Last Updated: [2025.05.27]
We’re thrilled to have you join us on an adventure with our unique virtual characters! These terms of use (“Terms”) are entered into by and between you (“you”) and [BVR Co., Ltd.] (“us”, “we” or “BVR”), effective as of the date you first indicate your acceptance on our platform.
By creating an account on Mel (”the Service”), which allows you to create and interact with virtual companion(s) (“AI Partner(s)”), or on any other platforms or services BVR may offer (collectively, the “Services”), you agree to be bound by (i) these Terms, and (ii) our Privacy Policy and (iii) our Cookie Policy, collectively referred to as the “Agreement”. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may update this Agreement and modify the Services from time to time. We may do this for a variety of reasons including to comply with changes in legal requirements, introduce new features, or adapt to changes in our business practices. The most recent version of this Agreement will be posted on the Services, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will provide you with at least 30 days’ notice (unless we’re unable to do so under applicable law) through reasonable means, which may include notification via the Service. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.
You are not authorized to create an account or access, or use the Services or its underlying systems unless all of the following conditions are met:
If at any time you cease to meet these requirements, your authorization to access the Services and its systems is automatically revoked. In such cases, you must immediately delete your account. Additionally, we reserve the right to revoke your access to the Services without prior warning.
You are responsible for maintaining the confidentiality of your login credentials associated with your BVR account, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately email to: support@bvrly.ai
By using the Services, you agree that you will not:
We reserve the right to investigate and/or terminate your account if you have violated this Agreement, misuse the Services, or engage in conduct that we deem inappropriate or unlawful. If you violate these rules, your authorization to use the Service will be automatically revoked.
We may add new product features or enhancements at any time as well as remove or discontinue some features, for any reason. We reserve the right, at our sole discretion, to modify, alter or update the Services at any time.
Similarly, you may terminate your use of the Service at any time. Upon termination of your account, this Agreement will immediately cease to be in effect, except for the following provisions, which will continue to apply to both you and us: Sections 7 through 14.
While using the Services, you will have access to: (i) content that you upload, submit, transmit, provide (collectively, “upload”) while using the Services, even if suggested by the Services as a result of your prompts and inputs, including the image, likeness and/or persona of AI Partners ("Your Content"); and (ii) content provided by the Company provides on and through the Services to you, including audio and text sent by AI Partners ("Our Content").
For the purposes of this Agreement, "content" includes, without limitation, all text, images, video, audio, or other material on the Services, including any image or information that you upload to create AI Partners or communicate via direct messages with AI Partners.
A. Your Content
You are solely responsible and liable for Your Content. Accordingly, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. You also agree not to upload any content that:
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, block, or restrict access to any of Your Content at any time, at our sole discretion. Furthermore, you understand and agree that we are under no obligation to display or review Your Content.
Subject always to the rights you grant us hereunder (including, without limitation, the rights granted under Section 7), you retain ownership of any content you generate while using the Services, such as the persona of the Partner you created and audio and/or text you sent to AI Partners. We do not assert ownership of such content.
The Services are for your personal use only. You agree not to use, display, distribute, publish, copy, duplicate, reproduce, create derivative works from, modify or upload Your Content suggested by the Services for any commercial purposes.
B. Our Content
All other content (including text and audio, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property) appearing on the Services is owned, controlled, or licensed by us and is protected by copyright, trademark and other intellectual property laws. All rights, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 6 below. All other rights are reserved.
We grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license is granted solely for the purpose of allowing you to use and enjoy the Services’ benefits as intended by us and as permitted by this Agreement. This license, along with any authorization to access the Services are automatically revoked in the event that you engage in any of the following:
We may investigate and take any available legal action in response to illegal, inappropriate or unauthorized uses of the Service, including termination of your account.
By creating an account, you grant to us, to the fullest extent permitted under the law, a worldwide, transferable, irrevocable, sub-licensable, royalty-free, right and license to host, store, use, exploit, copy, display, reproduce, adapt, edit, publish, modify and distribute Your Content. This includes content you create on the Services, which may be used to improve our services, develop new features or services (including through machine learning and other technologies now known or hereafter invented).
Our license to Your Content shall be exclusive, including without limitation all your conversations with AI Partners and derivative works created through your use of the Services. For example, we would have an exclusive license to screenshots of the Services that include Your Content.
Additionally, to help prevent the unauthorized use of Your Content outside of the Services, you authorize us to act on your behalf with respect to infringing uses of Your Content by third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and/or used by third parties outside of the Service.
Our license to Your Content is subject to your rights under applicable law (e.g., personal data protection laws to the extent Your Content contains personal information as defined by those laws) and is intended for the purposes of operating, developing, providing, and improving the Services, as well as researching and developing new ones.
By submitting suggestions or feedback regarding our Service, you agree that we may use and share your feedback for any purpose without providing compensation to you.
Please refer to the Privacy Policy for further details of why and how we use your data.
Please be informed that we may access, store, and disclose your account information, including your personal information, other identifiers, and Your Content, if required to do so by law or if we have a good faith belief that such access, storage, or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Your Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of us or any other person or party.
You may purchase products and services on Mel. We may offer products and services through our website or app using third-party platforms, including the Apple App Store, Google Play, or other approved external services . We may also offer products and services for purchase directly through credit card or other payment processors on our platform.
We operate globally, and our pricing may vary based on multiple factors. We may offer promotional pricing and adjust fees depending on your region, bundle size, purchase history, and account activity. We also regularly test new features and payment options.
To the extent permitted by law, we reserve the right to limit or discontinue the availability of any product, feature, service, or benefit without prior notice, to impose conditions on coupons or promotions, to restrict users from transacting, or to refuse to provide services or benefits.
8.1. In-App Items
You may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to access specific features within the Services. These features may include credits (Gems) that can be exchanged for in-app items such as messages, boost messages, or gifts (“In-App Items”). You may purchase In-App Items only through the Services and only from us or our authorized partners.
In-App Items represent limited license rights governed by this Agreement. Unless otherwise prohibited by applicable law, no ownership interest in any In-App Items is transferred or assigned to you, and nothing in this Agreement should be interpreted as a sale of any rights in such items.
The balance of In-App Items displayed in your account reflects the scope of your license and not any stored or real-world monetary value. Unless otherwise required by law, Gems expire five (5) years from the date of purchase. Gems obtained by other means (e.g., free promotional gifts) may be subject to separate expiration and usage conditions determined solely by Mel.
We do not charge fees for inactivity, but your license to use In-App Items will terminate when your account is closed or the Services are discontinued, whichever occurs first.
We reserve the right to charge fees for access to or use of In-App Items and may distribute them with or without charge. We may manage, regulate, control, modify, or eliminate In-App Items at our sole discretion, including actions that affect their perceived or actual value. We bear no liability to you or any third party in connection with such actions.
You may not transfer In-App Items to any individual or entity, and you are strictly prohibited from selling, exchanging, or otherwise transferring In-App Items outside the Services.
All purchases and redemptions of In-App Items are final and non-refundable. If your account is terminated—voluntarily or involuntarily—you will not receive a cash or other refund for unused In-App Items.
8.2. Refunds for In-App Purchases
If you made a purchase using your Apple ID, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.
For all other purchases not made using an Apple ID, all sales are final and non-refundable unless otherwise required by applicable law. The following local laws apply:
If you are entitled to a refund under any of the legal provisions outlined above, you must send a written notice (signed and dated) stating that you wish to cancel the agreement to Mel Customer Support. Please include your order number (as found in your confirmation email) and the email address or phone number associated with your account. Your notice should be submitted to:
Mel
Attn: Mel Customer Experience Dept. – Cancellation Request
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND ANY CONTENT OR DATA WE PROVIDE IN CONNECTION WITH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
WE TAKE NO RESPONSIBILITY FOR ANY CONTENT THAT YOU GENERATE OR ANY THIRD PARTY GENERATES, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE LOWER OF 50 US DOLLARS OR THE AMOUNT PAID, IF ANY, BY YOU TO US IN THE 6 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THEREFORE, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
MANDATORY ARBITRATION. You and we agree to resolve any claims arising out of or relating to this Agreement or the Services, regardless of when the claim arose (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms taking effect by writing to us at support@bvrly.ai. If you opt out of an update, the last set of agreed upon arbitration terms will apply.
Informal Dispute Resolution. We would always prefer to understand and address your concerns before resorting to formal legal action. Before filing any claim against us, you agree to try to resolve the Dispute informally by sending us notice through support@bvrly.ai. If we are unable to resolve a Dispute within 60 days, either party may initiate arbitration. Additionally, both parties agree to attend an individual settlement conference if either party requests one during this period.
Arbitration Forum. If we are unable to resolve the Dispute, either party may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available here). We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. Where applicable, the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.
Arbitration Procedures. The arbitration will be conducted by videoconference whenever possible. If the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator who will be either a retired judge or an attorney licensed to practice law in the state of Texas, California or New York. The arbitrator will have exclusive authority to resolve any Dispute, except the federal courts of Dallas County, Texas, U.S.A., will have the authority to determine any Dispute concerning the enforceability or validity of the class action waiver or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.
Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.
CLASS AND JURY TRIAL WAIVERS. You and we agree that Disputes must be brought on an individual basis only and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and we knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.
Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.
The laws of South Korea, without regard to its conflict of laws rules, will govern this Agreement. Except as provided in the dispute resolution section above, all claims arising out of or relating to this Agreement will be litigated exclusively in the Seoul Central District Court, Republic of Korea. You and we consent to the exercise of personal jurisdiction of the Seoul Central District Court, Republic of Korea and waive any claim that such court constitute an inconvenient forum.
If you believe that your intellectual property rights have been infringed, please send written notice to support@bvrly.ai. We may delete or disable content that we believe violates this Agreement or is alleged to infringe intellectual property rights, and we will terminate accounts of repeat infringers where appropriate.
Written claims concerning copyright infringement should include the following information:
You agree, to the fullest extent permitted under applicable law, to indemnify, defend and hold us harmless, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including reasonable attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Services, Your Content, or your breach of this Agreement. Some jurisdictions do not allow indemnification; accordingly some or all of this section may not apply to you.
YOU ALSO AGREE TO ACCEPT FULL LEGAL RESPONSIBILITY FOR, AND PAY ANY AND ALL ROYALTIES, PENALTIES, FEES, OR DAMAGES AWARDS RESULTING FROM, ANY CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT BROUGHT AGAINST US BY ANY THIRD PARTY ARISING FROM YOUR CONTENT THAT YOU DO NOT OWN OR ARE NOT OTHERWISE AUTHORIZED TO PROVIDE TO US.
This Agreement, which includes the Privacy Policy and Cookie Policy (if applicable to you), contains the entire agreement between you and us regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your BVR account is non-transferable and all of your rights to your account and Your Content terminate upon your death or account termination. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Company in any manner.