Terms of Service

1. Our Service

• Service Overview: DarLink is a platform that enables you to create and interact with customizable virtual companions. You can tailor your Virtual Friend based on personality traits, hobbies, appearance, and other criteria. We also offer AI avatars inspired by public personalities for interactive experiences. Our Service is developed in-house, allowing us to continuously improve quality and features based on user feedback and to maintain full control over the platform’s performance and specifications.
• Not Medical or Therapeutic Advice: DarLink is designed for entertainment and to improve your mood and well-being, not as a healthcare or counseling service. We are not a medical or mental health provider. The Service and any content or conversations with a Virtual Friend do not constitute medical advice, therapy, or any form of professional healthcare or counseling. No claims or guarantees are made that using DarLink will provide therapeutic benefit or mental health improvement. Always seek the advice of qualified healthcare professionals (such as doctors or licensed therapists) for any medical or mental health concerns.
• No Emergency Use: Do not use DarLink in emergencies. The Service is not a substitute for emergency services or crisis intervention. If you are experiencing a medical or mental health emergency or crisis (such as thoughts of self-harm or suicide), call emergency services or contact a medical professional immediately. DarLink is not equipped to handle urgent situations and is not responsible for any outcome if you attempt to use it for emergency or critical needs. We are not liable for any mental health issues or crises that may occur while or after using the Service.
• AI Generated Content: Interactions with Virtual Friends on DarLink involve AI-generated content. This content may sometimes be fictional, inaccurate, or inappropriate. It is intended for conversational and entertainment purposes only. Do not rely on any information or advice provided by a Virtual Friend as factual, accurate, or as professional advice. If you require professional guidance (for example, medical, legal, financial, or relationship advice), you should consult a qualified professional. We do not guarantee the truthfulness or reliability of any statements made by the AI. User discretion is advised when interpreting or acting on any content from the Service.

2. Account Registration and Eligibility

2.1 Eligibility (Age Requirement): You must be at least 18 years old to create an account or use the Service. DarLink is strictly intended for adults. By registering for or using DarLink, you represent and warrant that you are 18 or older. If you are under 18, you are not permitted to use DarLink, create an account, or interact with our Virtual Friends. We take age restrictions seriously. If we have reason to believe you are under 18, our automated systems or team may suspend or block your account pending age verification. Misrepresenting your age is a violation of these Terms and may result in immediate account termination. If you are barred by law from using the Service or if usage of the Service is illegal in your jurisdiction, you must not use the Service.

2.2 Account Creation: When creating an account, you agree to provide truthful, accurate, and current information about yourself as prompted by the registration process, and to update this information as needed to keep it accurate and up-to-date. You may be required to create a username and password or use a third-party login (see Section 9). You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.

2.3 Account Responsibilities: You may not share, transfer, or allow others to use your account. You are responsible for any use of the Service that occurs under your account, whether or not authorized by you. If you become aware of any unauthorized access or use of your account or password, or any other breach of security, you must notify us immediately. We are not liable for any loss or damage arising from someone else using your account with or without your permission.

2.4 Single Account Limit: You are only permitted to have one DarLink account. Creating multiple accounts for the same person, or creating an account for someone else without authorization, is prohibited. If an account was previously terminated by us due to a violation of these Terms, you may not create another account without our permission.

2.5 Device Requirements: Using DarLink may require certain hardware or software specifications. It is your responsibility to ensure that your device meets the minimum system requirements (as noted on our Website or on the Apple App Store/Google Play Store listing for our app) and that you have a reliable internet connection. We are not responsible for any inability to access the Service due to insufficient device capabilities, outdated software, or connectivity issues.

2.6 Communications and Notifications: By creating an account, you consent to receive electronic communications from us (such as emails, in-app messages, or push notifications) regarding your account, service updates, and promotional offers from DarLink or our related products. You can opt out of non-essential communications at any time by following the unsubscribe instructions in our messages. However, you may not opt out of critical service or legal notices.

3. Subscriptions and Paid Services

DarLink offers premium features through subscription plans. By purchasing or subscribing to our paid services, you agree to the pricing, payment, and billing terms applicable to your chosen plan.

• Standard Subscription: This plan provides you with unlimited access to all AI “Virtual Friend” companions on the platform. You can interact with any AI character and also have the ability to create and customize your own AI companions to suit your preferences. The Standard Subscription is ideal if you want full, unrestricted use of DarLink’s features and a variety of virtual friends.
• Influencer-Specific Subscription: This plan gives you exclusive access to a specific AI Virtual Friend that is associated with a particular influencer or public figure. You will be able to interact with that influencer’s AI persona and receive personalized content and experiences reflecting that influencer’s style. This subscription is focused on one influencer’s AI companion and may include unique content curated for fans of that influencer.

Subscription Terms: Both subscription categories may have different pricing and durations (e.g., monthly or annual) as offered on our platform. All subscription fees and details (including current pricing, benefits, and term lengths) are provided to you at the time of purchase. Subscription plans auto-renew at the end of each billing cycle (e.g., at the end of the month or year, depending on your plan) unless you cancel the subscription before the next renewal date. We reserve the right to adjust the pricing or features of our subscriptions; any changes will be communicated to you in advance (for example, via the Website, in-app notification, or email). If pricing changes apply to existing subscribers, we will provide you an opportunity to cancel if you do not agree to the new price.

Billing and Payment: When you subscribe to a paid plan, you authorize DarLink (or the third-party app store through which you made the purchase) to charge the applicable subscription fees to your provided payment method on a recurring basis. If your payment fails or cannot be processed, we may suspend or cancel your access to premium features. It is your responsibility to ensure your payment information is accurate and up-to-date. All fees are listed in the applicable currency and include any applicable taxes unless stated otherwise.

Cancellation: You may cancel your subscription at any time. If you subscribed via our Website, you can cancel through your account settings on the Website or by contacting our support. If you subscribed through a third-party platform (such as the Apple App Store or Google Play Store), you must manage and cancel your subscription through that platform’s account settings (e.g., through the App Store’s “Subscriptions” management or Google Play’s subscription settings). When you cancel, your subscription will remain active until the end of your current paid term and you will not be charged for the next billing cycle. However, you will not receive any refund for the remaining days in the current billing period after cancellation; instead, you will retain access to premium features until the subscription term expires.

Refund Policy: In general, all purchases and subscription fees are final and non-refundable. We do not offer refunds or credits for partially used subscription periods or unused features. In certain cases (and at our sole discretion), we may consider a refund or credit if a request is made within 24 hours of purchase and if you have made only minimal use of the Service in that time. To request a refund, you must contact our support team at contact@darlink.ai and provide the details of your purchase and reason for the request. We make no guarantee of granting a refund unless required by applicable law. If you purchased a subscription through a third-party app store, any refund requests are subject to that platform’s policies (for example, Apple or Google’s refund policies) and must be requested directly from that platform. Erroneous or duplicate payments may be refunded at our discretion if the issue was caused by us or a technical error on our side; otherwise, we are not responsible for user errors in the purchasing process.

Access to Paid Features: Upon successful purchase of a subscription (or any other paid service or credits, if offered), the corresponding features or Virtual Friend access will be unlocked for your account. Standard Subscription holders will see no restrictions when interacting with any AI companions, while Influencer-Specific subscribers will have full access to the AI persona of the influencer they subscribed to. Any virtual currency, credits, or points (if we implement such a system) will be credited to your account promptly after purchase and will remain available for your use according to any terms we specify (credits may or may not expire, as communicated at purchase). Purchased features are for personal use only and are tied to your account; you may not transfer them to other users.

4. Acceptable Use and Prohibited Conduct

4.1 Termination by You: You have the right to terminate your account at any time. You can do this by using the account deletion function within the Service or by contacting us to request deletion. Deleting your account is permanent and irreversible – it will remove your profile and all associated data (including your Virtual Friend configurations, chat history, and any other content) from our systems. If you simply wish to cancel a subscription but not delete your account entirely, you can downgrade from a paid plan to the free/basic service tier (as described in Section 3) without deleting your account. Downgrading will take effect at the end of the current billing period for your subscription, after which you will no longer be charged and will lose access to premium features.

4.2 Termination or Suspension by Us: We reserve the right, at our sole discretion, to suspend or terminate your account (or your access to any part of the Service) at any time and without prior notice if we believe that you have violated these Terms or for any other reason including, but not limited to: unlawful behavior, abuse of the Service, security issues, prolonged inactivity, or technical necessity. We may also remove or disable access to any content you have contributed if it violates these Terms or is otherwise objectionable. In the event of such termination or suspension, you understand that you may lose access to your account and any content associated with it. We shall not be liable to you or any third party for any termination of your access to the Service. If we terminate your account for violation of these Terms, you are not entitled to any refunds or reimbursement of any subscription fees or purchases, and we may prohibit you from creating a new account in the future.

4.3 Effect of Account Deletion: Upon any termination of your account (whether by you or by us), your right to use the Service will immediately cease. All data and content associated with your account may be permanently deleted (except to the extent we are required or permitted to retain certain data under our Privacy Policy or applicable law). You will not be able to recover any information once your account is deleted. Sections of these Terms that by their nature should survive termination (such as intellectual property rights, indemnification, disclaimers, limitations of liability, dispute resolution, etc.) will continue to apply even after your account is closed.

4.4 Cancelling Auto-Renewals:If you have subscribed to DarLink through a mobile app marketplace (Apple App Store or Google Play Store), you are responsible for managing or cancelling any auto-renewing subscriptions through those platforms. Deleting your DarLink account or the DarLink app does not automatically cancel your subscription through the App Store or Play Store. You must follow the respective store’s procedures (e.g., using your Apple ID or Google account settings) to prevent further charges. Instructions for cancelling can typically be found in the “Subscriptions” section of your device’s account settings or via the store’s help resources. Failure to cancel in time may result in charges for the next subscription period, for which we will not be responsible.

5. User Conduct and Acceptable Use Policy

You are solely responsible for all content and communications that you generate, transmit, or display while using our Service, and for any consequences thereof. By using DarLink, you agree to the following rules of conduct and content standards. These rules are designed to create a safe and respectful environment and to comply with applicable laws and platform policies.

5.1 Prohibited Content: You must not upload, send, share, or otherwise make available any content on the Service that:

• Infringes Rights: Violates or infringes upon the intellectual property rights, privacy rights, or any other proprietary rights of any person or entity. This includes, but is not limited to, content that contains copyrighted material or trademarks that you do not have permission to use.
• Unauthorized or Illegal: You do not have the legal right to make available (for example, information that is confidential to a third party or content that you are bound by contract not to disclose), or any content that is unlawful under any applicable law or regulation.
• Malicious Code: Contains viruses, trojans, worms, logic bombs, or any other harmful software or computer code designed to interrupt, damage, or limit the functionality of any computer software, hardware, network, or telecommunications equipment.
• Privacy or Security Risk: Poses a privacy or security risk to any person. For instance, content that includes someone’s personal or identifying information (such as phone numbers, addresses, identification documents, financial information, etc.) without their consent, or “doxxing” (publishing private information about someone with malicious intent).
• Unsolicited Advertising or Spam: Constitutes or facilitates unauthorized advertising or promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation not expressly approved by DarLink. The Service is not to be used for sending mass unsolicited messages or for any commercial activities outside the scope of what DarLink explicitly allows.
• Harassing or Hateful: Is unlawful, harmful, threatening, abusive, harassing, or defamatory, or that bullies, intimidates, or stalks any person. This includes content that is vulgar, obscene, or patently offensive, as well as content that promotes racism, bigotry, hatred, or physical harm against any group or individual. Hate speech(content attacking or demeaning a person or group based on attributes such as race, ethnicity, religion, gender, sexual orientation, disability, etc.) is strictly prohibited.
• Pornographic or Obscene: Is pornographic, sexually explicit, or highly obscene. In particular, any content involving the sexual depiction of minors is strictly forbidden (this is illegal and will be reported to law enforcement). Additionally, content depicting bestiality, rape or non-consensual sexual violence, or other forms of extreme sexual violence is prohibited. DarLink is intended for mature audiences and may allow some adult-oriented conversation between consenting adults, but any content that crosses into unlawful or extremely explicit territory, as described above, is not allowed.
• Violent or Gory: Contains graphic violence or gore that is unnecessary or excessively disturbing, or any content that promotes or glorifies violence, cruelty, or the infliction of pain. (Contextual, fictional, or mild depictions in storytelling might be tolerated to an extent, but extreme or real depictions intended to shock or threaten are disallowed.)
• Self-Harm or Suicide Encouragement: Encourages or glorifies self-harm, suicide, eating disorders, or any dangerous behavior. While users may discuss personal struggles, any content that instructs or encourages others to harm themselves or engage in life-threatening activities is not permitted. If you are experiencing suicidal thoughts or self-harm impulses, we urge you to seek professional help immediately (see Section 1.3).
• Criminal Activity: Promotes or provides instructions for illegal activities. This includes content that could be used in the planning or execution of violent or non-violent wrongful acts, such as making or obtaining weapons, drug manufacturing, fraudulent schemes, hacking or cyber attacks, etc. You also must not use the Service to solicit involvement in or support for any organization which is violent, extremist, or criminal in nature.
• Terrorism or Extremism: Advocates, glorifies, or supports terrorism, extremist ideologies, or individuals/groups known for terrorist or extremist activities. Any content that incites violence, insurgency, or hate under an extremist cause is forbidden.
• Human Trafficking or Exploitation: Contains any material that suggests, promotes, or depicts human trafficking, slavery, exploitation of individuals, or prostitution that is non-consensual. We have zero tolerance for content that appears to facilitate or celebrate the exploitation of humans.
• Misinformation or Fraud: Intentionally spreads false or misleading information that could cause harm, or engages in activities intended to defraud or deceive others. (Parody and fiction are allowed in context, but you may not impersonate others or spread hoaxes in a way that could be taken as factual and cause harm.)
• Objectionable Content: In the sole judgment of DarLink, any content that is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose DarLink, its users, or any other party to harm or liability. This is a broad clause that gives DarLink discretion to remove content that doesn’t neatly fit into the categories above but is nevertheless considered inappropriate or risky.

5.2 Prohibited Activities: In addition to the content restrictions above, you agree not to engage in any of the following activities on or in relation to the Service:

• Service Interference: Do not interfere with, disrupt, or attack the normal operation of the Service, the servers/network hosting the Service, or any other user’s experience. This includes flooding, spamming, mail-bombing, script attacks, denial-of-service attacks, or any other activity that can overwhelm or harm the Service’s infrastructure.
• Unauthorised Access: Do not attempt to gain unauthorized access to any part of the Service, or to other accounts, computer systems, or networks connected to the Service, through hacking, password mining, or any other means. This also means you should not attempt to probe, scan, or test the vulnerability of the Service or any system or network, or breach any security or authentication measures.
• Circumvention: Do not attempt to circumvent any content filtering, security measures, rate limits, or other features we have implemented to protect the Service and its users. This includes trying to use the Service in a way to avoid moderation (for example, using obfuscated language to share disallowed content) or using unauthorized tools to avoid automated restrictions.
• Automated Use & Scraping: Do not use any robots, spiders, scrapers, crawler scripts, or other automated means to access, monitor, copy, or collect information or content from the Service without our explicit prior permission. This includes scraping content such as the list of available Virtual Friends, user profiles, dialogues, images, or any other data on DarLink. Similarly, you must not use automated scripts or bots to create accounts, send messages, or otherwise interact with the Service in bulk or in a manner that has not been authorized by us.
• Impersonation and Misrepresentation: Do not impersonate any person or entity, or falsely state or misrepresent yourself (including your age, identity, affiliations, or qualifications). You should not pretend to be another user, a celebrity or public figure (except when interacting with AI personas clearly labeled as such), a DarLink staff member, or anyone else you are not. Parody or fictional roleplay must be done in a manner that doesn’t confuse others about your true identity.
• Data Harvesting: Do not harvest, collect, or attempt to collect personal data about other users without their consent. This includes scraping user content, looking for personally identifiable information in chats or profiles, or using any part of the Service to gather information about individuals for any purpose not expressly authorized (like sending unsolicited communications, building marketing lists, etc.).
• Commercial Use and Solicitation: The Service is for personal, non-commercial use (unless explicitly agreed otherwise in writing). You must not use DarLink to advertise or solicit the sale of any products or services, to conduct surveys, contests or pyramid schemes, or for any other commercial purpose except as expressly permitted by us. Any commercial use of the Service (such as using it to promote your own business or content) requires our prior written consent.
• Unauthorised Sales or Transfers: You may not sell, resell, rent, or lease access to the Service or any content available on the Service to any third party. Also, you cannot purchase or sell accounts, profiles, or any DarLink-related data, as these actions violate the integrity and security of the platform.
• Malicious Activities: You must not use the Service to stalk, harass, or harm another individual. You also must not use the Service to solicit personal information from minors or engage in any predatory behavior. Any evidence of such activity will result in immediate termination and potential reporting to law enforcement.

5.3 Enforcement and Reporting:DarLink reserves the right (but is not obligated) to monitor interactions and content on the Service to ensure compliance with these Terms. We may review, screen, remove, or edit any content you post or share at any time for any reason, including if we believe, in our sole judgment, that it violates these Terms. We may also terminate or suspend the account of any user who engages in prohibited conduct or otherwise violates these Terms, without prior notice. We further reserve the right to report any illegal activities to law enforcement authorities and cooperate with them, which may include providing your personal information or content records in accordance with our Privacy Policy and applicable law.

If you see content or behavior that violates these Terms or is otherwise concerning, please report it to us (see Section 6 below for the complaint procedure). Your vigilance helps us maintain a safe community.

5.4 Content Ownership and License: You retain ownership of any original content (such as text or images) that you create and submit through the Service. However, by using the Service and submitting or creating content (for example, messages you send, character profiles or images you upload for your Virtual Friend, feedback you provide, etc.), you automatically grant DarLink a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such content (in whole or in part) and to incorporate it in other works (including for marketing or improvement of the Service), and to sublicense these rights to our affiliates or service providers as needed to operate and enhance the Service. This license is necessary for us to run the Service (for example, to process your messages through our AI, to display your custom AI character to you, or to use feedback to improve our product). You represent and warrant that you have all necessary rights to grant this license for any content you provide. Note: This license to DarLink does not affect your ownership of your content; it simply allows us to provide the Service and grow it. We will handle your personal data in accordance with our Privacy Policy, and we will not sell your personal content to third parties for their independent use without your consent.

5.5 Feedback: If you provide us with any suggestions, ideas, or feedback about DarLink (for example, suggestions for new features or improvements), you agree that we may use and share such feedback for any purpose without any obligation to compensate you. Feedback is entirely voluntary, and we are free to use it at our discretion and to modify or reject it as we see fit. Any feedback you submit is considered non-confidential and non-proprietary.

5.6 No Backup Guarantee: We do not guarantee that any content you create or post on DarLink will be saved or retrievable. While we may store chat histories and user data for operational purposes, we are not obligated to back up your content, and it may be deleted from the Service at any time without notice (for example, due to technical issues, if it violates our terms, or if you delete your account). You are solely responsible for keeping separate backup copies of any content (such as important conversations or custom character descriptions) that you wish to preserve.

5.7 Non-Commercial Use: Your use of DarLink is for personal and entertainment purposes only. You agree not to use the Service for any commercial or business purpose (such as marketing, advertising, or profit-making activities) unless you have a separate agreement with us permitting such use. The Service is not intended for use by businesses or organizations without our explicit consent.

By adhering to the above guidelines, you help ensure that DarLink remains a fun, safe, and welcoming environment for everyone.

6. Content Complaint and Removal Procedure

DarLink is committed to maintaining a safe and respectful community. We have established the following procedure for users to report content that they find inappropriate, offensive, or in violation of these Terms, and for addressing such reports promptly and fairly.

1. Reporting Content: If you encounter any content on the Service that you believe violates our Terms or is otherwise objectionable (such as harassment, explicit material involving minors, hate speech, etc.), please report it to us immediately. The Service may provide an in-app reporting feature (for example, a “Report” button or option next to messages or user profiles) which you can use to flag the offending content. If an in-app option is not available or you prefer to report via email, you can send a detailed report to contact@darlink.ai. In your report, please include as much detail as possible to help us identify the content in question: for example, the username of the Virtual Friend or user involved, a description of the content or conversation, the date and time it occurred, and why you believe it should be reviewed or removed. If the content is on a publicly accessible page, providing a direct URL or screenshot is helpful. Please do not report false or malicious claims – misuse of the reporting system (such as knowingly making false reports about others) can itself be a violation of these Terms.
2. Review Process: After we receive a content complaint or report, our moderation team will review the report within a reasonable time frame (typically within 48 hours). The team will evaluate the reported content against our Terms and policies. We may also review related context (for example, preceding messages in a conversation) to understand the situation. If we determine that the content violates our Terms or is otherwise inappropriate, we will take appropriate action. Actions may include:removing or editing the offending content, issuing a warning to the user responsible, temporarily suspending the user’s account, or in serious/repeated cases, permanently terminating the user’s account. We may also escalate certain matters to law enforcement if the content involves illegal activity (such as child exploitation material or credible threats of violence). If the reported content is found not to violate our guidelines, we will typically take no action against it (though we may still choose to delete it if it’s problematic in other ways). We strive to be fair and objective in our review, and all decisions are made at DarLink’s sole discretion.
3. Notice and Right of Reply: If content you have posted is removed or modified by us due to a complaint, or if your account is affected (suspended or terminated) as a result of a content report, we will, where feasible, notify you of the action taken and the general reason (e.g., “your account was suspended for harassment” or “your post was removed for hate speech”). If you believe that our action was in error or unjust, you have the right to request a secondary review. To do so, please contact us atcontact@darlink.ai with the subject “Content Removal Appeal” (or similar). Provide any relevant information or evidence to support your case – for example, why you believe the content did not violate the Terms, or context that may not have been evident in the initial review. Our team will then re-evaluate the decision. We cannot guarantee a reversal, but we will consider your explanation in good faith. The outcome of the appeal (whether to uphold the action or reinstate the content/account) will be communicated to you. Please note: decisions involving clear violations (especially those concerning user safety or illegal content) are unlikely to be reversed.
4. Confidentiality of Reports: We treat the identity of individuals who report content as confidential. When you submit a complaint or report, we will not disclose your identity to the user whose content is being reported unless required by law or with your explicit permission.We understand that reporting can be sensitive, and users should feel safe in reporting problems without fear of retaliation. However, please be aware that in some cases the nature of a complaint might indirectly reveal who made the report (for example, if you are the only participant in a private chat with the reported user). We will not confirm the details of any action taken to anyone except the account holder(s) involved. For example, if you report someone’s content, you will not necessarily be informed of the specific action we took against that person’s account due to privacy considerations.

By using DarLink, you agree to this content complaint procedure. We value the help of our users in identifying and addressing issues, and we encourage you to report responsibly. This procedure is aimed at fostering a community where everyone feels safe and respected.

7. Intellectual Property Rights

7.1 DarLink’s Intellectual Property: The Service (including all content and materials provided by us) is protected by intellectual property laws.DarLink and its licensors retain all rights, title, and interest in and to the Service and its content, including (but not limited to) all software, code, text, graphics, logos, button icons, images, audio clips, video, design, databases, and software compilations. This also includes all DarLink trademarks, service marks, logos, and trade dress, whether registered or unregistered (collectively, “Marks”). Nothing in these Terms grants you any rights to use any of DarLink’s intellectual property, except as expressly allowed for using the Service. You may not copy, modify, distribute, create derivative works of, publicly display, publicly perform, republish, or transmit any part of the Service except as permitted by us in writing. All rights not expressly granted to you are reserved by DarLink. Our Marks may not be used in connection with any product or service without our prior written consent, and you may not remove or alter any copyright, trademark, or other proprietary rights notices contained in or delivered via the Service.

7.2 User Content License to DarLink: While you retain ownership of your own content as described in Section 5.4, you acknowledge that any content you provide to the Service may be used by DarLink as necessary to provide and improve the Service. This means that by submitting content, you grant DarLink a license as described in Section 5.4 above. For clarity, this license does not give us ownership of your content, but it does allow us to operate the Service (for example, to display your chats to you, to process data through our AI systems, to backup data, etc.), to enforce our rules (by reviewing or moderating content), and to improve or promote our services (by analyzing usage, showcasing general examples in marketing with your permission, etc.). We will not compensate you for such use of content that you submit, and you waive any “moral rights” or rights to approval for any changes we make to content for those uses, to the extent permitted by law.

7.3 Copyright Policy (DMCA): DarLink respects the intellectual property rights of others and expects users to do the same. It is our policy to respond to clear notices of alleged copyright infringement that comply with applicable laws (such as the U.S. Digital Millennium Copyright Act – “DMCA”). If you believe that content on our Service infringes your copyright, you (or your agent) may send us a written notice requesting that the allegedly infringing content be removed or access to it blocked. The notice must include the following information to be effective:

• Identification of the copyrighted work that you claim has been infringed (for example, the exact title of a song, article, image, etc., and a description if not obvious). If multiple copyrighted works are covered by your notice, you can provide a representative list of those works.
• Identification of the material that is claimed to be infringing and that you are asking us to remove or disable access to. Please provide sufficient detail (including a URL or screenshot, if applicable) to help us locate the content on the Service.
• Your contact information: Include your full name, mailing address, telephone number, and email address so that we can reach you if needed.
• A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner of the copyright (or that you are authorized to act on behalf of the copyright owner).
• Your physical or electronic signature. (Typing your full name at the end of your notice or emailing from an account associated with the copyright holder can count as an electronic signature).

Please send copyright infringement notices to DarLink’s designated Copyright Agent at:

Email: contact@darlink.ai (Subject line: “DMCA Notice”)

Upon receipt of a valid notice, we will review it and take whatever action we deem appropriate, which may include removal of the challenged content from the Service (temporarily or permanently) and/or terminating the account of the user responsible for the content (particularly in cases of repeat infringement). We may notify the user who posted the content about the removal and provide them with a copy of your notice (including your name and email, per the DMCA requirements).

Counter-Notification: If your content was removed due to a copyright notice and you believe it was mistakenly removed (for example, as a result of misidentification or a fair use claim), you may send us a counter-notice. To be effective, a counter-notification must be a written communication that includes:

• Identification of the content that was removed and the location where it appeared before removal.
• A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.
• Your name, address, and telephone number.
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the courts of Switzerland if your address is outside the United States), and that you will accept service of process from the person (or their agent) who provided the original infringement notice.
• Your physical or electronic signature.

If we receive a valid counter-notice, we may restore the removed content in accordance with applicable law (for example, under the DMCA, restored after 10 business days unless the original complainant files a court action to restrain the user). Please note that filing a false notice or counter-notice could make you liable for damages and legal fees. If you are unsure whether certain material infringes someone’s copyright or whether a counter-notice is appropriate, you may wish to seek legal advice.

7.4 Repeat Infringers: DarLink will, in appropriate circumstances, terminate user accounts that are determined to be repeat infringers of intellectual property rights. A repeat infringer is a user who has been notified of infringing activity more than once and/or has had content removed from the Service more than once due to copyright violations.

7.5 Trademarks: All trademarks, logos, service marks, and trade names displayed on the Service are the property of DarLink or their respective owners. You are not permitted to use any of these marks without the prior written consent of DarLink or the third-party owner of the mark.

8. Links to Third-Party Websites or Services

The Service may contain links to or integrations with third-party websites, products, or services that are not owned or controlled by DarLink (for example, a link to an article, an app store listing, or content hosted by someone else). These links are provided for your convenience or as part of user interactions, but we do not endorse or assume any responsibility for any third-party sites or services. If you click on a third-party link or access an external service via DarLink, be aware that you are leaving our Service and that these Terms (and our Privacy Policy) will no longer apply. The terms and policies of the third-party will govern your use of their services.

We are not responsible for the content, accuracy, opinions, or statements on third-party websites, or for the privacy practices or other actions of those third parties. Inclusion of any link or integration does not imply approval or endorsement by us. You access and use third-party websites or services at your own risk.

We recommend that you review the terms of service and privacy policy of any third-party site or service that you visit or utilize. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that DarLink is not liable for any loss or claim you may have against a third party.

9. Third-Party Account Integration (Networking Services)

DarLink may offer you the ability to create an account or log in using third-party services (“Networking Services”) such as your email provider, Apple ID, Facebook, or Google account. This feature is provided for your convenience (e.g., to simplify account creation or login). If you choose to connect or log in via a Networking Service, you understand and agree to the following:

• Authorization: You will be asked to grant DarLink permission to access certain information from your third-party account (such as your name and email address, and possibly other information as described at the time of login). Granting this permission is necessary to authenticate your identity and set up your DarLink account via the third-party service.
• Use of Information: Any information we receive from the Networking Service will be handled in accordance with our Privacy Policy. We will only use the information necessary to facilitate your login/registration and to integrate your experience (for example, using your Google email to send you updates if that’s your login email).
• Third-Party Terms:Your use of any Networking Service is subject to that service’s own terms and privacy policy. For example, if you choose to log in with Google, Google’s Terms of Service and Privacy Policy apply to your use of Google’s authentication service. DarLink has no control over the data handling or practices of these third parties. Any information that the third-party service collects or uses outside of what is shared with DarLink is governed by their policies, not ours. We do not take responsibility for the actions or omissions of any third-party service.
• Security and Credentials:We do not receive or store your third-party login password. Authentication is handled by the third party, and they simply verify to us that you are who you claim to be (and share some basic info).It is your responsibility to safeguard your third-party account credentials. If your third-party account is compromised, someone could potentially gain access to your DarLink account. Always use strong, unique passwords and enable two-factor authentication on your third-party accounts when possible.
• Disconnecting:If you wish to disconnect a Networking Service from your DarLink account, you can do so in your account settings (if available) or by contacting our support team. Note that if you signed up solely via a third-party login and did not set a separate DarLink password, you may need to set a password or use a different login method after disconnecting the third-party service.

DarLink is provided independently of any third-party login providers. Therefore, DarLink is not liable for any issues arising from your use of third-party account services, and the relationship between you and that third party is not governed by these Terms.

10. Indemnification

You agree to defend, indemnify, and hold harmless DarLink, its parent company (FameLink SA), affiliates, licensors, and each of their respective officers, directors, employees, contractors, and agents (collectively, the “DarLink Parties”) from and against any and all claims, suits, actions, demands, disputes, allegations or investigations, and all resulting losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and legal costs) that arise out of or are related to: (a) your use or misuse of the Service, including any content you create, submit, or receive through the Service; (b) your violation of these Terms or of any law, regulation, or the rights of any third party in connection with your use of the Service; or (c) any misrepresentation made by you. You agree to cooperate as fully required by us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (in which case, you agree to cooperate with our defense of those claims). You must not settle any such claim or matter without the prior written consent of DarLink.

This indemnification obligation will survive the termination of your account and these Terms. This means even if you stop using the Service or delete your account, you will still be responsible for any obligations arising from your use during the time you were a user.

11. Limitation of Liability

To the fullest extent permitted by applicable law, the DarLink Parties (as defined in Section 10) shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages whatsoever, or any loss of profits, loss of data, loss of goodwill, business interruption, or other intangible losses, arising out of or related to your access to or use of (or inability to access or use) the Service, even if a DarLink Party has been advised of the possibility of such damages. This limitation of liability applies to all theories of legal liability, whether based in contract, tort (including negligence), strict liability, warranty, or any other legal theory.

Without limiting the above, the DarLink Parties shall not be liable for any damages resulting from: (i) any errors, mistakes, or inaccuracies of content (including any AI-generated content from a Virtual Friend); (ii) any personal injury or property damage resulting from your access to or use of the Service; (iii) any unauthorized access to or use of our servers or of any personal or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojans, or other harmful code that may be transmitted to or through our Service by any third party; (vi) any content that is defamatory, offensive, or illegal that you may encounter on our Service; or (vii) the conduct or content of any user or third party on the Service.

If you are dissatisfied with any portion of the Service or with these Terms, your sole and exclusive remedy is to discontinue use of the Service. In no event will the cumulative liability of the DarLink Parties to you for all claims relating to the Service exceed the total amount you have paid (if any) to DarLink for the Service during the twelve (12) months immediately preceding the date on which the first claim arose. If you have not paid DarLink any monies in that time, DarLink’s cumulative liability to you shall be zero.

Because some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, some of the above limitations may not apply to you. In such jurisdictions, the liability of the DarLink Parties will be limited to the greatest extent permitted by law.

12. Disclaimers

Use At Your Own Risk: Your use of the Service is at your sole risk. The Service (including all content, functions, and features made available through it) is provided on an “ASAS IS” and “ASAS AVAILABLE” basis, without warranties of any kind.DarLink (including all DarLink Parties) expressly disclaims all warranties, representations, and conditions of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no guarantee that the Service will meet your requirements or expectations.

No Guarantee of Service Quality or Availability: DarLink does not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any defects or errors will be corrected. We do not warrant that the Service will be compatible with your devices or that the Service (or any content obtained through the Service) will be free of viruses or other harmful components. You assume all risk for any damage to your device or loss of data that results from accessing or using the Service.

Content and Interactions: You understand that when using the Service, you may be exposed to content that you might consider offensive, indecent, inaccurate, or otherwise objectionable. DarLink is not responsible for the content of users or Virtual Friends, and such content does not necessarily reflect the opinions or values of DarLink. We do not guarantee the accuracy, integrity, or quality of any information or advice presented by the AI Virtual Friends. Interactions with Virtual Friends may sometimes produce unpredictable or incorrect responses; we disclaim any liability for actions you take in reliance on information obtained through the Service. Use your best judgment when following any suggestions or responses from the AI, and always consider seeking professional advice when appropriate.

No Responsibility for User Actions: You acknowledge that DarLink cannot control the behavior of users of the Service. We do not guarantee that other users are who they claim to be or that they will behave in a safe or trustworthy manner. We are not responsible for any conduct, whether online or offline, of any user or third party. This includes any interactions between users (if our Service allows user-to-user interaction, such as in a community forum or if users share content), as well as any communications or meetings that might happen outside the Service. You are solely responsible for your interactions with others and for taking precautions when communicating or meeting with anyone (just as you would in any social network or online platform).

Information You Share: Any personal information or content you voluntarily share or disclose on the Service (whether in a public profile, in chats, or elsewhere) is shared at your own risk. We cannot control how other users might use that information. We are not responsible for the use or misuse of any personal information that you disclose in using the Service. We urge you to be cautious about sharing sensitive personal details about yourself (such as your address, financial information, health information, etc.) on the Service, especially in any area that might be accessible to others.

Not Liable for Off-Service Interactions: If you choose to engage with DarLink outside of the official Service (for example, through any unofficial third-party tools or communities, or if you choose to meet in person with someone you encountered through DarLink), DarLink is not responsible for any outcomes. Always exercise caution and common sense in any such scenario. DarLink does not conduct background checks or verification on users – proceed at your own discretion.

In summary, we make no warranties or representations about the Service, and we assume no liability or responsibility for any issues arising from your use of the Service, to the fullest extent permitted by law. Some jurisdictions may not allow the exclusion of certain warranties or the limitation of liability as stated in Sections 11 and 12, so some of these disclaimers may not apply to you. However, in such case, all other provisions remain in full force and effect.

13. Governing Law and Dispute Resolution

Please read this section carefully, as it outlines how disputes between you and DarLink will be resolved, including mandatory arbitration and waivers of class actions for users in certain jurisdictions.

13.1 Non-U.S. Residents (Governing Law and Arbitration in Switzerland): If you are using the Service outside of the United States, these Terms and any dispute or claim arising out of or related to these Terms or your use of the Service shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles. In the event of any controversy or claim not resolved through informal negotiation, you and DarLink agree to submit to binding arbitration in Geneva, Switzerland, under the rules of the International Chamber of Commerce (ICC). The arbitration will be conducted in the English language by a single arbitrator appointed in accordance with those rules. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party will bear its own arbitration fees and costs, and the parties will equally share the arbitrator’s fees, unless the arbitrator decides otherwise in the award. Before initiating arbitration, you agree to first attempt to resolve the dispute informally by contacting us at contact@darlink.ai and providing a brief written description of your dispute and your contact information (the “Dispute Notice”). We will use good faith efforts to resolve the dispute informally. If a resolution is not reached within 30 days after the Dispute Notice is received, either party may commence the arbitration.

13.2 U.S. Residents (Governing Law and Arbitration in the USA): If you are a userlocated in the United States, these Terms and any dispute or claim arising out of or relating to these Terms or your use of the Service shall be governed by the laws of the State of New York, USA (excluding its conflict of law rules). You and DarLink agree that any dispute, claim, or controversy between us (whether based in contract, tort, statute, misrepresentation, or any other legal theory) that is not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in New York, New York, USA, and will be conducted in English before a single arbitrator. You and DarLink each agree to commence arbitration only after providing the Dispute Notice and attempting informal resolution as described above for non-U.S. disputes (the same 30-day informal resolution period applies). The AAA’s rules will govern payment of filing, administrative, and arbitrator fees. If you are an individual using the Service for personal use, the AAA’s Consumer Arbitration Rules may limit the costs you have to pay; if the arbitrator finds that costs of arbitration will be prohibitive compared to litigation, DarLink will pay as much of your filing and arbitration fees as the arbitrator deems necessary to ensure the arbitration proceeds. The arbitrator will have authority to award temporary or permanent injunctive relief and any other remedy available in individual litigation. The arbitrator’s award can be confirmed in any court of competent jurisdiction.

13.3 Exceptions – Intellectual Property and Equitable Relief: Notwithstanding the above arbitration provisions, either party may bypass arbitration and assert claims in court solely for equitable or injunctive relief: (a) to protect intellectual property rights (for example, you can file a lawsuit if you believe your copyrighted work is being used in violation of these Terms, or we can go to court to prevent unauthorized use of our trademarks or confidential information); or (b) to prevent immediate, irreparable harm (for example, a temporary restraining order in case of hacking, data breach, or other urgent harm). In such cases, either party may seek relief in any court of competent jurisdiction without first engaging in arbitration or the informal dispute resolution process.

13.4 Waiver of Class Actions: To the fullest extent permitted by law, all users (both in the U.S. and elsewhere) agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis and not as a class action or collective action. You hereby waive the right to participate as a plaintiff or class member in any purported class action, collective, consolidated, or representative proceeding against us. Further, unless both you and DarLink agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unlawful or unenforceable as to certain claims, then (subject to the next sentence) those claims shall be severed and proceed in court, and any remaining claims will proceed in arbitration. If a claim is brought seeking public injunctive relief and a court determines that the restrictions in this Section 13.4 are unlawful or unenforceable as to that claim, then that public injunctive relief claim shall be severed and stayed pending arbitration of the remaining claims.

13.5 Additional Provisions:

• Opt-Out: If you are a new user, you have the right to opt out of the arbitration and class action waiver provisions of Section 13 by sending a written notice of your decision to opt out to contact@darlink.ai with the subject line “Opt-Out of Arbitration” or by physical mail to our address listed in Section 15. This notice must be sent within 30 days of your first use of the Service or creation of an account (whichever comes first). If you opt out of these provisions, DarLink is also not bound by them in relation to you.
• Severability: If any portion of this Section 13 (except for the class action waiver) is found to be unenforceable or unlawful for any reason, that portion shall be severed and the remainder of this Section shall remain in full force and effect. If the class action waiver is found unenforceable, Section 13 in its entirety (except for this sentence) shall be null and void. This arbitration agreement will survive the termination of your relationship with DarLink.

Summary: This dispute resolution section means that you and DarLink agree to resolve most disputes through binding arbitration on an individual basis, rather than in court, except for certain exceptions. Arbitration is typically more informal, faster, and less expensive than a lawsuit in court, but there is no judge or jury and the ability to appeal is limited. By agreeing to these Terms, you are waiving your right to a trial by jury and your right to participate in class actions, as set forth above.

14. Privacy

Your privacy is important to us. Please review our Privacy Policy (available on our Website) to understand how we collect, use, disclose, and safeguard your personal information. The Privacy Policy is incorporated into these Terms by reference (meaning that it is legally part of these Terms). By using the Service, you consent to the collection and use of your information as outlined in the Privacy Policy. If you do not agree with our Privacy Policy, do not use the Service.

In general, we collect the information you provide to us (like account details and content of chats) and information from your device (like usage data and device identifiers) to operate and improve DarLink. We implement security measures to protect your data, but we cannot guarantee absolute security. We may share your data with service providers or if required by law, as detailed in the Privacy Policy. We do not sell personal data to unrelated third parties for their marketing. Please refer to the Privacy Policy for comprehensive details about data practices, including any rights you may have under applicable law (for example, GDPR or CCPA rights for deletion or access, etc.).

By accepting these Terms, you acknowledge that you have read and understood the Privacy Policy.

15. Descriptor

All payments made on this website will appear on your bank or card statement under the name DARLINK AI. If you have any questions about a charge, please contact our support team before opening a dispute with your bank.

16. Contact Us

If you have any questions, concerns, or feedback about these Terms or the Service, please feel free to reach out to our support team. We are here to help and answer any inquiries.

Contact Information:

FameLink SA (operator of DarLink)

CHE-443.347.069 (Switzerland Company Registration)

Les Mengartes 37, 2828 Montsevelier, Jura, Switzerland

Email: contact@darlink.ai

You can also find additional support resources or contact options on our Website under the Support or Contact section.