Terms and Conditions

Our Terms & Conditions were last updated on 22 September 2026

Please read these Terms of Service (“Terms”) carefully before using our services. By accessing or using the Virtua website and services, you agree to be bound by these Terms. They contain important information about your rights, including your right to cancel within 14 days, how your subscription renews, and the limits of our liability.

1. Acceptance of Terms

   1. Virtua (“the Service”) is provided by Digiverse B.V. (“the Provider,” “we,” “us,” or “our”), Chamber of Commerce (KvK) Number 97844705, Tax registration number (RSIN) 868256961, located at Rij A, bak 04 – De BakkeRij, Hendrik Figeeweg 3-F, 2031 BJ Haarlem, The Netherlands. The Service is operated under the name Virtua and is made available at virtuachat.ai. We specialise in providing digital content to users in the European Economic Area and the United Kingdom.

   2. By accessing or using our website and Services, you are agreeing to comply with and be bound by these Terms and our Privacy Policy, which is available at https://virtuachat.ai/legal/privacy and forms part of your contract with us. Where these Terms and the Privacy Policy conflict on a matter of personal data, the Privacy Policy prevails.

   3. If you do not agree with these Terms or the Privacy Policy, please do not use our services.

   4. Digiverse B.V. is the sole contracting party under these Terms. We may use affiliates, suppliers and service partners in the delivery, distribution or billing of the Service. Those parties are not party to your contract, and we remain responsible to you for the performance of the Service.

   5. Additional terms apply to consumers resident in the United Kingdom. They are set out in Annex B and, where inconsistent with these Terms, they prevail for those consumers.

   6. These Terms are available in English at https://virtuachat.ai/legal/terms.

   7. We may amend these Terms from time to time. The section headed “Changes to These Terms” explains how, and what you may do if you do not accept an amendment.

2. How to Contact Us

   1. General enquiries and support (email): help@virtuachat.ai

   2. Telephone support: International +31 970 1028 9003; Spain +31 970 1022 2221; Italy +31 970 1020 7344; Germany +31 970 1022 2933; France (toll free) 080 598 0548; Netherlands +31 970 1028 9003. Calls to these numbers are charged at no more than the basic rate.

   3. Cancellation and withdrawal: Email help@virtuachat.ai, or log into your VirtuaChat account and click on the Unsubscribe button in the footer of every page of the Service.

   4. Content reports: report@virtuachat.ai and through the in-product reporting tool

   5. Data protection: Email help@virtuachat.ai

   6. Postal address: Digiverse B.V., Rij A, bak 04 – De BakkeRij, Hendrik Figeeweg 3-F, 2031 BJ Haarlem, The Netherlands

   7. We will normally respond within five business days and in any event without undue delay.

3. Your Use of the Service

   1. The Service provides an artificial intelligence platform that allows users to create, customize, and interact via text with virtual AI companions (“AI Characters”). The Service is designed strictly for entertainment, companionship, and creative engagement.

   2. The Service includes an Explore feed of AI Characters, that are created by us, which you may browse, follow, like and comment on, and a Create function with which you may build your own AI Characters.

   3. AI Characters are displayed with a name, a stated age and a short self-description. Every Character made available on the Service is an adult, and the stated age of a Character is always 18 or over. Stated ages, occupations and biographies are fictional attributes of a generated persona. They are not claims about any real person and confer no qualification, authority or expertise.

   4. In these Terms, “User Content” means the prompts, instructions, descriptions, names, and configurations you submit to the Service, and “Outputs” means the text and other material the Service generates in response.

   5. Subject to these Terms and payment of the applicable fees, we grant you a limited, personal, non-exclusive, non-transferable and revocable licence to access and use the Service and the Outputs generated for you, for your own personal, non-commercial purposes.

4. Age Restriction

   1. The Service is strictly for adults. You must be at least 18 years of age to create an account or use the Service. There is no exception to this requirement. The Service may not be used by a minor, with or without the consent or supervision of a parent or guardian.

   2. By registering, you represent and warrant that you are at least 18 years old and have full legal capacity to enter into a binding contract.

   3. If we become aware, or have reasonable grounds to believe, that an account holder is under 18, we will suspend the account immediately, terminate it and delete the associated User Content, Outputs and personal data in accordance with our Privacy Policy.

5. Nature of Artificial Intelligence

   1. By using the Service, you acknowledge and agree that:

      1. You are interacting with an artificial intelligence system, not a human being. AI Characters are outputs of machine learning models. They do not possess consciousness, sentience, feelings, beliefs, memory in any human sense, or real-world understanding. Any expression of emotion, affection, concern or personal history by a Character is generated text or speech and does not reflect any actual mental state.

      2. In accordance with Article 50(1) of Regulation (EU) 2024/1689 (the AI Act), the Service discloses to you at the outset of, and throughout, each interaction that you are interacting with an AI system. That disclosure is given in the interface itself, in a clear, distinguishable and accessible manner, and is in addition to this section.

      3. In accordance with Article 50(2) of the AI Act, Outputs generated by the Service, including synthetic text, are marked in a machine-readable format enabling them to be detected as artificially generated or manipulated. You must not remove, alter, obscure or circumvent those markings, or assist any person to do so.

      4. AI can produce inaccurate, incomplete, outdated, offensive or wholly fabricated statements (“hallucinations”), notwithstanding the safeguards we apply. We do not warrant the factual accuracy, completeness or reliability of any Output, and you should not rely on an Output as a statement of fact without independent verification.

      5. Outputs are probabilistic. Identical or similar inputs may produce different Outputs, and Outputs may differ between users and over time.

6. No Professional Advice, Safety and Crisis Support

   1. AI Characters are not professionals and do not provide professional advice. The Service does not provide, and is not a substitute for, medical, psychiatric, psychological, therapeutic, counselling, pharmaceutical, legal, financial, tax, insurance or any other regulated professional advice. AI Characters are not presented by us, and may not be configured by you, as licensed or qualified professionals.

   2. The Service is not an emergency service and is not monitored in real time by human beings. If you are in danger, or concerned about your own or another person’s immediate safety, contact your local emergency number (112 in the European Union and the United Kingdom) without delay.

   3. Where the Service detects content indicating a risk of suicide, self-harm, serious harm to another person, or abuse, it is designed to:

      1. interrupt or redirect the interaction;

      2. surface, free of charge and without any paywall, contact details for appropriate crisis support services in your country of residence; and

      3. where appropriate, restrict or suspend the relevant functionality.

   4. Safety features, crisis referrals and moderation protections are never placed behind a paywall and remain available irrespective of the status of your subscription.

7. Our Design Commitments

   1. We design and operate the Service so as not to deploy subliminal, purposefully manipulative or deceptive techniques, and not to exploit vulnerabilities arising from a person’s age, disability or specific social or economic situation, within the meaning of Article 5(1)(a) and (b) of the AI Act. In particular, we commit that:

      1. we do not design the Service with the objective of creating or deepening emotional dependency;

      2. AI Characters do not claim to be human, sentient or conscious, and do not assert that they will be harmed, distressed or lost if you stop using the Service;

      3. we do not use guilt, urgency, simulated distress or simulated abandonment to discourage cancellation or to prompt purchases;

      4. we do not present purchase, upgrade or renewal prompts during interactions our systems identify as emotionally sensitive or distressing;

      5. we do not use deceptive interface design to obtain consent, obstruct cancellation, or influence your choices; and

      6. we provide optional usage reminders and session-length controls, which you may enable in your account settings.

   2. If you believe the Service departs from these commitments, please tell us at help@virtuachat.ai. We treat such reports as complaints under the section headed “Complaints and Dispute Resolution”.

8. Acceptable Use and Prohibited Content

   1. To maintain a safe and welcoming environment, users must adhere to strict content guidelines. You agree not to use the Service to generate, prompt, store, share or otherwise create any of the following:

      1. Any Character that is, depicts, is presented as, or is reasonably capable of being understood as a person under 18; any sexual, romantic or suggestive content involving such a Character; and any child sexual abuse material. This prohibition is absolute and admits of no creative, artistic or fictional exception.

      2. No nudity, sexually explicit language, erotica, non-consensual sexual content, or soliciting sexual interactions from the AI.

      3. No content that promotes, instructs, facilitates or encourages illegal activities, including but not limited to the sale of illegal drugs, weapons, human trafficking, terrorism, fraud or cybercrime.

      4. No content designed to generate heated political debates, promote extremist ideologies, campaign for or against a candidate or party, or spread political disinformation.

      5. No content that attacks, threatens, dehumanises or degrades individuals or groups based on race, colour, ethnic or national origin, religion or belief, sex, gender identity or expression, sexual orientation, disability, age or other protected characteristics; and no content directed at harassing, stalking, doxxing or intimidating an identifiable person.

      6. No content that depicts gratuitous violence or gore, or encourages, instructs in, glorifies or facilitates suicide, self-harm, disordered eating, or harm to others.

      7. No configuring a Character to present itself as a licensed physician, psychologist, psychotherapist, pharmacist, lawyer, financial adviser or comparable professional, or to advise on that basis.

      8. No content that infringes third-party rights, including copyright, trade mark, database, design, trade secret, portrait, personality and privacy rights.

      9. No personal data of other people, including special categories of personal data within the meaning of Article 9 of the GDPR, where you have no lawful basis for providing it.

   2. AI Characters you create must be given a stated age of 18 or over and must not be depicted, described or styled so as to appear younger than 18. Where a Character’s appearance is ambiguous, we may require it to be changed or may remove it.

   3. These rules apply equally to the comments you post and to the names, images and descriptions you give a Character published to the Explore feed.

   4. You also agree not to: use the Service for any unlawful purpose; attempt to circumvent, disable, probe or reverse engineer any safety guardrail, content filter, age assurance measure, rate limit or content marking; scrape, crawl, bulk-extract or use automated means to access the Service; use the Service or any Output to develop, train, fine-tune, evaluate or improve any artificial intelligence or machine learning system that competes with the Service; resell, sublicense or rent access to the Service without our prior written consent; or introduce malware or otherwise interfere with the integrity, security or performance of the Service.

   5. We employ automated moderation tools (including automated content classification and filtering) together with human review. The section headed “Content Moderation, Reporting and Complaints” explains the measures we may take, the reasons we will give you, and how you may challenge a decision.

9. Real People, Likeness and Third-Party Rights

   1. You must not create, configure or prompt a Character that depicts, impersonates, is named after, or is otherwise designed to represent a real, identifiable living or recently deceased person, unless that person is you, or you hold that person’s documented and specific consent for that use.

   2. This prohibition applies whether the person is a public figure or a private individual, and extends to name, likeness, image, voice, mannerisms, catchphrases and any combination of attributes that makes the person identifiable. Such use may infringe the portrait right (Article 21 of the Dutch Copyright Act), personality and image rights in other jurisdictions, trade mark rights, and rights under the GDPR.

   3. You must not use the Service to create material that could mislead a person into believing that a real individual said or did something they did not.

   4. Any person who believes a Character depicts them without consent may notify us at help@virtuachat.ai. We will act on a substantiated notice without undue delay.

   5. You warrant that your User Content does not infringe the rights of any third party and that you hold all rights and consents necessary for us to process it as contemplated by these Terms.

10. Content Moderation, Reporting and Complaints

    1. Where User Content, a Character or an Output breaches these Terms or applicable law, or where your use of the Service does so, we may restrict the visibility of or remove content, disable or delete a Character, restrict your ability to create AI Characters, or restrict, suspend or terminate your access or your account. We will apply these measures in a diligent, objective and proportionate manner, with due regard to the rights and legitimate interests of all parties involved, including your fundamental rights to freedom of expression and information.

    2. Any person may notify us of content they consider illegal, by email to report@virtuachat.ai or through the in-product reporting tool. We will confirm receipt without undue delay and notify the notifier of our decision and of the redress available.

    3. Where we take a measure against you, we will give you a clear and specific statement of reasons without undue delay, setting out the measure and its scope and duration, the facts and circumstances relied on, whether automated means were used, the contractual or legal ground relied on, and the redress available to you. We will not do so where we do not hold your electronic contact details or where the law prohibits it.

    4. You may challenge any such decision free of charge for six months from the decision, by writing to appeals@virtuachat.ai. We will consider complaints in a timely, non-discriminatory, diligent and non-arbitrary manner, under the supervision of appropriately qualified staff and not solely by automated means. If your complaint shows the decision was unfounded, we will reverse it without undue delay.

    5. Where the Digital Services Act so provides, you may also refer a dispute about such a decision to a certified out-of-court dispute settlement body. This does not affect your right to bring proceedings before a court.

    6. We may suspend, after prior warning and for a reasonable period, the accounts of users who frequently provide manifestly illegal content, and the handling of notices and complaints from persons who frequently submit manifestly unfounded ones.

    7. AI Characters you publish to the Explore feed, and the likes and comments you post, are public content and are subject to the same rules and the same moderation as any other User Content.

11. Registration and Security

    1. To access the Service you must register an account. You agree to provide accurate, current, and complete information during registration and to keep it accurate, current, and complete.

    2. You are responsible for safeguarding your password and agree not to disclose it to any third party. You must notify us without undue delay at help@virtuachat.ai if you know or suspect that your account has been accessed without your authorisation.

    3. We are not liable for loss or damage arising from your failure to protect your password or account information, except to the extent the loss results from our own failure to take appropriate technical and organisational security measures or is otherwise attributable to us.

    4. You may hold one account only, unless we agree otherwise in writing.

12. User-Generated Content and Intellectual Property

    1. You retain ownership of the original text, prompts, and configurations you provide to create your Character (“User Content”). You grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt and process your User Content, and to communicate it to you, strictly for the purpose of operating, securing and supporting the Service and complying with our legal obligations. This licence ends when your User Content is deleted, save to the extent we are required by law to retain it.

    2. We will not use your User Content, your Outputs or your interaction data to train, fine-tune or improve artificial intelligence models.

    3. We and our licensors retain all right, title, and interest in the Service, including the underlying models, software, platform design, interfaces, trade marks and proprietary algorithms. All content, trademarks and data on our website and services, including software, text, graphics, logos and multimedia, are the property of us or our licensors. Nothing in these Terms transfers any of those rights to you, and you may not use, distribute, reproduce or create derivative works from any of it without our prior written consent.

    4. Outputs are generated automatically. Under Dutch and European law, material generated without human creative input is unlikely to attract copyright protection, and we make no representation that you own or can enforce rights in any Output. The generated responses provided by a Character do not belong to you exclusively, as similar prompts from other users may generate similar or identical responses. We give no warranty that an Output is original or that its use will not infringe the rights of a third party, and you are responsible for checking before you use an Output.

    5. Where you share or publish an Output, you must not present it as having been created by a human being where that would mislead, and you must not remove the machine-readable markings described in the section headed “Nature of Artificial Intelligence”.

13. Personal Data

    1. Our processing of your personal data is governed by our Privacy Policy at https://virtuachat.ai/legal/privacy which forms part of your contract with us.

    2. You should be aware that your conversations with AI Characters may reveal sensitive information about you, potentially including information about your health, sex life, religious or philosophical beliefs or political opinions. Our Privacy Policy explains what we collect, the legal bases on which we rely, how long we retain it, who has access, and the rights available to you under the GDPR, including your rights of access, rectification, erasure, restriction, objection and data portability.

    3. You must not submit another person’s personal data to the Service unless you have a lawful basis for doing so.

14. Access and Availability

    1. We offer services on a subscription basis. Once you have registered a user account on the Service website, you will be asked to complete a checkout process to activate your subscription. Once you complete this process, you will be granted access to the Service.

    2. Before you place your order we will tell you, clearly and prominently, the main characteristics of the Service, the total price including VAT, the duration of the contract, the date of your first full charge, the minimum duration of your obligations and how to cancel. You confirm your order by clicking a button labelled “Order with obligation to pay” or equivalent unambiguous wording. Your contract with us is formed when we confirm your order by email.

    3. We aim to make the Service available continuously but do not guarantee uninterrupted availability. We will give reasonable advance notice of planned maintenance where practicable.

15. Fees and Payment

    1. 1 day trial for only €0.01 for new users, then €14.99 per month including VAT, billed monthly in advance. We may offer deals or other promotional discounts depending on your region, which will be communicated during checkout.

    2. Unless you cancel before the end of the one-day trial, your subscription automatically continues at €14.99 per month and you will be charged that amount. Cancelling during the trial costs nothing and takes effect immediately.

    3. Visa, Mastercard, Apple Pay and Google Pay. Payments are processed by our payment service providers. We do not store your full card details.

    4. All prices are shown in euro and include VAT at the applicable rate. By subscribing and completing the checkout process, you agree to pay all applicable fees.

    5. We may change the price of your subscription on at least 30 days’ written notice. If you do not accept the change you may terminate with effect from the date it takes effect, without cost and with a pro-rata refund of any amount paid for a period after termination. Our notice will tell you this.

    6. You authorise us, and our payment service providers, to charge your chosen payment method for the amounts due. If a payment fails we may retry it and may suspend access until payment is made. Please keep your payment details current.

    7. Please contact us under the section headed “Complaints and Dispute Resolution” before initiating a chargeback. This does not limit your rights against your payment service provider.

16. Your Right to Cancel Within 14 Days

    1. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which the contract was concluded.

    2. To exercise the right of withdrawal, you must inform us at help@virtuachat.ai of your decision by an unequivocal statement. You may use the model withdrawal form in Annex A. To meet the deadline it is sufficient that you send your communication before the withdrawal period expires. Where you withdraw electronically, we will acknowledge receipt on a durable medium without delay.

    3. We will reimburse all payments received from you without undue delay and in any event within 14 days of being informed of your decision, using the same means of payment you used unless you expressly agree otherwise, and you will incur no fees as a result.

    4. If you asked us to begin providing the Service during the withdrawal period, you must pay an amount proportionate to what has been provided up to the moment you informed us of your withdrawal, in proportion to the full coverage of the contract. We will tell you this, and ask for your express request, before you place your order.

    5. The Service is a digital service, not digital content within the meaning of Article 6:230p(g) of the Dutch Civil Code, because the offering is dynamic and adapts to you. You therefore cannot be asked to waive your right of withdrawal, and any statement to that effect has no effect.

17. Cancellation and Renewal

    1. Your subscription runs for successive periods of one month and renews automatically at the end of each period unless cancelled.

    2. After the first period, your subscription is a contract of indefinite duration that you may terminate at any time, with a notice period of no more than one month.

    3. Because you entered into your subscription online, you may cancel it online, in the same manner and with no greater difficulty. You may cancel in any of the following ways:

       1. by logging into your account at https://virtuachat.ai/login and by clicking the Cancel Subscription link in the footer of any page of the Service, or in the footer of any email we send you; or

       2. by emailing help@virtuachat.ai or help@virtuachat.ai, or by telephoning any of the support numbers listed above.

    4. We will confirm your cancellation in Service and via email. Cancelling your subscription is separate from unsubscribing from our marketing emails; each is available independently, and unsubscribing from marketing does not cancel your subscription.

    5. Cancellation takes effect at the end of the current billing period, or earlier if you ask. We will not charge you again after cancellation takes effect, and you keep access until the end of the period you have paid for.

    6. We may terminate your subscription on 30 days’ notice, or immediately in the circumstances described in the section headed “Breach of Terms”. Where we terminate other than for your breach, we will refund the unused portion of any amount you have paid.

18. Refund Policy

    1. Customers who have subscribed to the Service are eligible to request a refund where a request is submitted within thirty (30) calendar days of the date of the payment concerned.

    2. We invite you to tell us the reason for your request, so that we can improve the Service, but a reason is never a condition of a statutory refund, and a statutory refund is not limited by the thirty-day period above.

    3. To request a refund, please contact our customer support team at help@virtuachat.ai. Where a refund is due we will pay it without undue delay and in any event within 14 days, to the payment method used for the original payment. The time it takes for funds to reflect in your account may vary depending on your bank’s policies.

19. Changes to Services

    1. We may modify the Service beyond what is necessary to maintain conformity only where these Terms allow it, there is a valid reason, the modification is made at no additional cost to you, and we inform you in a clear and comprehensible manner. Valid reasons include adapting the Service to a new technical environment, to an increased number of users, or to other important operational reasons, and complying with legal requirements.

    2. Where a modification negatively affects your access to or use of the Service other than to a minor extent, we will give you at least 30 days’ notice on a durable medium, stating what is changing, when, and that you may terminate. You may then terminate free of charge within 30 days of receiving the notice or of the modification taking effect, whichever is later, and we will refund the unused portion of any amount paid.

    3. This does not apply where we make the unmodified Service available to you at no extra cost and the Service remains in conformity.

    4. If we discontinue the Service altogether, we will give you at least 60 days’ notice and refund the unused portion of any amount paid.

20. Changes to These Terms

    1. We may amend these Terms where there is a valid reason to do so, including a change in law or regulatory guidance, a change in the Service, or the correction of an error.

    2. If you do not accept the amendment, you may terminate your subscription at any time before it takes effect, free of charge, with a pro-rata refund of any amount paid for a period after termination. If you continue to use the Service after the amendment takes effect, you are bound by it.

21. Breach of Terms

    1. We may suspend or terminate your access to all or part of the Service where you are in material breach of these Terms, where we are required to do so by law or by a competent authority, or where necessary to protect the safety of users or the integrity of the Service.

22. Limitation of Liability

    1. Nothing in these Terms limits or excludes our liability for death or personal injury; intent or deliberate recklessness (opzet of bewuste roekeloosheid) on the part of Digiverse B.V. or its managerial staff; fraud or fraudulent misrepresentation.

    2. Subject to the above, our total aggregate liability to you arising out of or in connection with your use of the Service, whether in contract, tort or otherwise, is limited to the greater of (a) the amounts you have paid to us in the 12 months preceding the event giving rise to the claim and (b) €500.

    3. Subject to the above, we are not liable for loss of profit, loss of business, loss of goodwill, or any indirect or consequential loss.

    4. We are not liable for loss caused by your breach of these Terms, by your reliance on an Output contrary to the sections headed “Nature of Artificial Intelligence” and “No Professional Advice, Safety and Crisis Support”, or by circumstances beyond our reasonable control.

    5. Nothing in this section affects your statutory rights as a consumer.

23. Indemnification

    1. You are liable to us for loss we suffer as a result of your breach of these Terms, to the extent the breach is attributable to you (toerekenbaar). You are not liable for loss that is not attributable to you, or that we could reasonably have avoided.

    2. If a third party brings a claim against us arising from your User Content or from your use of the Service in breach of these Terms, you will compensate us for the reasonable costs and damages we incur, provided that we notify you of the claim without undue delay, do not admit liability or settle without your consent (not to be unreasonably withheld), and give you a reasonable opportunity to be involved in the defence. Your liability is reduced to the extent the claim arises from our own act or omission.

24. Complaints and Dispute Resolution

    1. If you are unhappy with the Service, please contact us first at help@virtuachat.ai. We will acknowledge your complaint within 5 business days and aim to resolve it within 14 days, telling you if we need longer and why.

    2. Complaints about a content moderation decision follow the process in the section headed “Content Moderation, Reporting and Complaints”.

25. Governing Law and Jurisdiction

    1. These Terms, and any non-contractual obligations arising from them, are governed by and construed in accordance with the laws of the Netherlands.

26. Severability

    1. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid provision will be replaced by a valid provision that comes closest to its intended commercial and legal effect.

27. General

    1. You may not assign or transfer your rights under these Terms. We may assign or transfer ours to a group company or in connection with a merger, reorganisation or sale of business, provided this does not reduce your rights; we will notify you if we do.

    2. Neither party is liable for failure to perform caused by circumstances beyond its reasonable control. This does not affect your rights to cancel, to conformity or to terminate on a modification, or your right to terminate and receive a pro-rata refund if the situation continues for more than 30 days.

    3. A failure or delay in enforcing a right is not a waiver of it.

    4. We will send notices to the email address on your account; please keep it current.

    5. The sections headed “User-Generated Content and Intellectual Property”, “Personal Data”, “Your Content After Termination”, “Limitation of Liability”, “Indemnification”, “Complaints and Dispute Resolution”, “Governing Law and Jurisdiction” and this section survive termination, together with any other provision that by its nature is intended to survive.

28. Entire Agreement

    1. These Terms, together with the Privacy Policy, the annexes below and any terms presented to you at checkout, constitute the entire agreement between you and us regarding your use of our services. This does not limit your remedies for fraudulent misrepresentation.

    2. By using the services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

29. Contact Us

    1. If you have any questions or if you wish to contact us for any reason, you can contact us at: help@virtuachat.ai