These Terms and Conditions (the “Terms”) govern the relationship between Vela Blu Ltd (the “Operator” or the “Trader”) and each user of the “Ora” service (the “User” or the “Consumer”, where the subjective requirements of the Italian Consumer Code are met). The contract is concluded electronically, through registration and/or use of the “Ora” service, in compliance with the pre-contractual information obligations set out in the Consumer Code and in the legislation on information society services.
The Terms govern the provision of the digital service “Ora”, a dating entertainment service based on artificial intelligence. The service allows the User to enter personal data, both “ordinary” and “special” or “sensitive”, to converse with an AI operator and to receive personalised introductions, built on the preferences and information provided by the User.
The profiles presented in the introductions are characters generated by artificial intelligence and do not correspond to real people. The conversations with the characters are generated automatically by the system. The service is provided for entertainment purposes: it is not a dating service between natural persons, it neither arranges nor promotes in-person meetings, and it does not guarantee any relational or romantic outcome.
The characters presented are set in countries other than the User’s and express themselves in their own language; the service provides an instant automatic translation of messages into the User’s language and vice versa. The translation is generated automatically and may contain inaccuracies. Places, times, time zones and cultural references appearing in the conversations are part of the fiction and do not describe real people, places or situations.
The Operator undertakes to make clearly available on its website the main characteristics of the service, its features, any technical limitations, hardware/software and interoperability requirements, as well as the price, the payment methods, the duration of the contract and the conditions for termination.
Registration with the “Ora” service and/or the first use of its restricted features constitute acceptance of these Terms, which are in any case made available to the User in a clear and understandable form. Where the contract is concluded at a distance by electronic means, the Operator fulfils its information obligations regarding the technical procedure for concluding the contract, the storage of the contract, the technical means for identifying and correcting data entry errors and the languages available, in accordance with Italian Legislative Decree 70/2003 and the Consumer Code. The User is responsible for keeping the access credentials confidential and for the activities carried out through the User’s account.
Access to the service, the creation of the profile, the conversation with the AI operator, the receipt of introductions and the opening of a conversation with an introduced character are free of charge. Declining an introduction is likewise free of charge.
Each User receives a limited number of free replies from the characters (currently five in total, across all characters) and a limited number of free introductions (currently three). The limits in force are always shown in the service before any payment is requested.
To continue writing to the characters without limits, and to receive a new introduction each day, the User may take out a subscription, choosing one of the following plans, VAT included: EUR 9.90 (nine/90) per week, EUR 29.90 (twenty-nine/90) per month, or EUR 149.00 (one hundred and forty-nine/00) per year. The subscription covers all the characters introduced to the User, including future ones. The first period is charged at the moment of subscription. The subscription renews automatically at the end of each period (weekly, monthly or annual, according to the plan chosen), and the same amount is charged at each renewal, until the User cancels it.
The User may cancel the subscription at any time, without costs and without giving any reason, directly from the service (by writing “disdici” to the AI operator, which provides the cancellation link) or through the link in the payment receipts. Cancellation takes effect at the end of the period already paid (week, month or year, according to the plan chosen): until then the service remains available, and no further renewal is charged. Periods already paid are not refunded, without prejudice to the right of withdrawal set out in section 5.
The service may also offer the optional purchase of virtual gifts to send to the character, at the price shown at the time of purchase, VAT included. Within the story they may be represented as physical objects (flowers, a breakfast, a bottle) or as digital content (an image, a postcard): in both cases they are digital content that enriches the story, with a reply or an image from the character, and in no case do they involve the delivery of physical goods to real people. Gifts are separate from the subscription: payment is immediate and nothing is owed unless the User purchases one.
Payments are processed through the secure global payment platform “Stripe”, and Vela Blu Ltd does not store the details of the debit or credit cards used by the User.
Any change to the price or to the free limits will be announced in the service in advance and will not apply to a period already paid. A price change for an active subscription applies only from the next renewal, and the User may cancel before it takes effect.
Where the contract is concluded at a distance with a Consumer, the Consumer has the right to withdraw within 14 days of the conclusion of the contract, without giving any reason and without costs other than those expressly permitted by law. For digital services not supplied on a tangible medium, the right of withdrawal may be excluded if the service has been fully performed with the Consumer’s express agreement and acknowledgement of the loss of the right of withdrawal once the service has been fully performed, or, for digital content not supplied on a tangible medium, where the Consumer has given express consent to begin performance during the withdrawal period and has acknowledged the loss of the right of withdrawal, and the Operator has provided written confirmation thereof.
With specific reference to the “Ora” service: the subscription (weekly, monthly or annual) is a digital service whose performance begins immediately, at the User’s request, upon subscription. If the User withdraws within 14 days of subscribing, the Operator refunds the amounts paid, less an amount proportionate to the service provided up to the moment the User communicated the withdrawal, pursuant to Article 57 of the Italian Consumer Code. Virtual gifts involve the immediate supply of digital content not supplied on a tangible medium: at the time of purchase the User gives express consent to its immediate supply and acknowledges the loss of the right of withdrawal once it has been supplied, pursuant to Article 59 of the Italian Consumer Code.
The Operator will provide clear practical instructions on the methods, time limits and contact details for exercising the right of withdrawal.
The User undertakes to use the “Ora” service in compliance with the law, these Terms and the rights of third parties, refraining from any unlawful use or use inconsistent with the purpose of the service, from activities that may compromise the security or proper functioning of the system, and from any infringement of intellectual property rights.
The User further undertakes to use language within the bounds of common courtesy and not discriminatory towards any group.
The User is expressly prohibited from communicating, requesting or attempting to obtain within the service any contact details or channels outside the platform, such as, by way of example, telephone numbers, e-mail addresses, full identifying names, profiles or accounts on social networks, messaging services or other third-party services, including where expressed in disguised form (for example in letters instead of digits, through images or by means of substitute characters). The Operator uses automatic systems to detect and redact such content; their operation neither excludes nor limits the User’s responsibility. Breach of this prohibition entitles the Operator to suspend or terminate the relationship even after a single attempt; repeated attempts normally result in termination of the contract, with the effects set out in the following paragraph.
Failure to comply with the above obligations entitles the Operator to terminate the contract with the User, with immediate interruption of access to the service and retention of the sums paid up to that time, to the refund of which the User acknowledges having no right, such sums being deemed a penalty for the breach and compensation for the damage to the Operator’s image caused by the improper or offensive conduct.
The Operator is liable, within the limits of the law, for the proper provision of the digital service “Ora”, it being understood that the service is provided “as is” with respect to the features described in the contractual information and on the Operator’s website.
The content of introductions and conversations is generated automatically by artificial intelligence. It may contain inaccurate, inconsistent or purely fictional information and in no case constitutes psychological, medical, legal, financial or other professional advice. The User acknowledges the entertainment nature of the service and undertakes not to base significant decisions on it.
The service is reserved for adults. The Operator reserves the right to suspend or terminate the relationship in the event of use by minors.
The Operator is not liable for any consequences arising from the User’s use of the service other than those attributable to the Operator’s own breach within the limits of the law, and any obligation of result of a relational or romantic nature is excluded.
The Operator may amend these Terms for supervening technical, organisational, regulatory or security reasons, without prejudice to the Consumer’s mandatory rights.
Changes, including changes to the price of the service, will be communicated to the User with reasonable notice through the communication channels indicated (e-mail, in-account notification, etc.), specifying the date on which they take effect. If the changes significantly affect the content of the contract, the Consumer will be entitled to withdraw without penalty before the date on which the changes take effect.
The Operator provides the User with support and complaint-handling channels, indicating the contact details (e-mail: studio@colangelolegal.it – certified e-mail (PEC): enrico.colangelo@ordineavvocatipadova.it), the procedure and the response times (written reply within 30 days), in accordance with the information obligations and the rules on fair commercial practices.
The contract is governed by Italian law, without prejudice to the application of mandatory consumer protection rules of other jurisdictions where applicable. For disputes with a Consumer, the competent court is that of the place where the Consumer resides or is domiciled.