Disclaimer


PLEASE READ CAREFULLY BEFORE USING THIS APP.


Your use of Fanzetti ("Service") is governed by this disclaimer. By using this Service, you agree to the terms and conditions outlined herein. If you do not agree with these terms, please refrain from using this Service.


This Service uses Artificial Intelligence ("AI") technology to generate images of individuals based on the photos they upload. It is important to note that the AI utilized in this Service is in the early stages of its development and, as such, the images generated by the Service may not be perfect or accurate representations of the uploaded photos.


The technology applied by the Service, while sophisticated, is not flawless. It may sometimes generate images with inconsistencies, distortions, or deformities, which are unintended outcomes of the underlying algorithms and processes used to generate the images. It is necessary to understand that the Service does not guarantee the exact likeness or absolute precision of the generated images in comparison to the original photos uploaded.


We emphasize that the results produced by this Service should not be used for any crucial or significant purposes where accuracy or perfection is required. The use of this Service is intended for amusement or non-critical applications only. We shall not be held liable for any consequences, damages, or misunderstandings that arise from the use of the generated images or any deformities or inaccuracies therein.


Your use of this Service indicates your understanding of these terms and your acceptance of the possibility that the Service may produce imperfect or distorted images. We appreciate your patience and understanding as we continue to develop and improve this Service.


Thank you for using our Service. Your support aids us in improving and evolving this technology.




Terms & Conditions


Fanzetti operated by Fanzetti Inc. Fanzetti Inc. offers Fanzetti and related services to you, a user, under the condition that you accept all of our set terms, including these Terms of Service and all related policies.




Thank you for using Fanzetti's image generation services (the "Services"). These Terms of Service (the "Agreement") spell out what rights you have with respect to the Service generated images, and other assets, which you generate (the "Assets"), your use of the Services, and other important topics like arbitration. Please read it carefully. We have a privacy policy which outlines how we handle your data . This Agreement is entered into by Fanzetti Inc. and the entity or person agreeing to these terms ("Customer") and govern Customer's access to and use of the Services.


This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If you do not agree to the Agreement, please stop using the Services.


Other documents referenced here may also bind Customer's use of this Services, including the Community Guidelines included below.



1. Service Availability and Quality


We are constantly evolving the Services to make them better for you. The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services' quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to you or your downstream customers for any harm caused by your dependency on the Service.


Both the Services and the Assets are provided to Customer 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 Assets and assume any risks associated with use of the Services.


Fanzetti reserves the right to suspend or ban your access to the Services at any time, and for any reason. You may not use the Services for competitive research. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. Only one user may use the Services per registered account. Each user of the Services may only have one account. We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.


2. Age Requirements


By accessing the Services, you confirm that you're at least 13 years old and meet the minimum age of digital consent in your country. If you are old enough to access the Services in your country, but not old enough to have authority to consent to our terms, your parent or guardian must agree to our terms on your behalf. Please ask your parent or guardian to read these terms with you. If you're a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you and you're responsible for your teenager's activity on the Services. Fanzetti tries to make its Services PG-13 and family friendly, but the Assets are generated by an artificial intelligence system based on user queries. This is new technology and it does not always work as expected. No guarantees are made as to the suitability of the Assets for the Customer.


3. Your Information


By using the Services, you may provide Fanzetti with personal information like your email address, user name, billing information, image outputs, and sample images that you upload to the Service. Our policy outlining what we do with your personal information, and the rights you have with respect to your personal information, can be found . Both parties agree to comply with all applicable data protection laws. To the extent the parties need to enter into additional terms regarding data privacy or data transfers the parties will work together in good faith to enter into such terms.


4. Copyright and Trademark


To the extent allowed by law and as between you and Fanzetti, you own your Uploads, and you agree that Fanzetti owns all Generations, and you hereby make any necessary assignments for this. Fanzetti grants you the exclusive rights to reproduce and display such Generations and will not resell Generations that you have created, use Generations in any way, or assert any copyright in such Generations against you or your end users, all provided that you comply with these terms and our Content Policy. If you violate our terms or Content Policy, you will lose rights to use Generations, but we will provide you written notice and a reasonable opportunity to fix your violation, unless it was clearly illegal or abusive. You understand and acknowledge that similar or identical Generations may be created by other people using Fanzetti's services, and your rights are only to the specific Generation that you have created.


5. DMCA and Takedowns Policy


Fanzetti uses an artificial intelligence system trained on public datasets to produce its Assets. Such Assets may be unintentionally similar to copyright protected material or trademarks you hold. We respect rights holders internationally. If you believe your copyright or trademark is being infringed by the Service, please write to takedown@Fanzetti.com and we will process your request.



6. Dispute Resolution and Governing Law


  1. 1. ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) ("Dispute") WILL BE GOVERNED BY THE LAWS OF COUNTRY OF THE UNITED STATES.


  2. 2. The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association (ADR) in accordance with the Association's Rules governing commercial arbitration disputes in force as of the date of this Agreement ("Rules").


  3. 3. Prior to the initiation of arbitration, the complaining party shall give notice of the alleged claim and each party shall engage in a good faith effort toward resolution. If the dispute cannot be resolved through good faith negotiations, Respondent and Claimant shall submit the dispute to binding arbitration by an arbitrator appointed by the American Arbitration Association and the dispute will be arbitrated (not mediated) by that individual under the Association's Rules governing commercial arbitration disputes.


  4. 4. The parties will mutually select one arbitrator.


  5. 5. Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.


  6. 6. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.


  7. 7. Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision regarding the Dispute.



7. Ownership


  1. 1. Customer Ownership: By using our services, you retain full ownership of all photos and data that you upload, store, or transmit through our platform. We do not claim any rights or ownership over your photos or data.


  2. 2. Non-Usage Without Explicit Consent: We are committed to respecting your privacy and ensuring the security of your photos and data. We will not use, sell, rent, or otherwise exploit your photos or data without obtaining your explicit consent.


  3. 3. Consent for Specific Purposes: In certain situations, we may request your explicit consent to use your photos or data for specific purposes that are outlined in separate agreements, features, or functionalities within our services. Such consent will be obtained separately, and we will only use your photos or data in accordance with the terms of the specific consent provided.


  4. 4. Limited Data Processing: We may process your photos and data for the sole purpose of providing our services to you, including but not limited to storage, retrieval, backup, and data analysis, in accordance with applicable privacy laws and regulations.


  5. 5. Data Security Measures: We employ reasonable security measures to protect your photos and data from unauthorized access, disclosure, alteration, or destruction. However, please be aware that no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.


  6. 6. Third-Party Access: We will not provide access to your photos or data to any third parties, except as required by law, to comply with legal obligations, enforce our rights, prevent fraud, or protect the rights, property, or safety of our users.


  7. 7. Data Deletion: Any data will automatically be deleted 30 days after usage. Upon your request or termination of your account, we will delete your photos and data from our active databases, subject to any legal obligations or technical limitations that may prevent us from doing so. Please note that residual copies of your photos or data may remain in our backup systems for a limited period of time.



8. Payment and Billing


We may invoice you for your use of the Services through a third party payment service provider. The third party service provider's terms of service shall govern and supersede this Agreement in case of conflict. You are free to cancel your plan at any time. We also reserve the right to terminate your access to the Service for any reason, including for violation of the Community Guidelines or other inappropriate use of the Service. Upon cancellation or termination, any outstanding usage fees will be charged immediately. In the case of a subscription service agreement, you will not be refunded for the current pay period, but you will stop being charged after the current pay period has ended. Refunds requested within 14 days of purchase are eligible for a full refund if product has not been used and no AI has been trained.


9. Community Guidelines


  1. 1. Sharing others' creations. Do not publicly repost the creations of others without their permission.


  2. 2. Be careful about sharing. It's OK to share your creations outside of the Fanzetti community but please consider how others might view your content.


  3. 3. Any violations of these rules may lead to bans from our services.


  4. 4. Generate images of yourself, using input images that contain only representations of yourself (the Customer). Generating images of other people is against Fanzetti's Terms & Conditions as outlined in this document.



10. Limitation of Liability and Indemnity


We provide the service as is, and we make no promises or guarantees about it. You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however they arise. You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved. If you knowingly infringe someone else's intellectual property, and costs are incurred by Fanzetti, Fanzetti will take legal action to collect damages from you - including court and attorney fees involved during the action.


11. Miscellaneous


  1. 1. Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.


  2. 2. No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.


  3. 3. Severability. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.


  4. 4. No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.


  5. 5. Survival. The sections and obligations in this Agreement that a reasonable person would expect to survive this agreement, will.




Terms and Conditions - Affiliate Program


Agreement


By signing up to be an Affiliate in our Affiliate Program, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).


Affiliate Obligations


  1. 2.1. To begin the enrollment process, you will complete and submit the online application. We may reject your application at our sole discretion.

  2. 2.2. As an Affiliate, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of any unpaid commissions.

Commissions


  1. 3.1. Affiliates will receive a 20% commission (the “Commission”) on the net sales of new customers referred to our app, excluding tax, shipping, and returns, for the first six months of their engagement with the app.

  2. 3.2. The Commission is paid only for transactions that actually occur between the app and a customer.
  3. 3.3. The Commission will be paid to Affiliates on a monthly basis, with a lag of 30 days to allow for any customer returns or cancellations. The method of payment will be chosen at the time of Affiliate signup.

Term and Termination


  1. 4.1. The term of this Agreement will begin upon your acceptance in the Program and will end when terminated by either party.

  2. 4.2. Either you or we may terminate this Agreement at any time, with or without cause.

Liability


  1. 5.1. We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages.

Miscellaneous


  1. 6.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us.

By signing up to our Affiliate Program, you affirm that you have read this agreement and accept all its terms and conditions.