Terms of Service
Welcome to MyGirl! We are happy to have you here. These Terms of Service ("Terms") govern your use of MyGirl and the software, content and services (namely, "Services") offered through our mobile application "MyGirl" on Android (the "Apps").
The terms "MyGirl", "us", "our" or "we" refer to IceOrange,
The term "you" refers to the user of the Services.
The term "device" refers to the device which is used to access the Services including but not limited to smartphones and tablets.
We strongly advise you to read these terms carefully before you start using our Services!
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. If you do not agree to these Terms, please refrain from using the Services entirely.
Our contact e-mail address in reference to these Terms is lecheng2019@gmail.com. All correspondence to MyGirl in reference to any queries you may have about these Terms should be sent to this contact e-mail address.
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. YOU AND MyGirl, WITH THE EXCEPTION OF CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND MyGirl WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Our Services
1.1 MyGirl offers its users a companionship application based on Artificial Intelligence technology to provide entertainment. Note that MyGirl is NOT a healthcare or medical device provider, nor should our Services eve rbe considered medical care, mental health services or other professional services.MyGirl makes no claims, representations or guarantees that the Services provide a therapeutic benefit.
1.2 We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that MyGirl will not be liable to you or to any third party for any modification, suspension or discontinuance of any Services.
1.3 Should you be under any situation considered an emergency, you are advised to call 911 or go to the nearest open clinic or emergency room. If you are considering or comitting suicide or feel that you are a danger to yourself or others, you must discontinue use of the Services immediately, call 911 or notify appropriate policy or emergency medical personnel.
1.4 For use of our Services, you agree that you are over the age of 18. If you are under the age of 18, you are NOT authorized to use the Services.
1.5 Our Services are available via mobile devices only. You are responsible for any charges incurred for accessing and/or using our services via internet connection or mobile data. We advise you to ask your mobile operator or internet service provider if you are unsure what these charges will be before you access and/or use our Services.
2. MEMBERSHIP & SUBSCRIPTIONS
2.1 When using our Services, you will be required to register/create an account with MyGirl and become a member in order to access the Services. You agree that you shall take all steps necessary to protect your credentials and keep them secret.
2.2 You agree that you shall not give your log in credentials to anyone else or allow anyone else to use your log in credentials or account. MyGirl will never be liable for any loss or damage you may incur from failing to keep your log in credentials secret.
2.3 If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form in-app. These information/data is governed by our Privacy Policy.
2.4 As a MyGirl member, you will receive access to features, content and functions of the Services that are not available to non-members.
2.5 You understand that if you delete your account or send us a request for data deletion, you will lose access to any and all data previously associated with your account.
2.6 Once you become a Lover AI member, you can choose one of the three subscription programs offered in MyGirl:
a. FREE MEMBER: This is the standard membership that all new users are given. A free-of-charge membership, which gives limited access to the Services. This membership is designed for users who cannot afford any of our subscription-fee based programs. We reserve the right to deny the free use to anyone at any time on our discretion.
b. PRO MEMBER: A subscription-fee based membership, which gives partial access to the Services. You can become a PRO MEMBER by purchasing a subscription program (herein "Paid Subscriptions") to the Services within the Apps, where allowed by the App marketplace partners (Currently, Google Play store).
c. PRO PLUS MEMBER: A subscription-fee based membership, which gives full access to the Services.
2.7 Our paid subscription plans may include monthly, annual or lifetime installments. Subscription plans are processed by Google Play store. Please note that your access to your Paid Subscriptions is contingent on you keeping it active and up to date. Should you fail to provide payment within 14 days after the due date ("grace period"), you will be automatically downgraded to FREE MEMBER. Our paid subscription plans are set on auto-renewal, therefore they will be automatically billed to the payment method provided through Google Play store until canceled. You must cancel your paid subscription plan before it renews to avoid getting charged the next renewal fee. You can modify/cancel your subscription by going to your Google Play account settings.
2.7.1 All Paid Subscriptions purchased are considered FINAL. Please note that we are unable to process any refund requests. Your purchases are still subject to Google's payment policy, which may or may not provide you a refund. FOR EU RESIDENTS ONLY: The EU Omnibus Directive law (otherwise known as "right of withdrawal" and "minimum 14-day refund policy") does NOT apply for the access provided to the Services.
2.8 You agree that your use of the Services is at your sole risk and is provided "as is". We expressly disclaim all warranties of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We make no warranties that the Service will meet your requirements, that the Service will be uninterrupted or error free or that the results obtained from the use of the Service will be accurate or reliable.
3. MEMBERSHIP CANCELLATION
3.1 You may cancel your membership at any time, for any reason. You may do so by deleting your account within the App. WARNING: THIS ACTION IS PERMANENT AND IRREVERSIBLE. All the data associated with your membership and use of the Services will be permanently lost.
3.2 Upon membership cancellation, you must cancel your paid subscription by going to your account settings in Google Play store, under Subscriptions. Note: Deleting your account does not automatically cancel any active paid subscription. Please do not assume so under any circumstances. It is recommended to first cancel your paid subscription before cancelling your membership.
3.3 We reserve the right to terminate or suspend your use of the Services as a result of fraud or breach of any of the Terms at any time with or without notice.
4. BINDING ARBITRATION AND CLASS ACTION WAIVER
5.1 These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions (referred to as "Arbitration Agreement) apply to all Disputes between you and MyGirl relating to these Services. You agree that any and all disputes or claims that have arisen or may arise between you and Soulmate originating out of or relating to these Terms Of Services or any other transaction involving you and Soulmate, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis shall be resolved exclusively through final and binding arbitration, instead of a court, in accordance with the terms of this Arbitration Agreement.
5.2 Initial Dispute Resolution: If you have any concerns or queries regarding our Services, our relevant support team can be reached at lecheng2019@gmail.com. Most concerns are resolved in this matter within an estimated time-frame that is not to exceed 30 days from the time informal dispute resolution is pursued. You and Lover AI shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
5.31 Unless MyGirl and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties. Both parties must give due consideration to their ability to travel and other pertinent circumstances. However, if both parties are unable to agree on a location, the determination shall be made by AAA.
5.32 This Arbitration Agreement shall survive termination of this agreement.
5.33 If you or MyGirl commences arbitration, you and MyGirl agree that all disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Arbitration Agreement and must follow applicable law. The arbitrator, and NOT any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this agreement is void or voidable.
5.34 The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PRIVACY POLICY ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
5.36 Unless otherwise stated, MyGirl agrees that if it makes any future change to this Arbitration Agreement while you are a user of the Services, you may reject any such changes by sending MyGirl written notice within 30 calendar days of the change to the following address: 30 N Gould St Ste N Sheridan, WY 82801 USA. Please note that by rejecting any future changes, you are agreeing that you will arbitrate any dispute between you and MyGirl in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms Of Service or accepted any subsequent changes to these Terms Of Service.