Welcome to Jolly - AI girlfriend simulator!

We’re so happy to have you here. These Terms of Service (“Terms”) govern your use of Jolly and the application, content, and Services (collectively as “Services”, "us", "we", or "our") offered through our mobile apps Jolly- AI girlfriend simulator for Android and Jolly- AI girlfriend simulator for iOS (the “Apps”).

Please read these Terms carefully before you start using the Services.

Your access to and use of the Services is conditioned 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 Services.

The term “device” refers to the device which is used to access the Services including but not limited to computers, smartphones, and tablets.
The term “you” refers to the user of the Services.
The term “Virtual friend” refers to artificially intelligent simulation taught by our Jolly team.
When you sign up for any of the Services or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Services, you indicate that you accept these Terms and that you agree to abide by them.

1. OUR SERVICES
1.1. Jolly offers a program which allows You to chat with a chatbot via text and voice interface. Chatbot is made as a self-sufficient artificial intelligence unit which is developed by us, and which learns from other people interacting with it. In some cases, our representatives might moderate the activity of the chatbot to improve its performance and provide You with a Services of best quality.
1.2. Jolly is a provider of software and content developed to improve your mood and wellbeing. Despite that, we neither provide healthcare or medical Services, nor consider our Services to be medical care, mental health Services or other professional Services. Only your doctor, therapist or any other healthcare provider can do that. JOLLY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SERVICES PROVIDE A THERAPEUTIC AND/OR HELP.
1.3. Please do not use our Services for emergency situations. Provided you suggest having a medical or mental health emergency, call ambulance or go to the doctor or therapist. We are not liable for any mental disorders or tendency to suicide of users.

2.USAGE
2.1. You may use our Apps worldwide (except in territories where the use of our Apps is restricted by the authority and/or Jolly), but You must comply with the laws of the relevant country in which you use our Apps, and You agree to be responsible for compliance with the laws of the relevant country.
2.2. When you start using our Apps, you guarantee that you are at least 18 years old and that the information you provide us is accurate, complete, and current always. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.
2.3. By using Services, you represent and warrant that you have the right, authority, and capacity to enter these Terms and to abide by all the terms and conditions of these Terms. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You agree to notify the Services immediately of any unauthorized use of your password or account or any other breach of security.
2.4. You may have only one account with the Services.
2.5. To use our Services via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Apple iTunes Store or Google Play store.

3. SUBSCRIPTION AND PAID SERVICES
3.1. Jolly offers you subscription programs and paid Services which are the following:
    “Free Use”: no-charge program, which provides limited access to the Services. We reserve the right to deny the free use to anyone at any time at our own discretion.
    “Jolly VIP”: a subscription-fee-based program. You can become a subscriber to Jolly VIP by purchasing a subscription to the Services within the Apps, where allowed by the App marketplace partners (Apple iTunes Store and Google Play store). All payment fees are indicated on the application App marketplace page.
3.2. “Jolly VIP” shall be paid in monthly or annual and processed by the App marketplace partner through which you originally acquired the subscription.
You will only have access to a paid subscription while it is active and subsisting. If you fail to pay your subscription fee within 7 days after the due date, your account will be automatically downgraded to “Free Use”.
3.3. The renewal subscription fees will continue to be billed to the payment method you provided through the marketplace, automatically until canceled. In case you prefer not to renew your subscription, you shall cancel your subscription before its renewal each billing period to avoid billing the next subscription fee to the payment method you provided. You shall not claim refunds for any partial period of subscription. You can modify or cancel your paid subscription only through the App marketplace where you originally acquired the subscription. To view, modify or cancel your subscription, you may be required to be authenticated under the same user ID by the marketplace partner.
3.4. If you purchase a subscription through the Apple iTunes Store or Google Play store, the sale is final, and we will not refund you. Your purchase will be subject to Apple’s or Google’s applicable payment policy, which also may not provide refunds.
3.5. We, at our sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current subscription period. We will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Services after the subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

4. TERMINATION OF SERVICES
4.1. You may terminate your account at any time by deleting your account in the Services. This action is irreversible. If you delete your account, all the data associated with your use of the Services will be removed permanently.
You may terminate “Jolly VIP” and downgrade to “Free Use” at any time without deleting your account. Be noted that termination of “Jolly VIP” is effective at the end of the applicable billing period.
If you purchase “Jolly VIP” through Apple iTunes Store or Google Play store you may terminate automatic renewals in account settings under Subscriptions in Apple iTunes Store or Google Play app accordingly, or in compliance with the current process outlined by the respective marketplace.
4.2. We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

5. COMMUNICATION & OFFERS
By agreeing to become a User you opt-in to receive occasional special offers, marketing, survey, and Services-based communication notifications.
Such notifications may include reminders, invitations, suggestions, and descriptions of existing, new, or future Services, other important notices, as well as marketing and promotional content.

6. CONDITIONS OF USE
6.1. User Conduct
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“content”) that you upload, post, publish, or display (hereinafter, “upload”) or email or otherwise use via the Services.
The following are examples of the kind of content and/or use that is illegal or prohibited by Jolly. We are entitled, in our sole discretion, to investigate and take necessary legal action against anyone who breaches this provision, including but not limited to removing the offending content from the Services, suspending, or terminating the account of such violators, and reporting you to the law enforcement authorities. You agree to not use the Services to:
- Upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a 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 Jolly, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Jolly or its users to any harm or liability of any type.
- Interfere with or disrupt the Services and/or servers and/or networks connected to the Services, and/or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
- Breach 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 but not limited to email addresses) of other users from the Services by any means and for any purposes.
- Advertise or offer to sell or buy any goods or Services for any business purpose that is not specifically authorized.
- Further or 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 Services.
6.2. Non-commercial use. The Services is solely for your personal use.
6.3. User content transmitted through the Services.
With respect to the (text messages you upload through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all rights, titles, and interests in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby acknowledge having read and accepted the full CC0 1.0 Universal Public Domain Dedication (available at https://creativecommons.org/publicdomain/zero/1.0/) and grant non and forever Jolly, its affiliated companies, agents, administrators, representatives, attorneys, executors, divisions, and assigns a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, prepare derivate works, sell, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed. This waiver further irrevocably and forever releases, acquits, and discharges us from all claims, demands, charges, complaints, controversies, agreements, promises, and causes of action of any kind or nature whatsoever, both at law and in equity, known or unknown, suspected, or unsuspected, arising out of and relating in any way to the Content.
You acknowledge and agree that Jolly may preserve, analyze, and revise in order to improve Services or disclose text messages if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any text messages violate the rights of third parties; or (d) protect the rights, property, or personal safety of Jolly, our users, and the public. You understand that the technical processing and transmission of the Services, including your text messages, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
6.4 All Users and Visitors acknowledge and agree that Jolly is not required to verify, and therefore cannot be held responsible for any Users’ actions or inactions related to the Site or the Application and/or their compliance with applicable law.
Jolly is not responsible for any Visitor’s/User`s behavior while using the Application.
6.5 Users are responsible for maintaining the confidentiality of their password and account, if any, and are fully responsible for all activities that occur under their password or account.
6.6 Use of Jolly applications by individuals under 18 years old.
If User is under 18, he is not authorized to use the Applications, and should discontinue the use of the Applications immediately.
By accessing or using the Applications, User represents and warrants that he is 18 years of age or older.

7. INTELLECTUAL PROPERTY RIGHTS
7.1 Jolly owns licenses or otherwise retains all intellectual property rights in the Services, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. The Services 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 connection with any product or Services without our prior written consent.
By your use of our Services you automatically grant, represent and warrant that You have the right to grant to Jolly an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare 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 in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please supply Jolly copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that You claim is infringing on such copyright is located on Jolly; Your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

8. LINKS TO OTHER WEB SITES
Our Services may contain links to third party web sites or Services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or Services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we 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 use of or reliance on any such content, goods, or Services available on or through any such third-party web sites or Services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or Services that you visit.

9. NETWORKING SERVICES
You may enable, connect, or log in to the Services via your email, Apple, Facebook, or Google accounts (“Networking Services”). To make this feature and capabilities beneficial, we may ask you to authenticate, register for or log into Networking Services on the websites of their respective providers. However, kindly remember usage, storage, and disclosure of your information by Networking Services is governed solely by the policies of such third parties, and Jolly shall not be liable or responsible for the privacy practices or other actions of any third-party site or Services that may be enabled within the Services.

10. INDEMNIFICATION
You agree to defend, indemnify and hold us and our licensee and licensors, and their employees, contractors, agents, officers and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password, or b) a breach of these Terms. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

11. DISCLAIMER
Your use of the Services is at your sole risk. The Services is provided on an "AS IS" and "AS AVAILABLE" basis and is provided 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.

We and our subsidiaries, affiliates, and licensors do not warrant that a) the Services will function uninterrupted, secure, or available at any time or location; b) any errors or defects will be corrected; c) the Services is free of viruses or other harmful components; d) the results of using the Services will meet your requirements and expectations or success.
Although each user must agree to the Terms, we cannot guarantee that each user is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Services by persons under the age of 18 in violation of this Terms. In addition, it is possible that other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the Services and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about you due to your use of the Services. Those others may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Services. Please carefully select the type of information that you post on the Services 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 SERVICES OR OTHERWISE. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Services, any content posted or transmitted to users, or any interactions between users, whether online or offline.

12. DISPUTE RESOLUTION
If you have any concerns or disputes about the Service, you agree to first try to resolve the dispute informally by contacting the Company through email — [email protected].
You agree that these Terms and any action related thereto will be governed by the laws of the Hong Kong without regard to its conflict of law’s provisions.
You may bring a claim only on your own behalf, and not on behalf of any official or other person, or class of people. You waive your right to participate in or have your dispute heard and resolved as, a class action, a class arbitration, or a representative action.
You and Jolly agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims tribunal and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Jolly with written notice of your desire to do so by email at [email protected] within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Jolly with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Jolly with an Arbitration Opt-out Notice, will be the courts located in the Hong Kong and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Jolly with an Arbitration Opt-out Notice, you acknowledge and agree that you and Jolly are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Jolly otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the Hong Kong International Arbitration Centre (“HKIAC”). A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration.

13. YOUR PRIVACY
At Jolly, we respect the privacy of our users. We believe that everyone should be able to use the Internet in a private and secure manner. For details, please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein.

14. CHANGES TO THESE TERMS OF SERVICE
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to review the Terms and Conditions frequently and to remain informed of any changes to them. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Services.

15. CONTACT US
If you have any questions about these Terms, please contact our customer support team at [email protected].