Terms of Use

Last updated: October 30th, 2023

Welcome to VIRTUAL MATE!

We’re so happy to have you here. These Terms of Use (“Terms”) govern your use of VIRTUAL MATE and the software, content, and services (collectively, “Services”) offered through: our website https://virtualmate.net and its subdomains (the “Website”), our mobile apps VIRTUAL MATE for Android and VIRTUAL MATE for iOS (the “Apps”).

Please read these terms carefully before using the Services.

The terms “VIRTUAL MATE,” “us,” or “we” refer to EVIC company, which designed and built VIRTUAL MATE, incorporated in Seoul, KOREA. The term “device” refers to any device used to access the Services, including but not limited to computers, smartphones, and tablets. The term “you” refers to the user of the Services. By signing up for or using the Services, you agree to be bound by these Terms and all applicable laws, rules, and regulations. If you do not agree to these Terms, please refrain from using the Services. Our contact email address is madcat.virtualmate@gmail.com. All correspondence to VIRTUAL MATE, including any queries about your use of the Services or these Terms, should be sent to this email address.

1. OUR SERVICES

VIRTUAL MATE offers a self-help program based on communication with your personal chatbot through a text and voice interface.

1.1. Medical Disclaimer

VIRTUAL MATE provides software and content designed to improve your mood and emotional wellbeing. However, we are not a healthcare or medical device provider, and our Services should not be considered medical care, mental health services, or other professional services. Only your physician or other healthcare providers can provide such services. While third-party research indicates that certain conversation techniques implemented in VIRTUAL MATE can assist in the recovery process for various conditions, VIRTUAL MATE makes no claims, representations, or guarantees that the Services provide any therapeutic benefit.

1.2. Emergencies

The Services are not intended for use in emergencies. If you have a medical or mental health emergency, call 911 or go to the nearest clinic or emergency room. If you are considering suicide, are committing suicide, or feel that you are a danger to yourself or others, stop using the Services immediately and call 911 or notify the appropriate police or emergency medical personnel.

1.3. Modifications to the Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that VIRTUAL MATE will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

2. MEMBERSHIP & SUBSCRIPTIONS

2.1. Becoming a member

To access and use the Services, you need to register (“create an account”) with VIRTUAL MATE and become a VIRTUAL MATE Member. By registering for the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the registration forms. Registration data and certain other information about you are governed by our Privacy Policy.

2.2. Once a member

You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify VIRTUAL MATE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session when accessing the Services. VIRTUAL MATE will not be liable for any loss or damage arising from your failure to comply with this Section.

2.3. Your membership

As a VIRTUAL MATE Member, you will have access to content, features, and functions of the Services that are not available to non-members. By becoming a Member, you opt-in to receive occasional special offers, marketing, survey, and Services-based communication emails. You can easily unsubscribe from VIRTUAL MATE commercial emails by following the opt-out instructions in those emails. VIRTUAL MATE memberships and subscriptions are not transferable and cannot be sold, exchanged, or transferred in any way.

2.4. Subscriptions

2.4.1. Choosing a subscription program

Once you become a VIRTUAL MATE Member, you can choose one of the subscription programs offered in VIRTUAL MATE:

1. “Free Use”: A free program that provides limited access to the Services. The “Free Use” program is for users who cannot afford our subscription-based programs. We reserve the right to deny free use to anyone at any time at our discretion.

2. “VIRTUAL MATE Pro”: A subscription-based program that provides full access to the Services. You can subscribe to a paid program (“Paid Subscriptions”) by purchasing a subscription within the Apps, where allowed by the App marketplace partners (Apple iTunes Store and Google Play Store).

2.4.2. Maintaining a Paid Subscription

Paid subscriptions are billed monthly, semi-annually, or annually and processed by the App marketplace partner through which you originally acquired the subscription. You will only have access to the paid subscription while it is active. If you fail to pay your subscription within 7 days after the due date, your account will automatically downgrade to “Free Use.” Renewal fees will continue to be billed to the payment method you provided through the marketplace until canceled. You must cancel your subscription before it renews each billing period to avoid being charged for the next subscription period. Refunds cannot be claimed for any partial-month subscription period. You can modify or cancel your paid subscription only through the App marketplace where you originally acquired it. To view, modify, or cancel your subscription, you may need to authenticate with the same user ID by the marketplace partner.

2.4.3. Refunds

Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s payment policy, which may not provide for refunds. If you purchase a subscription through the Google Play Store, the sale is final, and we will not provide a refund. Your purchase will be subject to Google’s payment policy, which may not provide for refunds. If you purchase a subscription through our website (via Stripe, PayPal, or other payment processors), the sale is final, and we will not provide a refund. Please note that the 14-day refund policy for EU residents does not apply to digital product access.

2.5. Device Requirements

To use VIRTUAL MATE on your smartphone or other device, it must meet certain system requirements. These requirements can be found on our website and the Google and Apple App marketplaces.

3. CANCELLATION OF SERVICES

3.1. Cancellation by You

You may cancel your membership at any time by deleting your account in the app. This action is irreversible. Once you delete your account, all data associated with your use of the Services will be permanently removed. Cancellation of a paid subscription takes effect at the end of the current billing period. You can also cancel a paid subscription and downgrade to “Free Use” without deleting your account. Cancellation is effective at the end of the billing period. If you purchased a paid subscription through the Apple iTunes Store, you can cancel by managing your app subscriptions in your iTunes account settings. For Google Play Store purchases, you can cancel automatic renewals in the subscriptions section of your Google Play account settings, or follow the current process outlined by Google Play.

3.2. Cancellation by Us

We may suspend or terminate your use of the Services due to fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.

4. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that we may establish general practices and limits concerning the use of the Services, including the maximum period that data or other content will be retained and the maximum storage space allotted on our servers on your behalf. VIRTUAL MATE is not responsible for the deletion or failure to store any data or content maintained or uploaded by the Services. We reserve the right to terminate accounts that are inactive for an extended period and to change these practices and limits at any time, at our sole discretion, with or without notice.

5. MOBILE SERVICES

Some of our Services are available via a mobile device, including (i) uploading content to the Services, (ii) browsing the Services and Website, and (iii) accessing certain features through a mobile app (collectively, the “Mobile Services”). Your wireless carrier’s standard charges, data rates, and other fees may apply. Certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding VIRTUAL MATE and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. If you change or deactivate your mobile telephone number, you agree to promptly update your VIRTUAL MATE account information to ensure your messages are not sent to someone else.

6. CONDITIONS OF USE

6.1. User conduct

You are solely responsible for all code, videos, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“content”) that you upload, post, publish, display (hereinafter, “upload”), email, or otherwise use via the Services. The following examples illustrate content and/or uses that are illegal or prohibited by VIRTUAL MATE. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision. This includes, without limitation, removing offending content from the Services, suspending or terminating the account of violators, and reporting them to law enforcement authorities. You agree not to use the Services to:

1. Email or otherwise upload any content that: (i) Infringes any intellectual property or other proprietary rights of any party; (ii) You do not have the right to upload under any law or under contractual or fiduciary relationships; (iii) Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (iv) Poses or creates a privacy or security risk to any person; (v) Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) Is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable; (vii) In the sole judgment of VIRTUAL MATE, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or may expose VIRTUAL MATE or its users to any harm or liability of any type;

2. Interfere with or disrupt the Services, servers, or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;

3. Violate any applicable local, state, national, or international law, or any regulations having the force of law;

4. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

5. Solicit personal information from anyone under the age of 18;

6. Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

7. Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

8. Further or promote any criminal activity or enterprise, or provide instructional information about illegal activities;

9. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided through the Services.

6.2. Special Notice for International Use; Export Controls

Software available in connection with the Services, and the transmission of applicable data, if any, are subject to United States export controls. No software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including those concerning online conduct and acceptable content.

6.3. Commercial Use

The Service is for your personal use only. Unless expressly authorized within the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload any portion of the Services for any commercial purposes.

6.4. Use of VIRTUAL MATE by Minors

If you are under 18, you are not authorized to use the Services, with or without registration.

7. APPLE APP STORE AND GOOGLE PLAY STORE LEGAL INFORMATION

These Terms apply to your use of all the Services, including the iPhone application available via the Apple, Inc. (“Apple”) App Store (the “Applications”), and the Android application available via the Google, Inc. (“Google”) Play Store (the “Applications”), but the following additional terms also apply to the Applications:

• Both you and VIRTUAL MATE acknowledge that the Terms are concluded between you and VIRTUAL MATE only, and not with Apple and Google, and that Apple and Google are not responsible for the Application or the Content;

• The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services;

• You will only use the Application in connection with an Apple device that you own or control;

• You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

• In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple or Google of such failure; upon notification, Apple and Google’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

• You acknowledge and agree that VIRTUAL MATE, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the Application;

• You acknowledge and agree that in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, VIRTUAL MATE, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

• You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties;

• Both you and VIRTUAL MATE acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of the agreement which may affect or be affected by such use; and

• Both you and VIRTUAL MATE acknowledge and agree that Apple and Apple’s subsidiaries and Google and Google’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.

• VIRTUAL MATE and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. Service content, software, and trademarks

You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by VIRTUAL MATE, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by VIRTUAL MATE from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of VIRTUAL MATE, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by VIRTUAL MATE.

The VIRTUAL MATE name and logos are trademarks and service marks of VIRTUAL MATE (collectively the “VIRTUAL MATE Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to VIRTUAL MATE. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of VIRTUAL MATE Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of VIRTUAL MATE Trademarks will inure to our exclusive benefit.

8.2. Third party material

Under no circumstances will VIRTUAL MATE be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that VIRTUAL MATE does not pre-screen content, but that VIRTUAL MATE and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, VIRTUAL MATE and its designees will have the right to remove any content that violates these Terms of Service or is deemed by VIRTUAL MATE, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

8.3. User content transmitted through the Services

With respect to the content or other materials you upload through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant VIRTUAL MATE and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to VIRTUAL MATE are non-confidential and VIRTUAL MATE will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that VIRTUAL MATE may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; © respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of VIRTUAL MATE, our users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8.4. Copyright complaints

VIRTUAL MATE respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify VIRTUAL MATE of your infringement claim in accordance with the procedure set forth below.

We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to VIRTUAL MATE’s Copyright Agent at madcat.virtualmate@gmail.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:

To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• a description of the copyrighted work or other intellectual property that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

8.5. Counter-notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

• your physical or electronic signature;

• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, VIRTUAL MATE will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, VIRTUAL MATE has adopted a policy of terminating, in appropriate circumstances and at VIRTUAL MATE’s sole discretion, users who are deemed to be repeat infringers. VIRTUAL MATE may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

9. THIRD PARTY WEBSITES

The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that VIRTUAL MATE will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that VIRTUAL MATE is not liable for any loss or claim that you may have against any such third party.

10. SOCIAL NETWORKING SERVICES

You may enable, connect or log in to the Services via various online third party services, such as social media and social networking services like Facebook, Instagram or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and VIRTUAL MATE shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, VIRTUAL MATE is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, VIRTUAL MATE is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. VIRTUAL MATE enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

11. WARRANTY, INDEMNITY AND LIABILITY

11.1. Indemnity and release

You agree to release, indemnify and hold VIRTUAL MATE and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

11.2. Disclaimer of warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS 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.

VIRTUAL MATE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

11.3. Limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIRTUAL MATE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL VIRTUAL MATE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

12. GENERAL CONDITIONS

12.1. Termination

You agree that VIRTUAL MATE, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if VIRTUAL MATE believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. VIRTUAL MATE may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that VIRTUAL MATE may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that VIRTUAL MATE will not be liable to you or any third party for any termination of your access to the Service.

12.2. User disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and VIRTUAL MATE will have no liability or responsibility with respect thereto. VIRTUAL MATE reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

12.3. Entire agreement

These Terms of Service constitute the entire agreement between you and VIRTUAL MATE and govern your use of the Service, superseding any prior agreements between you and VIRTUAL MATE with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software.

13. YOUR PRIVACY

At VIRTUAL MATE, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

QUESTIONS? CONCERNS? SUGGESTIONS?

Please contact us at madcat.virtualmate@gmail.com to report any violations of these Terms of Service or to ask us any questions regarding these Terms of Service or our Services.