Terms and Conditions

This is a courtesy translation. The German version is the legally binding one.

§ 1 Scope

(1) These Terms and Conditions govern the use of the service Darkly Yours, available at darklyyours.app, operated by:

(2) They apply between the operator („Provider") and the users (collectively „Users") in the version in force at the time the contract is concluded.

(3) Users can access these Terms during the order process and in the account area and save them in a durable form (e.g. by saving or printing this page).

§ 2 Description of the service

(1) Darkly Yours is a telemedia service that provides text-based, AI-supported conversation with a fictional character („Damien"). Content and tone are sensual and narrative and are intended exclusively for adults aged 18 and over.

(2) The replies of the character Damien are generated by an AI language model. It is not a real person and not a genuine interpersonal relationship.

(3) The AI-generated content is produced automatically and is generally not individually reviewed in advance by the Provider. No warranty is given for the accuracy, completeness or usability of the replies.

(4) In particular, the content does not constitute medical, psychological, legal or other professional advice and must not be understood or used as such by Users.

(5) The Provider is entitled to adapt, extend or restrict the features, content, technical foundations (e.g. the AI models used) and the design of the service, provided that the essential characteristics of the service are preserved and the change is reasonable for Users.

§ 3 Plans and conclusion of contract

§ 3.1 Encounter (demo)

(1) After successful registration, each user receives a one-time allowance of 3 trial messages. These are free and not renewable.

(2) A trial message is a message sent by the user to Damien. After the three trial messages have been used, a paid subscription (§ 3.2) is required to continue using the service. There is no entitlement to further free messages.

§ 3.2 Obsession (subscription)

(1) Use of Darkly Yours without volume limits is provided via a monthly subscription at a price of €9.99 per month. Under § 19 UStG (German small-business rule) no VAT is charged or shown.

(2) The subscription renews automatically by one further month unless it is cancelled before the end of the respective contract period.

(3) The contract is concluded upon successful completion of the Stripe payment process. During the order process the essential contract information (in particular price, term and cancellation conditions) is shown again. The order is placed by pressing a correspondingly labelled button („Order now (payment required)").

(4) A confirmation of the conclusion of contract is sent by e-mail.

(5) The subscription fee is due in advance for the respective billing period. Payment is made via the payment methods indicated in the order process through the payment service provider Stripe.

(6) The Provider is entitled to adjust the subscription prices with effect for future billing periods. Price changes are communicated to Users at least 30 days before the planned effective date in text form (e.g. by e-mail). In the event of a price increase, Users have the right to cancel the subscription at the time the price adjustment takes effect. If no cancellation is made, the price adjustment is deemed accepted; Users are notified separately of this right of cancellation and the meaning of their silence.

(7) The contract language is German.

§ 4 Requirements for use

(1) Users must be at least 18 years old. This confirmation is obtained during the sign-up flow. By registering, Users warrant that they are of legal age and have full legal capacity.

(2) Users act exclusively for their own purposes as consumers.

(3) The Provider is entitled, to the extent legally permissible, to take appropriate measures for age verification and, in justified cases, to request evidence (e.g. a copy of an ID with non-required data redacted).

(4) The processing of personal data, including any special categories of personal data within the meaning of Art. 9 GDPR, is governed by the separate Privacy Policy of the Provider. In particular, conversation content may be processed during use of Darkly Yours. Users are informed about this in the Privacy Policy and grant the required consents there.

(5) Users are obliged to keep their access data secret and to protect it from access by third parties. If there are indications of account misuse or unauthorised access, they are obliged to change their password immediately and to inform the Provider.

§ 5 User obligations / prohibited use

(1) Users undertake to observe applicable laws and the rights of third parties when using Darkly Yours.

(2) The following is prohibited in particular:

• using the service for sexual role-play involving minors or persons depicted as minors,
• confronting the AI character with prompts to actual violence, non-consensual acts, incest or content violating human dignity,
• passing login data to third parties,
• any automated use (bots, scraping, reverse engineering of the API),
• publishing conversation excerpts in a defamatory or misleading manner,
• posting or distributing content that is criminal or constitutes preparation of a criminal offence (e.g. incitement to hatred, extremist, child or youth pornographic content),
• posting or distributing content that infringes the protected rights of third parties (in particular copyright, trademark, personality or data protection rights).

(3) Users are legally responsible for the content they enter via the service, to the extent legally permissible. The Provider does not adopt this content as its own.

(4) In the event of breaches of these Terms, in particular of the prohibitions in paragraph 2, the Provider reserves the right to:

• block or delete the relevant content,
• issue warnings,
• temporarily suspend the account, or
• permanently suspend and, where applicable, delete the account in the case of serious or repeated breaches.

(5) In the case of a justified suspension or termination for good cause due to a culpable breach of these Terms by the User, there is generally no claim to a refund of subscription fees already paid. This does not apply if the suspension or termination was unjustified.

§ 6 Right of withdrawal

(1) Consumers have a statutory right of withdrawal. The detailed withdrawal policy is available separately and is additionally provided to Users by e-mail with the confirmation of the conclusion of contract.

(2) As Darkly Yours involves the provision of digital content not delivered on a physical medium, the right of withdrawal expires under § 356 (5) BGB if:

• the Provider has begun performance of the contract,
• the User expressly agreed during the order process that performance of the contract begins before the withdrawal period expires, and
• the User confirmed awareness that, by giving consent, they lose their right of withdrawal.

(3) The free trial messages (Encounter/demo) are provided before concluding a paid subscription and can be used without concluding a subscription.

§ 7 Cancellation

(1) The subscription can be cancelled at any time without giving reasons directly in the settings via the „Cancel subscription" button. Cancellation takes effect at the end of the current billing period; premium access remains until then.

(2) Cancellation by e-mail to support@darklyyours.app is also possible.

(3) This option for direct cancellation satisfies the requirements of § 312k BGB.

(4) Within the framework of the statutory „cancellation button" (§ 312k BGB), the Provider offers a simple, directly accessible and permanently available option for electronic cancellation via the online customer account.

(5) The right of the parties to extraordinary termination for good cause remains unaffected.

§ 8 Availability

(1) The Provider strives for high availability but cannot guarantee uninterrupted accessibility. Necessary maintenance and update work, as well as outages of external providers (Anthropic, Stripe, Supabase, etc.), may lead to temporary restrictions.

(2) The Provider does not guarantee any specific minimum availability of the service. Nevertheless, it will carry out plannable maintenance, as far as possible, during low-usage periods or announce it in good time.

(3) Temporary restrictions or interruptions of availability generally do not give rise to claims by Users for reduction or damages, unless the restrictions are based on intentional or grossly negligent conduct by the Provider or lead to a substantial and not merely temporary impairment of use.

§ 9 Liability

(1) The Provider's liability for intent and gross negligence as well as for damage arising from injury to life, body or health remains unlimited.

(2) In the case of slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider is liable in amount limited to the foreseeable, typical damage at the time of conclusion of contract. Cardinal obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance Users may regularly rely.

(3) Any further liability is excluded.

(4) In particular, the Provider is not liable for damage arising from Users understanding and following statements or content of the fictional character Damien as factual assertions, instructions for action or decisions for real life. Use of the content is at the User's own responsibility.

(5) Unless the Provider expressly promises the storage or backup of content as a main service, Users are responsible for backing up their own data and content. The Provider is liable for any loss of data only in accordance with the foregoing paragraphs.

§ 10 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers with their habitual residence in another EU member state, the mandatory consumer protection provisions of their home country remain unaffected.

(2) The place of jurisdiction for consumers is the statutory venue.

(3) There are no verbal side agreements. Amendments and additions to these Terms require text form (e.g. e-mail), unless a stricter form is required by law.

(4) Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provision takes the place of the invalid or unenforceable provision.

Version of 15 June 2026 (version 2026-06-15)