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Terms of Service

The agreement between you and Dirk.

Introduction

Welcome to Dirk. These Terms of Service ("Terms") govern your use of the Dirk service and website (collectively, the "Service"). By using Dirk, you agree to these Terms and our Privacy Policy.

We've tried to keep these Terms as straightforward as possible. If you have any questions, please contact us at terms@dirk.chat.

These Terms form a legally binding agreement between you and Dirk (or "we" or "us"), so please read them carefully.

What Dirk Is

Dirk is an AI-based conversational tool designed for emotional support and reflection. The Service includes:

  • Conversation interface: A text-based chat where you can communicate with Dirk
  • Memory system: Technology that retains context from your conversations to provide continuity
  • User account: Personal account to access your conversation history and settings
  • Support resources: Information about mental health resources and best practices

Important Limitations

It's crucial to understand what Dirk is not:

  • Not medical or therapeutic treatment: Dirk is not a substitute for professional mental health services, therapy, counseling, or medical advice
  • Not crisis intervention: Dirk is not designed to address emergencies, crisis situations, or urgent mental health needs
  • Not a licensed provider: Dirk is not provided by licensed mental health professionals and cannot diagnose or treat medical conditions
  • Not capable of human judgment: As an AI, Dirk has inherent limitations in understanding, context awareness, and judgment

By using the Service, you acknowledge these limitations and agree not to rely on Dirk for emergency support, medical advice, or as a replacement for professional care.

Eligibility and Account Creation

To use Dirk, you must:

  • Be at least 16 years old (or the age of legal consent in your jurisdiction, whichever is higher)
  • Create an account with accurate and complete information
  • Secure your account with a strong password and maintain its confidentiality
  • Accept responsibility for all activities that occur under your account

We reserve the right to refuse service, terminate accounts, or remove content at our discretion.

Acceptable Use

When using Dirk, you agree to:

  • Use the Service for personal support and reflection in a manner consistent with its intended purpose
  • Comply with all applicable laws and regulations regarding online conduct and content
  • Respect the limitations of the Service and not attempt to use it for purposes it's not designed for

You agree not to:

  • Misuse the Service for harmful purposes, including encouraging self-harm, suicide, violence, or illegal activities
  • Manipulate, test, or exploit vulnerabilities in the AI system
  • Impersonate or misrepresent your identity or affiliation
  • Use automated methods to access or interact with the Service without our express permission
  • Interfere with or disrupt the Service or servers connected to the Service
  • Attempt to gain unauthorized access to any part of the Service
  • Collect or harvest user information without consent
  • Share account access with others or create multiple accounts to circumvent restrictions

Content and Intellectual Property

When you use Dirk, you retain ownership of the content you share in conversations. However, you grant us certain rights:

  • License to use your content: You grant us a non-exclusive, worldwide, royalty-free license to use, store, and process your content solely for the purpose of providing and improving the Service
  • Service improvement: If you explicitly opt in, we may use anonymized content to improve our AI models and the Service

We respect your intellectual property rights and expect you to respect ours:

  • Dirk's intellectual property: All content, features, and functionality of the Service, including text, graphics, logos, and software, are owned by us and protected by intellectual property laws
  • Limited license to you: We grant you a limited, non-exclusive, non-transferable license to use the Service for personal purposes

Subscription and Payment

Dirk offers both free and paid subscription options:

  • Free tier: Basic access to Dirk with standard features and usage limits
  • Paid subscriptions: Enhanced features, increased usage, and additional capabilities

For paid subscriptions:

  • Recurring billing: Subscriptions automatically renew until canceled
  • Changes to pricing: We may modify pricing with advance notice to subscribers
  • Cancellation: You may cancel at any time through your account settings
  • Refunds: Refund policies are detailed in our Help Center

Privacy and Data Security

We take your privacy seriously:

  • Privacy Policy: Our Privacy Policy explains how we collect, use, and protect your information
  • Data security: We implement reasonable security measures to protect your data
  • No guarantees: Despite our efforts, no method of transmission or storage is 100% secure

Modification and Termination

We may update the Service or these Terms:

  • Service modifications: We may change, suspend, or discontinue any aspect of the Service at any time
  • Terms updates: We may revise these Terms at any time by posting the updated version
  • Notice of changes: For material changes, we will provide reasonable notice via email or through the Service
  • Continued use: Your continued use after changes constitutes acceptance of the updated Terms

Either party may terminate the agreement:

  • Your right to terminate: You may stop using the Service or delete your account at any time
  • Our right to terminate: We may suspend or terminate your access for violation of these Terms, illegal activity, or if continuing to provide the Service to you would create legal liability for us

Disclaimer of Warranties

The Service is provided "as is" and "as available":

  • No warranties: We disclaim all warranties, express or implied, including accuracy, reliability, fitness for a particular purpose, and non-infringement
  • AI limitations: We do not guarantee that Dirk will understand all contexts, provide appropriate responses in all situations, or be free from errors
  • Availability: We do not warrant that the Service will be uninterrupted, secure, or error-free

Limitation of Liability

To the maximum extent permitted by law:

  • No liability for indirect damages: We are not liable for any indirect, incidental, special, consequential, or punitive damages
  • Liability cap: Our total liability to you for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid for the Service during the twelve months preceding the claim

These limitations apply to all claims, regardless of the basis of liability or type of damages.

Indemnification

You agree to indemnify and hold harmless Dirk, its affiliates, officers, employees, and agents from any claims, damages, or expenses (including reasonable attorney's fees) arising from your use of the Service, violation of these Terms, or infringement of any rights.

Governing Law and Dispute Resolution

These Terms are governed by the laws of Belgium without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Service shall be resolved through:

  • Informal resolution: We encourage you to contact us first to try to resolve any disputes
  • Arbitration: If informal resolution is unsuccessful, disputes will be resolved through binding arbitration administered by the International Chamber of Commerce (ICC) in accordance with its Rules of Arbitration. The seat of arbitration shall be Brussels, Belgium.
  • Class action waiver: Any proceedings must be brought in an individual capacity, not as part of a class action

General Provisions

  • Entire agreement: These Terms constitute the entire agreement between you and us regarding the Service
  • Severability: If any provision is found unenforceable, the remaining provisions will remain in effect
  • No waiver: Our failure to enforce any right or provision will not be considered a waiver
  • Assignment: You may not assign these Terms without our prior written consent, but we may assign them without restriction
  • Contact: For questions about these Terms, please contact terms@dirk.chat

Last Updated: May 20, 2025

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We believe in transparency and straightforward agreements.

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