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Fanfy LTD Terms of Service

Last updated: September 2024

  1. Introduction

Welcome to Fanfy LTD ("Fanfy," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website located at fanfy.ai (collectively, the "Service") operated by Fanfy LTD.

Our Service allows fans to interact with AI-powered chatbots and avatars that simulate conversations and interactions with influencers. These chatbots and avatars use artificial intelligence to generate text, voice, and image content based on publicly available data about the influencers.

The Service includes both "Safe For Work" ("SFW") and "Not Safe For Work" ("NSFW") interaction modes. The NSFW mode may include sexually explicit content.

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

  1. Eligibility and Account Use

Age Requirements:

  • SFW Mode: You must be at least 13 years of age to use the SFW portions of the Service.
  • NSFW Mode: You must be at least 18 years of age to access the NSFW portions of the Service.

By using the Service, you represent and warrant that you meet the applicable age requirement.

Account Information:

  • You must provide accurate, current, and complete information during registration.
  • You are responsible for maintaining the confidentiality of your account credentials.
  • You agree to promptly update your account information to keep it accurate and complete.

Account Security:

  • You are responsible for all activities that occur under your account.
  • Notify us immediately at support@fanfy.ai of any unauthorized use of your account.
  • We are not liable for any loss or damage arising from your failure to safeguard your account.

Account Termination:

  • We reserve the right to suspend or terminate your account at our discretion, including for any violation of these Terms.
  • Upon termination, your right to use the Service will cease immediately.
  1. Intellectual Property Rights

Ownership:

  • The Service and its entire contents, features, and functionality are owned by Fanfy, its licensors, or other providers and are protected by international intellectual property laws.

Limited License:

  • You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

Restrictions:

  • You agree not to:
    • Reproduce, distribute, modify, or create derivative works of the Service.
    • Reverse-engineer, decompile, or disassemble any software or code associated with the Service.
    • Use any illustrations, photographs, video or audio sequences, or graphics separately from the accompanying text.
  1. Interactions with AI Chatbots and Avatars

Entertainment Purposes:

  • The AI chatbots and avatars are computer-generated simulations for entertainment purposes only.
  • They do not represent real individuals and cannot form real relationships.

Content Disclaimer:

  • The AI may generate content that is sexually explicit, offensive, or inappropriate, especially in NSFW mode.
  • Fanfy does not endorse or take responsibility for any AI-generated content.

User Responsibility:

  • You interact with the AI at your own risk and discretion.
  • You agree to use the content responsibly and comply with all applicable laws.
  1. Subscription Plans and Credits

Subscription Plans:

  • Services Offered: Fanfy offers subscription plans that provide you with a certain number of credits each billing cycle.
  • Credits Usage: Credits can be used to interact with AI chatbots and avatars, including accessing premium features.
  • Subscription Agreement: By subscribing, you agree to pay the applicable subscription fees and any taxes incurred.

Purchasing Additional Credits:

  • Additional Credits: After subscribing, you may purchase additional credit packages to enhance your experience.
  • Payment Terms: All purchases are final and non-refundable unless otherwise specified in these Terms.

Billing and Payment:

  • Payment Method: You must provide a valid payment method (e.g., credit card, debit card) to subscribe.
  • Authorization: By providing a payment method, you authorize us to charge all fees incurred through your account to that payment method.
  • Billing Cycle: Subscription fees will be billed at the beginning of your subscription and on each recurring billing date thereafter unless you cancel.

Auto-Renewal:

  • Automatic Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel.
  • Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing cycle.
  • Price Changes: We reserve the right to change subscription fees, but we will notify you in advance of any changes.

Refund Policy:

  • No Refunds: Except as required by law, subscription fees and credit purchases are non-refundable.
  • Exceptional Circumstances: In case of service disruptions or other issues, refunds or credits may be issued at our sole discretion.

Taxes:

  • Responsibility: You are responsible for any taxes applicable to your transactions.
  • Collection: If we are required to collect or pay taxes, they will be charged to your payment method.
  1. User Conduct

You agree not to use the Service in any way that:

  • Violates Laws: Contravenes any applicable federal, state, local, or international law or regulation.
  • Exploits Minors: Exploits or harms minors in any manner.
  • Unauthorized Advertising: Transmits unauthorized advertising, promotional materials, or spam.
  • Harassment: Harasses, abuses, or harms another person or entity.
  • Interferes with Others: Restricts or inhibits any other person from using or enjoying the Service.
  1. Prohibited Uses

You agree not to:

  • Impersonate: Attempt to impersonate Fanfy, a Fanfy employee, another user, or any other person or entity.
  • Disrupt Service: Use the Service in a manner that could disable, overburden, or impair the Service.
  • Unauthorized Access: Attempt to gain unauthorized access to any part of the Service or any related systems.
  • Harass Staff: Harass, threaten, or defame any Fanfy employees or agents.
  • Manipulate AI: Attempt to corrupt, manipulate, or influence the AI models used by the Service.
  • Illegal Activities: Engage in any illegal or unauthorized activities.
  1. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.

  1. Disclaimer of Warranties

As-Is Basis:

  • The Service is provided on an "AS IS" and "AS AVAILABLE" basis.

No Warranty:

  • Fanfy disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Fanfy makes no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

No Guarantee:

  • Fanfy does not guarantee the accuracy, completeness, or usefulness of any content provided through the Service.
  1. Limitation of Liability

In no event shall Fanfy, its affiliates, licensors, or their respective directors, employees, agents, or partners be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:

  • Loss of profits, data, use, goodwill, or other intangible losses.

Damages resulting from:

  • Your access to or use of or inability to access or use the Service.
  • Any conduct or content of any third party on the Service.
  • Any content obtained from the Service, including AI-generated content.
  • Unauthorized access, use, or alteration of your transmissions or content.

Maximum Liability:

  • To the fullest extent permitted by law, Fanfy's total liability for any claims under these Terms shall not exceed the amount you paid to use the Service.
  1. Indemnification

You agree to defend, indemnify, and hold harmless Fanfy, its affiliates, licensors, and their respective directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with:

  • Your access to or use of the Service.
  • Your violation of these Terms.
  • Your violation of any rights of a third party, including intellectual property rights.
  • Any content you provide to the Service.
  1. Termination

Termination by Fanfy:

  • We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms.

Termination by You:

  • You may terminate your account and discontinue your use of the Service at any time.

Effect of Termination:

  • Upon termination, your right to use the Service will immediately cease.
  • All provisions of these Terms that should survive termination will remain in effect, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
  1. Complaints and Disputes

13.1 Complaints Procedure

If you have any complaints or concerns regarding the Service, please contact us as soon as possible so we can attempt to resolve the issue. You can reach our customer support team via email at support@fanfy.ai or by mail at:

Fanfy LTD
124 City Road
London, United Kingdom EC1V 2NX

We aim to acknowledge all complaints within 5 working days and to resolve them within 30 days where possible.

13.2 Dispute Resolution

If we are unable to resolve your complaint to your satisfaction, you and Fanfy agree to attempt to resolve any disputes arising from or relating to these Terms or the Service through good faith negotiations.

13.3 Mediation

If a dispute cannot be resolved by negotiation within 30 days, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a neutral adviser or mediator before resorting to litigation.

13.4 Legal Proceedings

Nothing in this section shall prevent either party from initiating court proceedings at any time, especially in cases where interim or injunctive relief is required.

13.5 Consumer Rights

If you are a consumer, you may have additional rights under applicable consumer protection laws, and this section does not affect those rights.

13.6 Alternative Dispute Resolution

If you are a consumer and reside in the United Kingdom or the European Union, you may be entitled to refer a dispute to an alternative dispute resolution (ADR) provider. For more information, please visit the European Commission’s Online Dispute Resolution platform at http://ec.europa.eu/odr.

  1. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Dispute Resolution:

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in England and Wales.

You consent to the jurisdiction of such courts and waive any objections to the exercise of jurisdiction over you by such courts.

  1. Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

Notice of Changes:

  • If a revision is material, we will provide at least 30 days' notice prior to the new terms taking effect.
  • We will notify you via email or by posting a notice on the Service.

Acceptance of Changes:

  • By continuing to access or use our Service after any revisions become effective, you agree to be bound by the updated Terms.
  • If you do not agree to the new Terms, you must stop using the Service.
  1. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Fanfy regarding your use of the Service and supersede all prior agreements, understandings, or communications.

  1. Severability

If any provision of these Terms is held to be invalid or unenforceable:

  • Such provision will be modified to the minimum extent necessary to make it valid and enforceable.
  • The remaining provisions of these Terms will remain in full force and effect.
  1. Waiver

No waiver by Fanfy of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term.

  1. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms without restriction.

  1. Contact Us

If you have any questions about these Terms, please contact us:

Email: support@fanfy.ai

Address:

Fanfy LTD
124 City Road
London, United Kingdom EC1V 2NX

Acknowledgment

By using the Service, you acknowledge that you have read these Terms, understand them, and agree to be bound by them.