General Terms and Conditions

Last edited on 20.11.2024

Preamble

The following terms and conditions govern the contractual relationship between VirtualGF and the customers of its telemedia services (hereinafter referred to as "users"). They define the conditions under which the services of "VirtualGF" are used.

1. acceptance of the contract

By creating a VirtualGF account or by using the VirtualGF app, whether with a mobile device, a mobile application or a computer (collectively, the "Service"), a user agreement is concluded between VirtualGF and the user subject to the following terms and conditions.

2. scope of services

  • VirtualGF offers both free and paid services. By registering free of charge, the user can get an overview of the services offered by VirtualGF.
  • "Coins" are required to use the paid services (e.g. create a virtual girlfriend, chats or unlocking pictures). “Coins” can only be purchased via VirtualGF (see also No. 6 of the GTC).
  • Virtual girlfriends are created and configured by VirtualGF using an AI system.
  • One or more virtual girlfriends can also be configured by the user according to his preferences. The virtual girlfriends are then generated by the VirtualGF AI. After that, the virtual girlfriend is available to all users of VirtualGF. All rights regarding the virtual girlfriends configured by the user are reserved by VirtualGF.
  • The user can chat with one or multiple virtual girlfriends and build a virtual relationship with them. The messages and content (e.g. pictures) of the virtual girlfriends are generated by an AI system.
  • In exchange for coins, the user can create additional pictures of the virtual girlfriends. The user can unlock pictures that other users have previously unlocked with the virtual girlfriend in question for a reduced price. These pictures are displayed blurred in the respective virtual girlfriend’s profile.
  • VirtualGF reserves the right to modify, extend or restrict the range of paid services and the costs of individual services at any time.
  • The user shall be informed of the costs, content and scope of the services as well as the price and terms of payment prior to the provision of the chargeable services.
  • Chats are possible using the external chat feature. It is also possible to chat via external chat apps or SMS. To activate this feature, the user must give his consent to the use of the chat app or the SMS chat and to the transfer of previous chat data. The platform assumes no liability or guarantee for the accessibility or functionality of the external chat apps. This is the sole responsibility of the provider of the respective external chat apps.

3. access authorization

  • By creating an account and using the Service, the User represents and warrants that:
    • he can conclude a legally binding contract with VirtualGF
    • it will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations
    • he is at least 18 years old or the minimum legal age in the user's country for using the services of VirtualGF
  • In the event of reasonable suspicion of a breach of the aforementioned obligations, VirtualGF shall be entitled to exclude persons from using the services. In order to verify a suspected case, VirtualGF is entitled to carry out an identity check by requesting official documents.

4. termination of the free membership

  • A user is entitled to delete his profile at any time without giving reasons.
  • In addition, VirtualGF reserves the right to refuse the registration of any user at any time without giving reasons.
  • If the user violates these General Terms and Conditions, the membership can be terminated by VirtualGF at any time without notice
  • Upon termination of membership, all obligations of the operator to store the user's data end, unless statutory retention periods require storage.
  • Chat messages sent or received by the user, virtual girlfriends created by the user, unlocked images or other media can no longer be accessed after the membership has ended.

5. purchases

VirtualGF offers the user various fee-based services in addition to the free services.

With each individual use of these services, the user enters into a new contractual relationship with VirtualGF.

These services are completely separate from the free use of VirtualGF. The individual contracts do not constitute subscriptions. The contract is concluded when the user selects the chargeable service and accepts the payment obligation by clicking the "Buy" button (hereinafter: ordering process). The fee-based services are also subject to these General Terms and Conditions.

  • VirtualGF Online Purchases

    If the User chooses to make a purchase through VirtualGF, the User agrees to pay VirtualGF all fees at the displayed price for the services the User has selected and any charges or taxes that may apply to the User's payments. Furthermore, VirtualGF is authorized to charge the selected payment provider (the User's "Payment Method"). VirtualGF may correct any billing errors or mistakes, even if payment has already been requested or received. If the User makes a chargeback or otherwise reverses a payment through their Payment Method, VirtualGF may, in its sole discretion, immediately delete your User Account.

  • „Coins“

    By concluding a fee-based contractual relationship, the user receives an amount selected during the ordering process in the form of a credit account. The credit balance is managed in so-called "coins". If the credit account has no more "coins", it is not possible to use chargeable services (e.g. sending messages to the virtual girlfriend). The user can add "coins" to their credit account again during the ordering process, which concludes a new purchase contract.

  • Virtual items

    The "coins" are virtual items that the user acquires. The user is only permitted to obtain virtual items via VirtualGF and in no other way. Virtual Items constitute a limited license right subject to this Agreement. Unless otherwise prohibited by applicable law, Virtual Items purchased by User are licensed to User and User acknowledges that no title or ownership interest in the Virtual Items is transferred or assigned to User. This Agreement shall not be construed as a sale of any rights in Virtual Items. No balance in User's account with respect to the Virtual Items represents a real world balance or reflects any stored value, but represents a measure of the scope of User's license. Virtual Items are not subject to any fees for non-use, but the license granted to the User in Virtual Items will terminate, subject to the terms of this Agreement, if VirtualGF ceases to provide the Service or the User's account is otherwise closed or terminated. VirtualGF reserves the right, in its sole discretion, to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items for a fee or free of charge. VirtualGF may manage, regulate, control, modify or remove Virtual Items at any time. In the event that VirtualGF exercises any of these rights, VirtualGF shall not be liable to the User or to any third party. The transfer of Virtual Items is prohibited and the User may not sell, repossess or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. All purchases and redemptions of Virtual Items made through the Service are final and non-refundable. The provision of Virtual Items for use within the Service is a service provided by VirtualGF that begins immediately upon acceptance of the User's purchase of such Virtual Items.

  • Refunds

    The User acknowledges that VirtualGF is under no obligation to provide refunds for any reason and is not entitled to any money or other compensation for unused Virtual Items if an account is closed, whether intentionally or unintentionally. However, VirtualGF will consider each request on a case-by-case basis and has the right to make refunds only as a courtesy and without acknowledging any legal obligation. In general, all charges for purchases are non-refundable and there are no refunds or credits for partially used periods. The purchase of Virtual Items is final and non-refundable.

6. terms of payment

  • The fee for chargeable services must be paid in advance to VirtualGF and will be collected in full using the payment method selected during the ordering process, such as credit card, direct debit, Sofort, Paysafe Card or Paypal. After a successful order process, the coins will be credited to the customer's account immediately, but at the latest after 2 hours.
  • VirtualGF may have payments for chargeable services processed by an external service provider selected by VirtualGF and commissioned by the user for the respective transaction. The respective general terms and conditions of the external service provider also apply.

7. user obligations

  • The user assures that the data provided during registration is true. Deliberate or fraudulent misrepresentation may result in civil and criminal prosecution and entitle VirtualGF to block the user's profile without affecting VirtualGF's right to remuneration.
  • The user undertakes to treat his/her access data confidentially. In the event that access data is passed on to third parties, the user shall be responsible for all consequences of this action. If there is any suspicion that the access data has been passed on to third parties, the user must inform VirtualGF immediately and take appropriate measures to prevent further misuse (e.g. by changing the password).
  • Failure to comply with the above duties of conduct or a breach of other duties set out in these GTC entitles VirtualGF to immediately block the user's account and to terminate the contract without notice for good cause.

8. advertising and newsletter

By registering with VirtualGF, the user expressly agrees to receive messages with information about VirtualGF by email to the email address provided by him. The user can stop receiving these messages at any time.

9. third party services

The Service may contain advertisements and promotions offered by third parties and links to other websites or Internet resources. VirtualGF is not responsible for the availability (or lack of availability) of such external websites or Internet resources. If the User chooses to interact with third parties through VirtualGF's services, their relationship with the User is subject to the terms and conditions of those third parties. VirtualGF is not responsible or liable for the terms or actions of such third parties.

10. amendment of the general terms and conditions

VirtualGF reserves the right to amend these GTC at any time, provided that this does not affect essential provisions of the contractual relationship and is necessary to adapt to developments that were not foreseeable for VirtualGF at the time the contract was concluded and whose non-observance would significantly disturb the balance of the contractual relationship. Essential provisions are in particular those concerning the type and scope of the agreed services and the term, including the provisions on termination. VirtualGF is entitled to make changes in order to close contractual loopholes that arise in particular due to legal changes and changes in jurisdiction.

11. liability of VirtualGF

  • VirtualGF assumes no responsibility or guarantee for the accuracy and security of the data and content transmitted to users by the AI used. The AI is programmed to be friendly and positive towards the user. However, it cannot be ruled out that the AI may react negatively to chat messages or other communication, either in reality or according to the user's perception. Any inappropriate behavior on the part of the AI shall not give rise to any claims whatsoever against VirtualGF.
  • VirtualGF provides an IT service with the access to the service provider website and does not owe any success. Since VirtualGF has no influence over the transmission of data via the Internet outside its own IT infrastructure, and given the inherent nature and uncertainty of the Internet, VirtualGF cannot accept any liability for such external data loss and/or errors in data transmission. VirtualGF shall not be liable for failures of the service which are beyond its control (e.g. due to force majeure or technical faults on the Internet)
  • VirtualGF accepts no liability for the misuse of information provided by the user to third parties. Likewise, VirtualGF shall not be liable for the unauthorized acquisition by third parties of the user's personal data (e.g. through unauthorized access to the service provider website), unless VirtualGF has made the unauthorized acquisition of knowledge by third parties possible intentionally or through gross negligence.
  • VirtualGF shall only be liable for intent and gross negligence, except in cases of breach of material contractual obligations, injury to life, limb or health or claims under the Product Liability Act. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
  • In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), the liability of VirtualGF is limited to the amount of damage that is foreseeable and typical for the type of transaction in question.
  • The above limitation of liability also applies to the personal liability of VirtualGF's employees, representatives and organs.

12. granting of rights

  • The user grants VirtualGF a non-exclusive, transferable, spatially unlimited and temporally limited simple right of use to the content uploaded by him on the service provider website for the duration of the contract (e.g. the users profile picture). The user assures that the content uploaded by him and its use do not infringe any third-party rights, in particular copyrights or other industrial property rights.
  • The user grants VirtualGF the right to evaluate the chats conducted with the ai in anonymized form in order to improve the service.
  • By unlocking media (e.g. photos of the virtual girlfriend) the user of VirtualGF is only granted a simple right of use for private use limited to the duration of the membership. Any further use or exploitation of the unlocked media by the user in breach of the contract shall entitle VirtualGF to terminate the user contract immediately for cause. In this case, VirtualGF is also entitled to demand compensation from the user in the amount of at least EUR 5,001.00 per violation, whereby the user is permitted to prove that a lesser damage has occurred. The same applies to the profile pictures of the virtual girlfriends that are configured by the user as well as all pictures that are sent to the user as part of the chat function.
  • All rights regarding the media representing the virtual girlfriends displayed on VirtualGF are reserved by VirtualGF.

13. data protection

VirtualGF collects, processes and uses the user's personal data as described in these terms and conditions and in the privacy policy. The storage of personal data is based on the legal requirements.

14. revocation instruction

  • Right of revocation

    The user has the right to revoke the resulting contracts within fourteen days without giving reasons. The withdrawal period is fourteen days from the day of the individual conclusion of the contract. To exercise the right of withdrawal, the user must inform VirtualGF of his decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient for the customer to send notification of the exercise of the right of withdrawal before the withdrawal period has expired.

  • Consequences of withdrawal

    If the user withdraws from this contract, we shall reimburse to him all payments received from him, including the costs of delivery (with the exception of the supplementary costs resulting from his choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about his decision to withdraw from this contract. For this repayment, we will use the same means of payment that he used for the original transaction, unless expressly agreed otherwise with him; in no case will he be charged any fees for this repayment. If the user has requested that the service should commence during the withdrawal period, he shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time he informs us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

  • Sample cancellation form
    If you want to cancel the contract, please fill out this form and send it back to us

    To
    Mojito B.V.
    Stationsplein 91
    5211BM 's-Hertogenbosch
    Netherlands

    I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)

    Ordered on (*)/received on (*)

    Email(s) of customer(s)
    Name(s) of customer(s)
    Address of customer(s)


    Signature of customer(s) (only for written correspondence)

    Date

    (*) Delete as appropriate.
  • If the User has given their express consent, the right of cancellation expires prematurely if the Service requested by the User has been completely provided by Mojito before the User has exercised their right of cancellation.

15. final provisions

  • The legal relationships existing between VirtualGF and the user are subject to the law of the Netherlands, subject to mandatory provisions. The place of jurisdiction for all claims arising from this agreement is Venlo, insofar as the user is not a consumer. The applicability of mandatory provisions of the country in which the user has his habitual residence or domicile at the time of conclusion of the contract remains unaffected.
  • Amendments or additions to the contract of use must be made in writing. This also applies to the written form requirement itself. Excluded from this are changes to the contract which are made by VirtualGF on the basis of no. 10 of the general terms and conditions (see also no. 10 “amendment of the general terms and conditions”).
  • Should individual provisions of these General Terms and Conditions be invalid or incomplete, the validity of the remaining General Terms and Conditions shall remain unaffected. The invalid or incomplete provision shall be replaced by the statutory provision applicable to the type of contract in question. If such a statutory provision does not exist, the invalid or incomplete provision shall be replaced by a substitute provision that corresponds to the intended regulatory content of the invalid or incomplete provision to be replaced, taking into account the principle of good faith.

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