LIMITATION OF LIABILITY & WARRANTIES

THE PLATFORM IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Ai-Ko.chat and Virtual Graphics do not guarantee that the service will be uninterrupted, secure, or error-free. We do not warrant the accuracy, completeness, or reliability of any content or AI-generated responses.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Ai-Ko.chat AND VIRTUAL GRAPHICS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OR INABILITY TO USE THE PLATFORM.

Our total liability for any claims arising from these Terms or your use of the platform shall not exceed the amount you paid us in the 12 months preceding the claim, or CHF 100, whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

INTELLECTUAL PROPERTY & USER CONTENT

User-Created Companions: When you create a custom companion using our tools, you retain ownership of the original creative elements you contribute (descriptions, personality traits, custom prompts). However, by creating content on our platform, you grant Ai-Ko.chat and Virtual Graphics a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display that content solely for the purposes of operating, improving, and promoting the service.

Chat Logs: You retain ownership of the content of your private chats. We will not use your private chat content for marketing or share it with third parties, except as required by law or as outlined in our Privacy Policy.

Platform-Created Companions: All companions created by Ai-Ko.chat staff are the exclusive intellectual property of Virtual Graphics. Your subscription grants you a non-transferable, non-exclusive license to interact with these companions for personal use only.

Restrictions: You may not reproduce, distribute, sell, or commercially exploit any companions or platform content without written permission from Virtual Graphics.

Feedback: Any feedback, suggestions, or ideas you provide about the platform become the property of Virtual Graphics and may be used without compensation or attribution.

AI-SPECIFIC DISCLAIMERS

Not a Real Person: All AI companions are fictional characters powered by artificial intelligence. They do not have consciousness, emotions, or genuine understanding. Any appearance of personality or emotion is simulated.

Not Professional Advice: AI-generated responses are for entertainment purposes only and should not be considered professional advice of any kind, including but not limited to medical, legal, financial, mental health, or relationship advice. Always consult qualified professionals for such matters.

Accuracy Not Guaranteed: AI companions may produce inaccurate, outdated, biased, or nonsensical responses. Do not rely on AI-generated information for important decisions.

Potential Harm: While we strive to create safe experiences, AI responses may occasionally be inappropriate, offensive, or harmful despite our safeguards. If you experience distressing content, discontinue use and contact support.

No Therapeutic Relationship: Interactions with AI companions do not constitute therapy, counseling, or a therapeutic relationship. If you are experiencing mental health difficulties, please contact a licensed mental health professional or crisis helpline.

Emotional Dependency: Be mindful of developing unhealthy emotional attachments to AI companions. They are not substitutes for real human relationships.

SERVICE AVAILABILITY & MODIFICATIONS

No Uptime Guarantee: We strive for reliable service but do not guarantee uninterrupted access. The platform may be unavailable due to maintenance, technical issues, or circumstances beyond our control.

Service Modifications: We reserve the right to modify, suspend, or discontinue any aspect of the platform at any time, with or without notice. We are not liable for any modifications or discontinuation of services.

Service Termination: If we permanently discontinue the service:

• Active monthly subscribers will not be charged for subsequent months
• Annual subscribers will receive a pro-rated refund for unused months
• We will provide at least 30 days notice where reasonably possible

Account Suspension: We may suspend or terminate your account immediately if you violate these Terms, without refund, even if you have a valid subscription.

Data Export: If we announce service closure, we will provide reasonable opportunity (minimum 30 days) for you to export your chat history and companion data where technically feasible.

PAYMENT TERMS

Billing Cycle: Monthly subscriptions are billed on the date you subscribe each month. Annual subscriptions are billed on the anniversary of your subscription date.

Payment Processing: All payments are processed securely through Stripe. By subscribing, you authorize us to charge your payment method on file.

Failed Payments: If a payment fails:

• We will attempt to process payment up to 3 times over 7 days.
• Your access may be suspended during this period.
• If payment remains unsuccessful after 7 days, your subscription will be canceled.
• You will not have access to subscription features but your companion and data will be retained for 30 days.

Cancellation of your annual subscription in 90 days or less entitles you to a refund of 50% of the amount paid. Refunded to your card you signed up with. After 90 days, you will not receive any refunds.

Price Changes: We may change subscription prices with 30 days advance notice via email. Price changes apply to new subscriptions immediately and to existing subscriptions upon renewal.

Disputed Charges: If you dispute a charge with your bank or credit card company, we reserve the right to suspend your account pending resolution. False chargebacks may result in permanent account termination.

Taxes: Prices do not include applicable taxes. You are responsible for any sales tax, VAT, or other taxes based on your location.

Currency Conversion: Prices are listed in USD. Your bank or credit card company will convert to your local currency and may charge conversion fees.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ai-Ko.chat, Virtual Graphics, and their officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use or misuse of the platform
• Your violation of these Terms of Use
• Your violation of any third-party rights, including intellectual property or privacy rights
• Content you create or share on the platform
• Your violation of any applicable laws or regulations

This indemnification obligation survives termination of your account and these Terms.

COPYRIGHT & DMCA

Reporting Copyright Infringement: If you believe content on our platform infringes your copyright, please send a written notice to our designated agent at: info@ai-ko.chat

DMCA Notice Requirements: Your notice must include:

• Your physical or electronic signature
• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material and its location on our platform
• Your contact information (address, telephone, email)
• A statement that you have a good faith belief the use is unauthorized
• A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner

Counter-Notice: If your content is removed due to a copyright claim and you believe it was removed in error, you may submit a counter-notice with the same requirements listed above.

Repeat Infringer Policy: We will terminate accounts of users who repeatedly infringe copyrights.

AGE VERIFICATION & RESTRICTIONS

Age Requirements: You must be at least 13 years old to use the platform. Access to membership content and certain companions is restricted to users 18 years and older.

Verification: By creating an account, you represent and warrant that you meet the age requirements. We may request proof of age at any time.

Parental Consent: Users between 13-17 must have parental or guardian consent to use the platform. Parents/guardians are responsible for monitoring minors use.

Violation Consequences: Accounts found to belong to users under 13 will be immediately terminated without refund. Access to 18+ content by minors will result in account termination.

Reporting: If you become aware of any minor accessing age-restricted content, please report it immediately to info@ai-ko.chat.

DATA RETENTION

Active Accounts: While your account is active, we retain all your companions, chat history, and account information.

After Account Deletion: When you delete your account:

• Your personal information will be deleted immediately.
• Chat logs will be permanently deleted immediately.

After Companion Deletion: Deleted companions and their chat histories are permanently removed immediately.

Legal Retention: We may retain information longer if required by law, to resolve disputes, enforce agreements, or prevent fraud.

CONTACT INFORMATION

For questions, concerns, or legal notices regarding these Terms:

Virtual Graphics
9122 Mogelsberg
Switzerland
Email: david@virtual-graphics.ch
Support: info@ai-ko.chat
For DMCA notices: david@virtual-graphics.ch

GENERAL LEGAL PROVISIONS

Entire Agreement: These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and Ai-Ko.chat regarding use of the platform and supersede any prior agreements.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your account without our written consent. We may assign our rights and obligations without restriction.

Governing Law: These Terms are governed by the laws of Switzerland, without regard to conflict of law provisions.

Jurisdiction & Venue: Any disputes arising from these Terms or use of the platform shall be resolved exclusively in the courts of Saint Gallen, Switzerland. You consent to the personal jurisdiction of these courts.

Waiver of Class Actions: You agree to resolve disputes individually and waive the right to participate in class actions, class arbitrations, or representative proceedings.

Language: These Terms may be translated into other languages. In case of conflict, the English version prevails.

Survival: Provisions that by their nature should survive termination (including ownership, warranty disclaimers, indemnity, and limitations of liability) will survive termination of your account or these Terms.