Last Modified July 4, 2024

Welcome to Dream Companion!

These Terms of Use ("TOU") set forth the guidelines for using our website located at: https://www.mydreamcompanion.com/ (the "Website").

Before you access or use the Website or Services, you ("You") must thoroughly review and agree to these TOU. It is crucial to understand your rights, obligations, and limitations while using the Website and Services. If you have any questions or need further information about the TOU, please contact us for clarification.

Please be aware that the Website and Services are intended for individuals who are at least 18 years old. If you are under 18, you are prohibited from using or attempting to access the Website or Services in any capacity. For additional details, please refer to our Underage Policy available at: https://www.mydreamcompanion.com/underage-policy/.

To get started, you need to either select an AI character to interact with or create your own AI character (including both physical and personal attributes) using our algorithms. Once you have chosen your character(s), you can initiate a conversation.

By accessing or using the Website, you agree to comply with these Terms and Conditions. Your access or use of the Website constitutes acceptance of our Terms and Conditions and Privacy Policy.

If you do not agree with our Terms and Conditions, please discontinue using our Website immediately as you will be unable to access any part of our Services.

1. ABOUT Dream Companion

The Website is operated by Miracle AI UG (haftungsbeschränkt), a company registered in Germany with its main office at Grolmanstraße 40, 10623 Berlin, Germany ("Dream Companion", "We", "Us", "Our").

Dream Companion aims to provide users with the ability to create and interact with characters through the use of a generative artificial intelligence (AI) chat function. Users can design their own characters or engage with characters created by others.

Additionally, Dream Companion can produce images based on text descriptions. While we make efforts to ensure the appropriateness and safety of these images, we cannot guarantee their accuracy or realism. We are not liable for any issues that may arise from the use of this image generation feature, and we encourage users to use it responsibly.

To utilize our Services, users must register for a Dream Companion account using either a social login (such as Discord or Google) or an email address and password.

Our core Services are free, providing users with basic functionalities. Users can purchase additional credits to unlock a broader range of features, as detailed on our Website. These purchases are intended to enhance the overall user experience.

For instance, users of the free core Services can create up 1 character and send a limited number of messages, typically between 10 to 20. Once this limit is reached, further interaction is restricted. However, users can earn extra credits by completing certain tasks, as outlined here: How to earn free credits. Paid subscribers enjoy additional benefits, such as the ability to generate more characters and receive 100 Dream Coins (Credits) to create images or characters on the platform. Each use of these services costs between 3 to 20 Dream Coins.

2. YOUR AGREEMENT TO THESE TOU

By agreeing to these Terms of Use (TOU) and using the Website or Services, you confirm and guarantee that: (i) you are at least 18 years old and possess the full legal capacity to accept and comply with these TOU; (ii) you commit to following all the provisions laid out in these TOU in good faith; (iii) you have never been previously banned or restricted from using our Website or Services for any reason.

Please note that in addition to accepting these TOU, you must also review, understand, and explicitly agree to our Privacy Policy and Community Guidelines to access and use the Website or Services.

If you do not agree with these TOU, our Privacy Policy, Community Guidelines, or any other policies that govern the use of the Website or Services, we request that you refrain from using the Website or Services. Furthermore, please promptly delete any downloaded applications and related content.

3. CHANGES AND NOTIFICATIONS

We reserve the right to alter or discontinue the Website or Services (or any part thereof), either temporarily or permanently, with or without prior notice to you. We are under no obligation to maintain or update the Website or Services. By using the Website or Services, you acknowledge and agree that Dream Companion will not be liable to you or any third party for any changes, suspension, or discontinuation of the Website or Services.

Unless explicitly stated otherwise, any new features that enhance or augment the current Website or Services will be subject to these TOU. We retain the right to update these TOU at any time. We recommend that you review these TOU each time you use the Website or Services. Your continued access and use of the Website or Services signifies your acceptance of the latest version of these TOU. In the event of substantial changes to these TOU, we will notify you upon accessing the Website or Services and/or via email if an email address is available.

4. CONNECTION BETWEEN TOU AND PRIVACY POLICY

While these TOU govern your use of the Website and Services, our Privacy Policy details how we collect, use, and protect your personal information. Additionally, our Community Guidelines set the standards for user behavior and interactions. Together, the TOU, Privacy Policy, and Community Guidelines constitute binding agreements that regulate your engagement with the Website and Services.

In addition to the Terms of Use, Privacy Policy, and Community Guidelines, we have established several other policies to ensure a safe and enjoyable experience for all users. These include the Blocked Content Policy, DMCA Policy, Complaint Policy, Refund Policy, Cancellation Policy, and Underage Policy.

5. LINKS TO AND FROM THE SERVICE[a]

The Service may include links to third-party websites and digital platforms, such as applications and social media sites, which are not owned or controlled by Miracle AI UG (haftungsbeschränkt) or Dream Companion. Miracle AI UG (haftungsbeschränkt) and Dream Companion do not manage these third-party platforms and are not responsible for their content, privacy practices, or actions. Your interactions with these platforms are at your own risk and discretion. These links are provided purely for informational and convenience purposes and do not signify any endorsement, support, or affiliation with the content on these third-party platforms or their operators. Additionally, Miracle AI UG (haftungsbeschränkt) and Dream Companion do not and will not monitor or alter the content of any third-party website or digital platform.

By using the Website and Services, you explicitly release Miracle AI UG (haftungsbeschränkt), Dream Companion, and their affiliates, as well as their respective officers, directors, employees, representatives, stakeholders, licensors, licensees, and vendors (collectively referred to as the "Dream Companion Entities") from any liability arising from your interactions with any third-party website or digital service. You acknowledge and accept that the Dream Companion Entities are not responsible for any loss or damage resulting from engagements with any such third party. Therefore, we recommend exercising caution when navigating away from the Website and Services and thoroughly reviewing the terms and conditions of any external website or digital service you access.

Linking to the Website

Unless specified in a written agreement with Dream Companion, you are allowed to create a link to the Website from your site, provided the following conditions are met:

• You may not frame the Website or any part of it.

• You must not interfere with or disrupt the "back" functionality of an end-user's web browser.

• The link must not be placed on any site that is defamatory, harassing, obscene, malicious, or offensive, or presented in a way that damages Dream Companion’s reputation, rights, or goodwill.

We reserve the right to revoke your permission to link to the Website at any time, with or without providing a reason.

6. USER SUBMISSIONS

Users, including yourself, have the ability to provide feedback, comments, text, graphics, photos, videos, materials, data, communications, ideas, suggestions, techniques, or other interactions ("User Submissions") to the Website and Services. The platform may allow for the storage, distribution, and display of these User Submissions. For instance, users can upload text, images, and illustrations. While Dream Companion appreciates your input and suggestions, except for any personal information we may collect as described in our Privacy Policy, User Submissions will be treated as non-confidential and non-proprietary. You agree that regardless of whether these User Submissions are published, Dream Companion (1) does not guarantee the confidentiality of any User Submissions, (2) does not provide any compensation for User Submissions, and (3) is not obligated to acknowledge or display any User Submissions.

You are solely responsible for your User Submissions and the consequences of posting or publishing them. Dream Companion does not claim ownership of any of your User Submissions. However, by submitting User Submissions to Dream Companion, you grant Dream Companion and its successors, assignees, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers) and transferable license to use, reproduce, distribute, create derivative works from, display, perform, utilize, import, offer for sale, sell, and otherwise exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Website and Services and Dream Companion's (and its successors’, assignees’, and affiliates’) business operations, including but not limited to the promotion and redistribution of part or all of the Website and Services (and derivative works thereof) in any media formats and through any media channels. You further grant each user of the Website and Services a worldwide, non-exclusive, royalty-free license to access your User Submissions through the Website and Services, and to use, reproduce, distribute, create derivative works from, display, and perform such User Submissions as permitted through the functionality of the Website and Services and under these TOU.

Additionally, you agree that any derivative content, modifications, edits, or other changes to the User Submissions made by or on behalf of Dream Companion, its affiliates, successors, or assignees ("Modified Content"), will be the sole and exclusive property of Dream Companion. Dream Companion will own all rights, title, and interest in the Modified Content, including the right to register the copyright in the Modified Content and to use the Modified Content for any purpose at its discretion. You hereby assign, transfer, and convey to Dream Companion any and all rights, title, or interest you have or may be deemed to have in the Modified Content.

In connection with User Submissions, you represent and warrant that you will not: (1) transmit, submit, or post material that is protected by copyright, trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you own such rights or have permission from the rightful owner to post the material and to grant Miracle AI UG (haftungsbeschränkt) and Dream Companion all the license rights granted herein; (2) post falsehoods or misrepresentations that could damage Miracle AI UG (haftungsbeschränkt), Dream Companion, or any third party; (3) submit material related to gambling, gaming, sweepstakes, or any activity requiring an entry fee with a prize; or (4) transmit, submit, or post material that is inappropriate. You agree to pay all royalties, fees, and other payments due to any person because of your submission, posting, or transmission of User Submissions. Miracle AI UG (haftungsbeschränkt) and Dream Companion do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Miracle AI UG (haftungsbeschränkt), Dream Companion, and the Dream Companion Entities expressly disclaim any and all liability in connection with User Submissions.

Dream Companion prohibits the posting of content that infringes on copyrights, publicity rights, or other intellectual property rights on its Website and Services. Dream Companion will remove all content (including User Submissions) upon proper notification that such content or User Submission infringes on another's rights (see Section 11 below). Although Dream Companion may not regularly monitor User Submissions, it reserves the right to monitor, edit, modify, or remove content (including User Submissions) and to disable users without prior notice for any reason. Dream Companion also retains the sole discretion to determine whether any content (including a User Submission) complies with these TOU.

You understand that when using the Website and Services, you may be exposed to User Submissions from a variety of sources, and that Miracle AI UG (haftungsbeschränkt) and Dream Companion are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. By using the Website and Services, you expressly waive and release any legal or equitable rights or remedies you have or may have against Miracle AI UG (haftungsbeschränkt), Dream Companion, and the Dream Companion Entities with respect to such User Submissions. You agree to indemnify, defend, and hold harmless Miracle AI UG (haftungsbeschränkt), Dream Companion, and the Dream Companion Entities to the fullest extent allowed by law regarding all matters related to your use of the Website and Services.

7. USERS WHO VIOLATE TERMS OF USE OR COMMUNITY GUIDELINES

Dream Companion reserves the right, at its sole discretion, to deactivate, partially deactivate, or terminate the accounts of users who violate these TOU or the Community Guidelines. This includes, but is not limited to, the accounts of (1) users who post User Submissions that infringe on copyrights, trademarks, publicity rights, or other intellectual property rights, especially if done repeatedly; (2) users who fail to pay applicable fees for the use of the Website and Services; (3) users who provide false or inaccurate information; (4) users who breach these TOU, including any warranties; (5) users who violate our standards on adult nudity and sexual conduct or any other Community Guideline; and (6) users who misuse or dispute Dream Companion's rights in the Content.

8. LIMITATIONS ON USE OF THE SERVICE

When using the Website and Services, you are required to adhere to our Community Guidelines. Specifically, you must not:

• Utilize the Service for any purpose other than those expressly provided by Dream Companion.

• Copy, obtain, or distribute any part of the Service without Dream Companion's express written consent, except for the text from your personal interactions with the characters you've created.

• Modify, adapt, or create derivative works from any part of the Service without explicit written permission from Dream Companion.

• Resell, sublicense, distribute, or commercially exploit the rights granted to you under these Terms of Use or the Service.

• Alter, reproduce, share, retrieve, or use any Service content except for your lawful content published on or associated with the Service, and excluding the text from your personal dialogues with characters you've devised.

• Provide false personal information or create an account for someone else without authorization.

• Include another person in a photo without their consent.

• Create a new account after your account has been deactivated without our approval.

• Share your login details or permit others to use your account.

• Assign or transfer your account or login credentials to any other party.

• Use automated tools or crawlers with the Service, except for general-purpose internet search engines and non-profit public archives using tools solely for presenting hyperlinks to the Service.

• Publish, submit, or generate prohibited content, including confidential, false, threatening, defamatory, obscene, or illegal material as outlined in our Blocked Content Policy.

• Infringe on intellectual property rights or upload copyrighted material without permission.

• Use the Service in a manner that could harm or disrupt the Service or other users' experience.

• Access content via unauthorized means or promote gambling, contests, or misleading activities.

• Misrepresent your identity or gather private details of other members.

• Send unsolicited communications or engage in disruptive activities or spam.

• Remove or interfere with advertisements associated with the Service.

• Encourage users to join or contribute to entities other than Dream Companion.

• Introduce harmful software or viruses, intimidate, harass, or endanger minors.

Dream Companion will fully cooperate with law enforcement agencies or court orders requiring the disclosure of anyone violating these Terms of Use. We prioritize the online safety of children and do not knowingly collect information about children under 18 years old. Therefore, refrain from posting any personal data or information identifying a child under 18 years old on or through the Website and Services. If you are under 18 years old, please do not attempt to provide information or use the Website and Services.

9. INTELLECTUAL PROPERTY

All content on the Website and Services, including but not limited to graphics, videos, audio clips, text, software, photos, scripts, interfaces, artistic elements, templates, design structures, and interactive functionalities ("Content"), as well as trademarks, service marks, and logos ("Marks"), are either owned by or licensed to Dream Companion. These are protected by German, European Union, United States, and international intellectual property laws and treaties.

Dream Companion holds the copyright for the selection, organization, arrangement, and enhancement of the Content. Unauthorized use of materials on the Website and Services or the Marks may infringe upon copyright, trademark, and other legal rights. Dream Companion and the Dream Companion logo are trademarks of Miracle AI UG (haftungsbeschränkt), registered in Germany, Grolmanstraße 40, 10623 Berlin Germany.

You are allowed to view, duplicate, and print pages from the Website and Services for personal use. However, any duplication, download, modification, reproduction, distribution, display, performance, broadcasting, transmission, or exploitation of the Website and Services without prior written consent from the respective owners is strictly prohibited. Dream Companion retains all rights not expressly granted concerning the Website and Services, the Content, and the Marks. You agree not to use, copy, download, or distribute any Content unless explicitly allowed herein, including for commercial purposes related to third-party User Submissions accessed via the Website and Services.

Except for the text from chats you have initiated with characters you created on Dream Companion, integrating, broadcasting, or conveying the Content through any software or hardware platform, frames, or in-line links without explicit written permission from Dream Companion is prohibited. Creating, reproducing, promoting, or disseminating an index of significant parts of the Content without written consent is also prohibited. Using the Content to establish any form of business is forbidden. If you duplicate, screenshot, download, or print portions of the Content for personal use, you must retain all embedded copyright and proprietary notices.

You agree not to bypass, disable, or otherwise interfere with Website and Services security features or those that limit the use or copying of any Content. Scraping or extracting data from the Website and Services is strictly prohibited.

ADVERTISEMENT DISCLAIMER AND LIABILITY RELEASE

Please note that Miracle AI UG (haftungsbeschränkt) and Dream Companion do not assume responsibility for advertisements or any third-party content displayed or transmitted through the Website and Services. The presence of services provided by advertisers or other content on the Website and Services ("Advertisers") does not imply endorsement. Any interactions you have with Advertisers on the Service are strictly between you and the Advertisers. Miracle AI UG (haftungsbeschränkt) and Dream Companion are not liable for any losses or claims you might incur as a result of dealings with an Advertiser.

By using the Website and Services, you explicitly agree to release Miracle AI UG (haftungsbeschränkt), Dream Companion, and the Dream Companion Entities from any claims, demands, or damages arising from or connected to your use of the Website and Services and your interactions with Advertisers or other third parties. Additionally, you voluntarily waive any rights and benefits that might be provided by any law intending to limit the extent of such a release or waiver.

10. NOTICE AND PROCEDURE FOR FILING CLAIMS OF INTELLECTUAL PROPERTY VIOLATION

If you believe that any Content or User Submissions on the Website and Services infringe upon your copyright or violate your intellectual property rights, you have the right to issue a notice under the Digital Millennium Copyright Act ("DMCA"). To do so, please provide us with a written notification containing the following information (refer to 17 U.S.C. 512(c)(3) and 512(d) for specific details):

• Your physical or electronic signature.

• Identification of the copyrighted work claimed to be infringed or, if multiple works are involved, a representative list.

• Details identifying the infringing material or activity and information reasonably sufficient to locate it.

• Your contact information: address, telephone number, and email address, if available.

• A statement asserting your good faith belief that the use of the material is unauthorized by the copyright owner or law.

• A statement confirming the accuracy of the notification and your authority to act on behalf of the copyright owner.

Please direct DMCA notifications to:

Copyright Compliance Department
Miracle AI UG (haftungsbeschränkt)
Grolmanstraße 40, 10623 Berlin Germany
Phone: -
Email: info@mydreamcompanion.com

By issuing a DMCA notice, you acknowledge that false claims or misrepresentations may result in legal consequences. Additionally, please be aware that DMCA notifications should only be sent for instances of alleged copyright infringement or intellectual property rights violations.

11. PROTECTION OF TRADEMARKS AND CELEBRITY RIGHTS

Dream Companion is dedicated to addressing claims that any Content potentially infringes on trademarks or rights associated with celebrities. Trademarks include logos, brand names, and trade dress, which relate to the unique visual appearance of a product or its packaging.

It is important to recognize that celebrities, and sometimes others, may have a “right of publicity.” This means they have control over the commercial use of their name, image, likeness, and other personal identity elements. Even if you're a fan, using a celebrity's name or image on the Website and Services without explicit consent may infringe upon their rights.

If you are the holder of a trademark or a celebrity concerned about potential infringements on the Website and Services, please submit a claim of infringement to our representative, as mentioned in the earlier section. To file a claim, you must either be the celebrity or trademark holder, or an authorized agent acting on behalf of the celebrity or trademark owner. For claims related to trademark or trade dress violations, please provide documentation demonstrating your ownership of the trademark (for example, a trademark registration certificate issued by the relevant government authority). Additionally, specify the exact location on the Website or Services where you suspect the infringement is occurring.

12. ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, the information provided on the Website or Services may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any such errors, inaccuracies, or omissions and to modify or update information if any detail on the Website or Services or any associated website is found to be incorrect, at any time and without prior notice (including after your registration submission).

Please note that we do not undertake to review, correct, or update information within the Website or Services or any linked website unless legally required. The absence of a specific revision or update date within the Website or Services or any associated website should not be construed as an indication that all information within the Website or Services or linked website has been reviewed or updated.

13. REFUND POLICY

This Refund Policy ("Policy") outlines the refund procedures for Dream Companion subscriptions.

General Refund Policy Dream Companion does not offer refunds for paid subscriptions. However, in certain limited cases, a refund may be issued if there has been an error on our part or if a technical issue with the service arises.

Refunds for Subscriptions You need to contact Dream Companion support to request a refund. Each request will be reviewed on a case-by-case basis, and refunds may be granted if there is a valid reason.

Restrictions on Refunds Dream Companion reserves the right to deny any refund request deemed frivolous, unreasonable, or not in compliance with this Policy.

Compliance with Local Refund Policies Dream Companion's refund policy does not intend to override any stricter refund policies that may be in place in the user's country. Users are entitled to the benefits of their local policies if they are more stringent than Dream Companion's policy.

Effective Date and Modifications This Policy is effective as of the date indicated above. We may modify this Policy at our discretion. Please review this Policy periodically for any changes. Continued use of Dream Companion after any changes to this Policy will signify your acceptance of those changes.

Contact Us If you have any questions about this Policy, please contact us via Support or the "Contact" section on the Website.

14. WARRANTIES

You hereby assure and declare to Dream Companion the following:

• All information you provide to Dream Companion, whether on registration or application forms, profiles, emails, posts, phone communications, or via other methods - including personal and contact details and any other data - is accurate, current, and not misleading.

• You commit to maintaining the accuracy of the information provided as referenced above.

• You must accurately represent your own identity for payment purposes, account creation, and contact information. This includes providing correct information for your email address, phone number, name, and country. However, during role play chats with companions, you are permitted to use a fictional nickname, gender, and other background information, provided it is used in a legal and sincere manner.

• For any photographs, videos, or recordings you provide to the Website or Services, you have the consent of all individuals depicted to use their likeness and/or voice. Additionally, you have all necessary legal rights to grant the above license to Dream Companion.

• Your use of the Website or Services will comply with all applicable laws and be conducted in good faith.

• You will protect the confidentiality of your login credentials and password and will not disclose this information to unauthorized parties.

15. DISCLAIMERS

Your use of the Website or Services is entirely at your own discretion and risk. The Service is provided "AS IS" and "AS AVAILABLE." Dream Companion, along with its affiliated entities, do not provide any guarantees or assurances regarding the Website or Services, its content, or any interactions with advertisers or third parties.
Dream Companion and its affiliated entities expressly disclaim, to the fullest extent permitted by law, all warranties of any kind related to the Service or its content. This includes express, implied, statutory, or other warranties concerning the Website or Services, any software provided or licensed to you, and any agreements with third parties. This disclaimer includes, but is not limited to, implied warranties of availability, uninterrupted operation, security, accuracy, diligence, quality, merchantability, ownership, suitability for a particular purpose, functionality, and non-infringement of third-party rights, as well as warranties arising from trade practices, business dealings, and operational procedures.
Furthermore, Dream Companion and its affiliated entities do not warrant that: (a) The information on the Website or Services, or linked sites and applications, is accurate, complete, or current; (b) The Service will be uninterrupted or error-free; (c) The quality, safety, or legality of any content, goods, services, information, or other materials obtained through the Website or Services, or agreements made with third parties or advertisers, will meet your expectations; (d) The Service will be compatible with any other software, hardware, systems, or data not provided by Dream Companion; (e) Any errors on the Website or Services will be corrected; (f) The Website or Services comply with PCI compliance standards; or (g) Using the Service for SMS communications, emails, or other alerts complies with all applicable laws. Dream Companion and its affiliated entities disclaim liability for: Any errors, inaccuracies, or omissions in the content; Any personal injury or property damage, including data loss or corruption, resulting from your use of the Website or Services; Any unauthorized access to or use of our servers or any personal data, content, or information stored within;
Any interruptions or cessation of transmission to or from the Website or Services; Any bugs, viruses, malware, or harmful software that may be transmitted to or through the Website or Services by third parties; Any loss or damage incurred from using any content shared, emailed, transmitted, or otherwise made available through the Website or Services.

USER SAFETY DISCLAIMER

Dream Companion is a chatbot powered by Artificial Intelligence (AI) technologies and is not intended to replace human interaction.

If you are experiencing thoughts of self-harm, please contact a qualified mental health professional or reach out to a helpline in your area. Dream Companion is not responsible for any harm that may result from using the AI. We prioritize user safety and urge you to use the AI responsibly.

For immediate assistance, please contact a relevant helpline or mental health organization. Your well-being is important, and professionals are available to help.

16. INDEMNIFICATION

You acknowledge that Miracle AI UG (haftungsbeschränkt), Dream Companion, and their affiliated entities do not control or guarantee the quality, safety, or legitimacy of products or services offered by third parties or advertisers, nor the accuracy of content or listings provided by such parties, or their ability to complete transactions or services. By using the Website or Services, you agree to indemnify, defend, and hold harmless Miracle AI UG (haftungsbeschränkt), Dream Companion, and their affiliated entities from any claims, losses, liabilities, or legal fees arising from:

• Your use, access, or misuse of the Website or Services.

• Your failure to comply with these Terms and Conditions.

• Any violation of third-party rights, including copyrights, property rights, or privacy.

• Claims that your contributions caused harm to an indemnified party or another third party.

• Transactions resulting from connections made through the Website or Services.

• Any actions involving your online accounts, including any usage by you or anyone else using your credentials or information.

If legal action is taken by Miracle AI UG (haftungsbeschränkt), Dream Companion, or their affiliated entities due to your breach of these Terms and Conditions, you agree to pay all reasonable legal fees and expenses incurred by them, in addition to any other remedies they may be entitled to.

17. LIMITATIONS OF LIABILITY

Under no circumstances shall Miracle AI UG (haftungsbeschränkt), Dream Companion, or their affiliated entities be liable to you or any third party for damages arising from the use of the Website or Services or third-party products/services, including negligence, such as loss of profits, data, or opportunities. Miracle AI UG (haftungsbeschränkt), Dream Companion, and their affiliated entities bear no liability for:

• Interruption or unavailability of the Website or Services.

• Errors or misrepresentations of content.

• Personal injury or property damage resulting from service usage.

• Unauthorized use of servers or data.

• Transmission stoppages.

• Malfunctioning hardware.

• Malware or viruses from third parties.

• User inputs, content, or third-party websites/apps.

• Data breaches or alterations.

• Statements/behaviors of other users or entities on the Website or Services.

• Errors or oversights in content.

• Losses/damages from interactions with advertisers or content on the Website or Services.

• Any misuse or improper use of the Website or Services that is not in accordance with their intended purpose.

Our maximum liability for any claim related to the Website or Services is capped at the total amount you paid us in the preceding six (6) months. Please note that any claims related to the Website or Services must be made within one (1) year of the cause. Claims made afterward are void. Neither Miracle AI UG (haftungsbeschränkt), Dream Companion, nor their affiliated entities is in breach or liable for delays due to events beyond their control, including Force Majeure Events. We will make reasonable efforts to notify users of such events. In such circumstances, no liability shall arise due to the inability to perform obligations affected by the Force Majeure Event.

19. FOUNDATION OF THE AGREEMENT AND RISK ALLOCATION

You acknowledge and agree that Dream Companion has structured its services, established pricing, and framed these Terms and Conditions based on the warranty disclaimers and limitations of liability provided herein. These disclaimers and limitations are essential to these Terms and Conditions as they reflect a fair allocation of risk between you and Dream Companion. Without these specified limitations, Dream Companion would not be able to offer its services at a reasonable cost.

20. EQUITABLE RELIEF

If you breach these Terms and Conditions, we reserve the right to seek injunctive or other equitable remedies.

21. ASSIGNMENT

These Terms and Conditions, along with any rights and licenses granted hereunder, may only be transferred or assigned by you with Dream Companion's prior written consent. However, Dream Companion may assign these Terms and Conditions without restriction and without notifying you.

22. CLASS ACTION WAIVER

You agree that any disputes arising under these Terms and Conditions will be resolved on an individual basis and not as part of any class, collective, or representative action or proceeding. You waive any right to participate in or bring forth any claims as a plaintiff or class member in any class action, consolidated action, or representative action. In the event of any dispute, you agree that your recourse will be solely limited to an individual claim, and you waive any right to pursue any claims in any manner involving a class action, consolidated action, or representative action.

23. SUBPOENA FEES

If Dream Companion is required to provide information in response to a subpoena related to your account, we reserve the right to charge you for the associated costs. These costs may include expenses for attorney and employee time spent retrieving records, preparing documents, and participating in a deposition.

24. GENERAL

These Terms and Conditions constitute the entire agreement between you and Miracle AI UG (haftungsbeschränkt) and Dream Companion, replacing all prior agreements, declarations, or understandings regarding the subject matter hereof. If any provision of these Terms and Conditions is deemed invalid, void, or unenforceable by a court or relevant authority, such provision will be reduced or eliminated to the minimum extent necessary. It will be replaced with a valid provision that best represents the original intent of these Terms and Conditions, ensuring the agreement remains intact. Both parties acknowledge that they have not relied on any representations or assurances other than those expressly outlined in these Terms and Conditions. These Terms and Conditions do not confer any rights, remedies, obligations, or liabilities to any third party.

Miracle AI UG (haftungsbeschränkt) and Dream Companion's failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of that provision or any other. Any waiver of any provision will not be considered a continuing or subsequent waiver of such provision or any other.

You acknowledge that the service provided by Miracle AI UG (haftungsbeschränkt) and Dream Companion is based solely in Berlin, Germany, and is considered a “passive service.” This means the service is offered online without actively targeting or directing its operations towards users in any particular location outside Germany. The mere access or use of the Website or Services by individuals in various locations worldwide does not imply that Miracle AI UG (haftungsbeschränkt) and Dream Companion purposefully direct their activities toward those locations or seek to avail themselves of the laws or jurisdictions of those locations.

These Terms and Conditions are governed by German law, irrespective of conflict of law principles. Both parties agree to submit exclusively to the jurisdiction of the competent courts located in Berlin, Germany, for the resolution of any disputes arising from or related to these Terms and Conditions.

25. COMPLAINTS POLICY

At Dream Companion, we prioritize creating a safe and compliant environment for all users. We strongly encourage users to report any content they believe may be illegal or violates these Terms and Conditions. Upon receiving a complaint, Dream Companion commits to conducting a thorough review of the reported content within seven (7) business days. For more information, please refer to our Complaint Policy, which is available at: https://www.mydreamcompanion.com/feedback-and-issue-resolution/

26. CANCELLATION POLICY FOR RECURRING TRANSACTIONS

Users subscribed to recurring transactions (such as subscriptions and memberships) with Dream Companion have the right to cancel their subscription from rebilling at any time.

To cancel your subscription and stop future charges, please refer to Cancellation Instruction or contact us at Support. Upon receiving your cancellation request, we will promptly process it. Requests made before the start of the next billing cycle will halt future charges, while those received after the new billing period begins may result in charges for that cycle, with the cancellation taking effect in the following billing cycle.

Please note that canceling a recurring transaction does not entitle you to a refund for charges already incurred unless otherwise stated in these Terms and Conditions. For any inquiries or assistance regarding the cancellation of recurring transactions, please reach out to us at Support.

This Cancellation Policy also outlines the procedures for canceling your Dream Companion subscription.

Cancellation Instruction

To cancel your Dream Companion subscription, please follow these steps:

1. Visit mydreamcompanion.com.

2. Log in to your account.

3. Click on the "Settings" under your profile.

4. Click on "Unsubscribe"

5. Follow the on-screen instructions to confirm your cancellation.

6. Your subscription will be canceled.

Once you cancel your subscription, you will not be eligible for a refund for any unused portion of your current billing cycle.

We reserve the right to modify this Policy at our discretion. Please review this Policy periodically for any changes. Your continued use of the Dream Companion Website or Services after any modifications to this Policy will constitute your acceptance of those changes.