Please review this User Terms of Service Agreement (referred to as ”the Agreement”) carefully before using the AI products provided by InfluencerAI (”Service Provider”). InfluencerAI is a technology service provider and, at the time of this agreement, is a division of Call Fusion Corp. THIS DOCUMENT STATES THE TERMS AND CONDITIONS UNDER WHICH THE SERVICE PROVIDER OFFERS YOU ACCESS TO AI PRODUCTS. THESE TERMS CONSTITUTE A BINDING CONTRACTUAL AGREEMENT BETWEEN YOU AND THE SERVICE PROVIDER. By accessing and using the website and AI products provided by the Service Provider, you, the user, acknowledge and agree to be bound by the Agreement. This Agreement applies to all influencer-specific AI experiences and digital interaction platforms offered by the Service Provider. The use of these AI products is intended solely for users who are at least 18 years of age. If you do not agree to the terms outlined herein, you must cease using the AI products immediately. The Service Provider reserves the right to modify these terms at any time. Continued use of the AI products after any amendments signifies your acceptance of the revised terms. We recommend that you review this Agreement periodically to stay informed of any changes.
The Service, as provided by the Service Provider, necessitates adherence to specific eligibility criteria for access and use: 1. The Service is specifically designed for users who are 18 years of age or older. This age threshold is established to ensure users have reached an age of majority, which typically aligns with the legal capacity to enter into binding contracts. Registration, access, or use of the Service by individuals under 18 is not authorized, aligning with legal and ethical standards, and is seen as a breach of the Agreement. 2. Users are required to possess the legal capacity to form binding contracts under the law applicable to them. This means that by agreeing to these terms, users confirm they are legally capable of entering into this Agreement. This legal capacity ensures that users are fully aware of their rights and obligations under the Agreement. 3. It is essential for users to ensure their engagement with the Service aligns with the laws and regulations applicable within their jurisdiction. This compliance covers a broad spectrum of legalities, including but not limited to, data protection, user conduct, and content restrictions. By adhering to these laws, users help maintain a lawful and ethical environment for all Service participants.
For complete access to the functionalities of the Service, users are required to undergo a registration process: 1. Users are required to provide certain personal information, including but not limited to name, email address, and age, to create an account. Users agree to provide truthful and accurate information. 2. Users are responsible for maintaining the accuracy and completeness of their account information. It is the user’s responsibility to promptly update their information in the event of any changes. 3. Users bear the responsibility for safeguarding their account credentials, particularly their passwords. The user is accountable for all activities conducted under their account. The Service Provider disclaims liability for any loss or damage stemming from the user’s non-compliance with these security measures. 4. The user’s account is strictly individual and personal. The transfer or sharing of accounts with other individuals is prohibited.
The Service Provider introduces the AI Agent, a sophisticated digital platform designed to simulate interactions with various influencers. This service encompasses several key features and principles: 1. The AI Agent leverages advanced computational algorithms to mimic the communication style, tone, and persona of selected influencers, facilitating dynamic dialogues and virtual interactions for users. 2. The AI Agent is a synthetic emulation, generating responses and interactions using artificial intelligence. These do not represent the actual thoughts or opinions of the influencer and operate within the confines of current technology, which may not capture the full spectrum of human interaction or an influencer’s complete personality. 3. While striving for a realistic user experience, the AI Agent operates within the confines of its programming and data. It might not fully encapsulate the nuanced complexities of human interaction or the complete depth of an influencer’s personality. The generated responses, based on existing data and algorithms, are integral to this simulation. 4. The AI Agent’s performance and interaction quality are subject to ongoing enhancements. Regular updates aim to refine its capabilities and user experience. The Service Provider’s objective is to provide an engaging and entertaining experience, allowing users to interact with digital representations of influencers while clearly acknowledging the technological scope and limitations.
This section elaborates on the expected standards of conduct and the specific restrictions for users engaging with the AI product provided by the Service Provider. Adherence to these guidelines is crucial in maintaining a respectful, secure, and productive environment for all users: 1. Prohibited Conduct Guidelines. Users must refrain from illegal, harmful, or offensive conduct. This includes activities that violate laws, infringe on rights, involve harassment, discrimination, or dissemination of harmful or offensive material. Beyond refraining from illegal or harmful behavior, users must also avoid any activities that could disrupt the operational integrity of the AI product. This includes avoiding any actions that might overload or unduly burden the system. 2. Intellectual Property and Security. The integrity of the AI Agent’s technology and intellectual property is paramount. Users are prohibited from any actions that would infringe upon, or attempt to decipher, the underlying technology of the AI Agent. This includes strict prohibitions against piracy, any form of reverse engineering, hacking, unauthorized sharing, and attempts to bypass security measures. Violating the AI Agent’s intellectual property rights may lead to legal consequences and termination of the user’s access to the service. 3. Respectful Interaction. Respectful interaction extends to all forms of communication and content shared via the AI Agent. Users are expected to adhere to a high standard of decency and to avoid any content that could be considered inappropriate or offensive in a public forum. 4. Compliance with Content Standards. Users must comply with detailed content standards that prohibit explicit, offensive, or harmful material. These standards are designed to ensure that interactions remain constructive and do not harm the well-being of other users or the reputation of the Service Provider. Non-compliance with these guidelines is taken seriously and may result in a range of consequences, from warnings to permanent suspension of access, depending on the severity of the infraction.
The AI product developed by the Service Provider incorporates a unique combination of technology and creativity, significantly involving the intellectual property of various influencers. This section delves into the nature of these rights and the user’s responsibilities regarding them. It is crucial to acknowledge the importance of influencer rights, particularly concerning their voice, personality, and likeness. These aspects form the cornerstone of the AI product’s appeal and functionality, and are protected under intellectual property laws. Users of the AI product are required to not only recognize but also respect these rights. The respect for such rights is not just a legal obligation but a commitment to ethical use, ensuring that the essence of these influencers is preserved and not misappropriated. The Service Provider grants users a non-transferable, non-exclusive, revocable, limited license to access and use the AI product solely for personal, non-commercial purposes. This license does not extend to any form of ownership, intellectual property rights, or other proprietary interests in the AI product or its content. This distinction is critical to maintaining the integrity of the service and respecting the intellectual property it encompasses. The Service Provider imposes strict restrictions on the commercial exploitation of the AI product and its content. Users are expressly prohibited from engaging in activities such as reproduction, modification, distribution, sale, or broadcasting of the AI product or any part of its content without explicit authorization from the Service Provider. This prohibition is a guardrail against unauthorized commercial use, safeguarding the Service Provider’s interests and those of the influencers represented in the AI product. The Service Provider unequivocally retains all rights, title, and interest in the AI product. This includes, but is not limited to, the software, technologies, documentation, and content provided as part of the service. The preservation of these rights is fundamental to the ongoing development and provision of the AI product, ensuring that the Service Provider can continue to offer innovative and engaging experiences to its users. Non-compliance with these intellectual property provisions is treated with utmost seriousness, potentially leading to legal repercussions and termination of service access. It is the responsibility of every user to adhere to these terms, thereby contributing to a respectful and legally compliant user community.
The Service Provider offers the AI product with a flexible pricing structure that may include various models, such as subscription-based plans or one-time fees, depending on the specific services and features chosen by the user. The details regarding the pricing structure will be transparently communicated at the time of registration or purchase. It is important to note that this pricing structure is subject to change based on market dynamics and company policies. For users opting for a subscription model, the billing will be in accordance with the chosen subscription plan. This could range from monthly to annual billing cycles, and the specifics of these charges, including any recurring fees, will be clearly outlined during the subscription process. The subscription model is designed to provide users with flexibility and consistent access to our services. Regarding refunds, the Service Provider maintains a no-refund policy. All purchases made, whether they are one-time fees or subscription charges, are final and non-refundable. Users have the discretion to cancel their subscriptions if they wish; however, it should be noted that no refunds will be issued for any remaining period of the subscription. This policy is in place to maintain fairness and clarity in our billing practices.
The AI Agent, a product of the Service Provider, operates within the realm of advanced technology that has its own set of limitations and uncertainties. As such, the Service Provider does not guarantee the accuracy or reliability of the AI Agent’s responses. These algorithmically-generated responses may not always align with factual accuracy or reflect the true opinions or expressions of the influencers. Users are advised to use their discretion while interacting with the AI Agent. Moreover, the AI product is provided ”AS IS” and without any warranty, either express or implied. THE SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. This disclaimer serves to clarify that the Service Provider is not liable for any discrepancies or inconsistencies that may arise from the AI product’s performance. Furthermore, the Service Provider shall not be held liable for any indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use the AI product. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. Users acknowledge that they engage with the AI product at their own risk and discretion, and their sole remedy against dissatisfaction is to cease using the product.
User-Generated Content (UGC) is a vital aspect of the interaction with the AI Agent. This encompasses any form of text, messages, or other materials that users contribute during their engagement with the AI product. The UGC is a reflection of the user’s creativity and insight, and it plays a crucial role in the dynamics of the AI interaction. When users contribute UGC, they retain ownership of it. However, by participating, they grant the Service Provider a non-exclusive, royalty-free license. This license allows the Service Provider to use, reproduce, modify, and display the UGC. The purpose of this is to enhance the operation and continual improvement of the AI product. This is a standard practice that enables the Service Provider to adapt and evolve the AI Agent’s interactions and functionalities. Furthermore, users have a responsibility regarding the content they create. It is imperative that UGC adheres to legal and ethical standards. This means ensuring that the content does not violate any laws, infringe upon anyone’s rights, or contain material that could be deemed harmful, offensive, or inappropriate. The Service Provider takes this seriously and reserves the right to review, and if necessary, modify or remove any UGC that does not meet these standards. By contributing UGC, users are not only showcasing their engagement with the AI Agent but also agreeing to these terms. They acknowledge their role in maintaining a respectful and lawful interactive environment.
The Service Provider reserves the right to suspend or terminate accounts if users breach the Agreement, engage in illegal activities, or exhibit behavior harmful to other users or the AI product. This action may be taken in situations including, but not limited to: 1. Breaching the Agreement terms. 2. Engaging in illegal activities. 3. Exhibiting behavior harmful to other users or the AI product. Additionally, the Service Provider reserves the right to terminate a user's access to the Services at any time, for any reason at its sole discretion, and with or without prior notice to the user. This right is in addition to any other termination rights set forth in this Agreement Upon suspension or termination, users will be notified and informed of the reasons. This communication is vital to ensure transparency in the Service Provider’s actions. Users are entitled to appeal against suspension or termination decisions. The Service Provider outlines a specific process for appeals, allowing users to present their case for reconsideration and potentially reinstating their account. This process ensures fairness and gives users a chance to rectify any misunderstandings or correct their actions.
Users of the AI product provided by the Service Provider agree to indemnify and hold harmless the Service Provider, its affiliates, officers, agents, and employees from any legal claims, demands, or liabilities, which may include reasonable attorneys’ fees. Such challenges may arise in various scenarios, including but not limited to: 1. The user’s use of the AI product. 2. Any breach of the Agreement by the user. 3. Infringement of intellectual property or other rights. The scope of this indemnification encompasses covering the Service Provider for any liabilities, losses, damages, and costs that might be incurred due to the user’s actions or violations as mentioned above. This provision is integral to the Agreement, ensuring that the Service Provider is protected against potential legal repercussions arising from users’ actions that contravene the terms of the Agreement or infringe upon legal rights.
The approach to resolving disputes arising from this Agreement involves a structured process: 1. Initially, parties are encouraged to seek resolution through direct negotiation. This step is aimed at finding an amicable solution without the need for formal proceedings. 2. If negotiation does not resolve the dispute, it will proceed to binding arbitration. The arbitration will be conducted under the rules of an arbitration institution mutually agreed upon by the parties. 3. The governing law for the Agreement and any disputes arising from it will be the laws of the jurisdiction where the Service Provider’s headquarters are located, regardless of conflict of law principles. Any legal action related to this Agreement must be instituted in the federal or provincial courts located in the jurisdiction of the Service Provider’s headquarters. This stipulation is key to determining the legal venue for disputes.
Severability. The Agreement is designed to remain effective even if individual provisions are found invalid or unenforceable. In such cases, the specific provision will be modified to the minimum extent necessary to make it valid, while the rest of the Agreement continues to be in effect. Waiver Provisions. Waivers related to this Agreement must adhere to strict formalities: 1. A waiver is only effective if it is in writing and signed by the party waiving its rights. 2. Waiving any breach of the Agreement does not imply a waiver of any future breaches. Entire Agreement. This Agreement represents the complete understanding between the parties on its subject and supersedes all prior agreements, whether written or oral.
When users engage with the AI product, they are affirming that they have thoroughly reviewed, understood, and agreed to comply with all the terms and conditions set forth in this Agreement. This acknowledgment extends to any future amendments to the Agreement, underscoring the importance of users staying informed about any changes. The continual use of the AI product by users represents an ongoing acceptance of the agreement’s terms. This includes any modifications that may be made to the Agreement in the future. Users’ ongoing engagement with the AI product indicates their agreement to adapt to these evolving terms, maintaining their compliance with the updated policies and practices
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