Terms of Service

Date of Revision: [01/12/2023]

Terms of Service of EverAI Limited & Grande Mania Inc

Welcome to Dreamy.ai (the “APP”). You are reading the Terms of Service (the “TOS”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the APP and our related services. For purposes of the TOS, “you” and “your” means you as the user of the APP. Dreamy.ai is an online chat application that uses artificial intelligence algorithms to generate virtual and fictional characters (the “AI Companions”). The APP generates messages, so that you can chat with the AI Companions. The APP can also generate media including, but not limited to, images, videos, and voice notes (the “Services”). Parts of the Services offered by the APP may require you to create a user account. To begin with, you need to either pick an AI character you wish to talk to, or generate your own AI character (both physical and personality characteristics) using our algorithms. You can then start a conversation with your selected character(s). By accessing and/or using the APP, you agree to be bound by these TOS. You understand and agree that we will treat your access or use of the APP as acceptance of our TOS and Privacy Policy. In the event that you do not agree with our TOS, please refrain from using our APP any further and you will no longer be able to access any part of our Services.

1. Account

1.1 General

Parts of the Services offered by the APP may require you to create a user account using user email and password (the “Protected Areas”). In the event of accessing Protected Areas, you agree to access only using your registered email address and password. You can sign-up (register) or login using your email address. You hereby represent and warrant that all information you submit to create a user account is true and correct, you are given full rights to submit such information. You agree to, from time to time as necessary, update any information associated with your user account (including but not limited to, your email, payment information (subscriptions or other supplemental information as the case may be)) so that it remains current, accurate, and correct at all times. You agree to protect the confidentiality of your user account not to share your user account access and not to disclose your password to any third party. You agree that you are fully responsible for all activities occurring under your user account. Your user account is non-transferrable. You cannot sell, lend, or otherwise share it with any other person, for commercial purposes or free of charge. Any violation of these TOS, including but without limitation, failure to maintain updated and correct information about your user account may cause your user account to fall out of good standing and we may cancel your user account at our sole discretion. Meanwhile, we reserve the right to terminate or restrict your user account, or otherwise revoke your access to the APP or Services provided by us, at any time for reasons or suspicions which indicate you have violated the terms of TOS and/or Privacy Policy, at our sole discretion. You agree that we will not be liable to you or any third party for, without limitation, any denial of use of the APP or the content or Services offered by us, any change of costs for third party Services or fees or otherwise or from suspension or termination of your user account.

1.2 Subscription

We retain the right, at our sole discretion, to provide some Services, which will be available only for paid subscribers. The subscription will begin after the initial payment and the payment should be performed pursuant to the fee terms as presented on our website at the time of the purchase. You are responsible for payment of all fees, charges, and taxes (if required by law) related to the transaction. Please note that if you subscribed to the Services from a distribution platform from a third party which is not indicated or recognized by us, we are not responsible for any costs or liability arising from your action.

1.3 User Safety

At Dreamy.ai, we prioritize the safety and well-being of our users. We strongly advise all users to exercise caution and refrain from disclosing sensitive personal information during conversations with AI Companions. This includes, but is not limited to, financial details, addresses, contact information, or passwords. While we implement security measures to safeguard user data, we cannot guarantee the security of information shared during interactions. Users are solely responsible for protecting their personal information and should be aware of potential risks associated with online conversations. We encourage users to report any suspicious or inappropriate behavior encountered on the platform, as we are committed to maintaining a safe and respectful environment for all users.

2. Legal Capacity

2.1 You understand and warrant that:

a. If you are entering into these TOS on behalf of another person, You are fully and duly authorized by such person to enter into these TOS which will be binding upon both you individually and such other person; You are of the legal age in the jurisdiction of your place of domicile to form a binding contract with us; if you are under the legal age in the jurisdiction of your place of domicile, you shall not access or use our Services;

2.2 Adult Content and Age Restriction:

Dreamy.ai includes adult content and AI-generated adult content. Therefore, users must be at least 18 years old or of legal age in their country of residence to access and engage with such content. By using the platform, users affirm that they meet the minimum age requirement and are legally permitted to access adult content. Dreamy.ai cannot be held responsible for any inaccuracies or misrepresentations regarding user age. It is the user's responsibility to ensure compliance with their local laws and regulations regarding the access and consumption of adult content.

3. Intellectual Property

The intellectual property in the APP and embedded materials (including without limitation technology, systems, files, documents, text, photographs, information, images, videos, audios, and software, individually or in combination) in Dreamy.ai are owned by or licensed to us. You may download or sign-up (register) to Dreamy.ai, to view, use, and display the APP on your devices for your personal use only. This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by us at any time. As a clarification, all intellectual property rights associated with Dreamy.ai, including the AI characters, platform design, logos, and any proprietary software or technology, are the sole property of Dreamy.ai or its licensors. Users are prohibited from reprodu cing, modifying, distributing, or using any intellectual property without explicit authorization. Any unauthorized use may result in legal consequences.

4. Your Contents

You retain your intellectual property ownership rights over the contents you submit to us. We will never claim ownership of your content, but we do require a license from you in order to use it. When you use Dreamy.ai or its associated Services to upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with our Privacy Policy. The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us. You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

5. Restrictions of Conduct and Content

5.1 In accessing and using the APP, you agree to abide by the following rules, restrictions, and limitations:

5.2 User Content and Validation:

Users of our platform do not have the ability to directly upload, share, or transmit any content. All content on our platform is created by our company and is subject to validation and upload by our company. Users do not have the capability to independently contribute or modify content.

5.3 User Content Responsibility:

You, as a user of Dreamy.ai (the “APP”), are solely responsible for the content generated by the AI Companions through text messages, voice messages, images, and videos. The AI Companions learn and respond based on the conversations you lead and the parameters you select. You understand and agree that Dreamy.ai does not control or endorse the content generated by the AI Companions. Therefore, you acknowledge that you are fully responsible for the content generated by the AI and for your own actions while using the APP. You must ensure that your interactions with the AI Companions comply with applicable laws and regulations, and you shall not engage in any illegal, unethical, or harmful activities through the APP.

5.4 Incidences and User Actions:

We want to emphasize that Dreamy.ai shall not be held responsible for any incitations or actions that may occur as a result of interactions between users and the AI Companions. As an AI-driven platform, the AI Companions are programmed to simulate human-like conversations, but their responses are generated based on algorithms and machine learning. We do not endorse or take responsibility for any actions, decisions, or consequences that may arise from the user's engagement with the AI Companions. Users should exercise their own judgment and discretion while interacting with the AI Companions and refrain from engaging in any activities that could potentially cause harm or violate any applicable laws or regulations.

5.5 Content Moderation:

We at Dreamy.ai (the “APP”) value the safety and integrity of our APP. While conversations between users and AI Companions are generally confidential, we have implemented a content moderation filter to ensure compliance with our Terms of Use. In the event that the moderation filter detects any content that violates our terms, we reserve the right to manually review the flagged content and take appropriate action, which may include terminating the user's account. This measure is implemented to maintain a respectful and secure environment for all users. We strive to strike a balance between privacy and community standards, and we appreciate your understanding and cooperation in adhering to our guidelines. We reserve the right, but are not obligated, to reject and/or remove any user content that we believe, in our sole discretion, violates these provisions. If you have noticed any violation of these Terms from your prospective, content of any nature whatsoever, please contact us at: [email protected] or directly report in the APP in the feedback section.

6. Account Deletion

If you wish to delete your account, please contact us at [insert contact details]. Upon receiving your request, we will deactivate your account and delete your personal information, except where we are required to retain certain information by law or for legitimate business purposes. Please note that even after your account is deleted, some of your information may remain in our backups for a certain period of time.

7. Claims of Infringement

7.1 Copyright

If you believe in good faith that materials transmitted or created through the APP infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. Please provide the following information in writing: An electronic or physical signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted work; A description of the copyrighted work that you claim has been infringed upon and sufficient information for us to locate such copyrighted work; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. We will 1) take proper preliminary actions against said alleged infringement within 1-3 days after receipt of said information, including without limitation link blockage; 2) notify the alleged infringer and demand him or her to explain and provide counter evidence. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice. If you do, we will notify the alleged claimant and afford him or her an opportunity to provide evidence to substantiate the claim. Upon receipt of said evidence, we will review the evidence provided by both parties, if we find the notice filed against you to be unsubstantiated, we will unblock or unremove the relevant link and notify you. If you are unable to provide sufficient evidence to the contrary, the copyright material will remain blocked or removed.

8. Changes to the Terms of Service

We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

9. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

11. Contact Us

If you have any questions about these Terms, please contact us at: [email protected]