Terms of Use

1. Acceptance of Testing Terms of Use.

By creating an account on Mel (“the Service”), which allows you to create and interact with virtual companion(s) (“AI Partner(s)”), post and share content with other users and AI Partners on our social feed (“Mel World”), and create AI characters that may be discovered and used by other users, or on any other platforms or services Mel 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.

2. Eligibility

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:

• You are at least 18 years of age;
• You can form a binding contract with us;
• You are a resident of a specified territory where the Services are offered, and you are not accessing the Services through tools that circumvent geo-restrictions, e.g. VPNs;
• You are not barred from using the Services under any applicable laws (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition); and
• You agree to comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

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. Where we discover that an account holder is a minor, we will terminate the account and delete all associated personal data and User Content within a reasonable period, subject to legal retention obligations. Additionally, we reserve the right to revoke your access to the Services without prior warning.

3. Use of Services

You are responsible for maintaining the confidentiality of your login credentials associated with your Mel 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:

• use the Services for any purpose that is illegal or prohibited by this Agreement;
• violate any applicable national, federal, state, local or international law or regulation;
• violate the rights of others, including but not limited to, infringing copyrights, right of publicity, right of likeness, or other intellectual property rights
• engage in harassment, defamation, create distress, or cast a third party in false light;
• use the Services in a manner that is illegal, threatening, fraudulent, or harmful, including generating Your Content that discriminates against individuals based on their race, color, national or ethnic origin, religion, age, sex, gender, sexual orientation or preference, or physical handicap;
• fraudulently impersonate other people or entities;
• exploit or harm minors in any way;
• harass, threaten, or promote violence against a specific person or class of people;
• trick or mislead us or other users, particularly in an attempt to obtain sensitive personal information;
• disable, interfere with, or circumvent security-related features of the Services;
• interfere with, disrupt, or create an undue burden on the Services or the networks and systems connected to them;
• engage in any automated use of the Services, such as using scripts to send comments or messages, or deploying data mining bots or similar tools for data gathering and extraction;
• copy the software associated with the Services, including all codes used in connection with the Services;
• reverse engineer, decompile, translate, reverse compile, or otherwise attempt to discover the source code or underlying components of models, algorithms, or systems used by the Services;
• sell or transfer your profile to another individual or entity;
• harass, annoy, intimidate, or threaten our staff, personnel, or employees engaged in providing our Services or assisting users;
• misuse our support services or submit false reports of abuse or misconduct;
• use the Services for any harmful or malicious purpose;
• create, post, or publish an AI character or other content that imitates the appearance, name, voice, biographical details, or persona of a real person (including but not limited to public figures, celebrities, politicians, or private individuals) without that person’s verifiable consent;
• create or distribute AI characters or content that are confusingly similar to, or that incorporate without authorization, third-party intellectual property (including fictional characters, trademarks, brands, or copyrighted works);
• target other users or AI characters with harassment, stalking, doxing, hate speech, sexualized content involving minors, threats, or coordinated abuse on Mel World;
• post spam, repetitive content, or content designed to artificially manipulate ranking, recommendation, search, or social signals (including artificial likes, follows, comments, or use of multiple accounts) on Mel World;
• upload, share, or transmit any sexually explicit content, including but not limited to non-consensual intimate imagery or content involving any person who is, or appears to be, a minor; and/or
• cause harm to us or the Services in any way.

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.

4. Modifying the Service and Termination.

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.

5. Content

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 do not have a right to submit;
• infringes on any intellectual property, proprietary, or moral rights of any individual or party;
• violates the rights of publicity or privacy of any individual or party;
• ridicules, mocks, disparages, intimidates, or abuses any individual or party;
• impersonates any person or entity (or sometimes referred to as creating a virtual ‘clone’) without their permission;
• is obscene or pornographic;
• violates any applicable law, regulation, or rule, including but not limited to laws concerning child pornography or otherwise intended to protect the safety or health of minors; or
• promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

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.

C. Mel World — User Posts, Interactions, and User-Created AI Characters

(i) Mel World Defined. “Mel World” is a social feed feature within the Services that allows users to post text, images, video, and links; to interact through likes, comments, follows, and similar mechanisms; and to create, publish, and share AI characters with configurable personas, appearances, personalities, and dialogue styles (“User Characters”). For the avoidance of doubt, User Characters and any posts, comments, links, or other materials you upload or make available on Mel World constitute “Your Content” for purposes of this Agreement, and the rights, restrictions, and obligations set forth in Sections 5.A, 6, and 7 apply to them. The additional provisions in this Section 5.C apply to Mel World, and in the event of any conflict, this Section 5.C prevails with respect to Mel World.

(ii) Reporting Channel. Reports of User Characters, posts, comments, or user conduct on Mel World that you believe violate this Agreement, infringe your rights, or are otherwise harmful should be sent to support@bvrly.ai with sufficient detail to identify the content or account at issue. Reports specifically asserting infringement of intellectual property, publicity, likeness, trademark, privacy, or moral rights should follow the procedure in Section 13.

(iii) Real Persons and Third-Party Rights. Without limiting Section 5.A, you represent and warrant that, for any User Character or Mel World content that incorporates or is based on the appearance, name, voice, biographical details, or persona of a real person, or that incorporates any third-party intellectual property, you have obtained all rights, consents, releases, and licenses required by law for Mel to use such content in accordance with this Agreement. Reports of alleged infringement of such rights, and the procedure for handling them (including any expedited removal or suspension Mel may apply), are governed by Section 13. Provisions concerning user-to-user interactions and disputes — including non-IP disputes such as personal disagreements, emotional conflicts, or harassment between users — are set forth in Section 10.

6. Rights We Grant You.

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:

• use the Service or any content contained in the Services for any commercial purposes without our written consent.
• copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content, or proprietary information accessible through the Services without our prior written consent.
• express or imply that any statements you make are endorsed by Mel.
• use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine”, “scrape” any content from/off our Service, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• use the Services in any way that could interfere with, disrupt or negatively affect the Services or the servers or networks connected to them.
• deploy viruses, malware, or other malicious code, or otherwise compromise the security of the Services.
• forge headers or manipulate identifiers in any way to disguise the origin of information transmitted to or through the Services.
• “frame” or “mirror” any part of the Services without our prior written authorization.
• use meta tags, code, or other devices containing any reference to us or the Services (or any of our trademark, trade name, service mark, logo or slogans) to direct any person to another website for any purpose.
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Services, or cause others to do so.
• use or develop any third-party applications that interact with the Service without our written consent.
• use, access, or publish the Services’ programming interface without our prior written consent.
• probe, scan or test the vulnerability of the Services or any system or network.
• encourage or promote any activity that violates this Agreement.

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.

7. Rights You Grant Us

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.

Without limiting the foregoing, the license you grant us expressly extends to User Characters you create on Mel World and elsewhere in the Services (including their personas, appearances, voices, dialogue styles, biographical details, and any derivative outputs generated through interaction with such User Characters). This license includes the right, exercised in our sole discretion, to (a) make User Characters discoverable, searchable, and interactable by other users; (b) adapt, modify, retrain, and repurpose User Characters for other Mel features (including, without limitation, video-call companions and interactive companions); and (c) use User Characters and related materials in advertising, marketing, promotional, and public-relations materials, in each case without further notice to or compensation for you. The rights granted in this paragraph survive termination of your account.

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.

8. Purchases

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 (Caramels) 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, Caramels expire five (5) years from the date of purchase. Caramels 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:

• For users residing in the EU, EEA, UK, or Switzerland: You have the right to receive a full refund within 14 days of subscription activation, under applicable local laws. This period begins when the paid subscription service becomes available to you.
• For users residing in Germany:You may terminate a renewed subscription with one month’s notice. This does not affect your right to terminate for cause.
• For users residing in South Korea: Under local laws, you are entitled to a full refund within seven (7) days of purchase if you have not yet started the subscription or used the In-App Items. If the subscription has started or you have used any In-App Items, the refund may be reduced by the corresponding value. The seven-day period begins on the date of purchase.

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
support@bvrly.ai

9. Disclaimers.

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.

10. Limitation of Liability.

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; (III) ANY USER-GENERATED POSTS, COMMENTS, USER CHARACTERS, OR INTERACTIONS ON MEL WORLD, INCLUDING WITHOUT LIMITATION ANY DEFAMATION, HARASSMENT, INFRINGEMENT, IMPERSONATION, OR DISPUTE AMONG OR BETWEEN USERS; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER-TO-USER INTERACTIONS AND DISPUTES. Mel World and certain other features of the Services allow users to interact with one another and with AI characters created by other users. You acknowledge and agree that Mel does not control, supervise, or moderate user-to-user interactions, and is not responsible for the conduct or content of any user, the conduct of any User Character created by any other user, or any dispute that arises between users — whether or not such dispute relates to content, intellectual property, or this Agreement, and including (without limitation) emotional, personal, or romantic disputes, harassment, bullying, doxing, threats, defamation, contractual or commercial disputes, and disputes arising from the operation, performance, or persona of any User Character. To the fullest extent permitted by applicable law, Mel has no duty to investigate, arbitrate, mediate, or otherwise resolve any user-to-user dispute, and you release Mel, its affiliates, and their respective officers, directors, agents, and employees from any and all claims, demands, damages, and losses of every kind, known or unknown, arising out of or in any way connected with such disputes or interactions. Users are encouraged to use the blocking, muting, and reporting tools made available in the Services and, where appropriate, to pursue claims directly against the responsible user through the appropriate authorities or courts.

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.

11. Dispute Resolution

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.

12. Governing Law.

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.

13. Intellectual Property, Likeness, and Publicity Complaints

If you believe that your intellectual property, publicity, likeness, trademark, privacy, or moral rights have been infringed — including, without limitation, by an AI character, post, comment, or other content on Mel World that imitates your appearance, name, voice, persona, or protected works — 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 such intellectual property, publicity, likeness, trademark, privacy, or moral rights, and we will terminate accounts of repeat infringers where appropriate.

Written claims concerning infringement of intellectual property, publicity, likeness, trademark, privacy, or moral rights should include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the allegedly infringing material is located on the Services so as to help us locate it (e.g., a screen-capture);
• A contactable telephone number and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

For claims concerning the right of publicity, likeness, or persona (including claims that a User Character or post imitates a real person without authorization), please include, in addition to the items above: a description of the person whose likeness or persona is alleged to be imitated, your relationship to that person (or your authority to act on their behalf), and a brief explanation of why the content is alleged to be unauthorized.

Expedited Removal. In addition to the standard handling described above, Mel may, in its sole discretion and without prior notice, apply an expedited removal or suspension process to any User Character, post, comment, or other content where it receives a credible report or otherwise believes in good faith that the content (a) imitates the appearance, name, voice, biography, or persona of a real person without authorization, (b) incorporates third-party intellectual property without authorization, or (c) otherwise presents a material risk of harm to any person, to Mel, or to the Services. Expedited removal does not preclude Mel from also pursuing the remedies and procedures elsewhere in this Section 13 or in Sections 3, 5, and 6.

14. Indemnity by You.

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.

15. Entire Agreement; Other.

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 Mel 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.