Terms and Conditions of Use

1. Acceptance of Terms

1.1 These Terms and Conditions (the "Terms") govern the relationship between you and VIRIX LTD, a legal entity incorporated under the laws of England and Wales, having its registered office at 85 Great Portland Street, London, W1W 7LT, United Kingdom ("we" "us" "our" or the "Company") regarding your use of the Company's website and other services (the "Website" or the "Service"), including all textual, graphic, video, music, software and other content available through the Service (the "Content").

1.2 Your access and use of the Service constitutes your agreement to be bound by these Terms, which establish a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.

1.3 Unless otherwise expressly provided herein, we will alert you about any changes by updating the "Last updated" date of these Terms and you waive any right to receive specific notice of each such change.

1.4 THESE TERMS CONTAIN IMPORTANT DISCLAIMERS (SECTION 2), DISCLAIMERS OF WARRANTIES (SECTION 6), LIMITATION OF LIABILITY (SECTION 7), AS WELL AS PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING AND RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION WAIVER). UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 10, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 10.

1.5 IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS OR USE THE WEBSITE AND THE SERVICE.

2. Important Disclaimers

2.1 WE MAKE NO GUARANTEES 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) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR WILL PROVIDE ANY BENEFIT.

3. Service

3.1 If you use the Service, you represent and warrant to the Company that: (i) all required information you submit is truthful and accurate; (ii) your use of the Service does not violate any applicable law or regulation or these Terms.

3.2 The Company reserves the right to suspend or terminate your use of Service, or your access to the Service, with or without notice to you, in the event that you breach these Terms.

3.3 The Service may be modified, updated, interrupted or suspended at any time without notice to you or our liability.

3.4 You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).

3.5 We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Company's actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Company has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.

3.6 Your access to and use of the Service is at your own risk. To the extent permitted by law, the Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.

3.7 The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time, at the Company's sole discretion.

4. Third Party Ads, Intellectual Property, User Content

4.1 The Service may contain links to third party websites or resources and advertisements for third parties (collectively, "Third-Party Ads"). Such Third-Party Ads are not under the control of the Company and the Company is not responsible for any Third-Party Ads. The Company provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. Advertisements and other information provided by Third-Party Sites Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

4.2 You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any users of the Service, or any Third-Party Ads.

4.3 Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable license (without the right to sublicense) to use the Service solely for your personal, non-commercial purposes.

4.4 You agree, represent and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties.

4.5 You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Service or used by the Company to operate the Service (including the Content and excluding any User Content) is proprietary to us or to the third parties.

4.6 The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited.

4.7 The information you submit to us and any data, text and other material that you may submit to the Service ("User Content") remain your intellectual property, and the Company does not claim any ownership of the copyright or other proprietary rights in such registration information and the User Content.

4.8 You grant the Company the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service.

4.9 Each user of the Service is solely responsible for any and all his or her User Content. Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content.

5. User Representations and Restrictions

5.1 By using the Service, you represent and warrant that: you have the legal capacity and you agree to comply with these Terms; you are not under the age of 18; you will not access the Service through automated or non-human means, whether through a bot, script or otherwise; you will not use the Service for any illegal or unauthorized purpose; you are not located in a country that is subject to a U.S. government embargo; you are not listed on any U.S. government list of prohibited or restricted parties; and your use of the Service will not violate any applicable law or regulation.

5.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).

5.3 You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

5.4 As a user of the Service, you agree not to: systematically retrieve data or other content from the Service to create or compile a collection without written permission from us; make any unauthorized use of the Service; make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service; use the Service for any revenue generating endeavor or commercial enterprise for which it is not designed; circumvent, disable, or otherwise interfere with security-related features of the Service; decipher, decompile, disassemble, or reverse engineer any of the software comprising the Service; upload or distribute viruses, worms, trojans, or any other similar software; disparage, tarnish, or otherwise harm the Service.

5.5 Content Standards: Our product is an AI companion service designed for general, non-adult use. The Service must not be used to create, request, or engage with pornographic, sexually explicit, or erotic content. In particular, you agree that you will not use the Service to create, generate or request pornographic or sexually explicit content, or request or engage in explicit sexual conversations or sexual role-play.

5.6 We maintain a zero-tolerance policy toward Child Sexual Abuse Material ("CSAM") and any sexual content involving minors or persons who may appear to be minors. You must not use the Service to create, generate, request, or otherwise facilitate: CSAM of any kind; nude, sexual, or sexualized depictions of minors; sexual conversations, fantasies, or role-plays involving minors; content that portrays individuals as "underage", "teen", "schoolgirl", or similar where the person is presented as under 18. We may immediately suspend or terminate any account that we believe is involved in such activity and report suspected CSAM to relevant law-enforcement authorities.

6. Disclaimer of Warranties

6.1 THE WEBSITE, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE WEBSITE, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (I) THE SERVICE, CONTENT OR OTHER INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (II) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (IV) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) ANY RESULT OR OUTCOME CAN BE ACHIEVED.

7. Limitation of Liability

7.1 IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE WEBSITE OR CONTENT), OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE, CONTENT OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR THE SERVICE.

7.3 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

8. Indemnity

8.1 You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your User Content, or (iii) your violation of these Terms. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us.

9. International Use

9.1 The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.

10. Mandatory Binding Arbitration and Class Action Waiver

10.1 PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.

10.2 YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10.3 YOU AND THE COMPANY AGREE TO ARBITRATION AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE PRIVACY POLICY, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION.

10.4 Arbitration is more informal way to settle disputes than a lawsuit in court. A neutral arbitrator instead of a judge or jury is used in arbitration, which allows for more limited discovery than in court, and is subject to very limited review by courts.

10.5 A party which intends to seek arbitration must first send to the other a written notice of intent to arbitrate. The Notice to the Company must be addressed to: 85 Great Portland Street, London, W1W 7LT, United Kingdom. The Notice shall describe the basis and nature of the claim or dispute and set the specific relief sought.

10.6 THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL EXCLUSIVELY ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES.

10.7-10.18 The arbitration shall be conducted exclusively in English. A single, independent and impartial arbitrator will be appointed. You understand that you would have had a right to litigate through a court, to have a judge or jury decide your case, and to be party to a class or representative action. However, you understand and agree to have any claims decided individually and only through binding, final, and confidential arbitration. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE THE SERVICE by writing to the Arbitration Notice Address.

11. Governing Law

11.1 The laws of England and Wales, excluding its conflicts of law principles, govern these Terms and your use of the Service.

11.2 To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of: the state and federal courts in the City of Alexandria, Virginia – if you are a resident of the United States; or the courts of London, United Kingdom – if you are not a resident of the United States.

12. Miscellaneous Provisions

12.1 No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof.

12.2 If any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.

12.3 These Terms set forth the entire agreement between you and the Company regarding its subject matter, and supersede all prior promises, agreements or representations.

12.4 The Company may transfer or assign any and all of its rights and obligations under these Terms to any other person.

12.5 All information communicated on the Service is considered an electronic communication. You agree that we may communicate electronically with you and that such communications are equivalent to communications in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS.

12.6 In no event shall the Company be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Company's reasonable control.

13. Payments

13.1 Once you've reached the limit of free messages, you'll be taken to the payment page, where you can choose either the monthly or annual subscription plan, payable by credit card or cryptocurrency.

13.2 After payment, you will receive unlimited access to the messaging system as well as tokens per month that can be used to access extended features like image generation or voice notes.

14. Fulfillment Policy

14.1 Cancellation: You have the flexibility to cancel your subscription at any time. If you choose to cancel, your subscription will remain active until the end of the current billing period, and you will not be charged for the subsequent period.

14.2 Access upon Cancellation: Upon canceling your subscription, you will retain access to the platform and its features until the end of the current billing period. After this period, your access will be restricted, and you may choose to resubscribe at any time.

14.3 Modifying Subscription Plans: You can upgrade or downgrade your subscription plan at any time. The changes will take effect at the beginning of the next billing cycle.

14.4 You consent to our payment retry process for subscription renewals. If your full renewal payment is declined, we'll make several attempts using progressively reduced amounts. After multiple unsuccessful attempts, your subscription will be suspended.

15. Refund Policy

15.1 Subscription refund: You have 24 hours after your payment to request a refund. No refunds will be issued if your request is made more than 24 hours after you have paid for our services. However, regardless of the time elapsed before you request a refund, it will be denied if you have used more than 20 tokens. We cannot refund in cases where there was a technical issue on the user's side. We can only refund Subscriptions that were purchased via card.

15.2 Token refund: You have 24 hours after your payment to request a refund. No refunds will be issued if your request is made more than 24 hours after you have paid for our services. However, regardless of the time elapsed before you request a refund, it will be denied if you have used your tokens. We can only refund token packages that were purchased via card.

If you are eligible for a refund and want to enforce it – please, send a message to general@virixlabs.com.

16. No Guarantee of Accuracy

16.1 By using our Services, you acknowledge that content generated on demand may not be accurate. As the content is generated by artificial intelligence, we cannot guarantee the accuracy of the results. However, we make every effort to constantly improve our tool and provide an ever more qualitative service.

Contact Us

For questions about these Terms and Conditions, please contact us at general@virixlabs.com