Bridging brands and celebrities with AI
Bridging brands and celebrities with AI
FameFlow Inc. operates a generative AI platform that enables clients to create image, video, and voice content for advertising and marketing purposes. The Service operates in two distinct modes: (i) Celebrity Mode, which permits the licensed use of real celebrity likenesses obtained from FameFlow's catalog of partnered talent; and (ii) Character Mode, which permits free-form generation and the creation, training, and use of user-owned synthetic personas known as Virtual Influencers ("VIs"), including optional voice cloning. This Terms of Service Agreement ("TOS") governs your access to and use of FameFlow's website (https://fameflow.ai), any associated mobile applications ("App"), and the range of services offered through them (collectively referred to as the "Service"). "FameFlow," "we," "us," and "our" refer to FameFlow Inc., while "you" refers to you as a user of the Service, whether as a client, talent, influencer, or general app user.
By accessing or using the Service in any manner, you agree to be bound by these TOS, which form a legally binding contract between you and FameFlow Inc. If you do not agree with any part of these terms, you are expressly prohibited from using the Service and must discontinue use immediately.
Effective Date: 19/11/2024
Last Updated: 27/05/2026
We may make changes to the Terms from time to time ranging from cleaning up typos to changes in policy. If we make any important changes, we will notify you. Any such changes will not apply to any dispute between you and FameFlow arising prior to the date on which we posted the revised Terms incorporating such changes, or when the Terms otherwise become effective. Please review the Terms regularly. If you do not agree to the amended Terms, you must stop using our Services and Software.
Archival: Previous versions of the TOS will be archived and available upon request. You may contact us at Info@fameflow.ai to obtain a historical version of the TOS.
FameFlow Inc. provides a generative AI platform for the creation of image, video, and voice content for advertising and marketing use. The Service is delivered through two operational modes, each with distinct rules, licensing models, and billing structures:
Celebrity Mode (refer to Likeness License): Enables the use of real celebrity likenesses sourced from FameFlow's catalog of partnered talent. Use of any celebrity likeness is governed by a separate Likeness License Agreement issued upon advertisement approval. Generation in Celebrity Mode is performed at no per-generation charge; the user is billed per impression when approved content is displayed as an advertisement under the applicable Likeness License Agreement.
Character Mode: Enables (a) free-form generative content production from text prompts and user-supplied reference material, and (b) the creation, training, and use of Virtual Influencers ("VIs") — user-owned synthetic personas trained on user-supplied photographs, with optional outfits and optional cloned voices. Character Mode generations are billed per generation against prepaid credits held in your FameFlow wallet.
Likeness Licensing and Approval (Celebrity Mode only): Users can request licenses to use celebrity likenesses in their advertisements. Every request must go through an approval process, resulting in a Likeness License Agreement that details the rights and limits of use.
Platform Use: Approved advertisements and other generated content can be deployed on designated platforms such as YouTube, Instagram, Facebook, TikTok, Snapchat, Hulu, and Netflix. Use of Celebrity Mode output on any platform is additionally subject to the specifics of the applicable Likeness License Agreement.
Prohibitions: Across both modes, the Service prohibits use in contexts or on platforms that promote adult content, violence, or any content deemed harmful to a celebrity's public image, to the rights of any depicted person, or to the integrity of the Service. Additional mode-specific prohibitions are set out in the sections "Virtual Influencers and Voice Cloning" and "User-Uploaded Reference Material — Representations and Warranties" below.
Geographical and Time Restrictions: Certain Likeness Licenses may be subject to regional and temporal limitations, which are clearly defined in each Likeness License Agreement.
Compliance: Users are expected to comply with all relevant laws and FameFlow's policies in the creation and deployment of all generated content, regardless of mode.
This TOS, in conjunction with the specific terms set out in the Likeness License Agreements (where applicable), governs the use of FameFlow's services. Users are advised to review their licensing agreements thoroughly to understand their rights and obligations.
This section governs the Character-Mode features of the Service and applies in addition to all other provisions of this TOS.
Virtual Influencers (VIs): A Virtual Influencer is a synthetic persona that you create, configure, and train within the Service using photographs, design references, and other inputs that you supply. VIs are owned at the organizational account level and may include optional "outfits" (named reference sets) and an optional cloned voice.
Ownership of VI assets: FameFlow owns and retains all rights to the underlying platform, software, model architectures, configuration metadata, and the curated base reference content compiled for any Virtual Influencer in the course of providing the Service. Where you create a cloned voice for a Virtual Influencer, the resulting voice clone is created, trained, and hosted by our third-party voice-cloning Sub-processor (currently ElevenLabs); FameFlow stores only the reference and configuration necessary to invoke that voice clone and does not retain a separate copy of the underlying voice model. You are granted a worldwide, non-exclusive, non-transferable, royalty-free license to use the configured VI within the Service and to use the content generated from it in accordance with this TOS, for as long as your account remains in good standing. We do not transfer ownership of the foregoing assets to you and you may not extract, export, redistribute, or attempt to reverse-engineer them.
Voice Cloning — Required Consent: If you create or upload a cloned voice (including via integrated third-party voice-cloning providers), you represent and warrant that:
You acknowledge that voice prints constitute biometric identifiers under applicable laws including, without limitation, the Illinois Biometric Information Privacy Act (BIPA), the Texas Capture or Use of Biometric Identifier Act, the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). You agree to maintain documentary evidence of all required consents for as long as the voice clone remains in your account plus three (3) years thereafter, and to produce such evidence to FameFlow on request. You will indemnify FameFlow against any claim arising from your failure to obtain or maintain such consent (see "Indemnification" below).
Prohibited Character-Mode Uses: In addition to the prohibitions elsewhere in this TOS, you may not use Character Mode (including VIs, voice cloning, and free-form generation) to:
Suspension or removal of VIs, voice clones, and Generated Output: Where FameFlow reasonably believes that a particular VI, voice clone, or item of Generated Output violates this section, the "Prohibited Uses" section, applicable law, or the rights of any third party, FameFlow will (i) for non-urgent matters, give the Client written notice describing the issue and a five (5) business-day cure period during which the Client may remediate the issue or, where permitted, export the affected content; and (ii) for urgent matters — namely content that is clearly illegal (including content depicting minors in any sexualized manner, content infringing right-of-publicity claims raised by a putative rights-holder, content under a valid legal takedown order, or content posing imminent risk of material harm to a third party or to FameFlow) — suspend or delete the affected item with immediate effect, with contemporaneous notice to the Client and reasons. For non-urgent suspensions, the Client may request, and FameFlow will use commercially reasonable efforts to provide, an export of the affected content before deletion.
The Service permits you to upload photographs, videos, audio, and other media ("Reference Material") to use as inputs to generation tasks, to train Virtual Influencers, to clone voices, or to store in your Asset Library. By uploading any Reference Material to the Service, you represent and warrant to FameFlow that, with respect to every depicted natural person, every identifiable voice, and every protected work contained in that material:
You further represent and warrant that you will not upload any Reference Material that (i) depicts a minor (a person under the age of 18) without the verifiable written consent of that minor's parent or legal guardian, and in no case for any sexualized, exploitative, or otherwise harmful purpose; (ii) has been obtained without authorization; or (iii) infringes any right of publicity, right to privacy, copyright, trademark, or moral right of any person.
You agree to maintain documentary evidence of all required consents and rights for as long as the corresponding Reference Material, VI, or voice clone remains in your account, plus three (3) years thereafter, and to produce such evidence to FameFlow upon reasonable request. Your breach of any representation or warranty in this section is a material breach of this TOS and triggers your indemnification obligation under the "Indemnification" section.
What Co-Pilot is: "Co-Pilot" is an automated, conversational assistant embedded in the Service. Co-Pilot is powered by one or more large language models supplied by third-party providers (currently Anthropic, PBC; see the "Sub-processors" section). Co-Pilot is provided as a productivity feature to help you draft prompts, navigate the Service, manage projects and assets, and submit generation tasks more efficiently.
Data routing: When you interact with Co-Pilot, the contents of your messages — including any text you type, any attached files or asset references, and contextual metadata about your current project — are transmitted to the relevant Model Provider for processing. By using Co-Pilot you consent to this transmission and to the processing described in the "Sub-processors" and "Use of Customer Data for AI Model Training" sections.
Authorization to act on your behalf: Co-Pilot can invoke functions ("tools") within the Service on your instruction — for example, submitting a generation task, creating or renaming a project, marking a task as a favourite, navigating between screens, or deleting items. You authorize FameFlow to treat any tool invocation that Co-Pilot performs in response to your message, or in response to your subsequent confirmation in the user interface, as an action taken by you. Destructive actions (such as deleting tasks, projects, assets, Virtual Influencers, or voice clones) are subject to in-product confirmation; you are responsible for reviewing what Co-Pilot proposes before you confirm.
No professional advice; no warranty as to accuracy: Co-Pilot's output is generated by statistical language models and may be incomplete, out-of-date, biased, or factually incorrect ("hallucinations"), including with respect to model capabilities, pricing, legal or regulatory rules, advertising-platform policies, technical recommendations, and the content of any document Co-Pilot summarizes. Co-Pilot's output is not legal, regulatory, financial, medical, marketing, or other professional advice, and must not be relied upon as such. You are solely responsible for verifying and validating Co-Pilot's output before acting on it, and for the consequences of any action you take or confirm in reliance on it. The "Disclaimer of Warranties" and "Limitation of Liability" sections apply in full to Co-Pilot output.
Saved Skills: Co-Pilot allows you to save reusable "Skills" (named playbooks, brand-voice rule-sets, mandatory hashtags, FTC disclosure blocks, and similar). Skills are scoped to your organizational account and shared among members of that account. You are responsible for the content of Skills you save and for ensuring they do not contain confidential third-party information that you are not authorized to upload.
Eligibility Criteria: To access and use the services provided by FameFlow Inc., you must:
Users must register for an account with FameFlow Inc. ("Account") to access certain features and services. During the registration process, you may be required to provide specific information, including but not limited to your name, email address, and a password.
You are responsible for maintaining the confidentiality of your account information and password. You are also responsible for all activities that occur under your account, whether or not you have authorized such activities.
FameFlow Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
You agree to notify FameFlow Inc. immediately of any unauthorized use of your account or password, or any other breach of security.
FameFlow Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Multi-Brand Representation: Users of FameFlow Inc. who act on behalf of other entities, are permitted to manage and represent multiple brands or clients under a single account. Users are responsible for ensuring they possess the legal authority or explicit consent to represent each entity added to their account.
Entity Addition Protocol: Users can add entities they are authorized to represent through a designated feature on the FameFlow platform. The process for adding entities requires adherence to verification procedures established by FameFlow Inc., including the provision of necessary authorization documents.
Restricted Account Sharing: The credentials for a user’s account, designed to represent multiple entities, must not be shared or transferred to unauthorized individuals. Account credentials are to be safeguarded to prevent unauthorized access.
Explicit Consent Required: Written consent must be secured from each entity or brand prior to its representation on the FameFlow platform. This consent should clearly authorize the user to manage licensing agreements, submit content, and perform transactions on behalf of the entity.
Identity Integrity: All users are prohibited from misrepresenting their identity or affiliations with any entity. Any attempt to impersonate another user, brand, or entity, or to submit misleading information about their relationships, may result in account restrictions or termination.
User Accountability: Users representing multiple entities are fully accountable for actions taken on the FameFlow platform under their account. This includes ensuring compliance with FameFlow’s Terms of Service, fulfilling financial commitments, and adhering to content submission standards.
By completing the account registration process and clicking the button to agree to these Terms of Service, you assert that you meet the eligibility criteria set forth above and agree to abide by all terms related to account registration and use.
Service Use: By accessing the FameFlow Inc. platform, you are granted a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms of Service. This license is granted solely for the purpose of enabling you to use the Service as provided by FameFlow Inc., in the manner permitted by these Terms.
Likeness License Grants (refer to Likeness License): Upon approval of advertisement materials featuring a celebrity's likeness, FameFlow Inc. will grant you a specific Likeness License Agreement. This agreement outlines the terms under which you may use the celebrity's likeness, including:
Approved Platforms: The specific platforms where the licensed advertisement can be displayed (e.g., YouTube, Instagram, Facebook, TikTok, Snapchat, Hulu, Netflix).
Usage Restrictions: Geographical and temporal limits, number of impressions, and other restrictions on how the likeness can be used.
Compliance Obligations: Requirements to ensure that the advertisement does not contain or associate with inappropriate, harmful, or objectionable content.
Users are responsible for ensuring that all content submitted for approval complies with FameFlow Inc.'s submission guidelines, as well as all applicable laws and regulations.
Users must adhere to the terms outlined in their specific Likeness License Agreements, including any restrictions on the use of the celebrity's likeness.
In the event of any modification to the originally approved advertisement, users are required to obtain re-approval from FameFlow Inc. before deploying the modified content.
FameFlow Inc. reserves the right to terminate or revoke any licenses granted under these Terms of Service, including specific Likeness License Agreements, if users violate any terms of the agreement, fail to comply with their obligations, or engage in unauthorized use of the Service or licensed content.
By utilizing the Service and obtaining Likeness License Agreements, you acknowledge and agree to these terms, affirming your commitment to responsible and lawful use of the platform and adherence to all licensing agreements facilitated by FameFlow Inc.
The service provided by FameFlow Inc. is designed for legitimate advertising purposes. To maintain the integrity of our platform and the safety of our users, the following uses of the Service are explicitly prohibited:
Illegal Activities: Engaging in any activity that is illegal under any applicable law, including, but not limited to, copyright infringement, defamation, and the violation of privacy rights.
Unauthorized Modifications: Modifying, changing, or altering approved advertisement content featuring a celebrity’s likeness without obtaining re-approval from FameFlow Inc.
Misrepresentation: Impersonating any person or entity, falsely claiming an affiliation with any person or entity, or misrepresenting the source, identity, or content of information transmitted via the Service.
Harmful Conduct: Posting or transmitting content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
Disruption of Service: Using the Service in a manner that could damage, disable, overburden, or impair any FameFlow server, or the network(s) connected to any FameFlow server, or interfere with any other party's use and enjoyment of the Service.
Unauthorized Access: Attempting to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to any FameFlow server, through hacking, password mining, or any other means.
Use of Bots and Automated Systems: Deploying bots, spiders, crawlers, scrapers, or other automated means to access or collect data from the Service without FameFlow Inc.'s express written consent.
Unsolicited Communication: Using the Service to send unsolicited communications, including spam or other forms of solicitation.
Advertising on Prohibited Platforms: Displaying advertisements on websites, platforms, or media channels that feature or promote adult content, illegal drugs, gambling, or any other content that is incompatible with the celebrity’s public image or could damage their reputation.
Malicious Software: Spreading viruses or any other technologies that may harm FameFlow Inc., the Service, or the users of the Service.
Violation of Likeness License: Using a celebrity’s likeness in a manner that violates the terms of the specific Likeness License Agreement granted.
Circumvention of Content Moderation: Attempting to bypass, disable, or defeat any automated or manual content-moderation system operated by FameFlow or any third-party Model Provider, including (without limitation) automated face-detection on B-roll inputs, prompt safety filters, watermarking systems, and rate or volume limits. Tasks that the Service automatically rejects under a content-moderation rule are refunded as described in the "Refunds Policy" section; repeated attempts to circumvent moderation may result in suspension or termination of your account.
Violations of these prohibited uses constitute a breach of these Terms of Service and may result in the immediate termination of your account and revocation of licenses granted, including any Likeness License Agreements. Additionally, violators may be subject to legal action and liable for damages caused by their misconduct.
FameFlow Inc. reserves the right, but is not obligated, to investigate and prosecute violations of any of the above prohibitions to the fullest extent of the law.
Ownership: All data, statistics, and performance metrics generated for or relating to your advertising campaigns conducted through the Service ("Campaign Performance Data") are owned by you, the Client. FameFlow holds Campaign Performance Data as the Client's confidential information and processes it solely as necessary to provide and operate the Service, to issue invoices and reports, and to compile aggregated, de-identified statistics that do not identify the Client, the campaign, or any specific celebrity.
Mutual confidentiality: Both parties will treat the other's Confidential Information (defined in the "Mutual Confidentiality" section below) with at least the standard of care set out there. Campaign Performance Data is the Client's Confidential Information; the design and operational details of the FameFlow platform, model selection logic, and pricing schedules are FameFlow's Confidential Information. Neither party may disclose the other's Confidential Information without the other's prior written consent, except as permitted under "Mutual Confidentiality".
Mutual non-disparagement (limited scope): Because Celebrity Mode campaigns involve real individuals whose reputations may be affected by public commentary on a specific campaign, the Client agrees not to publicly attribute the commercial outcome of a Celebrity Mode campaign (positive or negative) to the personal qualities, performance, or alleged fault of a specific named celebrity, and FameFlow agrees not to publicly attribute the commercial outcome of any Client campaign to the personal qualities, performance, or alleged fault of the Client. This restriction is narrow and is limited to public personal attribution; it does not restrict:
Accountability: FameFlow uses commercially reasonable efforts to make celebrity selection, generation models, and platform features suitable for the Client's stated campaign objectives, but does not guarantee any specific commercial outcome. Each party acknowledges that campaign performance depends on market conditions, audience reception, creative quality, and other variables outside either party's direct control.
Aggregate and Client-only results: The Client may freely share, publish, and discuss its own Campaign Performance Data in aggregate form, in anonymized form, or in a form that identifies only the Client, the campaign, and the platforms used, without obtaining FameFlow's prior approval. This includes internal reporting, board reporting, investor disclosures, public case studies, marketing collateral, and press releases.
Naming a specific celebrity: Where a Client wishes to publish material that names a specific celebrity in connection with the campaign's performance or that re-uses the celebrity's likeness outside the contexts already approved under the applicable Likeness License Agreement, the Client must first obtain FameFlow's written approval (which approval will not be unreasonably withheld). This requirement protects the celebrity's contractually-promised rights, not FameFlow's marketing interests.
Approval process: Requests under the preceding paragraph should be sent to info@fameflow.ai with a summary of the intended use. FameFlow will respond within ten (10) business days. Where FameFlow does not respond within that period, approval is deemed granted for the use described in the request.
Enforcement Actions: A material breach of this section by either party gives the non-breaching party the remedies set out in the "Termination" and "Limitation of Liability" sections, including suspension or termination of the affected Likeness License Agreement after notice and any applicable cure period.
Mutual indemnification: Each party will indemnify and hold harmless the other from third-party claims to the extent caused by that party's material breach of this section. This indemnification is subject to the limits set out in the "Limitation of Liability" section, except that liability arising from a party's breach of confidentiality is subject to the elevated cap described in that section.
Definition: "Confidential Information" means any non-public information disclosed by one party (the "Discloser") to the other (the "Recipient") that is identified as confidential at the time of disclosure or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of the Client includes, without limitation, Campaign Performance Data, the Client's prompts and scripts, Reference Material, business strategy, customer data, and pricing. Confidential Information of FameFlow includes, without limitation, platform architecture details, non-public model selection logic, sub-processor commercial terms, and the contents of any Data Processing Addendum executed between the parties.
Obligations: The Recipient will (i) use the Discloser's Confidential Information only as necessary to exercise its rights or perform its obligations under this TOS or under any written master agreement between the parties; (ii) protect the Discloser's Confidential Information with at least the degree of care it uses to protect its own confidential information of similar sensitivity, and in any event no less than a reasonable degree of care; and (iii) limit access to those of its employees, advisors, and contractors who have a need to know and who are bound by confidentiality obligations no less protective than those of this section.
Exclusions: Confidential Information does not include information that the Recipient can demonstrate (a) was lawfully in its possession without obligation of confidentiality before disclosure by the Discloser; (b) is or becomes publicly available through no fault of the Recipient; (c) was lawfully received from a third party free of confidentiality obligation; or (d) was independently developed by the Recipient without use of the Discloser's Confidential Information.
Permitted disclosures: The Recipient may disclose Confidential Information (i) to the extent required by law, regulation, court order, or stock-exchange rule, provided that the Recipient gives the Discloser prompt written notice (where lawful) and reasonable cooperation to seek a protective order; (ii) to regulators, supervisory authorities, auditors, advisors, and prospective acquirers under equivalent confidentiality obligations; and (iii) to defend or assert legal claims relating to this TOS.
Term: The obligations in this section apply for the term of the engagement and for three (3) years after termination, except that trade secrets remain protected for as long as they qualify as trade secrets under applicable law.
Return or destruction: On termination or written request, the Recipient will return or destroy the Discloser's Confidential Information in its possession, except for (a) copies retained in routine backup systems pending normal rotation, and (b) copies retained as required by law, regulation, or legitimate record-keeping policies, all of which remain subject to this section.
Ownership: FameFlow and its licensors own all right, title, and interest in and to the FameFlow platform, services, model architectures, and software (excluding Customer Content and Generated Output, which are governed by the "User-Generated Content" and "Ownership of Generated Output" sections).
FameFlow IP indemnity (Service): FameFlow will defend, indemnify, and hold harmless the Client and its officers, directors, employees, and agents from and against any third-party claim alleging that the Service itself (as provided by FameFlow and used by the Client in accordance with this TOS), or any Generated Output produced by the Service where the input did not include Reference Material supplied by or on behalf of the Client, infringes that third party's patent, copyright, trademark, or trade-secret rights. This indemnity is subject to the Client (a) promptly notifying FameFlow of the claim, (b) granting FameFlow sole control of the defense and any settlement (which settlement may not impose any non-monetary obligation on the Client without the Client's prior written consent), and (c) providing reasonable cooperation at FameFlow's expense.
Carve-out: FameFlow's indemnity under the preceding paragraph does not apply to claims to the extent arising from (i) Reference Material, prompts, scripts, or other content supplied by or on behalf of the Client; (ii) any combination, modification, or use of the Service or Generated Output other than as expressly authorized by FameFlow; (iii) the Client's failure to implement updates or fixes that FameFlow has made available; or (iv) the Client's use of the Service in violation of this TOS or applicable law.
Remedies if Service becomes infringing: If the Service is, or in FameFlow's reasonable opinion is likely to be, the subject of an infringement claim, FameFlow may, at its option and expense, (a) procure for the Client the right to continue using the affected portion of the Service; (b) modify the affected portion so it no longer infringes while retaining substantially equivalent functionality; or (c) if (a) and (b) are not commercially reasonable, terminate the affected portion and refund any prepaid fees attributable to the unused period. The remedies in this section, together with the indemnity above, state FameFlow's sole liability, and the Client's sole remedy, for any third-party infringement claim against the Service.
Likeness license rights (Celebrity Mode): For clarity, the FameFlow IP indemnity in this section does not displace the celebrity-likeness-specific indemnity set out in the "Indemnification" section below, which continues to apply on its own terms.
License back to Client: By using the Service, the Client is granted a worldwide, non-exclusive, non-transferable, revocable (only on termination or material uncured breach) license to access and use the FameFlow platform and services solely in accordance with these Terms of Service. This license does not include any resale or commercial re-licensing of the Service or its underlying components; collection of competing-platform pricing or product listings; derivative use of the platform components themselves; or any use of data mining, automated scraping, or similar extraction tools targeting the Service or other customers' content.
Upon successful advertisement approval, FameFlow Inc. grants the user a specific Likeness License Agreement. This agreement provides detailed terms under which the user may use the celebrity's likeness in advertising creatives. All intellectual property rights in the celebrity's likeness are owned by the celebrity or their legal representatives. The Likeness License Agreement does not transfer ownership but rather grants a limited right to use the likeness in accordance with the agreement.
Users may submit, upload, or otherwise make available content (such as images, text, messages, information, user-generated videos or audios, etc.) on the platform. By doing so, users represent and warrant that they own or have the necessary licenses, rights, consents, and permissions to authorize FameFlow Inc. to use such content in accordance with these Terms of Service.
Service-provision license: By submitting content, you grant FameFlow a worldwide, non-exclusive, royalty-free, sublicensable (only to FameFlow's Sub-processors as listed in this TOS) license to host, store, transmit, reproduce, modify, prepare derivative works of, and display the content solely as necessary to (i) provide and operate the Service for you and your organization, (ii) detect and prevent abuse, fraud, and policy violations, and (iii) comply with legal obligations. This license terminates when the underlying content is deleted in accordance with the "Data Retention and Deletion" section, except to the extent retained in backups (which are purged on the regular rotation) or required to be retained by applicable law.
Marketing use is opt-in: FameFlow does NOT acquire the right to use the Client's name, logo, trademarks, generated outputs, or any other user-submitted content for FameFlow's own marketing, promotional, advertising, or case-study purposes by default. Any such use requires the Client's prior express written consent (which the Client may grant on a campaign-by-campaign basis, time-limited basis, or revoke at any time on thirty (30) days' written notice). De-identified, aggregated usage statistics that do not identify the Client, any individual end-user, or any specific campaign do not require consent.
This section describes the allocation of rights in the image, video, voice, and other media produced by the Service in response to your generation tasks ("Generated Output"). It supplements, and does not override, the "Likeness License Rights" and "User-Generated Content" sections above.
Character Mode output (free-form and Virtual Influencer): Subject to your continued compliance with this TOS and to all rights in any Reference Material you supplied, FameFlow assigns to you all rights it has, if any, in the Generated Output produced in Character Mode, including in Generated Output produced using your Virtual Influencers. You may reproduce, distribute, display, perform, and prepare derivative works of such Generated Output for any lawful purpose, including commercial use. This assignment does not transfer any rights in (i) the FameFlow platform, model weights, or underlying software; (ii) any Reference Material owned by a third party that you used as an input; (iii) any third-party intellectual property or right of publicity that the Generated Output may incorporate or implicate; or (iv) the model weights of any Virtual Influencer, which remain owned by FameFlow as set out in the "Virtual Influencers and Voice Cloning" section.
No copyright warranty: You acknowledge that, under the current laws of the United States and certain other jurisdictions, generative-AI output may not be eligible for copyright protection, in whole or in part, where it lacks sufficient human authorship. FameFlow makes no representation or warranty that any Generated Output is copyrightable by you, or that your use of any Generated Output will not infringe the rights of any third party. You are responsible for conducting your own clearance review before publishing or commercially exploiting any Generated Output.
Celebrity Mode output: Generated Output produced in Celebrity Mode incorporates a celebrity's likeness or voice and is governed by the applicable Likeness License Agreement, which sets out the permitted platforms, territories, duration, and impression limits for use of that Generated Output. You do not acquire any standalone right to use Celebrity Mode Generated Output outside the scope of the applicable Likeness License Agreement. Once a Likeness License Agreement expires or is terminated, you must cease all further use of the corresponding Generated Output.
Reference Material rights are not transferred: Nothing in this section grants you any new right in, or any ownership of, the likenesses, voices, or intellectual property of any person or entity depicted in or used as Reference Material. Your rights to use such persons' or entities' likenesses, voices, or works are limited to the rights you obtained when you uploaded the Reference Material under the "User-Uploaded Reference Material — Representations and Warranties" section.
License back to FameFlow: For Character Mode Generated Output, you grant FameFlow the limited service-provision license described in the "User-Generated Content" section above — i.e. a license sufficient to host, store, transmit, and display the Generated Output within the Service for the purpose of providing the Service to you. FameFlow does not acquire any right to use Generated Output for its own marketing, promotional, or case-study purposes without your prior express written consent, as set out in that section.
All trademarks, logos, and service marks displayed on the platform are the property of FameFlow Inc. or their respective owners and may not be used without the prior written permission of FameFlow Inc. or the relevant trademark owner.
FameFlow Inc. respects the intellectual property rights of others and asks users of the Service to do the same. FameFlow Inc. may, in appropriate circumstances and at its discretion, disable or terminate the accounts of users who may be infringing the intellectual property rights of others.
Advertisement Approval Content (refer to Likeness License)
To maintain the integrity and quality of content associated with celebrity likenesses, FameFlow Inc. implements an advertisement approval process. This process is designed to ensure that all advertisements featuring celebrities' likenesses adhere to both our platform standards and the specific terms outlined in the Likeness License Agreement.
Initial Submission: Advertisers must submit their advertisement content featuring a celebrity's likeness through the FameFlow platform for initial review. The submission should comply with our content guidelines and any additional criteria specified at the time of submission.
Content Guidelines: Advertisements must not contain misleading, illegal, offensive, or otherwise harmful content. They should respect the dignity and public image of the celebrity involved.
Review Process: Submitted advertisements undergo a thorough review by the FameFlow team or the designated representatives of the celebrity (as per the Likeness License Agreement). This review assesses compliance with our platform standards, legal requirements, and the preferences of the celebrity or their representatives.
Approval or Rejection: Advertisers will be notified of the approval or rejection of their advertisement submission. Approved advertisements are then subject to the terms of a specific Likeness License Agreement, which outlines the scope of use, allowed platforms, and any restrictions.
Feedback and Modifications: In cases where an advertisement is not approved, specific feedback will be provided. Advertisers may modify their advertisement content in line with this feedback and re-submit for approval.
Final Approval: Once an advertisement meets all requirements and receives final approval, a Likeness License Agreement is granted, detailing the rights and limitations regarding the use of the celebrity's likeness.
Usage Monitoring: FameFlow Inc. reserves the right to monitor the use of approved advertisements to ensure ongoing compliance with the terms of the Likeness License Agreement.
Violation of Terms: Any use of a celebrity's likeness outside the agreed terms may result in immediate revocation of the Likeness License Agreement, removal of the advertisement, and potential legal action.
Advertisers are responsible for ensuring that their advertisement content remains compliant with the Likeness License Agreement throughout the campaign duration. Any changes to the content, platform, or context of use must receive prior approval from FameFlow Inc.
FameFlow Inc. provides a platform for users to submit content, including advertisements that feature celebrities' likenesses. To ensure the integrity of the platform and respect for the celebrities' images, the following guidelines have been established for content submission:
Submitted content must be accurate, truthful, and lawful. It should not infringe on any copyright, trademark, privacy rights, or other legal rights of any third parties. All claims within the content must be substantiated, and any necessary permissions or licenses for the use of third-party materials must be obtained prior to submission.
Content that is defamatory, obscene, pornographic, abusive, discriminatory, or otherwise offensive is strictly prohibited.
Content that promotes or engages in illegal activities, violence, or hate speech will be immediately rejected.
The use of a celebrity's likeness must strictly adhere to the terms of the Likeness License Agreement. This includes limiting use to approved contexts and platforms and ensuring that the presentation positively reflects on the celebrity's public image.
Advertisements must comply with applicable laws and regulations related to advertising standards and consumer protection.
Advertisements should be clearly distinguishable as such and not designed to mislead users about their nature or true intent.
By submitting content, users warrant they possess all necessary rights, licenses, consents, and permissions to use the content and to authorize FameFlow Inc. to use it in accordance with these Terms of Service.
Users agree to indemnify FameFlow Inc. against any claims arising from the infringement of intellectual property rights or other rights in the content submitted.
FameFlow Inc. reserves the right to refuse, modify, or remove any content at its discretion that does not comply with these guidelines or if deemed harmful to the platform's integrity or the public image of any celebrities featured.
Modifications requested by FameFlow Inc. for compliance must be implemented by the user before content can be approved for use on the platform.
Users are responsible for ensuring their content's compliance with these guidelines and all applicable laws and regulations.
Users must review and adhere to any specific requirements or restrictions outlined in the Likeness License Agreement regarding the creation and dissemination of content featuring celebrity likenesses.
Compliance with these content submission and guidelines is mandatory. Violations may result in the rejection of submitted content, suspension or termination of the user's account, and revocation of any granted Likeness License Agreements.
FameFlow Inc. operates a prepaid digital-wallet system. You deposit funds into a wallet associated with your FameFlow account, and those funds are then spent against the Service according to the billing model that applies to the action you take. Two distinct billing models operate concurrently:
(a) Character Mode — per-generation billing: Each generation task (image, video, voice) submitted in Character Mode is billed at the time of submission against the wallet balance. The applicable per-generation price depends on the selected model, resolution, duration, and other parameters, and is presented to you in the user interface before you confirm the task.
(b) Celebrity Mode — per-impression licensing: Generation in Celebrity Mode is performed at no per-generation charge. The wallet is instead debited per impression when approved content is displayed as an advertisement under the applicable Likeness License Agreement, at the rates set out in that Agreement.
Both models draw against the same prepaid wallet balance. Wallet balances are denominated in United States Dollars (USD).
Payment processor (default): By default, wallet top-ups are processed by Stripe, Inc. ("Stripe"). FameFlow does not collect, store, or process your full payment-card data; that data is collected directly by Stripe and is subject to Stripe's own terms and privacy policy (see stripe.com/legal). By initiating a top-up you authorize Stripe to charge your selected payment method and to remit the corresponding USD amount to your FameFlow wallet. FameFlow reserves the right to engage additional or alternative payment processors from time to time and will notify the Client of any material change.
Invoiced billing (B2B): As an alternative to card top-ups, the Client may request invoiced billing. Where invoiced billing is enabled for the Client by FameFlow, FameFlow will issue periodic invoices in USD for fees actually accrued (per-generation, per-impression, and applicable service fees) on net thirty (30) day payment terms, payable by wire transfer or other agreed method. Past-due invoices accrue interest at the lesser of 1.0% per month or the maximum permitted by applicable law. FameFlow may suspend the Service for invoices more than fifteen (15) days past due after written notice and a reasonable opportunity to cure.
Currency: All wallet credits are denominated in USD. If you fund your top-up in another currency, Stripe (or your card issuer) will perform the conversion at its prevailing rate; FameFlow receives and credits the USD amount actually settled.
Taxes: Quoted prices and top-up amounts are exclusive of any sales, use, value-added, goods-and-services, withholding, or similar taxes, unless otherwise stated. Where FameFlow is required to collect such taxes, they will be added to your top-up at checkout. You are responsible for any taxes assessed against you that are not collected by FameFlow.
Per-generation rates (Character Mode): The per-generation price for each model is displayed in the Service before you submit a task. Prices may change from time to time; price changes apply prospectively only and never to tasks already submitted or to wallet credits already deposited.
Per-impression rates (Celebrity Mode): Per-impression rates are set out in the applicable Likeness License Agreement at the time the Agreement is granted.
Service Fees: FameFlow may charge processing or service fees in addition to per-generation and per-impression amounts. Where applicable, these fees are disclosed to you at the time of the relevant transaction.
Notice: Users are notified in advance of any material changes to the pricing structure or fees through their associated email or directly on the platform.
Non-cash, no interest: Wallet credits are not cash, do not bear interest, and are not redeemable for cash except as required by applicable law or as expressly provided under the "Refunds Policy" below.
Inactivity: Wallet balances remain available for use against the Service indefinitely while your account is active. If your account is closed under the "Termination" section, any unused wallet balance is forfeited unless otherwise required by applicable law.
Chargebacks: If you initiate a chargeback or payment-card dispute on any top-up after wallet credits from that top-up have already been consumed, FameFlow may, in addition to its other rights, suspend your account, reverse any unspent credit, and refer the matter for collection. Where you have a good-faith billing dispute, please contact us at Info@fameflow.ai before initiating a chargeback.
Allocating Funds: When approved content is displayed under a Likeness License Agreement, per-impression amounts are deducted from your FameFlow wallet at the rates set out in that Agreement.
Payment to Celebrities: A portion of the funds attributable to a Likeness License is paid to the relevant celebrity or their representative. The specific distribution model is outlined in the applicable Likeness License Agreement.
Automatic refunds: Where a generation task is rejected, cancelled, or fails for reasons attributable to the Service or to a system-enforced content rule (for example, a B-roll task cancelled by automated face-detection moderation, or a task that fails due to a model-provider error), the per-generation amount is automatically refunded to your wallet, typically within minutes. No manual request is required.
Manual refund requests: Refunds outside of the automatic flow — including, without limitation, refund requests in respect of Likeness License Agreements terminated early or per-impression amounts disputed in good faith — are considered on a case-by-case basis. Manual refund requests should be submitted to Info@fameflow.ai.
Processing time: Approved manual refunds are processed within up to 60 days from the date the refund request is approved. Refunds to a payment card may take additional time depending on your card issuer.
Refund amounts: Manual refunds may not be issued in full where transactional fees or non-refundable portions are set out in the applicable Likeness License Agreement or in this TOS.
Advertisement Cancellation: If you cancel an advertisement governed by a Likeness License Agreement, you may be eligible for a partial refund, depending on the terms of that Agreement and the timing of the cancellation.
Non-Refundable Fees: Certain fees may not be eligible for refunds, including processing fees and amounts already paid out to celebrities or third-party model providers. The breakdown of non-refundable fees applicable to a transaction is disclosed at the time of purchase or in the applicable Likeness License Agreement.
FameFlow Inc. is committed to protecting the privacy and security of our users' data. This section outlines our data handling practices, but we strongly encourage all users to review our full Privacy Policy for more detailed information.
We collect information you provide directly to us when you register for an account, use our services, submit content, or communicate with us. This may include personal details such as your name, email address, and any other information you choose to provide.
Additionally, we automatically collect certain information when you access or use our platform, including but not limited to log information, device information, and usage data.
Information collected is used to provide, maintain, and improve our services; to process transactions and send related information, including confirmations and invoices; to respond to comments, questions, and requests; and to communicate with users about products, services, and offers.
We may also use the information to monitor and analyze trends, usage, and activities in connection with our services.
FameFlow Inc. does not share user information with third parties except as described in this TOS and our Privacy Policy. This may include sharing with our Sub-processors (see the "Sub-processors" section below for the current list) who need access to such information to carry out work on our behalf; in response to a request for information if we believe disclosure is in accordance with any applicable law, regulation, or legal process; and with your consent or at your direction.
FameFlow implements administrative, technical, and physical security measures designed to protect personal information against unauthorized access, disclosure, alteration, and destruction. These include, at a minimum: encryption in transit (TLS 1.2 or higher) for data moving across public networks; encryption at rest for stored Customer Content using industry-standard algorithms; role-based access controls with least-privilege provisioning; multi-factor authentication for administrative access; audit logging of privileged operations; routine vulnerability scanning and remediation; an incident-response process; and an annual third-party security assessment. FameFlow conducts background checks on personnel where lawful and limits access to Customer Content on a need-to-know basis. FameFlow contractually binds its Sub-processors to security and confidentiality obligations consistent with this section.
Incident notification: In the event of a confirmed security incident that materially compromises the confidentiality, integrity, or availability of the Client's Customer Content or personal information, FameFlow will notify the affected Client without undue delay and in any case no later than seventy-two (72) hours after FameFlow becomes aware of the incident, and will provide reasonable cooperation and information to enable the Client to meet its own breach-notification obligations under applicable law.
Despite our efforts, no security measures are completely secure. While we strive to protect your information, we cannot guarantee its absolute security.
FameFlow and several of its Sub-processors are established in the United States. Where you or your end-users are located outside the United States, the use of the Service involves the transfer of personal information across borders, including to the United States and to other jurisdictions where our Sub-processors operate.
Mexican users (LFPDPPP): Where personal data of natural persons resident in Mexico is processed in connection with the Service, FameFlow acts as a data processor ("encargado") on behalf of the Client (the "responsable") for the purpose of providing the Service. The Client retains the obligation to provide the data subject with a privacy notice ("aviso de privacidad") that complies with the Ley Federal de Protección de Datos Personales en Posesión de los Particulares ("LFPDPPP") and its Regulations, and to obtain any required consent for international transfer. FameFlow will process such data only on the Client's documented instructions and as necessary to provide the Service.
EEA, UK, and Swiss users: Where personal data of natural persons in the European Economic Area, the United Kingdom, or Switzerland is transferred to FameFlow or its Sub-processors outside those jurisdictions, FameFlow relies on the European Commission's Standard Contractual Clauses (Module Two: Controller to Processor) or, for transfers to the United Kingdom, the UK International Data Transfer Addendum, together with any supplementary measures required to provide an essentially equivalent level of protection. The Client and FameFlow agree to execute such transfer-mechanism instruments as required by applicable law.
Other jurisdictions: For users located in other jurisdictions with cross-border-transfer requirements, FameFlow will cooperate in good faith with the Client to implement appropriate transfer mechanisms.
To the extent applicable data-protection laws grant you rights with respect to your personal information — including, without limitation, the EU and UK General Data Protection Regulation, the California Consumer Privacy Act and California Privacy Rights Act, and similar laws in your jurisdiction — you have the right to:
How to exercise these rights: Submit a request to Info@fameflow.ai with the subject line "Privacy Request — [Access | Correction | Deletion | Portability | Other]". We will respond within the period required by applicable law (typically thirty (30) days), and we may ask you to verify your identity before fulfilling the request.
Users can often remove or reject browser cookies through their browser settings but doing so may affect the availability and functionality of our services.
While your account is active: We retain your account profile, Asset Library uploads, Virtual Influencers (including their base reference content and voice-clone references held by our voice-cloning Sub-processor), generated outputs, projects, tasks, chat history with Co-Pilot, and transaction records for as long as your FameFlow account remains active, so that the Service remains usable.
On account deletion: When you delete your account under the "Termination" section, we will, within thirty (30) days, irreversibly delete or de-identify (a) your Asset Library uploads and Reference Material, (b) the base reference content of any Virtual Influencer associated with your account and (c) generated outputs stored on the Service, and (d) your Co-Pilot chat history. For any voice clone associated with your account, we will, within the same period, delete our voice-clone reference and instruct our voice-cloning Sub-processor (currently ElevenLabs) to delete the corresponding voice model from its systems; we will use commercially reasonable efforts to obtain confirmation of that deletion. We may retain account-level metadata, transaction and tax records, and information necessary to comply with legal obligations, resolve disputes, enforce our agreements, prevent fraud, or defend legal claims, for so long as required by applicable law (typically up to seven (7) years for financial records). Backup copies are purged on the regular backup-rotation cycle, which typically completes within an additional ninety (90) days.
Targeted deletion: You may delete individual Asset Library items, Virtual Influencers, voice clones, projects, tasks, and chat threads from within the Service at any time. Deletion of a Virtual Influencer deletes its base reference content; deletion of a voice clone deletes our reference to it and triggers a deletion request to our voice-cloning Sub-processor; deletion of an Asset Library item deletes the underlying media file. Generated outputs you have already downloaded outside the Service are not affected.
Limits on deletion: We may be unable to delete content that you have shared with other members of your organizational account where deletion would impair their use of the Service, in which case we will inform you of those limits and discuss available options.
FameFlow Inc. reserves the right to update or modify our Privacy Policy at any time. Like changes to the TOS, we will notify users of any significant changes through the platform or via email. Continual use of our services after such changes will constitute acceptance of the new privacy practices.
For questions or concerns about our privacy practices, please contact us at Info@fameflow.ai or via mail at 32123 Lindero Canyon Rd, STE 216, Westlake Village, CA, 91361.
To deliver the Service we engage third-party service providers ("Sub-processors") that process Customer Content or personal data on our behalf. By using the Service you authorize FameFlow to disclose Customer Content and personal data to the Sub-processors listed below, solely as necessary to provide and operate the Service. Each Sub-processor processes data subject to its own terms and privacy policy.
The current list of Sub-processors is maintained below. We will update this list when material changes occur. FameFlow will provide the Client with at least thirty (30) days' prior written notice (by email to the registered account contact and/or via the Service) before engaging any new Sub-processor that will materially process the Client's Customer Content or personal data. The Client may object to a proposed new Sub-processor in good faith on reasonable grounds (e.g. security, regulatory, or geographic-residency concerns) by responding within fifteen (15) days of FameFlow's notice. If the Client objects and the parties are unable to agree on a remediation within thirty (30) days of the objection, the Client may, as its sole remedy, terminate the affected portion of the Service without penalty and receive a prorated refund of any prepaid fees attributable to Services not yet performed. FameFlow may add a Sub-processor with less than thirty (30) days' notice where required by law, security urgency, or to avoid imminent Service disruption, and will inform the Client as soon as commercially reasonable.
"Sub-processor" as used in this TOS does not include FameFlow's own affiliates, employees, or contractors acting under FameFlow's direct supervision. Where a Sub-processor processes personal data of natural persons in the European Economic Area, the United Kingdom, or Switzerland, FameFlow relies on the European Commission's Standard Contractual Clauses (or equivalent transfer mechanism) where required.
FameFlow does not train its own foundation models on Customer Content. "Customer Content" means the prompts, scripts, Reference Material, Asset Library uploads, Virtual Influencer training inputs, voice samples, generated outputs, and chat-message content that you submit to or generate through the Service. We do not use Customer Content to train, fine-tune, or improve any general-purpose generative model that we make available to other customers.
What we may do with Customer Content: We process Customer Content as necessary to (a) provide the Service to you (including routing it to the third-party model providers and sub-processors required to perform the requested task); (b) detect and prevent abuse, fraud, and policy violations, including operating automated content-moderation systems; (c) debug, secure, and improve the operational reliability of the Service; and (d) compile aggregated, de-identified statistics that do not identify you or your content.
Personal Virtual Influencers are permitted and intended: For clarity, when you create your own Virtual Influencer by curating base reference content (and, optionally, a cloned voice hosted by our voice-cloning Sub-processor) within the Service, that is a feature you have explicitly requested. The resulting VI configuration is scoped to your organizational account and is not used to improve models for other customers.
Third-party model providers: To deliver the Service we route Customer Content to third-party generative-model providers (each, a "Model Provider") listed in our Sub-processors disclosure. Each Model Provider processes Customer Content under its own terms. Where commercially reasonable, FameFlow contracts with Model Providers under arrangements that disable the use of Customer Content for training the Model Provider's own models. Because Model-Provider terms can change, we do not warrant that no Model Provider ever uses any submitted input for any training purpose; you should review the current terms of each Model Provider you are concerned about. We will use commercially reasonable efforts to maintain training-opt-out arrangements with our Model Providers and to update the Sub-processors disclosure when those arrangements change.
Enterprise customers: Enterprise customers may request a Data Processing Addendum ("DPA") that sets out written, contractually-binding commitments regarding the use of Customer Content (including a contractual no-training commitment binding on FameFlow and, where available, flow-down commitments from Model Providers). Contact Info@fameflow.ai with the subject line "DPA request".
Informal Negotiation:
To expedite resolution and control the cost of any dispute, controversy, or claim related to the TOS ("Dispute"), you and FameFlow Inc. agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other.
If you and FameFlow Inc. are unable to resolve a Dispute through informal negotiations, either party may elect to have the Dispute (with the exception of those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other.
The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures before a single arbitrator held in the state and county of California, United States. The arbitrator’s decision shall be controlled by the terms and conditions of the TOS and any of the other agreements referenced herein that the applicable party may have entered into in connection with the platform.
Each party will cover their own arbitration fees. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
You and FameFlow Inc. agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
In the event that the agreement to arbitrate is found not to apply to you or your claim, you and FameFlow Inc. agree that any judicial proceedings will be brought in the federal or state courts of California, United States. Both you and FameFlow Inc. consent to venue and personal jurisdiction there. This ensures that any litigation relating to these Terms of Service, the Service, or transactions with FameFlow Inc. will be conducted in a court familiar with the governing law outlined in this section.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service provided by FameFlow Inc., or the TOS must be filed within one (1) year after such claim or cause of action arose, or be forever barred. This limitation ensures that disputes are raised in a timely manner.
In no event shall either party be liable for any special, incidental, indirect, consequential, moral, exemplary or punitive damages whatsoever, regardless of cause, including losses and damages (A) resulting from loss of use, data, reputation, revenue, or profits; (B) based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action; or (C) arising out of or in connection with your use of or access to the Services and Software.The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘User Responsibility.’
FameFlow is not responsible for, and assumes no liability for, the contents of your generated content or ad campaigns.
These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or willful misconduct.
Moreover, FameFlow Inc. assumes no liability for any content that you or another user or third-party posts or transmits using our Service. You understand and agree that you may be exposed to content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Total Liability — general cap: Subject to the carve-outs in the following paragraphs, each party's aggregate liability for all claims relating to the Service in any twelve-month period will not exceed the greater of (a) the amount paid or payable by the Client to FameFlow under this TOS during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) fifty thousand U.S. dollars (US $50,000).
Elevated cap — confidentiality and data-security incidents: A party's aggregate liability for claims arising from that party's breach of the "Mutual Confidentiality" section, or from a security incident attributable to that party's failure to maintain the security measures described in the "Data Protection" section, will not exceed two (2) times the general cap set out above.
No cap — bad-conduct and indemnification carve-outs: The limits in this section do not apply to (i) liability arising from a party's fraud, gross negligence, or willful misconduct; (ii) the indemnification obligations set out in the "Indemnification" and "Intellectual Property Rights and Indemnification of the Service" sections; (iii) amounts owed to FameFlow for Service fees actually accrued; or (iv) liability that cannot be limited under applicable mandatory law.
Liability Agreement: This Limitation of Liability section applies to any damages or liability incurred by reason of any content or service provided on or through the Service and shall survive any terminations or expirations of these Terms of Service or your use of the FameFlow platform.
Liability Disclaimer: The limitations of liability outlined in this section are fundamental elements of the basis of the bargain between FameFlow Inc. and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
FameFlow services and software are provided “AS-IS.” To the maximum extent permitted by law, FameFlow, its affiliates, and third-party providers (“Covered Parties”) disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. The Covered Parties make no commitments about the content within the Services. The Covered Parties further disclaim any warranty that:
The foregoing "AS-IS" disclaimer is qualified by, and read together with, the express service-level and security commitments set out in the "Service Level Commitments", "Data Protection", and "Sub-processors" sections of this TOS. Where those sections create an express commitment, that commitment controls over the general disclaimer above.
Uptime target: FameFlow will use commercially reasonable efforts to make the core Service (the FameFlow web application and its public APIs) available with a monthly uptime of at least 99.0%, measured as ((Total Minutes in Month − Unavailable Minutes) ÷ Total Minutes in Month) × 100.
Exclusions: "Unavailable Minutes" do not include downtime caused by (i) scheduled maintenance announced at least forty-eight (48) hours in advance and performed during a published maintenance window; (ii) Force Majeure events as defined in this TOS; (iii) failures of third-party generative-model providers, ad platforms, or other Sub-processors where FameFlow's own infrastructure is operating normally (FameFlow will use reasonable efforts to mitigate, including by routing to alternative providers where available); (iv) Client-caused issues (including misuse, exceeding rate limits, or use of unsupported configurations); or (v) issues in the Client's own network or end-user devices.
Service credits: If FameFlow fails to meet the monthly uptime target, the Client may, on written request submitted within thirty (30) days of the end of the affected month, receive a credit against future fees as follows: 99.0%–98.0% uptime → 10% of that month's fees; 98.0%–95.0% → 25% of that month's fees; below 95.0% → 50% of that month's fees. Service credits are the Client's sole and exclusive remedy for any failure to meet the uptime target, except where FameFlow fails to meet the uptime target in three (3) or more months within any rolling twelve-month period, in which case the Client may terminate the Agreement for cause without further penalty and receive a prorated refund of any prepaid fees.
Support response targets: For Client support requests submitted to FameFlow's support channels, FameFlow will use commercially reasonable efforts to provide an initial human response within the following targets, measured during FameFlow's standard business hours (9:00 AM – 5:00 PM Pacific Time, Monday through Friday, excluding U.S. federal holidays):
FameFlow will use reasonable efforts to resolve, mitigate, or provide a workaround within reasonable timeframes appropriate to the severity, but does not commit to a specific resolution time. Severity is assigned by FameFlow in consultation with the Client.
Independent audit reports: On the Client's reasonable written request (no more than once per twelve-month period absent a security incident), FameFlow will provide, subject to a mutual non-disclosure agreement, a copy of its then-current independent security audit report (such as a SOC 2 Type II report, ISO/IEC 27001 certification, or equivalent), together with a summary of any compensating controls implemented in response to material findings.
On-site audit: Where the Client is a regulated financial institution, healthcare provider, or other entity that is required by applicable law or regulatory expectation to conduct vendor audits, the Client (or its qualified third-party auditor bound by confidentiality) may, on at least thirty (30) days' prior written notice and no more than once per twelve-month period absent a security incident, conduct an on-site or remote audit of FameFlow's policies, procedures, and controls relevant to FameFlow's performance under this TOS. The audit will be conducted during FameFlow's normal business hours, in a manner that does not unreasonably disrupt FameFlow's operations, and will not extend to data or systems relating to other customers. The Client bears the costs of its own auditors; FameFlow bears the costs of its own personnel time except where the audit identifies material non-compliance, in which case the reasonable costs of FameFlow's remediation are FameFlow's responsibility.
Regulator audits: Where a competent regulator with jurisdiction over the Client requires direct access to FameFlow for the purpose of supervising the Client's outsourcing arrangements, FameFlow will reasonably cooperate, subject to confidentiality safeguards and to the protection of other customers' data.
You agree to indemnify, defend, and hold harmless FameFlow Inc., its affiliates, officers, directors, employees, agents, licensors, and service providers ("FameFlow Parties"), from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
Your violation of these Terms of Service, including, but not limited to, your use of the FameFlow platform's content, services, and products other than as expressly authorized in these Terms;
Your use of any information obtained from the Service that results in harm or damage to a third party;
Any user content or material you post, upload, use, distribute, store, or otherwise transmit through the Service;
Your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity;
Your use of Likeness Licenses, including any unauthorized or prohibited use of celebrity likenesses as detailed in the specific Likeness License Agreement provided to you.
Any other activities in connection with the Service that breach the established terms and conditions herein or violate applicable law.
This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service.
You further agree that FameFlow Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FameFlow Inc. in asserting any available defenses.
FameFlow Inc. declares and warrants that it has received from all third parties (celebrities) whose image and likenesses can be licensed under these Terms of Service and Likeness License Agreement to be used shall be used in AI-generated advertisements. FameFlow Inc.undertakes to indemnify You from any liability in this respect and to satisfy all justified claims of third parties, cover all costs, expenses and damages related thereto, including the costs of legal representation and court costs.
FameFlow Inc. shall, at its sole expense, defend and indemnify You and Your affiliates and their respective employees, directors, agents, permitted successors and assignees from and against all losses based upon, arising out of, or relating to, any claim, suit or proceeding, or any threatened claim, suit or proceeding brought by any third party that arises out of, or relates to: (i) any breach or alleged breach of any representation, warranty, covenant or agreement made by FameFlow Inc. herein; (ii) a breach by FameFlow Inc. of any provision of these Terms of Service or Likeness License Agreement; or (iii) a claim that the use by You, Your affiliates or any distributor or end user of the celebrities likenesses as contemplated hereunder infringes or misappropriates such third party’s image rights or intellectual property rights; (iv) any other FameFlow Inc.’s contractual obligations with third parties. This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service. FameFlow Inc. further agrees that You reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by FameFlow Inc., in which event FameFlow Inc will fully cooperate with You in asserting any available defenses.
FameFlow Inc. shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation:
Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
War, hostilities, invasion, acts of foreign enemies, embargoes, terrorism, or other hostility or acts of war;
Civil unrest, riot, rebellion, revolution, insurrection, or military or usurped power, or confiscation by order of any government or public authority;
National or regional emergency, including health emergencies declared by appropriate governmental authorities, pandemics, and epidemics;
Strikes, labor disputes, or other labor or trade disturbances that affect our operations or those of our suppliers or logistics providers, where such disturbances are general in nature and not specific to FameFlow's own workforce or contractors;
External infrastructure failures: outages of public utility services, regional or backbone-level telecommunication-network failures, regional or backbone-level Internet failures, and outages of upstream cloud-infrastructure or model-provider services that FameFlow uses to provide the Service, where such outages are not attributable to FameFlow's own negligence or failure to follow industry-standard operational practices. For clarity, ordinary failures of equipment, software, or systems operated by or under the direct control of FameFlow (including bugs, capacity-planning failures, deployment errors, and routine maintenance) are NOT Force Majeure events and FameFlow remains fully responsible for them;
Legal or regulatory restrictions, including the imposition of laws or governmental orders, or changes in law that materially affect the delivery of our Services.
The party invoking Force Majeure will promptly notify the other party of the nature and expected duration of the event and will resume performance as soon as commercially feasible. The time for performance will be extended for a period equal to the duration of the Force Majeure circumstances. If a Force Majeure event materially affects the Service and persists for more than thirty (30) consecutive days, the affected party (which, in the case of the Client, includes the Client even where FameFlow is invoking Force Majeure) may terminate the affected portion of the Agreement without penalty, and FameFlow will refund any prepaid fees attributable to Services not yet performed.
This Force Majeure provision does not excuse either party's obligation to take reasonable steps to follow its normal disaster recovery and business-continuity procedures or your obligation to pay for services already rendered.
This section of the Terms of Service (TOS) outlines additional terms that govern your use of the FameFlow Inc. platform and services.
Entire Agreement: These TOS, together with any documents expressly referred to herein (including the Privacy Policy, Likeness License Agreements, and any guidelines or rules posted on the platform), constitute the entire agreement between FameFlow Inc. and you pertaining to the subject matter hereof and supersede all prior agreements, understandings, negotiations, and discussions, only written, of the parties.
Severability: If any provision of these TOS is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions.
No Waiver: The failure of FameFlow Inc. to insist upon or enforce strict performance of any provision of these TOS shall not be construed as a waiver of any provision or right. No waiver of any of these TOS shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Assignment: You may not assign, sublicense, or otherwise transfer any of your rights under these TOS without the prior written consent of FameFlow Inc.
FameFlow Inc. may assign its rights under these TOS to any third party at its discretion.
Notices: All notices given by you to FameFlow Inc. must be given to Info@fameflow.ai or at 32123 Lindero Canyon Rd, STE 216, Westlake Village, CA, 91361. We may give notice to you at either the email or postal address you provide to us when registering or in any of the ways specified in the section entitled "Amendments and Updates" within these TOS.
Headings: The headings and titles used in these TOS are included for convenience only and will not limit or otherwise affect the terms herein.
Survival: The provisions of these TOS, which by their nature should survive the termination of these TOS, shall survive such termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law and Jurisdiction: The TOS and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of California, United States.
Third-Party Rights: A person who is not a party to these TOS shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these TOS. This does not affect any right or remedy of a third party specified in these TOS or which exists or is available apart from that Act.
By accepting these TOS, you acknowledge that you have read, understood, and agree to be bound by the terms outlined above and any other documents incorporated by reference. Your continued use of the FameFlow Inc. platform and services constitutes your agreement to these General Provisions and the entire TOS.
FameFlow Inc. values the insights and contributions of our community. Your feedback, comments, and suggestions provide essential guidance that helps us improve your experience on our platform, enhance our services, and innovate new solutions. We encourage all users to share their constructive feedback and ideas with us.
Submission of Feedback: You may submit feedback, comments, and suggestions by contacting us directly via email at Info@fameflow.ai or through the relevant sections of our website or app.
Ownership and Use of Feedback: By submitting feedback, comments, or suggestions to FameFlow Inc., you acknowledge and agree that:
Your submissions do not contain confidential or proprietary information of you or any third party.
FameFlow Inc. is under no obligation of confidentiality, express or implied, regarding the feedback.
FameFlow Inc. shall be entitled to use or disclose (or choose not to use or disclose) such feedback for any purpose, in any way, on any media worldwide.
FameFlow Inc. may already have under consideration or in development ideas or proposals similar to the feedback you provide.
Your feedback automatically becomes the property of FameFlow Inc. without any obligation of FameFlow Inc. to you and you are not entitled to any compensation or reimbursement of any kind from FameFlow Inc. under any circumstances.
User Responsibility: When providing feedback, you represent that you have the lawful right to submit it and that it will not violate any contractual restrictions or other third-party rights.
Appreciation for Contributions: While FameFlow Inc. does not compensate for feedback or suggestions, we appreciate your willingness to share your ideas with us. Your contributions can significantly impact the development and improvement of our platform and services.
FameFlow Inc. is committed to listening to our user community and considering your feedback as part of our ongoing effort to enhance our platform. We thank you for taking the time to share your thoughts with us.
For any questions, concerns, or comments regarding these Terms of Service, the use of our services, or any other inquiries, you are welcome to contact FameFlow Inc. through the following channels:
Email: For direct communication, please reach us at Info@fameflow.ai. We aim to respond to email inquiries within a reasonable timeframe.
Phone: For immediate assistance or to speak with a customer service representative, you can call us at +1 (302) 446-4760. Our business hours are Monday through Friday, 9:00 AM to 5:00 PM (Pacific Time).
Postal Address: If you prefer to contact us via mail or have any legal documentation to send, please use the following address: FameFlow Inc. 32123 Lindero Canyon Rd, STE 216, Westlake Village, CA, 91361, United States.
Online Form: You can also reach us by filling out the contact form available on our website. Please provide as much detail as possible to allow us to assist you efficiently.
Feedback: We welcome your feedback and suggestions on how we can improve our services. Please feel free to reach out to us using any of the contact methods above. Your input is valuable to us, and we look forward to hearing from you.
Customer Support: Our dedicated customer support team is here to help you with any issues you may encounter while using our services. Do not hesitate to contact us for support-related inquiries.
At FameFlow Inc., we are committed to providing high-quality service and support to our users. We encourage open communication and are here to assist you with any needs or questions you may have.
Effective Date: This Terms of Service Agreement becomes effective as of 19/11/2024, and applies to all users of the FameFlow Inc. platform and services from this date forward.
Termination:
(a) Your Termination. You may terminate this Agreement at any time by closing your account. To do so, send a written request to Info@fameflow.ai with the subject line "Close my account" from the email address registered to your account, and discontinue use of the Service. We will process the request and confirm closure (typically within five (5) business days). Deletion of your account triggers the data-removal process described in the "Data Retention and Deletion" section. If after termination you use the Services again, this Agreement will apply with an Effective Date that is the date on which you first use the Services again.
(b) FameFlow Termination for Convenience. FameFlow may terminate this Agreement (or any portion) or close your FameFlow Account for its own convenience by giving you not less than thirty (30) days' prior written notice. During that notice period, the Service will continue to operate normally for the Client, and the Client will be permitted to (i) complete in-flight campaigns and generation tasks, (ii) export Generated Output, Asset Library items, and other Client data via the export tools provided in the Service or via reasonable assistance from FameFlow on request, and (iii) wind down any active Likeness License Agreements in accordance with their terms. FameFlow will refund any prepaid wallet balance attributable to Services not yet performed, in accordance with the "Refunds Policy" section. Termination for convenience does not relieve the Client of liability for amounts already owed.
(b-1) FameFlow Termination or Suspension for Cause. Notwithstanding paragraph (b), FameFlow may terminate or suspend this Agreement, the Client's Account, or any portion of the Service, with immediate effect or on shorter notice, where (i) the Client has materially breached this TOS and has not cured the breach within ten (10) business days of written notice (or, where the breach is incapable of cure or its continuation poses imminent risk of harm to FameFlow, any third party, or the integrity of the Service, with no cure period); (ii) suspension or termination is required to comply with applicable law, regulation, or a binding order of a competent authority; (iii) the Client is the subject of sanctions, an OFAC / EU / UN restricted-parties listing, bankruptcy, insolvency, or analogous proceedings; or (iv) the Client's continued use of the Service poses imminent risk of harm to a third party (for example, ongoing content that is clearly illegal). FameFlow will provide reasonable contemporaneous notice of any for-cause termination and the basis for it.
(c) Termination for Material Breach. A party may terminate this Agreement immediately upon notice to the other party if the other party materially breaches this Agreement, and if capable of cure, does not cure the breach within 30 days after receiving notice specifying the breach. If the material breach affects only certain Services, the non-breaching party may choose to terminate only the affected Services.
(d) Effect on Other Agreements. Unless stated to the contrary, termination of this Agreement will not affect any other agreement between the parties or their Affiliates.
Should you have any questions regarding the updates to these Terms of Service, please do not hesitate to contact us using the information provided in the Contact Information section.
