Latest Update: 04/26/2024
These terms of service (hereinafter referred to as "Terms") govern your use of DreamMates and its software, content, and services (collectively referred to as "Services") provided through the following: our website dreamMates.ai and its subdomains (hereinafter referred to as "Website"), our mobile application DreamMates (available for iOS and Android, hereinafter referred to as "App").
Before you begin using the Services, please carefully read these Terms.
The term "Device" refers to the devices used to access the Services, including but not limited to computers, smartphones, and tablets.
The term "You" refers to the user of the Services.
When you register for any service or otherwise use or access them, it indicates that you agree to be bound by these Terms and all applicable laws, regulations, and rules. By using the Services, you accept these Terms and agree to comply with them. If you do not agree with these Terms, please do not use these Services.
DreamMates offers a self-service program that allows you to communicate with your personal chatbot through text and voice interfaces.
We reserve the right to modify or temporarily or permanently stop the services (or any part of them) at any time, whether or not notice is provided in advance. You agree that DreamMates shall not be liable to you or any third party for any modification, suspension, or termination of services.
We may suspend or terminate your use of the services due to your fraudulent behavior or any breach of obligations under these terms. Such termination or suspension might be immediate and without notice.
You acknowledge that we might establish general practices and limits concerning the use of the services, including but not limited to the maximum period data or other content will be retained in the services and the maximum storage space allocated on our servers for your use. You agree that DreamMates is not liable for the deletion or failure to store any data or other content maintained or uploaded by the services. You acknowledge we reserve the right to terminate accounts that have been inactive for an extended period. You further acknowledge that we reserve the right to change these general practices and limits at our sole discretion, with or without notice.
Virtual items are non-refundable and subject to certain conditions.
From time to time, you may have the opportunity to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features including but not limited to credits redeemable on virtual items, such as Coins , Intimacy Level-up or gifts ("Virtual Item(s)") from DreamMates. You may only purchase Virtual Items from us or our authorized partners through our Services.
Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items.
Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, on the earlier of when DreamMates ceases providing our Services, or your account is otherwise closed or terminated.
DreamMates, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. DreamMates may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. DreamMates shall have no liability to you or any third party in the event that DreamMates exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT DREAMMATES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Generally, all purchases are nonrefundable. Special terms for refunds apply in the EU, EEA, UK, Switzerland, Korea, and Israel. Special terms for refunds also apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin.
Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
In accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
You may terminate your subscription after it has renewed with a notice period of one month. Your right to terminate for cause remains unaffected.
in accordance with local law, you are entitled to a full refund of your subscription and/or unused Virtual Items during the 7 days following the purchase. Please note that this 7-day period commences upon the purchase.
Your Right to Cancel - You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described below.
If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not DreamMates. To request a refund, please contact your External Service directly; for example using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select "Report a Problem." You can also request a refund at Apple Support.
You are solely responsible for all codes, videos, images, information, data, text, software, music, sound, photos, graphics, messages, or other materials (hereafter referred to as “content”) that you upload, post, publish, or display (hereafter referred to as “upload”), as well as content sent via email or used otherwise through the service. Below are examples of content and/or usage that DreamMates considers illegal or prohibited. We reserve the right, at our sole discretion, to take appropriate legal action against anyone who violates these provisions, including but not limited to, removing offending content from the service, suspending or terminating the account of such violators, and reporting to law enforcement. You agree not to use the service to:
(i) Infringes upon the intellectual property or other proprietary rights of any party;
(ii) You do not have the right to upload under any law, contract, or fiduciary relationship;
(iii) Contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
(iv) Poses or creates a privacy or security risk to any individual;
(v) Contains unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail" "spam" "chain letters" "pyramid schemes" "contests" "sweepstakes" or any form of solicitation;
(vi) Is unlawful, harmful, threatening, abusive, harassing, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically, or otherwise objectionable;
(vii) Is, in DreamMates' sole judgment, objectionable or restricts or inhibits any other person from using or enjoying the service, or may expose DreamMates or its users to any harm or liability of any type;
c. Violate any applicable local, state, national, or international law or any regulation having the force of law;
d. Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity;
e. Solicit personal information from anyone under the age of 18;
f. Harvest or collect email addresses or other contact information of other users from the service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g. Advertise or offer to sell or buy any goods or services for any business purpose that is not expressly authorized;
h. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
i. Obtain or attempt to access or otherwise procure any content or information through any means not intentionally made available or provided for through the service.
The service is for personal use only. Unless explicitly authorized in this document or by the service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the service, use of the service, or access to the service.
The services are not intended for anyone under the age of 18. We do not intentionally collect personally identifiable information from minors under 18. If we discover that a minor under 18 has provided us with personal information, we will immediately delete that information from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so we can take necessary action.
If you access the application in areas without Wi-Fi, remember that your agreement with your mobile network provider still applies. As a result, you may be charged by your mobile provider for data costs during connection or other third-party charges may arise when accessing the application. You assume responsibility for any such charges that arise while using the application, including roaming data charges if you use the application outside of your home territory (i.e., region or country) without turning off data roaming. If you are not the bill payer for the device being used to access the application, we will assume you have received permission to use the application.
Some of our services are accessible via mobile devices, including (i) the capability to upload content to the service via mobile devices, (ii) the ability to browse the service and the website via mobile devices, and (iii) the ability to access certain features through an application downloaded and installed on mobile devices (collectively referred to as the "Mobile Services"). Within the scope of your access to services via a mobile device.
You acknowledge and agree that the Service may contain content or features protected by copyright, patents, trademarks, trade secrets, or other proprietary rights and laws (hereinafter referred to as "Service Content"). Unless expressly authorized by DreamMates, you agree not to modify, copy, frame, scrape, rent, lease, sell, distribute, or create derivative works based on the Service or the Service Content in whole or in part, except that the aforementioned does not apply to your own user content legally uploaded to the Service (as defined below). When using the Service, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If DreamMates blocks your access to the Service (including by blocking your IP address), you agree not to take any measures to bypass such blocking (e.g., masking your IP address or using a proxy IP address). Any unauthorized use of the Service or Service Content is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith belong to DreamMates, our affiliates, and our partners (hereinafter referred to as "Software"). You agree not to copy, modify, create derivative works of the Software, reverse engineer, disassemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights in the Software. All rights not expressly granted herein are reserved by DreamMates.
"Under no circumstances shall DreamMates be responsible for any content or materials from third parties (including users), including, but not limited to, any errors or omissions in any content, or for any loss or damage incurred as a result of the use of any such content. You acknowledge that DreamMates does not pre-screen content, but DreamMates and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any content made available through the service. Without limiting the foregoing, DreamMates and its designees shall have the right to remove any content that violates this service agreement or is deemed objectionable in the sole judgment of DreamMates. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content."
Regarding content or other materials that you upload or share with other users or recipients through the service (collectively referred to as "user content"), you represent and warrant that you have all ownership, title, and interest in such user content, including but not limited to all copyrights and publicity rights therein. By uploading any user content, you hereby grant and will grant DreamMates and its affiliated companies a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, irrevocable license to use your user content in connection with the operation of the service or the promotion, advertising, or marketing thereof, in any form, medium, or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information you provide to DreamMates about the service (hereinafter referred to as "submissions") are non-confidential, and DreamMates shall be entitled to unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that DreamMates may retain content and may also disclose content if required by law or if DreamMates reasonably believes that retention or disclosure is necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these terms of service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of DreamMates, our users, and the public. You understand that the technical processing and transmission of the service, including your content, may involve: (a) transmissions over various networks; and (b) changes to and adaptations based on technical requirements of connecting networks or devices.
DreamMates respects the intellectual property rights of others and expects users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you should notify DreamMates as outlined below.
We will respond to and investigate allegations of infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws to address any alleged or actual infringements. Notices of alleged copyright infringement should be sent by email to DreamMates' copyright agent at support@dreammates.ai (Subject: DMCA Takedown Request). To be effective, the notice must be in writing and contain the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material you claim is infringing is located on the service, with enough detail so we can find it on the service;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you believe that the user content that was removed (or to which access was disabled) was not infringing, or that you have authorization from the copyright owner, its agent, or pursuant to the law, to upload and use the content in your user content, you may send a written counter-notice to the copyright agent containing the following information:
a. Your physical or electronic signature;
b. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
c. A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content;
d. Your name, address, telephone number, and email address, stating that you consent to the jurisdiction of the federal court located in the Northern District of California, and that you will accept service of process from the person who provided notification of the alleged infringement.
If the copyright agent receives a counter-notice, DreamMates will send a copy of the counter-notice to the original complaining party, notifying that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, DreamMates may, at its discretion, replace the removed content or restore access to it in 10 to 14 business days or more after receiving the counter-notice.
Repeat Infringement Policy: In accordance with the DMCA and other applicable laws, DreamMates has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, users who are deemed to be repeat infringers. DreamMates may also, at its discretion, limit access to the service, regardless of whether there is repeat infringement.
The service may provide links or other access methods to other internet sites and resources. We do not control these sites and resources and are not responsible for, nor do we endorse them. You further acknowledge and agree that DreamMates is not liable for any damages or losses caused or claimed to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any of these sites or resources, whether direct or indirect. Any transactions you conduct with a third-party while using the service are between you and the third-party, and you agree that DreamMates is not liable for any losses or claims you may have against any such third-party.
You can enable, connect, or log into the service through various online third-party services, such as Facebook, Instagram, or Twitter among other social media and networking services. By logging into or directly integrating these social networking services into our service, we make your online experiences richer and more personalized. To take advantage of this feature, we might ask you to authenticate, register for, or log into the social networking services on their respective websites. As part of this integration, the social networking services will provide us with some information that you have provided to them, and we will use, store, and disclose such information in accordance with our privacy policy. However, please remember that the way social networking services use, store, and disclose your information is governed solely by the policies of such third parties, and DreamMates has no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the service.
Furthermore, DreamMates is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with social networking services. As such, DreamMates is not liable for any damages or losses caused by or claimed to arise from the use or reliance on these services. DreamMates merely offers these features as a convenience, and the inclusion or integration does not imply an endorsement or recommendation.
Your use of the service is at your own risk. The service is provided on an "as is" and "as available" basis. The company expressly disclaims any warranties of any kind, whether express, implied, or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
DreamMates does not warrant that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
You expressly understand and agree that DreamMates shall not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for lost profits, including but not limited to damages for loss of goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from:
a. The use or the inability to use the service;
b. The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service;
c. Unauthorized access to or alteration of your transmissions or data;
d. Any statement or conduct of any third party on the service;
e. Any other matter relating to the service. In any event, DreamMates' total liability to you for all damages, losses, or causes of action shall not exceed the amount you have paid to the company in the last six (6) months, or, if greater, one hundred dollars ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you or may be unenforceable.
You agree that you are solely responsible for your interactions with any other user in connection with the service and DreamMates will have no liability or responsibility with respect thereto. DreamMates reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the service.
We may periodically update our terms of service. Therefore, we recommend that you regularly check this page for any changes. We will notify you of any changes by posting the new terms and conditions on this page.
At DreamMates, we respect the privacy of our users. For more details, please refer to our privacy policy. By using the service, you consent to our collection and use of personal data as outlined therein.
If you have any questions or suggestions regarding our terms of service, please feel free to contact us at support@dreammates.ai.