Terms of Service

Date of Revision: [04/04/2024]
Welcome to Mamacita.ai (the “APP”).

These Terms of Service (the “TOS”) establish the legally binding terms for your use of the APP owned and operated by Black Labs Studio UG, a company duly incorporated in Germany, 65232 Taunusstein, Adalbert Stifter Str. 37 and registered under [HRB-34929].

By accessing and/or using the APP, you agree to these TOS. Your access and/or use of the APP is considered acceptance of our TOS and all other Terms and Policies published on https://mamacita.ai.

If you do not agree with our TOS or any other Terms and Policies, please cease using our APP immediately.

The APP is intended for personal, non-commercial use only. You agree not to use the APP for any illegal or unauthorized purpose.

For these TOS, “you” and “your” refer to you as the user of the APP.

General
Mamacita.ai is an online chat application that utilizes artificial intelligence (“AI”) to create virtual characters (the “AI Companions”). The APP generates messages, allowing you to chat with AI Companions. It may also produce other media, including images, videos, and voice notes (the “Services”). Some Services may require a user account.

You can select or create an AI character and start conversations with your chosen character(s).

1.1 Account
Creating a user account may be necessary for certain Services. You agree to provide true and correct information when creating an account and to keep this information updated. You are responsible for maintaining the confidentiality of your account and for all activities under your account. Your account is non-transferable.

Violation of these TOS may result in account termination at our sole discretion. We reserve the right to terminate or restrict your account or access to the APP at any time for any suspected breach of these TOS or other Terms and Policies published on https://mamacita.ai.

1.2 Subscription
Certain Services may be available only to paid subscribers. Subscription terms and fees are detailed on our website at the time of purchase. You are responsible for all associated fees and charges. We are offering subscriptions that are billed monthly, every 3-months or every year.

Subscription Cancellation: Subscribers may cancel their subscription at any time. To cancel your subscription, please follow the cancellation procedures set forth below or contact our customer service team for assistance. Go to settings, press the unsubscribe button.

Service Continuation After Cancellation: Upon receiving a cancellation request, your subscription will remain active until the end of the current billing cycle. You will continue to have full access to Mamacita.ai until the end of this period.

No Charges After Cancellation: Once you have cancelled your subscription, you will not be charged for any subsequent billing cycles. However, there will be no refunds or credits for partial months of service, or for months unused with an open account.

Reactivation of Subscription: If you wish to reactivate your subscription after cancellation, you can do so at any time by logging into your account & subscribing or contacting our customer service. The reactivation will be subject to the subscription terms and pricing in effect at the time of reactivation.

Changes to Cancellation Policy: Black Labs Studio UG reserves the right to modify or terminate this cancellation policy at any time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide additional notice (such as adding a statement to our homepage or sending you a notification).

Contact Information: If you have any questions about this cancellation policy, please contact us at hello@mamacita.ai

By subscribing to Mamacita.ai, you agree to this cancellation policy. We recommend that you review this policy periodically, as it is subject to change. Your continued use of Mamacita.ai after any change constitutes your acceptance of the new Terms and Conditions, including this cancellation policy.

1.3 User Safety
We prioritize user safety and advise against sharing sensitive personal information with AI Companions. While we implement security measures, we cannot guarantee the security of information shared during interactions.

1.4 Warranties
You warrant that you are of legal age to form a binding contract or have parental consent and that all information you provide is accurate and truthful.

Underage Policy – please consult the Underage Policy document.

Intellectual Property
The intellectual property in the APP and its content is owned by or licensed to Black Labs Studio UG. You are granted a license for personal use only, which can be terminated if you violate these TOS or other Terms and Policies.

Your Content
You retain ownership of your input but grant us a license to use it in line with our Privacy Policy. We may use your username and other identifying information in accordance with your privacy settings and our Privacy Policy.

Restrictions of Conduct and Content
You agree to abide by specific rules and restrictions when using the APP, including not modifying the APP, not using it for unauthorized access, and complying with all applicable laws.

DMCA Policy – please consult the DMCA Policy document.

Content Removal Policy - please consult the Content Removal Policy document.

Blocked Content Policy - please consult the Blocked Content Policy document.

Payments
A subscription is required after a certain number of messages, with details and payment options provided on the payment page.

Fulfillment Policy
Details on subscription cancellation, access upon cancellation, modifying subscription plans, and our refund policy are provided.

No Guarantee of Accuracy
Content generated by AI may not be accurate, and we cannot guarantee its reliability.

Liability
We provide the APP on an "as-is" basis and disclaim all warranties to the extent permitted by law. We are not liable for any indirect or consequential damages arising from your use of the APP.

Links to Third Party Websites and Services
We are not responsible for third-party websites or services accessed through the APP.

Governing Law and Dispute Resolution
These TOS are governed by the laws of Germany, and any disputes will be resolved in German courts.

Changes to Terms and Policies
We reserve the right to update these TOS and other documents, with changes effective immediately upon posting.

Complaint Policy – please consult the Complaint Policy document.

Termination and Assignment
These TOS continue until terminated by either party. We may assign or transfer our rights and obligations under these TOS.

Miscellaneous
If any part of these TOS is found to be unenforceable, the remainder remains in effect. These TOS, along with our Privacy Policy and other published Terms and Policies, constitute the entire agreement between us.

U.S.C. 2257 Exemption – please consult the 18 U.S.C. 2257 Exemption document.

Key Reminder
Interactions with AI Companions are fictional and should be treated as such. We are not responsible for any confusion or misunderstandings arising from these interactions.