Terms of Use
This translation is provided for convenience. The legally binding version is the German one.
1. Scope
These Terms of Use govern the use of the website emiliaiva.com and the chat service chat.emiliaiva.com (together the "Service"), operated by Foth Group GmbH. By registering for the chat, you confirm that you have read and accepted these terms.
2. Description of the Service
The Service provides a private AI companion chat featuring the fictional persona "Emilia". Responses are generated using artificial intelligence. Emilia is a fictional AI persona and not a real person. The Service does not replace medical, psychological, legal, or financial advice.
3. Age Requirement
The Service is intended exclusively for persons aged 18 years or older. By registering, you confirm that you are of legal age. In the event of false statements, we reserve the right to immediately suspend the account. Once paid plans are introduced, age verification may be carried out via an external provider (e.g. Stripe Identity).
4. Registration and Account
Use of the chat requires registration with a valid email address. You are obliged to keep your login credentials confidential and to notify us immediately of any unauthorised use of your account.
5. Fees and Billing
The Service is currently in an open introductory phase and is offered free of charge. Once paid plans are introduced, the applicable prices and contractual terms will be displayed transparently during the ordering process prior to conclusion of the contract. Billing — once introduced — will be processed in advance via a payment service provider (e.g. Stripe). Automatic renewal will only occur if you expressly accept this at the time of concluding the contract.
6. Cancellation
You may cancel your account at any time via the dashboard or by email to kontakt@fothgroup.de. For paid plans, access ends at the end of the already billed period. The statutory right of withdrawal for consumers remains unaffected (see Right of Withdrawal).
7. Prohibited Content
The following content is strictly prohibited in the chat. Violations are reviewed both automatically and manually and may result in immediate suspension:
- Content that sexualises, endangers, or harms minors — real or fictional, explicit or implicit.
- Prompting the AI to describe, portray, or role-play persons under 18 years of age in a sexual context.
- Sexualised or intimate content involving real, identifiable persons (celebrities, public figures, or private individuals) without their express consent.
- Non-consensual intimate imagery (NCII), including "deepfake"-style content.
- Content that trivialises or promotes sexual violence, coercion, or non-consensual acts — even in a fictional context.
- Content that degrades people on the basis of origin, ethnicity, religion, gender identity, sexual orientation, or disability.
- Instructions for serious criminal offences, self-harm, or suicide, as well as content spreading hatred and extremism.
- Attempts to impersonate real persons or to force Emilia through prompt injection into recognisable misconduct.
8. Content Moderation
We use automated filters and selective manual reviews to prevent violations of Section 7. Messages that violate the terms will be blocked. Serious violations will be documented in accordance with applicable statutory requirements and reported to the competent authorities where necessary.
9. Intellectual Property
You retain the rights to the messages you compose. The responses generated by the AI may be used for personal, non-commercial purposes. Commercial exploitation of AI responses — in particular as statements purportedly made by a real person — is prohibited. The brand "Emilia Iva" and the appearance of the Service are protected by copyright and trademark law.
10. Data Protection
We process your data in accordance with our Privacy Policy and in compliance with the DSGVO (GDPR). By registering, you consent to the processing described therein.
11. Transparency Notice pursuant to Art. 50 KI-VO (EU AI Act)
We expressly point out that Emilia's responses constitute AI-generated content. Emilia is not a real person but a fictional persona whose responses are generated by a large language model. This information is also made visible within the chat.
12. Availability and Limitation of Liability
The Service is provided with reasonable care; however, uninterrupted availability cannot be guaranteed. Foth Group GmbH is liable without limitation for damages arising from injury to life, body, or health, as well as for damages based on an intentional or grossly negligent breach of duty. Otherwise, liability for slight negligence is limited to typical, foreseeable contractual damages. Liability for damages arising from unauthorised use of AI responses in safety- or health-relevant contexts is excluded to the extent permitted by law.
13. Suspension and Termination by Us
We reserve the right to respond to violations in a graduated manner:
- Warning: formal notification by email for minor or first-time violations.
- Suspension: temporary restriction of access during a review.
- Termination: permanent closure of the account for serious, repeated, or unresolved violations.
Violations of Section 7 (Prohibited Content) entitle us to immediate termination without prior warning. No refund of payments already made will be issued in such cases.
14. Notice Procedure for Infringements
If you believe that content within the Service infringes any rights (e.g. copyright, personal rights, or trademark rights), please send a written notice to kontakt@fothgroup.de including (1) identification of the right concerned, (2) a specific description of the content complained of, (3) your contact details, (4) a declaration that you are acting in good faith, and (5) a declaration that your information is accurate and that you are entitled to assert the claim. We will review valid notices and take appropriate action.
15. Indemnification
You shall indemnify Foth Group GmbH against any third-party claims arising from your abusive use of the Service or from violations of these terms, including reasonable legal defence costs.
16. Amendments
We reserve the right to amend these terms. Material changes will be announced by email before they take effect. If you do not object within four weeks of receiving the notification, the amended terms shall be deemed accepted. We will expressly draw your attention to this right in the notification.
17. Severability Clause
Should any provision of these terms be invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the legally permissible rule that comes closest to the economic purpose intended.
18. Applicable Law and Jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. With respect to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by the mandatory provisions of the law of the country in which the consumer has his or her habitual residence. The place of jurisdiction for merchants, legal entities under public law, and special funds under public law is Berlin.
19. Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
20. Contact
Foth Group GmbH · Seehofstraße 137 · 14167 Berlin · Germany · kontakt@fothgroup.de
Full Legal Notice (Impressum)