2828 Montsevelier - Jura - Les Mengartes 37

©2023 FAMELINK SA. All rights reserved.

Terms & Conditions

Welcome to DarLink! 

These Terms of Service (“Terms”) outline the conditions under which FameLink SA offers services and govern your use of DarLink including the content and services (collectively referred to as “Service” “us” “we” or “our”) available through: our website darlink.ai and its subdomains (the “Website”).

Your access to and use of the Service is contingent upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

The above stipulates the terms for using the Service.

The term “device” encompasses any equipment used to access the Service including but not limited to computers, smartphones, and tablets.

The term “you” refers to the user of the Service.

The term “Virtual friend” refers to an artificially intelligent simulation developed by our DarLink support team.

By signing up for any part of the Service or by using or accessing it, you agree to be bound by these Terms and all applicable laws, rules, and regulations. Using the Service signifies your acceptance of these Terms and your agreement to adhere to them. If you do not agree to these Terms, you should not use the Service.

1. OUR SERVICE

1.1. DarLink provides a service that enables the creation of customizable virtual companions based on various criteria such as personality, hobbies, and appearance. The service also features functionalities for interacting with artificial intelligence avatars based on public personalities. This service is developed by our in-house team ensuring continuous quality and innovation based on user feedback. Internal management and development of the product guarantee full control over its specifications and performance.

1.2. DarLink is a provider of software and content aimed at enhancing your mood and wellbeing. However, we do not offer healthcare or medical services and our services should not be considered as medical care, mental health services, or any other form of professional healthcare service. Only qualified healthcare professionals such as your doctor or therapist can provide such services. DarLink makes no claims, representations, warranties, or guarantees that the service provides therapeutic benefit or assistance.

1.3. Our Service should not be used in emergency situations. If you believe you are experiencing a medical or mental health emergency, please call an ambulance or visit a doctor or therapist immediately. DarLink is not responsible for any mental health disorders or suicidal tendencies of its users.

2. REGISTRATION

2.1. When creating an account with DarLink, you affirm that you are at least 18 years of age and that the information you provide is accurate, complete, and up-to-date at all times. Registering for the Service is not permitted in jurisdictions where it is prohibited. Providing inaccurate, incomplete, or outdated information may lead to the immediate termination of your account on the Service.

2.2. By using the Service, you declare and warrant that you possess the legal right, authority, and capacity to agree to these Terms and to abide by all its conditions. You are not permitted to allow others to use your account nor can you assign or transfer your account to another individual or entity. You agree to promptly inform the Service of any unauthorized use of your password or account or any other security breach.

2.3. You are allowed only one account with the Service.

2.4. To access our Service on your smartphone or other device, your device must meet specific system requirements. These requirements are available on the Website and in the Apple iTunes Store or Google Play Store.

2.5. As a user of the Service, you consent to receive advertising communications from our other products.

3. PAID SERVICES

DarLink offers two categories of subscriptions designed to meet the diverse needs and preferences of our users in accordance with the following terms:

  • Standard Subscription: This category allows unlimited access to all artificial intelligence (AI) "Girlfriends" (GF) interfaces available on the platform. It also gives users the opportunity to design their own AI GF companions. This feature enables users to customize their experience by developing AIs that match their personal specifications.
  • Influencer-Specific Subscription: This subscription category provides users with exclusive access to content and interactions with the AI GF associated with a particular influencer. The subscription is designed to enable a personalized user experience with content and interactions that represent the essence of the selected influencer.

Both subscription categories offer different levels of engagement with the service, allowing users to choose between general access to the platform or a more personalized experience centered around a specific influencer. The pricing structure and terms of these subscriptions are subject to change and are communicated to users via the DarLink platform or through other official DarLink communication channels.

4. TERMINATION OF SERVICE

4.1. You have the option to terminate your account at any time by deleting it within the Service. This action is final and irreversible. Deleting your account will permanently remove all data associated with your use of the Service.

You can switch from “Premium” to “Basic” service without deleting your account. Note that the termination of “Premium” service becomes effective at the end of the current billing period.

If you've subscribed to “Premium” via the Apple iTunes Store or Google Play Store, you can cancel automatic renewals by adjusting your account settings in the Subscriptions section of the Apple iTunes Store or Google Play app or as directed by the current procedures of the respective marketplace.

4.2. We reserve the right to terminate or suspend your account and access to the Service immediately, without prior notice or liability, at our sole discretion for any reason whatsoever including but not limited to a violation of these Terms.

5. CONDITIONS OF USE

5.1. User Conduct

You are solely responsible for all content (including code, video, images, information, data, text, software, music, sound, photographs, graphics, messages) that you upload, post, publish, display, email, or otherwise use via the Service. The following outlines the types of content and/or usage that are illegal or prohibited by DarLink. We reserve the right, in our sole discretion, to investigate and take necessary legal action against anyone who violates this provision, including but not limited to removing the offending content from the Service, suspending or terminating the account of such violators, and reporting them to law enforcement authorities. You agree not to use the Service to:

  • upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have the right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of DarLink, is objectionable or restricts or inhibits any other person from using or enjoying the Service, or which may expose DarLink or its users to harm or liability of any type.
  • Interfere with or disrupt the Service and/or servers and/or networks connected to the Service, disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
  • Violate any applicable local, state, national, or international law, these Terms, or our Privacy Policy, or any regulations having the force of law.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Collect contact information (including email addresses) of other users from the Service by any means and for any purposes.
  • Advertise or offer to sell or buy any goods or services for any business purpose not specifically authorized.
  • Promote any criminal activity or enterprise or provide instructional information about illegal activities.
  • Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

5.2. Non-commercial use: The Service is solely for your personal use.

5.3. Our autonomous artificial intelligence may block your account if there are grounds to believe that you are under 18 years old. If you provide proof that you are at least 18 years old, your account will be unblocked.

6. CONTENT COMPLAINT AND DELETION PROCEDURE

DarLink is committed to maintaining a safe and respectful environment for all of its users. We take complaints about content posted on our Service very seriously and have put in place a procedure for users to report content that they consider to be inappropriate, offensive, or in breach of our Terms and Conditions.

6.1 Reporting Content

If you encounter content on DarLink that you believe to be inappropriate, offensive, or in violation of our policies, we encourage you to notify us immediately via our integrated reporting function accessible from the user interface of the Service, or by contacting us directly at contact@darlink.ai. Please provide as much detail as possible, including the precise location of the content (for example, URL or user ID), a description of the content in question, and why you think it should be removed or modified.

6.2 Review process

Once we receive a complaint, our moderation team will assess the report as soon as possible, usually within 48 hours. We will review the reported content against our Terms and Conditions and any other applicable policies. If we determine that the content is indeed in violation, we will take appropriate action, which may include editing or removing the content, or taking disciplinary action against the responsible user, up to and including account suspension or termination.

6.3 Right of reply

If your content has been removed or modified as a result of a complaint and you believe that this action has been taken wrongly, you have the right to contact us to request a review. Please submit your request for review together with any additional justification or evidence in support of your case to contact@darlink.ai. We will review the original decision, taking into account the new information provided.

6.4 Confidentiality

DarLink treats all complaints and reports of content confidentially. The identity of persons submitting complaints will not be disclosed to users responsible for the reported content without their explicit consent.

By using DarLink, you agree to abide by this content complaint and removal procedure. Your cooperation is essential to maintain a safe and welcoming environment for all users of the Service.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. DarLink holds licenses or retains all intellectual property rights in the Service without exception. These rights include but are not limited to database rights, copyrights, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered), and other similar rights existing anywhere in the world, along with the right to apply for protection of the same. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in association with any product or service without our prior written consent.

By using our Service, you automatically grant, represent, and warrant that you have the right to grant to DarLink an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute such information and content and to create derivative works of or incorporate into other works such information and content, and to grant and authorize sublicenses of the foregoing.

7.2. Copyright Policy. You may not post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the rights owner. If you believe that your work has been copied and posted on the Service in a manner that constitutes copyright infringement, please provide the following information to DarLink's copyright agent: an electronic or physical signature of the person authorized to act on behalf of the copyright owner; a description of the copyrighted work you claim has been infringed; a location description on DarLink where the allegedly infringing material is found; your address, telephone number, and email address; a written statement by you, under penalty of perjury, that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

8. LINKS TO OTHER WEB SITES

Our Service may feature links to third-party websites or services that are not owned or controlled by DarLink. We hold no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not endorse the offerings of these entities or their websites. You acknowledge and agree that DarLink shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly recommend that you read the terms and conditions and privacy policies of any third-party websites or services you visit.

9. NETWORKING SERVICE

You may enable, connect, or log into the Service via your email, Apple, Facebook, or Google accounts (“Networking Service”). To utilize these features effectively, we may request you to authenticate, register, or log into Networking Services on the websites of their respective providers. However, it is important to note that the usage, storage, and disclosure of your information by Networking Services are governed solely by the policies of such third parties, and DarLink shall not be liable or responsible for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless DarLink and our licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from: a) your use and access of the Service by you or any person using your account and password; or b) a breach of these Terms. This indemnity shall apply regardless of the negligence of any party, including any indemnified person.

11. LIMITATION OF LIABILITY

In jurisdictions where such limitations are allowed, neither DarLink nor our directors or employees shall be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and even if we have been advised of the possibility of such damages. Our liability to you for any cause whatsoever will be limited to the amount paid, if any, by you to us for the Service during the period of your account usage.

12. DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, statutory, or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. DarLink and our subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, be secure, or be available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

While all users must agree to the Terms, we cannot guarantee that each user is of the required minimum age, nor do we accept responsibility or liability for any content, communication, or other use of the Service by persons under 18 in violation of these Terms. It's possible for other users (including unauthorized users or "hackers") to post or transmit offensive or obscene materials on the Service, and you might be involuntarily exposed to such materials. Others might obtain personal information about you due to your use of the Service and they may use this information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Service. Please be cautious about the information you post on the Service or release to other users. WE DISCLAIM ALL LIABILITY REGARDLESS OF THE FORM OF ACTION FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS) WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. We will not be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any content posted or transmitted to users, or any interactions between users, whether online or offline.

13. GOVERNING LAW / DISPUTES

For Non-U.S. Residents:

Disputes, controversies, or claims arising out of or relating to the use of DarLink, including but not limited to the purchase of products or services through DarLink, shall be governed and construed in accordance with Swiss law without regard to its conflict of law principles. The parties commit to first attempt to resolve any dispute amicably by contacting our customer service at contact@darlink.ai. If informal resolution is not possible, the parties agree to submit the dispute to final and binding arbitration in Geneva, Switzerland, in accordance with the rules of the International Chamber of Commerce (ICC). The arbitration shall be conducted in English. Arbitration fees shall be equally shared between the parties unless otherwise decided by the arbitrator.

For U.S. Residents:

For users residing in the United States, any dispute or claim related to the use of DarLink or the purchase of products or services via DarLink that has not been resolved informally shall also be submitted to binding arbitration. This arbitration will be governed by the rules of the American Arbitration Association (AAA) and shall take place in New York, NY, United States, in English and interpreted in accordance with Swiss law. Before proceeding with arbitration, parties commit to trying to resolve the dispute by contacting contact@darlink.ai. Arbitration fees will be allocated in accordance with the AAA's guidelines.

General Provisions:

Exclusions: Regardless of location, parties may always seek injunctive or other equitable relief from competent courts in case of infringement or threats of infringement of intellectual property rights without first submitting to the informal resolution procedure or arbitration.

Waiver of Class Actions: All DarLink users, whether residents of the United States or other countries, agree to proceed with any arbitration on an individual basis only and not as part of a collective or representative action. This waiver is a fundamental condition of these Terms and Conditions.

14. YOUR PRIVACY

At DarLink, we respect the privacy of our users. For more details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

15. CONTACT US

If you have any questions about these Terms, please contact our Customer Support Team.

FameLink SA - CHE-443.347.069 - Les Mengartes 37 - 2828 Montsevelier - Jura - CH Suisse - contact@darlink.ai