Dispute Resolution

21.1 Governing Law

  1. Delaware Law
    • These Terms and any related matters shall be governed by and construed in accordance with the laws of the State of Delaware and applicable federal laws of the United States.

21.2 Jurisdiction

  1. Exclusive Venue
    • All disputes arising out of or in connection with these Terms or the use of the Service shall be brought exclusively in the courts located in the State of Delaware, and Users hereby consent to the jurisdiction of such courts.

21.3 Dispute Resolution Process

  1. Negotiation and Mediation
    • The Company and Users shall endeavor to resolve any dispute through good-faith discussions and mediation before resorting to litigation.
  2. Litigation
    • If the parties cannot settle their dispute through negotiation, each party may pursue legal action in the designated courts. However, the parties may also agree, in writing, to resolve the matter through arbitration or another alternative method if they so choose.

21.4 Mandatory Arbitration & Class Action Waiver

  1. Mandatory Individual Arbitration
    • All disputes, claims, or controversies arising out of or in connection with these Terms or the Service shall be resolved exclusively by binding individual arbitration, rather than in court, except as otherwise set forth herein.
    • The arbitration shall be administered by [American Arbitration Association (AAA)] under its rules, or by another recognized arbitration institution mutually agreed upon by the parties.
    • Unless otherwise agreed, the arbitration shall take place in Delaware, U.S.A., and the arbitrator’s decision shall be final and binding, with judgment enforceable in any court of competent jurisdiction.
  2. Class Action Waiver
    • You agree that any dispute shall be individually resolved, and you waive the right to participate in any form of class action, class arbitration, or representative proceeding against the Company.
    • This means you may bring a claim only on your own behalf, and not on behalf of others.
  3. Exceptions
    • Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
    • If a claim qualifies for small claims court in the applicable jurisdiction, either party may bring an action in small claims court instead of arbitration.
  4. Arbitration Costs & Governing Rules
    • Each party shall bear its own attorneys’ fees and costs unless the applicable arbitration rules or the arbitrator’s decision provide otherwise.
    • This arbitration clause and class action waiver shall be interpreted under the laws of the State of Delaware, without regard to conflicts of law principles.
  5. Local Law Exceptions
    • If your local jurisdiction does not allow mandatory arbitration or class action waivers, or limits these clauses, then those specific provisions may not apply to you to the extent required by law. All other clauses of this Section remain in effect.

22. Effective Date & Amendments

22.1 Effective Date

  1. Commencement
    • These Terms become effective on the date indicated by the Company (or the date specified within these Terms) and shall apply to both existing and new Users.
  2. Scope of Application
    • The latest version of these Terms supersedes all prior versions. Continued use of the Service indicates acceptance of the most recent version.

22.2 Amendment Procedure

  1. Reasons for Amendment
    • The Company may modify, add to, or remove portions of these Terms due to changes in laws, updates to Service policies, technological or operational requirements, or other reasonable grounds.
  2. Prior Notice
    • In the event of an amendment, the Company will announce the changes and their effective date at least seven (7) days in advance (thirty (30) days for significant changes) via notices on the Service, email, or pop-up notifications.
  3. Acceptance & Objection
    • If a User continues to use the Service without explicitly expressing disagreement before the new Terms take effect, the Company will deem that the User has consented to the amendments.
    • Users who do not agree to the amended Terms may discontinue using the Service and close their accounts.

22.3 Records of Amendments

  • The Company will maintain a record of the version history and effective dates of these Terms, allowing Users to review any past changes.

23. Miscellaneous

23.1 Electronic Contracting & Signatures

  1. Electronic Consent
    • Any agreement signified by a User’s online action (e.g., clicking “Agree,” completing registration) has the same legal force and effect as a handwritten signature.
  2. Electronic Notices
    • The Company may deliver important announcements via email, website notifications, in-app alerts, or other electronic means. Users are responsible for keeping their contact details up to date.

23.2 No Assignment

  1. Prohibition
    • Users may not assign or transfer any rights or obligations under these Terms (including accounts, Points, or licenses) to a third party without the Company’s prior written consent.
  2. Invalid Transfers
    • Any unauthorized assignment or transfer shall be considered null and void, and the Company may suspend or terminate the relevant account.

23.3 No Third-Party Beneficiaries

  1. Direct Contractual Relationship
    • These Terms constitute a contract between the Company and the User only. Nothing herein is intended to grant rights or benefits to any third party.

23.4 No Waiver

  • If the Company does not assert a right or take immediate action regarding any breach of these Terms, it shall not be deemed a waiver of that right. The Company may exercise its rights at any time.

23.5 Surviving Provisions

  • Even if these Terms are terminated or expire, any clauses that by their nature should survive (e.g., liability limitations, indemnification, intellectual property, obligations regarding User content) shall remain in effect.

23.6 Official Language & Translations

  1. English Language Governs
    • The Company may provide these Terms in multiple languages for convenience, but the English version is the governing text in any legal dispute or interpretive conflict.
  2. Updates to Translations
    • The Company will endeavor to update translated versions when these Terms change, but if there is any delay, the most recent English version prevails.

23.7 Entire Agreement & Severability

  1. Entire Agreement
    • These Terms represent the complete and exclusive agreement between the User and the Company, superseding all prior or contemporaneous written or oral agreements.
  2. Severability
    • If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions remain in full force and effect.

23.8 Contact Information

  • For inquiries, complaints, or any other requests related to the Service, Users may contact contact@lovech.at. The Company will make reasonable efforts to respond promptly and seek amicable resolutions.