BY ACCESSING, CREATING AN ACCOUNT, OR USING OUR SERVICE, YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY.
Welcome to our online Service. Here are a few key things to note:
IMPORTANT NOTICE FOR U.S. USERS: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 14 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
interpretation
Unless otherwise defined elsewhere in this Agreement, capitalized terms shall have the meanings set forth below:
“AI-Generated Content” means any and all content, materials, or works in any format (including images, videos, text, dialogues, and interactive experiences) created, enhanced, modified, or generated by the Company through its AI Technology, based on or derived from Creator Content, AI Personas, or User Prompts.
“AI Persona” means an interactive digital representation or character that is based on a real-world artist or performer and developed the Company using its AI Technology and AI Training Data.
“AI Technology” means the Company’s proprietary or licensed artificial intelligence systems, including all algorithms, models, software, and related technology.
“Company,” “we,” “us,” or “our”means After Entertainment, LLC, a Wyoming limited liability company.
“Creator” means a third-party content creator who uploads Creator Content to the Service for license and distribution by the Company pursuant to a separate license agreement (“License Agreement”). Creators are also subject to these Terms to the extent they use the Service as a User, but their provision of content is governed by their respective License Agreement.
“Creator Content” means all audiovisual works (including videos and images), sound recordings, and other content of Creators that are licensed to the Company and made available through the Service.
“Service” menas the website, mobile applications, and all related services, features, content, and technology operated by the Company.
“Terms” means this Terms of Service and all policies, guidelines, and rules incorporated by reference.
“User,” “you,” or “your” means an individual accessing or using the Service.
“User Content” means any and all content, data, or information that a User submits, posts, or transmits to or through the Service, including comments, feedback, and reviews, but excluding User Prompts.
“User Prompt” means any text, image, or other input provided by a User to interact with an AI Persona or to direct the generation of AI-Generated Content.
who we are and how to contact us
Changes to the Terms of Service
We reserve the right to modify or replace these Terms at any time.
We will provide you with reasonable prior notice of any material changes to these Terms. Notice may be provided by posting the updated Terms on our website, through a notification within the Service, or by sending an email to the address associated with your account. The notice will include the effective date of the changes.
By continuing to access or use our Service after those changes become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, in whole or in part, you must stop using the Service.
changes to the service
Eligibility and Age Requirement
Age Requirement. THE SERVICE IS INTENDED SOLELY FOR ADULTS. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, WHICHEVER IS GREATER, TO CREATE AN ACCOUNT OR USE THE SERVICE. Any use by anyone under the required age is unauthorized and a violation of these Terms. We may use age-verification technologies to enforce this policy.
Account Creation. To access certain features, you must register for an account. You agree to provide true, accurate, current, and complete information and to keep this information updated.
Account Security. You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You must notify the Company immediately of any unauthorized use of your account.
rules of conduct
Your use of the Service is conditioned upon your compliance with the following rules. You agree that you will not:
Use the Service for any unlawful, fraudulent, or malicious purpose.
Upload, post, or transmit any User Content that is defamatory, obscene, pornographic, vulgar, offensive, harassing, hateful, or that promotes discrimination or harm against any individual or group.
Violate or encourage others to violate the rights of any third party, including intellectual property rights.
Impersonate any person or entity or misrepresent your affiliation with a person or entity.
Attempt to jailbreak, reverse-engineer, decompile, or discover the source code or underlying components of the AI Technology.
Use User Prompts intended to generate AI-Generated Content that violates these rules or any applicable law.
Harvest or collect information about other Users without their consent.
Interfere with the operation of the Service, including by disseminating viruses or other malicious code, making unsolicited offers, or disrupting any network or server connected to the Service.
ai persona and ai-generated content
Nature of AI Persona. YOU ACKNOWLEDGE AND AGREE THAT AI PERSONA IS NOT A REAL PERSON. It is an advanced computer-generated simuulation for entertainment purposes. Any dialogue or content from an AI Persona is artificially generated and does not represent the thoughts or feelings of the real human being.
User Prompt. You grant the Company a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, and modify your User Prompts to improve the Service and AI Technology.
Ownership of AI-Generated Content. The Company is the sole and exclusive owner of all rights, title, and interest in and to all AI-Generated Content.
Your License to View Content.
Intellectual Property
Fees, Payments, and Subscriptions
Payment Obligation. Certain parts of the Service may require payment of fees (e.g., for subscriptions or access to specific content). You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered by you. All prices on the website will be shown in U.S. Dollars (USD), and all payments will be processed in USD. If your payment requires a currency conversion, you may be charged currency conversion fees by our payment processor.
Payment Authorization and Method. To make a purchase, you must provide a current, valid, accepted method of payment. You authorize us to charge your designated payment method for all fees and applicable taxes. You also authorize us to supply your payment information to a third-party payment provider for the purpose of processing payments. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your account, you remain responsible for any uncollected amounts. If your primary payment method fails, you authorize us to charge any other payment method associated with your account.
Subscription and Automatic Renewal. If you purchase a subscription, it will automatically renew for successive periods of the same duration as the initial subscription term at the then-current price. YOU ACKNOWLEDGE AND AGREE THAT BY SUBSCRIBING, YOU AUTHORIZE THE COMPANY TO MAKE RECURRING CHARGES TO YOUR PAYMENT METHOD UNTIL YOU CANCEL YOUR SUBSCRIPTION. You may cancel the automatic renewal of your subscription at any time through your account settings.
Cancellation of Subscription. If you cancel your subscription, you will continue to have access to the subscription content until the end of your current paid billing period. No further payments will be taken for that subscription, unless you choose to re-subscribe.
Refund Policy. All sales of digital products including coins are final and non-refundable. Due to the nature of digital products being delivered immediately upon purchase, no refunds will be issued once the product has been provided to you. By completing your purchase, you acknowledge that the digital product will be made available for immediate access. As the product cannot be returned once delivered, all sales are final and no refunds will be granted for any reason. Please review your purchase carefully before completing the transaction. We do not offer refunds, returns or cancellations for any subscriptions, accessed or used after purchase.
Forfeiture upon Termination. If your account is terminated for any reason, you will not be entitled to a refund for any unused subscription period or for any content you have purchased, and you will forfeit access to all such content.
TERMINATION
disclaimer of warranties
LIMITATIOn of liability
Nothing in these Terms is intended to exclude or limit our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. Consumers may be able to rely on mandatory provisions of the law in the country where they live.
For Consumer Users.
We, each of our affiliates, our employees, representatives, and agents are not liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising from your use of the Service.
If you are a consumer User residing in the United States of America, our total aggregate liability to you for any and all claims arising out of or related to these Terms shall be limited to the total amount paid by you to us during the six (6) months immediately preceding the date the claim arose (or if you have been a User for less than six months, the total amount paid since registration).
For Business Users. If you are a business User (including a Creator):
We, each of our affiliates, our employees, representatives, and agents exclude all implied conditions, warranties, representations, or other terms that may apply to the Service or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the (a) use of, or inability to use, the Service; or the (b) use of or reliance on any content displayed on the Service.
we will not be liable for the loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
Our total aggregate liability to you for any and all claims arising out of or related to these Terms shall be limited to the total amount of platform fees or commissions paid by you to us (or retained by us from your earnings) during the six (6) months immediately preceding the date the claim arose (or, if less than six months, the total amount paid since registration).
Indemnification
Dispute resolution and arbitration agreement
Good Faith Negotiation. Before initiating any formal legal proceeding, you agree to first send a written description of your dispute to the Company at the email address or mailing address set forth in Section 2 and engage in good faith negotiations with us for a period of at least thirty (30) days.
Governing Law. These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
For U.S. Users (Binding Arbitration).
Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Arbitration Rules. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The seat of arbitration shall be Wilmington, Delaware, unless otherwise agreed between the Company and User.
For International Users (Jurisdiction).
Limitation Period for Claims.