Terms of Service

Terms of Service are an agreement formed between you and CharClub AI. They cover the website available at CharClub AI (the “Website”), and the CharClub AI mobile application (the “App”). In these Terms we’ll sometimes refer to “CharClub AI,”, “we,” or “us.” We’ll refer to our Website and App, together with any content, tools, features and functionality offered on or through them, as the “Services.”
These Terms govern your access to and use of the Services. Please read them carefully, as they include important information about your legal rights. By accessing or using the Services, you’re agreeing to these Terms. If you don’t understand or agree to these Terms, please don’t use the Services.
In these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. By agreeing to these Terms, you agree to resolve all disputes with us through binding individual arbitration. That means you also waive any right to have those disputes decided by a judge or jury, and you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt out of arbitration as explained below.

1. Use of the Services

Your Registration Obligations. When you register to use the Services, you agree to provide accurate and complete information about yourself. If you are under 13 years old OR if you are an EU citizen or resident under 16 years old, do not sign up for the Services – you are not authorized to use them.
Member Account, Password and Security. You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your password or account. You agree to immediately notify CharClub AI of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session when accessing the Services. CharClub AI will not be liable for any loss or damage arising from your failure to comply with this paragraph.
General Practices Regarding Use and Storage. You acknowledge that CharClub AI may establish general practices and limits concerning use of the Services. These may include, 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 CharClub AI’s servers on your behalf. You agree that CharClub AI has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Services. You acknowledge that CharClub AI reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that CharClub AI reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Email Notifications. You consent to receive notifications from us electronically to the e-mail address you provide to us. These notifications may be about your account, changes to our service, or other updates or marketing relating to our platform.

2. Conditions Of Use

You are solely responsible for all Content you submit to the Services. (When we say “Content you submit” and similar terms, we mean anything you seek to post, transmit, or share, including but not limited to text, images, sounds, video, graphics, information, or other data.) Your use of the Services may be subject to license and use restrictions set forth in the CreativeML Open RAIL-M License. You agree not to submit any Content that:
(i) infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have a right to submit;
(iii) contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) poses a privacy or security risk to any person;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
(vi) is threatening, abusive, harassing, tortious, bullying, or excessively violent;
(vii) is defamatory, libelous, or verifiably false with the purpose of harming others;
(viii) constitutes hate speech that demeans or promotes discrimination or violence on the basis of race, ethnicity, gender, religion, age, or other social, physical or mental characteristics;
(ix) is obscene or pornographic;
(x) constitutes sexual harassment;
(xi) constitutes sexual exploitation or abuse of a minor, including sharing child sexual exploitation or abuse imagery or content, grooming, or sexual extortion;
(xii) glorifies self-harm, including self-injury, suicide, or eating disorders;
(xiii) promotes terrorism or violent extremism;
(xiv) furthers or promotes criminal activity;
(xv) seeks to buy or sell illegal drugs;
(xvi) facilitates fully automated decision making that adversely impacts a person’s legal rights or creates a binding, enforceable obligation;
(xvii) seeks to provide medical, legal, financial or tax advice;
(xviii) interferes with or disrupts the Services or servers or networks connected to the Services,
(xix) interferes with or appropriates any person’s right of publicity by using their name, likeness or persona (a) without permission and (b) outside a permissible context such as non-commercial parody or public commentary; or
(xx) in the sole judgment of CharClub AI, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or which may expose CharClub AI or its users to any harm or liability.
You likewise agree not to do any of the following in connection with your use of the Services:
(i) disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(ii) violate any applicable law or regulation;
(iii) impersonate any person or entity, or misrepresent your affiliation with a person or entity;
(iv) solicit personal information from anyone under the age of 18;
(v) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(vi) obtain or attempt to obtain any information through any means not intentionally made available or provided for through the Services;
(vii) lease, lend, sell or sublicense any part of the Services;
(viii) try to evade any technological measure designed to protect the Services or any technology associated with the Services; or
(ix) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, in whole or in part (unless a portion of code within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification).
To the extent CharClub AI chooses to support voice or audio features, you agree not to do any of the following in connection with your use of the Services:
(i) submit voice recordings of third parties (including but not limited to celebrities) without their consent;
(ii) use any CharClub AI voice feature to engage in “deep fakes” or impersonation of any kind, including but not limited to those that create political misinformation, perpetrate frauds or scams, impugn the reputation of third parties, or otherwise amount to harmful conduct.
We reserve the right to investigate and take appropriate action against anyone who we conclude, in our sole discretion, has violated the provisions above. That action may include, without limitation, removing Content from the Services, suspending or terminating your account, and reporting you to law enforcement.

3. Third-Party Links & Ads; Other Users

The Services or third parties may provide links or other access to other sites and resources on the Internet or to third-party applications. CharClub AI has no control over such sites, resources or applications and CharClub AI is not responsible for and does not endorse them. You acknowledge and agree that CharClub AI will not be responsible or liable, directly or indirectly, for any damage or loss caused by reliance on any content, events, goods or services available on or through any such sites, resources or applications. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that CharClub AI is not liable for any loss or claim that you may have against any such third party.

4. Termination

You agree that CharClub AI, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if CharClub AI believes that you have violated or acted inconsistently with the letter or spirit of these Terms.
CharClub AI may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that CharClub AI may (but has no obligation to) 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 Services. Termination of your account or access to any component of the Services will not terminate CharClub AI’s rights to your Content. Further, you agree that CharClub AI will not be liable to you or any third party for any termination of your access to the Services.

5. Disclaimers

The site is provided on an “as-is” and “as available” basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

6. Contact Us

If you have any questions about our Services, or to report any violations of these Terms, please contact us at [email protected]