AGREEMENT TO OUR TERMS OF SERVICE
We operate the website JoinFans.co (the “Site“, “JoinFans“) as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“, “we”, “us”, “our”, “ours”).
JoinFans provides an automated chatting service, which includes pictures. These messages and pictures are or have been generated by an artificial intelligence, different whether it’s the image AI or the text AI (referred to jointly as “the AI“). The messages generated by the AI must not be understood as professional advice, inclusive of, but not limited to the fields of finance, law and medicine including mental health. You should always seek professional advice when appropriate. And, in spite of our best care, it is possible the AI displays harmful messages. We decline responsibility if you were to harm yourself or others following any form of information received by the AI.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“) and the Site, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these legal terms, then you are expressly prohibited from using the services and you must discontinue immediately.
Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms. In this case, we will modify the “Last updated” date of these Legal Terms accordingly. You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
You must be at least 18 to use the Services. If you are a minor in your jurisdiction, most often under 18 years old, you are not allowed to use our services.
You hereby waive any defence you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto.
The services are hosted in Ireland by Amazon Web Services.
TABLE OF CONTENTS
1. AVAILABILITY OF OUR SERVICES BY COUNTRY
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, “the Content” or “our Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). In particular, we are the licensee of an image generation model. This model is provided to Us under the Creative ML Open Rail-M licence which is available in the Annex.
Our Content is protected by trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
2.2 Your Rights and Duties Regarding the Site
Subject to your compliance with these Legal Terms,, we grant you a non-exclusive, non-transferable, revocable license to:
Except to briefly showcase the content of our Services as per applicable under “fair use” laws, no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Content other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@joinfans.co. If we grant you the permission to post, reproduce, or publicly display any part of our Content, you must identify us as the owners or licensors of the Content and ensure that any copyright or proprietary notice is visible.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and, in this case, we may terminate your right to use our Services immediately and without prior notice.
We reserve all rights not expressly granted to you.
3. SUBMISSIONS AND PRIVATE MESSAGES
3.1 Submissions
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
3.2 Private Messages
The Services may invite you to chat with an artificial intelligence. You agree that all information you submit through text messages, photos, videos or voice messages (“Private Messages”) is accessible to us. Except if required otherwise by applicable laws, we will never disclose the content of your private messages to third parties and we will use it for the sole purpose of enhancing our Services.
3.3 Rules undifferentiated among Submissions and Private Messages
You are solely responsible for what you post or upload. By sending Submissions or Private Messages, you confirm that you have read and agree with our Terms of Service, and will engage neither in any activity that we state as prohibited nor in any unlawful activity as applicable per your local laws. You expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
On account of your Submissions or Private Messages we may, as per applicable laws, report you to the authorities.
4. USE OF OUR SERVICES
4.1 General Guidelines
By using the Services, you assure us that:
As a user of the Services, you agree not to:
On top on these, the restrictions mentioned in Attachment A within the Appendix are also fully applicable when using our Services.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us, in particular but not only affiliation.
4.2. Indemnification
You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of a breach of these Legal Terms, including, but not limited to, your Submissions or Private Messages, any breach of your representations, your violation of the rights of a third party, including but not limited to intellectual property rights any harmful act toward any other user of the Services with whom you connected via the Services.
We reserve the right to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
4.3 Conditions of Termination
These Legal Terms shall remain in full force and effect while you use the Services. In case of any activity we believe is unlawful, as determined by our sole discretion, or in case of breach of these legal terms, we reserve the right to terminate your account immediately, without prior notice, and without providing you with a reason. We may also block IP addresses in case of attacks to our servers, as determined by our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
4.4 Prohibited Activities
You agree not to send Submissions or Private Messages connected, in any way whatsoever, to:
The restrictions laid out in Attachment A (within the Annex) also apply.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination, or suspension of your rights to use the Services.
5. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
6. PURCHASES AND PAYMENTS
We accept Visa, Mastercard, American Express and Discover.
We may change prices at any time. All payments shall be in US dollars. If we are legally required to apply sales tax to your order, sales tax will be added to the price of purchases.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. You also agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. All your orders are subject to recurring charges: you consent to us charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.
7. REFUND AND CANCELLATION
In this section, we define “using very little” as having received 10 or less messages and 3 or less images from the AI. If you have received strictly more than 10 messages or strictly more than 3 images from the AI (or both), we will not consider that you have used very little our Services.
Purchases are refundable only insofar as you have very little used our services and it has been less than 14 days that you purchased our services . You can cancel your subscription at any time by logging into your account. If we are experiencing a technical issue and you cannot cancel your subscription by logging into your account, you may send an email to contact@joinfans.co and we will cancel your subscription.
All cancellations take effect at the end of the current paid term, which means you will have access to our Services up to the end of the period you had paid for.
8. SERVICES MANAGEMENT
We cannot guarantee the Services will be always available, though we strive to do so. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
We reserve the right, but not the obligation, to:
9. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
10. LIMITATIONS OF LIABILITY
The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, We make no warranties or representations about the accuracy or completeness of the services content or the content of any websites linked to the services and we will assume no liability or responsibility for any:
As we cannot guarantee that no advertisement for a third-party product or service will be visible on our Site, we do not assume responsibility for any product or service advertised through our Site.
In no event will we be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.
Our liability to you for any cause whatsoever and regardless of the form of the action will be limited to the greater of:
Any resemblance with a real person or brand would be coincidental.
11. GOVERNING LAW
These Legal Terms are governed by the laws of France, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded.
12. DISPUTE RESOLUTION
12.1 Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating judicial proceedings. Such informal negotiations commence upon written notice from one Party to the other Party.
12.2 Binding Court Proceeding
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by a court in France. If legally possible, the seat of the judicial shall be Paris, France. If not, the seat shall be Toulouse, France. If neither the courts of Paris and Toulouse can, for whatever reason, proceed the case, the Dispute shall be settled by whichever competent court in France. The language of the proceedings shall be French and applicable rules of substantive law shall be the law of France.
12.3 Restrictions
The Parties agree that any court proceeding shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:
13. PRIVACY POLICY
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
We care about data privacy and security. See our Privacy Policy for detailed information about how we handle your personal data.
14. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us through either of the following means (we prefer email):
JoinFans, 71 ter chemin des carmes 31400 Toulouse, FRANCE
We thank Lyolya and Good Ware for their icons found on Flaticon.
These Terms of Service are inspired from a template generated by Termly‘s Terms and Conditions Generator We significantly modified this customized template.
ANNEX – Creative ML Open RAIL-M Licence
Copyright (c) 2022 Robin Rombach and Patrick Esser and contributors
CreativeML Open RAIL-M
dated August 22, 2022
Section I: PREAMBLE
Multimodal generative models are being widely adopted and used, and have the potential to transform the way artists, among other individuals, conceive and benefit from AI or ML technologies as a tool for content creation.
Notwithstanding the current and potential benefits that these artifacts can bring to society at large, there are also concerns about potential misuses of them, either due to their technical limitations or ethical considerations.
In short, this license strives for both the open and responsible downstream use of the accompanying model. When it comes to the open character, we took inspiration from open source permissive licenses regarding the grant of IP rights. Referring to the downstream responsible use, we added use-based restrictions not permitting the use of the Model in very specific scenarios, in order for the licensor to be able to enforce the license in case potential misuses of the Model may occur. At the same time, we strive to promote open and responsible research on generative models for art and content generation.
Even though downstream derivative versions of the model could be released under different licensing terms, the latter will always have to include – at minimum – the same use-based restrictions as the ones in the original license (this license). We believe in the intersection between open and responsible AI development; thus, this License aims to strike a balance between both in order to enable responsible open-science in the field of AI.
This License governs the use of the model (and its derivatives) and is informed by the model card associated with the model.
NOW THEREFORE, You and Licensor agree as follows:
1. Definitions
– “License” means the terms and conditions for use, reproduction, and Distribution as defined in this document.
– “Data” means a collection of information and/or content extracted from the dataset used with the Model, including to train, pretrain, or otherwise evaluate the Model. The Data is not licensed under this License.
– “Output” means the results of operating a Model as embodied in informational content resulting therefrom.
– “Model” means any accompanying machine-learning based assemblies (including checkpoints), consisting of learnt weights, parameters (including optimizer states), corresponding to the model architecture as embodied in the Complementary Material, that have been trained or tuned, in whole or in part on the Data, using the Complementary Material.
– “Derivatives of the Model” means all modifications to the Model, works based on the Model, or any other model which is created or initialized by transfer of patterns of the weights, parameters, activations or output of the Model, to the other model, in order to cause the other model to perform similarly to the Model, including – but not limited to – distillation methods entailing the use of intermediate data representations or methods based on the generation of synthetic data by the Model for training the other model.
– “Complementary Material” means the accompanying source code and scripts used to define, run, load, benchmark or evaluate the Model, and used to prepare data for training or evaluation, if any. This includes any accompanying documentation, tutorials, examples, etc, if any.
– “Distribution” means any transmission, reproduction, publication or other sharing of the Model or Derivatives of the Model to a third party, including providing the Model as a hosted service made available by electronic or other remote means – e.g. API-based or web access.- “Licensor” means the copyright owner or entity authorized by the copyright owner that is granting the License, including the persons or entities that may have rights in the Model and/or distributing the Model.
– “You” (or “Your”) means an individual or Legal Entity exercising permissions granted by this License and/or making use of the Model for whichever purpose and in any field of use, including usage of the Model in an end-use application – e.g. chatbot, translator, image generator.
– “Third Parties” means individuals or legal entities that are not under common control with Licensor or You.
– “Contribution” means any work of authorship, including the original version of the Model and any modifications or additions to that Model or Derivatives of the Model thereof, that is intentionally submitted to Licensor for inclusion in the Model by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Model, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”- “Contributor” means Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Model.
Section II: INTELLECTUAL PROPERTY RIGHTS
Both copyright and patent grants apply to the Model, Derivatives of the Model and Complementary Material. The Model and Derivatives of the Model are subject to additional terms as described in Section III.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare, publicly display, publicly perform, sublicense, and distribute the Complementary Material, the Model, and Derivatives of the Model.
3. Grant of Patent License. Subject to the terms and conditions of this License and where and as applicable, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this paragraph) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Model and the Complementary Material, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Model to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Model and/or Complementary Material or a Contribution incorporated within the Model and/or Complementary Material constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for the Model and/or Work shall terminate as of the date such litigation is asserted or filed.
Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION
4. Distribution and Redistribution.
You may host for Third Party remote access purposes (e.g. software-as-a-service), reproduce and distribute copies of the Model or Derivatives of the Model thereof in any medium, with or without modifications, provided that You meet the following conditions:
– Use-based restrictions as referenced in paragraph 5 MUST be included as an enforceable provision by You in any type of legal agreement (e.g. a license) governing the use and/or distribution of the Model or Derivatives of the Model, and You shall give notice to subsequent users
– You Dis tribute to, that the Model or Derivatives of the Model are subject to paragraph 5. This provision does not apply to the use of Complementary Material.You must give any Third Party recipients of the Model or Derivatives of the Model a copy of this License;You must cause any modified files to carry prominent notices stating that You changed the files
– You must retain all copyright, patent, trademark, and attribution notices excluding those notices that do not pertain to any part of the Model, Derivatives of the Model.
– You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions – respecting paragraph 4.a. – for use, reproduction, or Distribution of Your modifications, or for any such Derivatives of the Model as a whole, provided Your use, reproduction, and Distribution of the Model otherwise complies with the conditions stated in this License.
5. Use-based restrictions. The restrictions set forth in Attachment A are considered Use-based restrictions. Therefore You cannot use the Model and the Derivatives of the Model for the specified restricted uses. You may use the Model subject to this License, including only for lawful purposes and in accordance with the License. Use may include creating any content with, finetuning, updating, running, training, evaluating and/or reparametrizing the Model. You shall require all of Your users who use the Model or a Derivative of the Model to comply with the terms of this paragraph (paragraph 5).
6. The Output You Generate. Except as set forth herein, Licensor claims no rights in the Output You generate using the Model. You are accountable for the Output you generate and its subsequent uses. No use of the output can contravene any provision as stated in the License.
Section IV: OTHER PROVISIONS
7. Updates and Runtime Restrictions. To the maximum extent permitted by law, Licensor reserves the right to restrict (remotely or otherwise) usage of the Model in violation of this License, update the Model through electronic means, or modify the Output of the Model based on updates. You shall undertake reasonable efforts to use the latest version of the Model.
8. Trademarks and related. Nothing in this License permits You to make use of Licensors’ trademarks, trade names, logos or to otherwise suggest endorsement or misrepresent the relationship between the parties; and any rights not expressly granted herein are reserved by the Licensors.
9. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Model and the Complementary Material (and each Contributor provides its Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Model, Derivatives of the Model, and the Complementary Material and assume any risks associated with Your exercise of permissions under this License.
10. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Model and the Complementary Material (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
11. Accepting Warranty or Additional Liability. While redistributing the Model, Derivatives of the Model and the Complementary Material thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
12. If any provision of this License is held to be invalid, illegal or unenforceable, the remaining provisions shall be unaffected thereby and remain valid as if such provision had not been set forth herein.
END OF TERMS AND CONDITIONS
Attachment A Use Restrictions
You agree not to use the Model or Derivatives of the Model:
– In any way that violates any applicable national, federal, state, local or international law or regulation
– or the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
– To generate or disseminate verifiably false information and/or content with the purpose of harming others;
– To generate or disseminate personal identifiable information that can be used to harm an individual;
– To defame, disparage or otherwise harass others;
– For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation
– For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics
– To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm
– For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories
– To provide medical advice and medical results interpretation
– To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
