AiLuvChat

Terms of Service

Last Updated: June 17, 2025

Effective Date: June 17, 2025

PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY. SECTION 17 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS.

Preamble

These Terms are intended to respect your privacy and data protection, and to comply with applicable data protection laws, including the EU General Data Protection Regulation (GDPR). These Terms and our Privacy Policy are designed to transparently explain how we handle your data.

1. Acceptance of the Terms

These Terms are a legally binding contract between you ("you" or "user") and AILuvChat ("we," "us," or "our"). These Terms govern your access to and use of our website located at https://ailuvchat.com/ and all associated services (collectively, the "Service").

By registering for an account to use the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Service.

2. Definitions

  • "Service" refers to the AI character chat services, website, applications, and all related functionalities provided by AILuvChat.
  • "Credit" refers to a limited, non-transferable, revocable right granted to you daily under a paid subscription plan, which allows you to use the features of the Service. Credits are not a financial instrument, do not constitute a prepaid payment instrument under any law, hold no monetary value, and cannot be redeemed for cash or any other form of legal tender.
  • "User Content" refers to any text, voice, or other data you input into the Service.
  • "Generated Content" refers to any text, voice, or other data generated by the Service's AI based on your User Content.

3. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement. This Service is not intended for or directed at children under 18.

4. Data Protection and Privacy

(a) Privacy Policy: The types of personal data we collect, the purposes of use, the legal basis for processing, your rights, and other important information are detailed in our Privacy Policy. By agreeing to these Terms, you also confirm that you have reviewed and agree to the Privacy Policy.

(b) Lawful Basis for Processing: We process your User Content to perform our contract with you to provide the Service. For other purposes, such as improving our AI models, we will obtain your separate, explicit consent. You may withdraw your consent at any time.

(c) Data Protection Contact: For any questions regarding data protection or to exercise your rights, please contact us at [email protected].

5. Your Data Protection Rights (under GDPR)

You have the following rights regarding your personal data:

  • Right of Access: The right to request access to and a copy of your personal data.
  • Right to Rectification: The right to have inaccurate or incomplete personal data corrected.
  • Right to Erasure ('Right to be Forgotten'): The right to have your personal data erased under certain conditions. 【※ IMPORTANT NOTICE】 If you exercise your right to erasure, we will promptly delete your personal data from our systems and guarantee that it will not be used for any future purpose (including AI training). However, after your data has been used for training a past AI model, it is not technically feasible to isolate and remove its influence from the already-trained model. We ask for your understanding in advance.
  • Right to Restrict Processing: The right to restrict the processing of your personal data under certain conditions.
  • Right to Data Portability: The right to receive your data in a structured, commonly used, and machine-readable format and to transmit it to another controller.
  • Right to Object: The right to object to the processing of your personal data based on our legitimate interests.

To exercise these rights, please contact us via your account settings or the contact information provided in Section 4(c).

6. Account Security

You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You agree to provide accurate and complete information and to notify us immediately of any unauthorized use of your account.

7. Subscriptions, Fees, and Payment

(a) Subscription Plans:

We offer various paid subscription plans ("Plans"). The fees, features, and number of Credits granted daily for each Plan are described on our pricing page.

(b) Auto-Renewal:

All Plans are on a monthly subscription basis and will automatically renew each month for the same duration as the original subscription term, unless you cancel prior to the renewal date. You authorize us to charge your selected payment method on a recurring basis without further authorization from you.

(c) Cancellation Policy:

You may cancel your Plan at any time through your account settings. The cancellation will take effect at the end of your current billing period. You will continue to have access to the Service and your daily Credit allowance through the end of your current billing period.

(d) No Refunds Policy:

ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. We will not issue any refunds or credits for any partial-month subscription periods or for any unused Credits. However, we reserve the right to issue refunds or credits at our sole discretion.

(e) Plan Changes:

You may schedule an upgrade or downgrade to your Plan, which will take effect on your next billing date. We do not currently support immediate, prorated plan changes.

8. Service Usage and Credits

(a) Daily Grant and Expiration:

If you are on a paid Plan, you will be granted a specific amount of Credits each day. These Credits expire in full twenty-four (24) hours after they are granted and DO NOT ROLL OVER to the next day. Any unused Credits at the end of the 24-hour period are permanently forfeited.

(b) Credit Consumption:

Using features of the Service, such as text chat and voice chat, will consume Credits. The conversion rate for different features will be displayed within the Service.

(c) Fair Use Policy:

The Service is intended for personal, non-abusive use. We reserve the right to limit, suspend, or terminate any user whose usage pattern is determined by us, in our sole discretion, to be excessive, automated, abusive, or otherwise detrimental to the Service.

9. User Content and Generated Content

(a) Ownership of User Content:

You retain any ownership rights you have in your User Content.

(b) License to Us:

By using the Service, you grant AILuvChat a worldwide, royalty-free license to use, reproduce, modify, anonymize, and create derivative works from your User Content and Generated Content for the purposes of providing, maintaining, improving, and developing the Service.

(c) Use of Generated Content:

Subject to your compliance with these Terms, we grant you a license to use the Generated Content in accordance with your subscription plan.

(d) Use for AI Model Training:

You acknowledge that the data you input into the service may be used for the purpose of training AI models, such as to improve the response accuracy of the AI. Consent for this use in AI training will be obtained through your explicit affirmation (e.g., a checkbox) during member registration. You may withdraw this consent at any time on your account settings page, and if you withdraw consent, your data will not be used for future AI training.

10. Intellectual Property Rights

The Service itself, including all underlying software, technology, text, graphics, logos, and trademarks, is the exclusive property of AILuvChat or its licensors and is protected by intellectual property laws.

11. User Feedback

Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary. You agree that we are free to use such feedback for any purpose without any obligation or compensation to you.

12. Prohibited Uses

You agree not to use the Service to:

  • (a) Violate any applicable law or regulation.
  • (b) Exploit, harm, or attempt to harm minors in any way.
  • (c) Generate or transmit content that is illegal, defamatory, obscene, hateful, or discriminatory.
  • (d) Infringe upon the intellectual property rights or privacy rights of others.
  • (e) Generate content to provide professional advice (e.g., medical, legal, financial).
  • (f) Attempt to gain unauthorized access to or disrupt the Service, its servers, or networks.

13. Termination

(a) Termination by Us:

We reserve the right to suspend or terminate your account and access to the Service at any time, for any or no reason, in our sole discretion, with or without notice.

(b) Termination by You:

You may terminate your account at any time by following the instructions within the Service.

(c) Effect of Termination:

Upon termination for any reason, your right to use the Service and any remaining Credits will immediately cease and be forfeited. All provisions of these Terms which by their nature should survive termination shall survive.

14. Data Transfers Outside the EU

We operate globally and may transfer your data to servers outside the EU/EEA (such as the United States). In such cases, we ensure that the data is protected under appropriate legal safeguards as defined by GDPR, such as the EU-U.S. Data Privacy Framework or Standard Contractual Clauses (SCCs). Please see our Privacy Policy for details.

15. Service Modification and Discontinuation

We reserve the right to modify, suspend, or discontinue the Service, in whole or in part, at any time, with or without notice and without liability to you.

16. Disclaimers and No Warranties

(a)

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

(b) AI Content Disclaimer:

The content generated by the AI is for entertainment purposes only. It may be inaccurate, incomplete, or offensive. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. You are solely responsible for evaluating the accuracy and appropriateness of any Generated Content. You agree that you will not rely on the Service for medical, legal, financial, or any other professional advice. We disclaim all liability for any harm or damages resulting from your reliance on any Generated Content.

(c) Memory Feature Disclaimer:

The Service may include a "memory" feature. This feature is provided "AS IS" and its accuracy, completeness, or persistence is not guaranteed. You acknowledge that character memories may be lost, corrupted, or become inaccurate at any time. We are not liable for any damages arising from the loss or inaccuracy of such memories.

(d) Security Disclaimer:

While we implement reasonable security measures, we do not guarantee that the Service will be secure or free from bugs or viruses, or that any User Content you provide will be secure from unauthorized access or leaks.

17. Governing Law, Arbitration, and Class Action Waiver

(a) Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflict of law principles.

(b) Binding Individual Arbitration:

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall, at our sole discretion, be resolved by final and binding individual arbitration in New York, NY, administered by a recognized arbitration body (such as JAMS or AAA) under its Commercial Arbitration Rules. The language of the arbitration shall be English.

(c) CLASS ACTION WAIVER:

YOU AND AILUVCHAT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Both parties waive any right to a jury trial.

18. General Provisions

(a) Entire Agreement:

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AILuvChat.

(b) Severability:

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

(c) Assignment:

You may not assign your rights under these Terms, but we may assign our rights and obligations to another entity (for example, if we are acquired).