Terms of Service

1. Operator and scope. These Terms of Service ("Terms") govern the use of the AI companion chat service (the "Service") provided by Petr Fojtách (IČO 74125770), sole trader with registered seat at Dlouhá 3403/2b, 702 00 Ostrava-Moravská Ostrava, registered under Czech law ("Provider"), contact: hello@dearmyai.com. The Service is provided worldwide and is designed to comply with applicable European Union law, including Regulation (EU) 2022/2065 (Digital Services Act, "DSA") and Regulation (EU) 2016/679 (GDPR), as well as generally accepted standards applicable to similar services worldwide.

The Service is an AI companionship and conversation service. The Service does not provide sexually explicit content, erotic roleplay or pornographic material. The underlying AI models used by the Service are designed not to generate such content, and prompts requesting it are declined. Characters are companions for friendly, emotional and conversational interaction only, not adult entertainment. Attempts to obtain such content are prohibited and may result in account termination.

AI companionship, not dating or matchmaking. Dear my… is an AI companion service featuring fictional AI characters. You interact directly with your own AI character; the Service does not connect users with real people.

2. Age restriction, 18+. The Service is intended for adults. Access is granted only to persons who are at least 18 years of age, or the age of legal majority in the user's jurisdiction, whichever is higher. Persons under this age may not use the Service.

3. Age self-declaration and verification. At registration, the age of the user is declared by self-declaration. The Provider may, at the user's option and where technically available, offer additional voluntary verification of identity or age through a third-party provider (for example Stripe Identity). Voluntary verification is not a condition of access. The Provider reserves the right to request further age assurance where a reasonable suspicion exists that a user is under 18.

4. Account termination for breach of the age requirement. If the Provider learns, by any means, that a user of the Service is under 18 years of age, the Provider will: (a) immediately terminate the account and deny all further access; (b) delete all personal data connected with that account, including conversation history, without undue delay; and (c) where required by applicable law, report the matter to the competent authorities. No refund entitlement arises from a termination under this paragraph where the termination results from a breach of the age requirement by the user.

5. Nature of the Service. The Service offers conversations with fictional AI characters, which may include companion features. All characters are artificial intelligence. The characters are fictional persons and do not represent any real person. The user acknowledges that AI-generated responses may be inaccurate, incomplete, or inconsistent, and that conversation content is generated automatically without human review. AI disclosure (EU AI Act, Art. 50): In accordance with Article 50 of Regulation (EU) 2024/1689 (AI Act), the provider hereby informs users, clearly and at the latest at the first interaction, that they are interacting with an artificial intelligence system. All personas in the Service are AI systems, not real people.

6. Prohibited use. The user must not use the Service: (a) if he or she is under 18; (b) to create or request sexual or romantic content concerning real, identifiable persons; (c) to attempt to generate illegal content of any kind; (d) to harass, threaten, or defraud any person; (e) in violation of applicable law, including laws on the protection of minors. The user must not represent himself or herself as being another person, nor present AI-generated material as human-created work where this misleads others.

7. User data and privacy. Processing of personal data is described in the Privacy Notice, which forms part of these Terms. The Provider applies data minimisation: the Service is designed so that no full date of birth, address, telephone number, photograph, or payment card details need to be stored by the Provider for the core function of the Service.

8. Termination by the user. The user may end the use of the Service at any time. The account and all associated data can be deleted at any time in the account settings on dearmyai.com, or by emailing the Provider at hello@dearmyai.com.

8A. Fees, subscriptions, withdrawal and refunds.

8A.1 Fees. Certain features of the Service are offered for a fee. Plans, prices and payment methods are stated on the Service's website or in the ordering flow at the time of purchase. All prices are stated inclusive of applicable taxes.

8A.2 Paid digital content; express consent to immediate performance and loss of the right of withdrawal. Where the user purchases digital content (including a subscription) and the Provider begins performance immediately, the user is asked, before completing the order, to give his or her express consent that performance may begin immediately after purchase, and expressly acknowledges that, once performance has begun and the Provider has confirmed the purchase, he or she loses any statutory right of withdrawal from the contract that would otherwise apply (Directive 2011/83/EU, Art. 16(m); Czech Act No. 89/2012 Sb., Civil Code, § 1837(l)). Where performance does not begin immediately, the statutory 14-day withdrawal period applies, and the user may withdraw by contacting hello@dearmyai.com; refunds under this paragraph are made without undue delay and, in any event, within 14 days of the Provider being informed of the withdrawal.

8A.3 Subscriptions. Unless cancelled, subscriptions renew automatically for successive billing periods. The user is notified of each renewal in advance to the extent required by law. The user may cancel a subscription at any time in the account settings on dearmyai.com (which leads to the payment provider's cancellation page) or by email to hello@dearmyai.com; cancellation takes effect at the end of the current billing period. No refunds are given for unused portions of a billing period, for partially used periods, or after a cancellation takes effect at the end of that period.

8A.4 Service availability. The Provider does not offer refunds on account of temporary downtime, reduced availability or defects short of a material failure of the Service. Where significant unavailability occurs, the Provider may, at its sole discretion and instead of any refund, extend the affected billing period and/or grant a credit for future use ("service credit"). Nothing in this paragraph limits statutory rights in respect of a materially non-conforming service.

8A.5 No refunds in listed cases. No refund or credit entitlement arises: (a) on termination of an account for a breach of these Terms, including the age requirement (cf. paragraph 4) or the prohibited-use rules (paragraph 6); (b) for unused time, unused features or non-use of the Service; (c) after the relevant billing period has ended; or (d) in any case not expressly provided for in this Section 8A.

8A.6 Discretionary goodwill refunds. The Provider may in individual cases grant a refund of the fee for the current billing period as an act of goodwill. A goodwill refund, if granted, excludes any further refund for the same period. Any goodwill decision is entirely at the Provider's sole discretion and creates no precedent, entitlement or expectation for any user.

8A.7 Price changes. The Provider may change prices. The Provider will give reasonable advance notice through the Service before any price change takes effect. The change applies only from the start of the next billing period; the already-paid current period is unaffected.

8A.8 Mandatory consumer rights unaffected. Nothing in these Terms excludes or limits statutory consumer rights, including rights in respect of defective or non-conforming digital services under the Civil Code and Directive (EU) 2019/771, or the mandatory withdrawal rights under 8A.2.

8A.9 Recommend a friend. A user may share a personal link. A person who opens a new account through it gets the discount shown at checkout on the first month of a monthly plan, instead of the free trial. For each such new customer, the referring user receives a credit worth one month of subscription, but only after the new customer has made a first payment, their subscription is still active 14 days later and the payment has not been refunded or disputed. The credit equals the monthly price of the plan the new customer paid for, but no more than the monthly price of the referring user's own plan, and is deducted from the referring user's next subscription payments. A user who has no subscription keeps the credit until their own next payment. Credits cannot be exchanged for money or transferred and lapse when the account is deleted. Users cannot refer themselves (including another address of the same mailbox, the same payment card or the same Telegram account) or an existing customer; a customer who came through a partner stays with the partner; a referring user can receive at most 12 credits in any 12 months. If the new customer's payment is refunded or disputed, the credit lapses and a credit already added is deducted to the extent it has not been used. The Provider may refuse or cancel a credit where abuse is suspected (for example own accounts or the same payment card) and may change or end the program at any time; credits already added remain.

9. Termination by the Provider. The Provider may suspend or terminate access for breach of these Terms, for legal-compliance reasons, or where the Service is discontinued. Where the Service is terminated by the Provider for reasons other than the user's breach, the Provider will give reasonable prior notice where practicable.

10. Disclaimer of warranty; limitation of liability. The Service is provided "as is" and "as available" without warranty of any kind, to the maximum extent permitted by law. The Provider is not liable for indirect or consequential loss. This limitation does not apply to liability that cannot be excluded under mandatory law, including liability for intent, gross negligence, or injury to life, body, or health, and statutory consumer rights.

11. Governing law and disputes. These Terms are governed by the law applicable at the registered seat of Petr Fojtách (IČO 74125770), sole trader with registered seat at Dlouhá 3403/2b, 702 00 Ostrava-Moravská Ostrava, registered under Czech law, without prejudice to mandatory consumer protection rules of the user's country of residence. Consumers may also use out-of-court dispute resolution. Place of jurisdiction for business users is the seat of Petr Fojtách (IČO 74125770), sole trader with registered seat at Dlouhá 3403/2b, 702 00 Ostrava-Moravská Ostrava, registered under Czech law.

12. Changes. The Provider may amend these Terms. Material changes will be communicated in advance through the Service. Continued use after the effective date constitutes acceptance.

13. Contact. hello@dearmyai.com

Wellbeing. Dear my… is a companionship and entertainment service. It is not a medical, psychological or therapeutic service and is not a substitute for professional help. If you are in crisis or thinking about harming yourself, contact your local emergency number (112 in the EU) or a local crisis line.