Terms of Use

Published: 3 December 2024

Ervin Dervishi, located at Cherkasy, Street Sergeant Volkov bldg. 130, 18035

1. General Clause

1.1 By publishing this Terms of Use (or “Terms”) of the Flirtify - AI RolePlay Chat, we would like to introduce you to the basic information relating to services that you might be curious about while using Ai art generator, art maker app, ("Application" or“ App”). You will be able to understand the rights, obligations, responsibilities and other necessary matters between Ervin Dervishi, located at Cherkasy, Street Sergeant Volkov bldg. 130, 18035 (“we”, “us” or “our”) and User (“you”, “the User”).

1.2 We will make our exceptional efforts to grant steady service in a non-stop manner and we absolutely hope to get as much close to You with these Terms of Use we are introducing to you as possible.

1.3 Our Flirtify - AI RolePlay Chat works by providing you with the acces to the chat with AI-Bot with the role-playing function, allows you to have the conversation and build the kind of relationship you want. Your virtual girlfriend will remember your preferences and evolve with you, making every chat feel fresh and interesting.

2. Updates to the Terms

2.1 The Terms will be posted at the App for your convenience and easy access to the App and its functionality. Please, note, that if you read the Terms placed in the App, it means that you read the latest version of them..

2.2 We may additionally amend, change or modify these Terms at any time. In the case when we amend, change or modify the Terms, we will try to put up a public notice in App with a clear announcement of the amendment. But we strongly recommend you to review these Terms from time to time, or at least check the date of their last update, in order to keep track of changes as quickly as possible and check whether they suit you or not.

2.3 If the User cannot agree with Terms in their updated version, they have an option to stop using the App and delete it from the device. If the User fails to provide an active disagreement with the amended version of Terms, we shall think about this as about the settlement with the amended version of Terms. If any section of these Terms shall be concluded to be inapplicable, excluded from the Terms or shall be modified, the rest part of the Terms in the wording of the latest version of the Terms shall stay effective.

3. Access and use of the App

3.1 Age Limitations. The Application is not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 18, you are not permitted to use the App.

3.2 Access to the device's functions. In order to fully use the Application and all its functions, you must grant to the App a permission to use some your device functions such as:

android.permission.ACCESS_NETWORK_STATE

android.permission.CHANGE_NETWORK_STATE

android.permission.INTERNET

com.android.vending.BILLING

android.permission.POST_NOTIFICATIONS

com.google.android.gms.permission.AD_ID

android.permission.USE_FULL_SCREEN_INTENT

Please note! If you do not provide access to these features of your device, we do not guarantee that you will be able to fully use our Application and will obtain the access to its full scope of functions.

3.3 To use this Application, you must choose the Subscription Plan in our website, and, upon completion of payment for the Subscription Plan, pursuan the terms of section 9 of this TOS, download it through the Google Play® service. To learn more, visit the page and read the Google Play Terms of Service.

4. Jurisdictional Issues

4.1 The Application is controlled or operated (or both) by the law of Ukraine. The Application may not be appropriate or available for use in some jurisdictions where it is prohibited by the applicable laws and regulations. Any use of the Application is at your own risk and you must comply with all applicable laws, rules and regulations by doing so. We may limit the Application’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the courts of the Ervin Dervishi.

5. User Obligations

5.1 When using the Application, you agree to comply with the provisions described in these Terms and with the applicable laws and regulations. As such, you agree not to:

5.1.1 modify, download, intercept or create any derivative works of the App, including any translations or localizations thereof;

5.1.2 access or use the App through means not authorized by us or prohibited by law;

5.1.3 copy, store, edit, change, exploit, download, prepare any derivative work of or alter in any way any of the content made available through the App;

5.1.4 license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time sharing or simultaneous use of or otherwise exploit the App to or for the benefit of any third party;

5.1.5 reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the App;

5.1.6 remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the App;

5.1.7 publish or provide any results of any App, in whole or in part, aggregated or otherwise, to a third party without our prior written consent;

5.1.8 use any systems or means, automated or otherwise to access, acquire, copy, scrape, harvest or monitor any part of the App;

5.1.9 circumvent any technological measures employed by or on behalf of us to protect the App;

5.1.10 use any other technologies or initiate any other activities that may harm the App or the interests or our property or other users of the App; or

5.1.11 aid or encourage any third party to engage in any activity that would constitute a breach of this Agreement.

5.2 We reserve the right, at any time and without notice, to remove or temporarily or permanently suspend access to the App to the User actions are clearly illegal, do not comply with these Terms or do not match with our sole understanding of good practice of usage of the App.

6. Intellectual Property

6.1 The Application, any and all parts of it, is our exclusive property, including its structure, design, interfaces, databases, text, digital content, trademarks and HTML tags (meta-tags). The Application is protected by the provisions of the Intellectual Property legislation and by any national or international text in force applicable to intellectual property law.

6.2 You may use the Application under a non-exclusive, limited, non-transferable, revocable license, valid worldwide and until the deletion of the App. You can not use the App for business purposes.

6.3 Accordingly, you may not reproduce, distribute, reverse engineer, disassemble, decompile or otherwise use the Application or any portion thereof in any form whatsoever, except as authorized in writing by us. Any violation of this obligation constitutes an infringement, punishable by Intellectual Property law.

7. Data Protection and Privacy

7.1 For more details regarding how we use, operate and store your personal data and your rights, connected with your data protection, we recommend you to read our Privacy Policy (Privacy Notice).

8. Linked Websites and advertising

8.1 Third-Party Websites. If we provide links or pointers to other websites or destinations, you should not infer or assume that we operate, control or are otherwise connected with these other websites or destinations. When you click on a link out of the App, you left our App and become a subject to the terms and conditions (including privacy policies) of another website or destination. These Terms do not control and regulate your use of another website or destination and can not guarantee your safety and safety of your data and personal information. So, you should clearly understand that when you make a decision to go out of the App, you do it at your own risk and we do not have any idea of the rules you are covered in this case.

8.2 We are not responsible for the content or practices of any website or destination other than our App. By using the App you acknowledge and agree that we are not responsible or liable to you for any content or other materials hosted and served from any website or destination other than our App.

8.3 Third-Party Advertisements and Services. We take no responsibility for and do not endorse any third-party advertisements or any third-party material Posted on any access point where the App is available, nor do we take any responsibility for the products or services provided by advertisers, unless specifically provided for in subsection 8.7. of section 8 therein. Any dealings you have with advertisers while using the App, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that we are not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, we are not responsible for such information or transaction and we encourage you to read the terms of use, terms of services and privacy policies of the advertisers or other parties collecting such information or engaged in such transaction.

8.4 We may allow the Advertisers to display their advertisements and other information (Adv. content) in certain areas of the Application, such as sidebar advertisements, banner advertisements or widget advertisements - Internal advertisement, and appearing pages of the Adv. content in the browser used - External advertisement. Please, be sure that you understand it correctly, that we simply provide the virtual space for the Advertisers to place such advertisements in our Application, and we have no other relationship with Advertisers. We expressly disclaim any warranties or other representations regarding the Advertiser`s Adv. content. For example, we may use AppLovin marketing and advertising network. AppLovin provides software solutions for mobile app publishers to automate and optimize the marketing and monetization of their apps. For more details, please visit and read AppLovin Terms of Use and Privacy Policy.

8.5 Please note if the Adv. content contains links to other websites and resources (also provided by Advertisers or the third parties), these links are provided without our control. We do not control or review the content of these sites or resources and are not responsible for them or for any loss or damage that may result from your use of them. If you use such links, you do so entirely at your own risk and subject to the terms of use, terms of services, privacy policies of such Advertisers or other third parties.

The functioning of the Application is designed so that we engage various Ad Partners' whose advertising you may receive when using the Application. As for us, we inform you that all advertisements sent in connection with the use of the Application must contain an appropriate link to opt out of receiving them. At the same time, we declare that we are not the direct senders of such ads and cannot guarantee the possibility of opting out of them. Therefore, the responsibility for the compliance of advertising with legal requirements lies solely on the Ad Partners' as a third party. Advertising Partners agree not to rely on our approval of an advertising partner's advertising for compliance with the applicable law and not to make any claim that such advertising partner complies with the applicable based on our approval

8.6 Internal advertisements may be generated and published by advertising networks, e.g. AdMob. External advertisement may be published and demonstrated in the Application as a separate widget, which may appear as a new screen during the usage of the Application, or on time-to-time basis. Such a widget may contain links, special offers or any other information. External advertisements may be generated and published by advertising networks, as Appodeal. Also, we may use third party services, like Firebase platform to run and develop our App. Get more at https://firebase.google.com.

8.7. In exceptional cases we may provide the space in our App for advertising published by third-parties directly in our App. For example, Applovin, Admob, Liftoff

9. Payment Process

9.1 All financial transactions made in connection with the App will be processed by a MORNHOUSE LTD, company incorporated and validly existing under the laws of Cyprus under registration number HE 421314, having its registered office at Charalampou Mouskou, 20 ABC CENTER, 1st Floor, Flat/Office 108, Paphos 8010, Cyprus, who is acting as our payment agents. In order to purchase a relevant Subscription you shall pay the relevant amount of the Subscription via Stripe. We encourage you to learn about the practices of such third parties. In no event will we be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

10. Refund Policy

10.1 In the event that we suspend or terminate your use of the App according to these Terms or you decided to close your account voluntarily, you understand and agree that you may receive a refund solely and exclusively within 30 (thirty) calendar days upon the purchasing any type of the Subscription Plan.

In order to request a refund, please, send us a relevant request on the email: [email protected]

11. Subscriptions

11.1 Recurring subscriptions established through the in-app-purchase platforms should be obtained via our special section by direct payment via Stripe..

11.2 After the Subscription purchasing, the User becomes the Subscriber and will be granted with the access to the App for the term of Subscription with special features.

Daily rewards,

internal currency every day,

Limited number of paid ai character photos

.

11.3 The list of above-mentioned options may be updated from time to time by us.

12. Disclaimers and Limitations of Liability.

12.1 THIS APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS APPLICATION, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED IN IT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS APPLICATION, THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR SOLE RISK. WE CANNOT AND DO NOT REPRESENT OR GUARANTEE THAT ANY OF THE INFORMATION AVAILABLE THROUGH OUR SERVICES OR ON THE APPLICATION IS ACCURATE, RELIABLE, CURRENT, COMPLETE OR APPROPRIATE FOR YOUR NEEDS.

12.2 WE MAKE NO WARRANTY AND ASSUME NO OBLIGATION OR LIABILITY FOR SCRIPTS, INDICATORS, IDEAS AND OTHER CONTENT OF THIRD PARTIES. YOUR USE OF ANY THIRD-PARTY SCRIPTS, INDICATORS, IDEAS AND OTHER CONTENT IS AT YOUR SOLE RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW EXCEPT AS EXPRESSLY SET FORTH HEREIN. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE THIRD PARTY’S LINKS WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE THIRD PARTY’S CONTENT OR LINKS WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ACT OR OMISSION OF A THIRD PARTY OR THEIR PRODUCTS OR SERVICES. WE DO NOT GUARANTEE OR INFORM THAT THE THIRD PARTY WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.

12.3 IN NO EVENT WE WILL BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE APPLICATION, ITS FUNCTIONS, LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE OF OUR CONTROL.

12.4 IN NO EVENT WE WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. OUR CUMULATIVE LIABILITY, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR SUBSCRIPTION DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.

13. Final terms

13.1 These Terms make up the entire agreement between you and us and supersede any prior agreements.

13.2 These Terms do not create or confer any third-party beneficiary rights.

13.3 If we do not enforce any provision in these Terms, it will not be considered a waiver of it.

13.4 We reserve all rights not expressly granted to you.

13.5 You may not transfer any of your rights or obligations under these Terms without our prior written consent.

14. Information, Support or Questions

14.1 You can always contact us at [email protected] if you have questions or want to submit feedback about our App. We always love to hear honest reviews from our users. If you do happen to volunteer feedback or suggestions just know that we can use your ideas without compensating you.