Terms & Conditions
Channel AI: Terms & Conditions
Welcome to Channel AI!
We’re delighted to have you here. These Terms of Service (“Terms”) govern your use of Channel AI and the software, content, and services (collectively, “Services”) offered through our website and platform (collectively, the “Platform”).
Please read these terms carefully before you start using the Services.
The term “Channel AI,” “us” or “we” refers to Channel AI - a product of Fanzetti, Inc.
The term “device” refers to the device used to access the Services, including but not limited to computers, smartphones, and tablets.
The term “you” refers to the user of the Services.
When you sign up for any of the Services or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the services.
Our contact email address is admin@fanzetti.com. All correspondence to Channel AI, including any queries you may have regarding your use of the Services or these Terms, should be sent to this contact email address.
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND CHANNEL AI AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND CHANNEL AI WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. OUR SERVICES
Channel AI offers a platform that enables influencers to create AI clones of themselves, which their fans can interact with through a text and voice interface.
1.1. Entertainment disclaimer
Channel AI provides software and content designed to offer interactive and engaging experiences for fans through AI clones. However, our Services are not meant to provide professional advice, healthcare, or medical services. The AI clones created on our platform are solely for the purpose of entertainment and should not be considered as a substitute for professional advice or endorsements from the influencers themselves. While Channel AI takes measures to provide accurate information through their AI clones, there might be instances when the AI clones generate incorrect information. Using or relying on such information is solely at the user's risk.
1.2. Inappropriate or harmful content
Users are advised to exercise caution when engaging in conversations with the AI clones. While we implement constraints on the AI model to ensure that it does not generate content that may violate legal, ethical, or community standards, Channel AI is not responsible for any inappropriate, offensive, or harmful content generated by the AI clones.
1.3. Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Channel AI will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.2. PAYMENTS & BALANCES
2.1. Adding balance to your account
To access and use certain features of Channel AI's Services, you may be required to add balance to your account using Stripe's payment processing capabilities. By adding balance to your account, you agree that all payments are processed through Stripe and that the information you provide for the transactions is true, accurate, current, and complete.
2.2. Usage of balance
You are solely responsible for using the balance in your account to access the Services and interact with the AI clones. The balance in your account can only be used for transactions within the Platform.
2.3. One-time payments
Channel AI offers one-time payments to add balance to your account. Once the balance is added, you can use it to access the AI clones and interact with them without any time limit.
2.4. No refunds
All payments made to add balance to your account are non-refundable. By using the Services and adding the balance, you agree that no refunds will be provided for any reason, including partial usage or non-usage of the balance.
3. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and limits concerning the use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that Channel AI has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
4. ACCESS VIA TELEGRAM
Some of our Services, such as interacting with AI clones, can be accessed through the Telegram messaging platform, available on both desktop and mobile devices. To use our Services via Telegram, you will need to have a valid Telegram account.
Please note that when you access our Services through Telegram, your wireless service carrier's standard charges, data rates, and other fees may apply. Certain features and functionalities of our Services may depend on the device, carrier, or Telegram's platform restrictions. By using our Services through Telegram, you agree that we may communicate with you via the Telegram platform, and certain information about your usage of the Services may be transmitted to us to provide and improve the Services.
5. CONDITIONS OF USE
5.1. User conduct
You are solely responsible for all interactions and conversations that you engage in with the AI clones on our platform. The following are examples of the kind of content and/or use that is prohibited by Channel AI. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, suspending or terminating their access to the Services and reporting any violations to the appropriate authorities. You agree not to use the Services to:
Engage in any conversation that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to engage in under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other malicious content intended to harm our platform or other users; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities, and/or sales; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or objectionable; or (vii) in the sole judgment of Channel AI, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose Channel AI or its users to any harm or liability of any type;
Interfere with or disrupt the Services or servers or networks connected to the Services or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; or
Violate any applicable local, state, national, or international law or any regulations having the force of law;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Solicit personal information from anyone under the age of 18;
Use contact information obtained via the Services for any unsolicited communications or for any purpose not specifically authorized;
Promote or engage in any criminal activity or enterprise or provide instructional information about illegal activities; or
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
5.2. Special notice for international use; Export controls
Software (defined below) and data transmission associated with the Services are subject to any applicable export controls. Users are responsible for ensuring compliance with all local and international laws regarding the downloading, exporting, or re-exporting of any software or data from the Services. Downloading or using any software related to the Services is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including those concerning online conduct and acceptable content.
5.3. Non-commercial use
The Services are intended for your personal use only. Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes any portion of the Services, use of the Services, or access to the Services.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. Service content, software, and trademarks
You acknowledge and agree that the Services may contain content or features ("Service Content") protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Channel AI, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Service Content, in whole or in part. The exception is your own interactions that you may legally engage in with the AI clones within the Services. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Channel AI from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited.
The technology and software underlying the Services or distributed in connection with them are the property of Channel AI, our affiliates, and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Channel AI.
The Channel AI name and logos are trademarks and service marks of Channel AI (collectively the "Channel AI Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Channel AI. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Channel AI Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Channel AI Trademarks will insure to our exclusive benefit.
7. Third-party material
Under no circumstances will Channel AI be liable in any way for any content or materials of any third parties (including users), including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Channel AI does not pre-screen content but reserves the right (but not the obligation) in its sole discretion to refuse or remove any content available via the Services. Without limiting the foregoing, Channel AI and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Channel AI, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
7.1 User interactions and content
With respect to the content or other materials you upload or share through the Services or share with other users (collectively, “User Content”), you represent and warrant that you own all rights, titles, and interests in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services ("Submissions"), provided by you to Channel AI, are non-confidential, and Channel AI will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Channel AI may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Channel AI, our users, and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. Copyright complaints
Channel AI respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you should notify Channel AI of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Channel AI's Copyright Agent at admin@fanzetti.com (Subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Fanzetti, Inc.
3700 Clawson RD, Unit 403
Austin, TX 78704
United States of America
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
8.5. Counter-notice
If you believe that your User Content that was removed (or to which access was disabled) is not infringing or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the court located within the State of Texas and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Channel AI will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Channel AI has adopted a policy of terminating, in appropriate circumstances and at Channel AI's sole discretion, users who are deemed to be repeat infringers. Channel AI may also, at its sole discretion, limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
9. THIRD PARTY WEBSITES
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Channel AI has no control over such sites and resources and is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Channel AI will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Channel AI is not liable for any loss or claim that you may have against any such third party.
10. WARRANTY, INDEMNITY, AND LIABILITY
10.1. Indemnity and release
You agree to release, indemnify, and hold Channel AI and its affiliates and their officers, employees, directors, and agents (collectively, "Indemnities") harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnity from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Indemnity. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
10.2. Disclaimer of warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHANNEL AI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
CHANNEL AI MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
10.3. Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHANNEL AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CHANNEL AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL CHANNEL AI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CHANNEL AI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
11. DISPUTE RESOLUTION
11.1. Negotiation
Channel AI is always interested in resolving disputes amicably and efficiently. Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at [support email address]. If such efforts prove unsuccessful, either party may provide written notice of the dispute to the other party, including a brief description of the nature and basis of the dispute and the specific relief sought. Both parties shall engage in good faith negotiations to resolve the dispute within thirty (30) calendar days from the receipt of the notice.
11.2. Mediation
If the dispute cannot be resolved through negotiation within the specified time, the parties shall attempt to resolve it through mediation by a mutually agreed-upon mediator. If the parties cannot agree on a mediator, either party may request a mediator from a recognized Mediation Institute or other appropriate institution in the State of Texas. The mediation process shall be conducted in accordance with the State of Texas Mediation & Alternative Dispute Resolution (RULE §155.351). Both parties shall share the costs of mediation equally, unless agreed otherwise.
11.3. Legal action
If the dispute cannot be resolved through negotiation or mediation, either party may take appropriate legal action in accordance with Texas law. Any legal action arising out of or relating to these Terms of Service, the Services, or any aspects of the relationship or transactions between the parties shall be brought in the competent court of Texas. Both parties agree to submit to the jurisdiction of the State of Texas courts for the purpose of litigating all such disputes.
12. GENERAL CONDITIONS
12.1. Termination
You agree that Channel AI, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Channel AI believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. Channel AI may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Channel AI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Channel AI will not be liable to you or any third party for any termination of your access to the Service.
12.2. User disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Channel AI will have no liability or responsibility with respect thereto. Channel AI reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
12.3. Entire agreement
These Terms of Service constitute the entire agreement between you and Channel AI and govern your use of the Service, superseding any prior agreements between you and Channel AI concerning the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software.
12.4. Choice of law
These Terms of Service will be governed by the laws of the State of Texas, without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, you and Channel AI agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Texas. The failure of Channel AI to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. YOUR PRIVACY
At Channel AI, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Please contact us at admin@fanzetti.com to report any violations of these Terms of Service or to ask us any questions regarding these Terms of Service or our Services.
Channel AI: Terms & Conditions
Welcome to Channel AI!
We’re delighted to have you here. These Terms of Service (“Terms”) govern your use of Channel AI and the software, content, and services (collectively, “Services”) offered through our website and platform (collectively, the “Platform”).
Please read these terms carefully before you start using the Services.
The term “Channel AI,” “us” or “we” refers to Channel AI - a product of Fanzetti, Inc.
The term “device” refers to the device used to access the Services, including but not limited to computers, smartphones, and tablets.
The term “you” refers to the user of the Services.
When you sign up for any of the Services or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the services.
Our contact email address is admin@fanzetti.com. All correspondence to Channel AI, including any queries you may have regarding your use of the Services or these Terms, should be sent to this contact email address.
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND CHANNEL AI AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND CHANNEL AI WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. OUR SERVICES
Channel AI offers a platform that enables influencers to create AI clones of themselves, which their fans can interact with through a text and voice interface.
1.1. Entertainment disclaimer
Channel AI provides software and content designed to offer interactive and engaging experiences for fans through AI clones. However, our Services are not meant to provide professional advice, healthcare, or medical services. The AI clones created on our platform are solely for the purpose of entertainment and should not be considered as a substitute for professional advice or endorsements from the influencers themselves. While Channel AI takes measures to provide accurate information through their AI clones, there might be instances when the AI clones generate incorrect information. Using or relying on such information is solely at the user's risk.
1.2. Inappropriate or harmful content
Users are advised to exercise caution when engaging in conversations with the AI clones. While we implement constraints on the AI model to ensure that it does not generate content that may violate legal, ethical, or community standards, Channel AI is not responsible for any inappropriate, offensive, or harmful content generated by the AI clones.
1.3. Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Channel AI will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.2. PAYMENTS & BALANCES
2.1. Adding balance to your account
To access and use certain features of Channel AI's Services, you may be required to add balance to your account using Stripe's payment processing capabilities. By adding balance to your account, you agree that all payments are processed through Stripe and that the information you provide for the transactions is true, accurate, current, and complete.
2.2. Usage of balance
You are solely responsible for using the balance in your account to access the Services and interact with the AI clones. The balance in your account can only be used for transactions within the Platform.
2.3. One-time payments
Channel AI offers one-time payments to add balance to your account. Once the balance is added, you can use it to access the AI clones and interact with them without any time limit.
2.4. No refunds
All payments made to add balance to your account are non-refundable. By using the Services and adding the balance, you agree that no refunds will be provided for any reason, including partial usage or non-usage of the balance.
2.5. Commissions
Users of the Channel AI app to create their AI clone bots, agree to the following commissions retained by the platform: Channel AI retains 45% of the payments generated from customer interactions with their AI clone bot. The creator of the bot keeps 55% of the payments generated from customer interactions with their AI clone bot. This fee structure is subject to change. In the event of a change in fee structure, an announcement will be made in advance, more than 7 days prior to the change occurring.
3. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and limits concerning the use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that Channel AI has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
4. ACCESS VIA TELEGRAM
Some of our Services, such as interacting with AI clones, can be accessed through the Telegram messaging platform, available on both desktop and mobile devices. To use our Services via Telegram, you will need to have a valid Telegram account.
Please note that when you access our Services through Telegram, your wireless service carrier's standard charges, data rates, and other fees may apply. Certain features and functionalities of our Services may depend on the device, carrier, or Telegram's platform restrictions. By using our Services through Telegram, you agree that we may communicate with you via the Telegram platform, and certain information about your usage of the Services may be transmitted to us to provide and improve the Services.
5. CONDITIONS OF USE
5.1. User conduct
You are solely responsible for all interactions and conversations that you engage in with the AI clones on our platform. The following are examples of the kind of content and/or use that is prohibited by Channel AI. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, suspending or terminating their access to the Services and reporting any violations to the appropriate authorities. You agree not to use the Services to:
Engage in any conversation that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to engage in under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other malicious content intended to harm our platform or other users; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities, and/or sales; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or objectionable; or (vii) in the sole judgment of Channel AI, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose Channel AI or its users to any harm or liability of any type;
Interfere with or disrupt the Services or servers or networks connected to the Services or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; or
Violate any applicable local, state, national, or international law or any regulations having the force of law;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Solicit personal information from anyone under the age of 18;
Use contact information obtained via the Services for any unsolicited communications or for any purpose not specifically authorized;
Promote or engage in any criminal activity or enterprise or provide instructional information about illegal activities; or
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
5.2. Special notice for international use; Export controls
Software (defined below) and data transmission associated with the Services are subject to any applicable export controls. Users are responsible for ensuring compliance with all local and international laws regarding the downloading, exporting, or re-exporting of any software or data from the Services. Downloading or using any software related to the Services is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including those concerning online conduct and acceptable content.
5.3. Non-commercial use
The Services are intended for your personal use only. Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes any portion of the Services, use of the Services, or access to the Services.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. Service content, software, and trademarks
You acknowledge and agree that the Services may contain content or features ("Service Content") protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Channel AI, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Service Content, in whole or in part. The exception is your own interactions that you may legally engage in with the AI clones within the Services. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Channel AI from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited.
The technology and software underlying the Services or distributed in connection with them are the property of Channel AI, our affiliates, and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Channel AI.
The Channel AI name and logos are trademarks and service marks of Channel AI (collectively the "Channel AI Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Channel AI. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Channel AI Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Channel AI Trademarks will insure to our exclusive benefit.
7. Third-party material
Under no circumstances will Channel AI be liable in any way for any content or materials of any third parties (including users), including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Channel AI does not pre-screen content but reserves the right (but not the obligation) in its sole discretion to refuse or remove any content available via the Services. Without limiting the foregoing, Channel AI and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Channel AI, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
7.1 User interactions and content
With respect to the content or other materials you upload or share through the Services or share with other users (collectively, “User Content”), you represent and warrant that you own all rights, titles, and interests in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services ("Submissions"), provided by you to Channel AI, are non-confidential, and Channel AI will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Channel AI may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Channel AI, our users, and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. Copyright complaints
Channel AI respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you should notify Channel AI of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Channel AI's Copyright Agent at admin@fanzetti.com (Subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Fanzetti, Inc.
3700 Clawson RD, Unit 403
Austin, TX 78704
United States of America
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
8.5. Counter-notice
If you believe that your User Content that was removed (or to which access was disabled) is not infringing or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the court located within the State of Texas and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Channel AI will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Channel AI has adopted a policy of terminating, in appropriate circumstances and at Channel AI's sole discretion, users who are deemed to be repeat infringers. Channel AI may also, at its sole discretion, limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
9. THIRD PARTY WEBSITES
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Channel AI has no control over such sites and resources and is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Channel AI will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Channel AI is not liable for any loss or claim that you may have against any such third party.
10. WARRANTY, INDEMNITY, AND LIABILITY
10.1. Indemnity and release
You agree to release, indemnify, and hold Channel AI and its affiliates and their officers, employees, directors, and agents (collectively, "Indemnities") harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnity from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Indemnity. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
10.2. Disclaimer of warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHANNEL AI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
CHANNEL AI MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
10.3. Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHANNEL AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CHANNEL AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL CHANNEL AI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CHANNEL AI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
11. DISPUTE RESOLUTION
11.1. Negotiation
Channel AI is always interested in resolving disputes amicably and efficiently. Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at [support email address]. If such efforts prove unsuccessful, either party may provide written notice of the dispute to the other party, including a brief description of the nature and basis of the dispute and the specific relief sought. Both parties shall engage in good faith negotiations to resolve the dispute within thirty (30) calendar days from the receipt of the notice.
11.2. Mediation
If the dispute cannot be resolved through negotiation within the specified time, the parties shall attempt to resolve it through mediation by a mutually agreed-upon mediator. If the parties cannot agree on a mediator, either party may request a mediator from a recognized Mediation Institute or other appropriate institution in the State of Texas. The mediation process shall be conducted in accordance with the State of Texas Mediation & Alternative Dispute Resolution (RULE §155.351). Both parties shall share the costs of mediation equally, unless agreed otherwise.
11.3. Legal action
If the dispute cannot be resolved through negotiation or mediation, either party may take appropriate legal action in accordance with Texas law. Any legal action arising out of or relating to these Terms of Service, the Services, or any aspects of the relationship or transactions between the parties shall be brought in the competent court of Texas. Both parties agree to submit to the jurisdiction of the State of Texas courts for the purpose of litigating all such disputes.
12. GENERAL CONDITIONS
12.1. Termination
You agree that Channel AI, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Channel AI believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. Channel AI may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Channel AI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Channel AI will not be liable to you or any third party for any termination of your access to the Service.
12.2. User disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Channel AI will have no liability or responsibility with respect thereto. Channel AI reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
12.3. Entire agreement
These Terms of Service constitute the entire agreement between you and Channel AI and govern your use of the Service, superseding any prior agreements between you and Channel AI concerning the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software.
12.4. Choice of law
These Terms of Service will be governed by the laws of the State of Texas, without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, you and Channel AI agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Texas. The failure of Channel AI to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. YOUR PRIVACY
At Channel AI, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Please contact us at support@fanzetti.com to report any violations of these Terms of Service or to ask us any questions regarding these Terms of Service or our Services.
Channel AI: Terms & Conditions
Welcome to Channel AI!
We’re delighted to have you here. These Terms of Service (“Terms”) govern your use of Channel AI and the software, content, and services (collectively, “Services”) offered through our website and platform (collectively, the “Platform”).
Please read these terms carefully before you start using the Services.
The term “Channel AI,” “us” or “we” refers to Channel AI - a product of Fanzetti, Inc.
The term “device” refers to the device used to access the Services, including but not limited to computers, smartphones, and tablets.
The term “you” refers to the user of the Services.
When you sign up for any of the Services or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the services.
Our contact email address is admin@fanzetti.com. All correspondence to Channel AI, including any queries you may have regarding your use of the Services or these Terms, should be sent to this contact email address.
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND CHANNEL AI AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND CHANNEL AI WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. OUR SERVICES
Channel AI offers a platform that enables influencers to create AI clones of themselves, which their fans can interact with through a text and voice interface.
1.1. Entertainment disclaimer
Channel AI provides software and content designed to offer interactive and engaging experiences for fans through AI clones. However, our Services are not meant to provide professional advice, healthcare, or medical services. The AI clones created on our platform are solely for the purpose of entertainment and should not be considered as a substitute for professional advice or endorsements from the influencers themselves. While Channel AI takes measures to provide accurate information through their AI clones, there might be instances when the AI clones generate incorrect information. Using or relying on such information is solely at the user's risk.
1.2. Inappropriate or harmful content
Users are advised to exercise caution when engaging in conversations with the AI clones. While we implement constraints on the AI model to ensure that it does not generate content that may violate legal, ethical, or community standards, Channel AI is not responsible for any inappropriate, offensive, or harmful content generated by the AI clones.
1.3. Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Channel AI will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.2. PAYMENTS & BALANCES
2.1. Adding balance to your account
To access and use certain features of Channel AI's Services, you may be required to add balance to your account using Stripe's payment processing capabilities. By adding balance to your account, you agree that all payments are processed through Stripe and that the information you provide for the transactions is true, accurate, current, and complete.
2.2. Usage of balance
You are solely responsible for using the balance in your account to access the Services and interact with the AI clones. The balance in your account can only be used for transactions within the Platform.
2.3. One-time payments
Channel AI offers one-time payments to add balance to your account. Once the balance is added, you can use it to access the AI clones and interact with them without any time limit.
2.4. No refunds
All payments made to add balance to your account are non-refundable. By using the Services and adding the balance, you agree that no refunds will be provided for any reason, including partial usage or non-usage of the balance.
2.5. Commissions
Users of the Channel AI app to create their AI clone bots, agree to the following commissions retained by the platform: Channel AI retains 45% of the payments generated from customer interactions with their AI clone bot. The creator of the bot keeps 55% of the payments generated from customer interactions with their AI clone bot. This fee structure is subject to change. In the event of a change in fee structure, an announcement will be made in advance, more than 7 days prior to the change occurring.
3. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and limits concerning the use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that Channel AI has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
4. ACCESS VIA TELEGRAM
Some of our Services, such as interacting with AI clones, can be accessed through the Telegram messaging platform, available on both desktop and mobile devices. To use our Services via Telegram, you will need to have a valid Telegram account.
Please note that when you access our Services through Telegram, your wireless service carrier's standard charges, data rates, and other fees may apply. Certain features and functionalities of our Services may depend on the device, carrier, or Telegram's platform restrictions. By using our Services through Telegram, you agree that we may communicate with you via the Telegram platform, and certain information about your usage of the Services may be transmitted to us to provide and improve the Services.
5. CONDITIONS OF USE
5.1. User conduct
You are solely responsible for all interactions and conversations that you engage in with the AI clones on our platform. The following are examples of the kind of content and/or use that is prohibited by Channel AI. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, suspending or terminating their access to the Services and reporting any violations to the appropriate authorities. You agree not to use the Services to:
Engage in any conversation that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to engage in under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other malicious content intended to harm our platform or other users; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities, and/or sales; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or objectionable; or (vii) in the sole judgment of Channel AI, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose Channel AI or its users to any harm or liability of any type;
Interfere with or disrupt the Services or servers or networks connected to the Services or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; or
Violate any applicable local, state, national, or international law or any regulations having the force of law;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Solicit personal information from anyone under the age of 18;
Use contact information obtained via the Services for any unsolicited communications or for any purpose not specifically authorized;
Promote or engage in any criminal activity or enterprise or provide instructional information about illegal activities; or
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
5.2. Special notice for international use; Export controls
Software (defined below) and data transmission associated with the Services are subject to any applicable export controls. Users are responsible for ensuring compliance with all local and international laws regarding the downloading, exporting, or re-exporting of any software or data from the Services. Downloading or using any software related to the Services is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including those concerning online conduct and acceptable content.
5.3. Non-commercial use
The Services are intended for your personal use only. Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes any portion of the Services, use of the Services, or access to the Services.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. Service content, software, and trademarks
You acknowledge and agree that the Services may contain content or features ("Service Content") protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Channel AI, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Service Content, in whole or in part. The exception is your own interactions that you may legally engage in with the AI clones within the Services. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Channel AI from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited.
The technology and software underlying the Services or distributed in connection with them are the property of Channel AI, our affiliates, and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Channel AI.
The Channel AI name and logos are trademarks and service marks of Channel AI (collectively the "Channel AI Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Channel AI. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Channel AI Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Channel AI Trademarks will insure to our exclusive benefit.
7. Third-party material
Under no circumstances will Channel AI be liable in any way for any content or materials of any third parties (including users), including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Channel AI does not pre-screen content but reserves the right (but not the obligation) in its sole discretion to refuse or remove any content available via the Services. Without limiting the foregoing, Channel AI and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Channel AI, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
7.1 User interactions and content
With respect to the content or other materials you upload or share through the Services or share with other users (collectively, “User Content”), you represent and warrant that you own all rights, titles, and interests in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services ("Submissions"), provided by you to Channel AI, are non-confidential, and Channel AI will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Channel AI may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Channel AI, our users, and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. Copyright complaints
Channel AI respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you should notify Channel AI of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Channel AI's Copyright Agent at admin@fanzetti.com (Subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Fanzetti, Inc.
3700 Clawson RD, Unit 403
Austin, TX 78704
United States of America
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
8.5. Counter-notice
If you believe that your User Content that was removed (or to which access was disabled) is not infringing or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the court located within the State of Texas and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Channel AI will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Channel AI has adopted a policy of terminating, in appropriate circumstances and at Channel AI's sole discretion, users who are deemed to be repeat infringers. Channel AI may also, at its sole discretion, limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
9. THIRD PARTY WEBSITES
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Channel AI has no control over such sites and resources and is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Channel AI will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Channel AI is not liable for any loss or claim that you may have against any such third party.
10. WARRANTY, INDEMNITY, AND LIABILITY
10.1. Indemnity and release
You agree to release, indemnify, and hold Channel AI and its affiliates and their officers, employees, directors, and agents (collectively, "Indemnities") harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnity from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Indemnity. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
10.2. Disclaimer of warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHANNEL AI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
CHANNEL AI MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
10.3. Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHANNEL AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CHANNEL AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL CHANNEL AI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CHANNEL AI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
11. DISPUTE RESOLUTION
11.1. Negotiation
Channel AI is always interested in resolving disputes amicably and efficiently. Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at [support email address]. If such efforts prove unsuccessful, either party may provide written notice of the dispute to the other party, including a brief description of the nature and basis of the dispute and the specific relief sought. Both parties shall engage in good faith negotiations to resolve the dispute within thirty (30) calendar days from the receipt of the notice.
11.2. Mediation
If the dispute cannot be resolved through negotiation within the specified time, the parties shall attempt to resolve it through mediation by a mutually agreed-upon mediator. If the parties cannot agree on a mediator, either party may request a mediator from a recognized Mediation Institute or other appropriate institution in the State of Texas. The mediation process shall be conducted in accordance with the State of Texas Mediation & Alternative Dispute Resolution (RULE §155.351). Both parties shall share the costs of mediation equally, unless agreed otherwise.
11.3. Legal action
If the dispute cannot be resolved through negotiation or mediation, either party may take appropriate legal action in accordance with Texas law. Any legal action arising out of or relating to these Terms of Service, the Services, or any aspects of the relationship or transactions between the parties shall be brought in the competent court of Texas. Both parties agree to submit to the jurisdiction of the State of Texas courts for the purpose of litigating all such disputes.
12. GENERAL CONDITIONS
12.1. Termination
You agree that Channel AI, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Channel AI believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. Channel AI may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Channel AI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Channel AI will not be liable to you or any third party for any termination of your access to the Service.
12.2. User disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Channel AI will have no liability or responsibility with respect thereto. Channel AI reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
12.3. Entire agreement
These Terms of Service constitute the entire agreement between you and Channel AI and govern your use of the Service, superseding any prior agreements between you and Channel AI concerning the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software.
12.4. Choice of law
These Terms of Service will be governed by the laws of the State of Texas, without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, you and Channel AI agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Texas. The failure of Channel AI to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. YOUR PRIVACY
At Channel AI, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Please contact us at support@fanzetti.com to report any violations of these Terms of Service or to ask us any questions regarding these Terms of Service or our Services.
Terms & Conditions
Channel AI: Terms & Conditions
Welcome to Channel AI!
We’re delighted to have you here. These Terms of Service (“Terms”) govern your use of Channel AI and the software, content, and services (collectively, “Services”) offered through our website and platform (collectively, the “Platform”).
Please read these terms carefully before you start using the Services.
The term “Channel AI,” “us” or “we” refers to Channel AI - a product of Fanzetti, Inc.
The term “device” refers to the device used to access the Services, including but not limited to computers, smartphones, and tablets.
The term “you” refers to the user of the Services.
When you sign up for any of the Services or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the services.
Our contact email address is admin@fanzetti.com. All correspondence to Channel AI, including any queries you may have regarding your use of the Services or these Terms, should be sent to this contact email address.
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND CHANNEL AI AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND CHANNEL AI WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. OUR SERVICES
Channel AI offers a platform that enables influencers to create AI clones of themselves, which their fans can interact with through a text and voice interface.
1.1. Entertainment disclaimer
Channel AI provides software and content designed to offer interactive and engaging experiences for fans through AI clones. However, our Services are not meant to provide professional advice, healthcare, or medical services. The AI clones created on our platform are solely for the purpose of entertainment and should not be considered as a substitute for professional advice or endorsements from the influencers themselves. While Channel AI takes measures to provide accurate information through their AI clones, there might be instances when the AI clones generate incorrect information. Using or relying on such information is solely at the user's risk.
1.2. Inappropriate or harmful content
Users are advised to exercise caution when engaging in conversations with the AI clones. While we implement constraints on the AI model to ensure that it does not generate content that may violate legal, ethical, or community standards, Channel AI is not responsible for any inappropriate, offensive, or harmful content generated by the AI clones.
1.3. Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Channel AI will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.2. PAYMENTS & BALANCES
2.1. Adding balance to your account
To access and use certain features of Channel AI's Services, you may be required to add balance to your account using Stripe's payment processing capabilities. By adding balance to your account, you agree that all payments are processed through Stripe and that the information you provide for the transactions is true, accurate, current, and complete.
2.2. Usage of balance
You are solely responsible for using the balance in your account to access the Services and interact with the AI clones. The balance in your account can only be used for transactions within the Platform.
2.3. One-time payments
Channel AI offers one-time payments to add balance to your account. Once the balance is added, you can use it to access the AI clones and interact with them without any time limit.
2.4. No refunds
All payments made to add balance to your account are non-refundable. By using the Services and adding the balance, you agree that no refunds will be provided for any reason, including partial usage or non-usage of the balance.
2.5. Commissions
Users of the Channel AI app to create their AI clone bots, agree to the following commissions retained by the platform: Channel AI retains 45% of the payments generated from customer interactions with their AI clone bot. The creator of the bot keeps 55% of the payments generated from customer interactions with their AI clone bot. This fee structure is subject to change. In the event of a change in fee structure, an announcement will be made in advance, more than 7 days prior to the change occurring.
3. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and limits concerning the use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that Channel AI has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
4. ACCESS VIA TELEGRAM
Some of our Services, such as interacting with AI clones, can be accessed through the Telegram messaging platform, available on both desktop and mobile devices. To use our Services via Telegram, you will need to have a valid Telegram account.
Please note that when you access our Services through Telegram, your wireless service carrier's standard charges, data rates, and other fees may apply. Certain features and functionalities of our Services may depend on the device, carrier, or Telegram's platform restrictions. By using our Services through Telegram, you agree that we may communicate with you via the Telegram platform, and certain information about your usage of the Services may be transmitted to us to provide and improve the Services.
5. CONDITIONS OF USE
5.1. User conduct
You are solely responsible for all interactions and conversations that you engage in with the AI clones on our platform. The following are examples of the kind of content and/or use that is prohibited by Channel AI. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, suspending or terminating their access to the Services and reporting any violations to the appropriate authorities. You agree not to use the Services to:
Engage in any conversation that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to engage in under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other malicious content intended to harm our platform or other users; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities, and/or sales; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or objectionable; or (vii) in the sole judgment of Channel AI, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose Channel AI or its users to any harm or liability of any type;
Interfere with or disrupt the Services or servers or networks connected to the Services or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; or
Violate any applicable local, state, national, or international law or any regulations having the force of law;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Solicit personal information from anyone under the age of 18;
Use contact information obtained via the Services for any unsolicited communications or for any purpose not specifically authorized;
Promote or engage in any criminal activity or enterprise or provide instructional information about illegal activities; or
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
5.2. Special notice for international use; Export controls
Software (defined below) and data transmission associated with the Services are subject to any applicable export controls. Users are responsible for ensuring compliance with all local and international laws regarding the downloading, exporting, or re-exporting of any software or data from the Services. Downloading or using any software related to the Services is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including those concerning online conduct and acceptable content.
5.3. Non-commercial use
The Services are intended for your personal use only. Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes any portion of the Services, use of the Services, or access to the Services.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. Service content, software, and trademarks
You acknowledge and agree that the Services may contain content or features ("Service Content") protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Channel AI, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Service Content, in whole or in part. The exception is your own interactions that you may legally engage in with the AI clones within the Services. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Channel AI from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited.
The technology and software underlying the Services or distributed in connection with them are the property of Channel AI, our affiliates, and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Channel AI.
The Channel AI name and logos are trademarks and service marks of Channel AI (collectively the "Channel AI Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Channel AI. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Channel AI Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Channel AI Trademarks will insure to our exclusive benefit.
7. Third-party material
Under no circumstances will Channel AI be liable in any way for any content or materials of any third parties (including users), including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Channel AI does not pre-screen content but reserves the right (but not the obligation) in its sole discretion to refuse or remove any content available via the Services. Without limiting the foregoing, Channel AI and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Channel AI, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
7.1 User interactions and content
With respect to the content or other materials you upload or share through the Services or share with other users (collectively, “User Content”), you represent and warrant that you own all rights, titles, and interests in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services ("Submissions"), provided by you to Channel AI, are non-confidential, and Channel AI will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Channel AI may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Channel AI, our users, and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. Copyright complaints
Channel AI respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you should notify Channel AI of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Channel AI's Copyright Agent at admin@fanzetti.com (Subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Fanzetti, Inc.
3700 Clawson RD, Unit 403
Austin, TX 78704
United States of America
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
8.5. Counter-notice
If you believe that your User Content that was removed (or to which access was disabled) is not infringing or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the court located within the State of Texas and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Channel AI will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Channel AI has adopted a policy of terminating, in appropriate circumstances and at Channel AI's sole discretion, users who are deemed to be repeat infringers. Channel AI may also, at its sole discretion, limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
9. THIRD PARTY WEBSITES
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Channel AI has no control over such sites and resources and is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Channel AI will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Channel AI is not liable for any loss or claim that you may have against any such third party.
10. WARRANTY, INDEMNITY, AND LIABILITY
10.1. Indemnity and release
You agree to release, indemnify, and hold Channel AI and its affiliates and their officers, employees, directors, and agents (collectively, "Indemnities") harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnity from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Indemnity. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
10.2. Disclaimer of warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHANNEL AI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
CHANNEL AI MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
10.3. Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHANNEL AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CHANNEL AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL CHANNEL AI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CHANNEL AI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
11. DISPUTE RESOLUTION
11.1. Negotiation
Channel AI is always interested in resolving disputes amicably and efficiently. Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at [support email address]. If such efforts prove unsuccessful, either party may provide written notice of the dispute to the other party, including a brief description of the nature and basis of the dispute and the specific relief sought. Both parties shall engage in good faith negotiations to resolve the dispute within thirty (30) calendar days from the receipt of the notice.
11.2. Mediation
If the dispute cannot be resolved through negotiation within the specified time, the parties shall attempt to resolve it through mediation by a mutually agreed-upon mediator. If the parties cannot agree on a mediator, either party may request a mediator from a recognized Mediation Institute or other appropriate institution in the State of Texas. The mediation process shall be conducted in accordance with the State of Texas Mediation & Alternative Dispute Resolution (RULE §155.351). Both parties shall share the costs of mediation equally, unless agreed otherwise.
11.3. Legal action
If the dispute cannot be resolved through negotiation or mediation, either party may take appropriate legal action in accordance with Texas law. Any legal action arising out of or relating to these Terms of Service, the Services, or any aspects of the relationship or transactions between the parties shall be brought in the competent court of Texas. Both parties agree to submit to the jurisdiction of the State of Texas courts for the purpose of litigating all such disputes.
12. GENERAL CONDITIONS
12.1. Termination
You agree that Channel AI, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Channel AI believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. Channel AI may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Channel AI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Channel AI will not be liable to you or any third party for any termination of your access to the Service.
12.2. User disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Channel AI will have no liability or responsibility with respect thereto. Channel AI reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
12.3. Entire agreement
These Terms of Service constitute the entire agreement between you and Channel AI and govern your use of the Service, superseding any prior agreements between you and Channel AI concerning the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software.
12.4. Choice of law
These Terms of Service will be governed by the laws of the State of Texas, without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, you and Channel AI agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Texas. The failure of Channel AI to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. YOUR PRIVACY
At Channel AI, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Please contact us at support@fanzetti.com to report any violations of these Terms of Service or to ask us any questions regarding these Terms of Service or our Services.
Channel AI
Channel AI
Channel AI