Hello and welcome! These Terms of Service are an agreement between you and KICKLIVE CORP. These Terms apply to the website available at Fav.AI (the “Website”) and the Fav.AI mobile application (the “App”). In these Terms, we will sometimes refer to KICKLIVE CORP. as “Fav.AI,” the “Company,” “we,” or “us.” We refer to all content, tools, features, and functionality provided on or through the Website and App as the “Service.”
These Terms govern your access to and use of the Service. Please read them carefully, as they contain important information regarding your legal rights. By accessing or using the Service, you agree to these Terms. If you do not understand or agree to these Terms, please do not use the Service.
In these Terms, “you” and “your” mean you, the user of the Service. If you are using the Service on behalf of a company or other entity, “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
Your Registration Obligations. When registering to use the Service, you agree to provide accurate and complete information about yourself. If you are under 13, or under 16 and a citizen or resident of the European Economic Area (EEA) or the United Kingdom (UK), do not register for the Service – you are not authorized to use the Service.
Member Account, Password, and Security. You are responsible for maintaining the confidentiality of your password and account and for all activities that occur under your password or account. You agree to immediately notify Fav.AI of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session when accessing the Service. Fav.AI will not be liable for any loss or damage arising from your failure to comply with this section.
General Practices Regarding Use and Storage. You acknowledge that Fav.AI may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Fav.AI’s servers on your behalf. You agree that Fav.AI has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Service. You acknowledge that Fav.AI reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Fav.AI reserves the right to change these general practices and limits at any time, in its sole discretion.
Email Notifications. You agree to receive notices from us electronically at the email address you have provided to us. These notices may be about your account, changes to our Service, or other updates or marketing related to our Service.
User Conduct. In addition to agreeing to comply with our Community Guidelines, which are incorporated into these Terms, you agree to comply with the following conditions when using the Service.
You are solely responsible for all content you submit to the Service. (When we say “content you submit” and similar terms, we mean anything you choose to post, transmit, or share, including but not limited to text, images, sounds, videos, graphics, information, or other data.) You agree not to submit any content that:
(i) Infringes the intellectual property or other proprietary rights of any party;
(ii) You do not have a right to submit;
(iii) Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) Poses a privacy or security risk to any individual;
(v) Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
(vi) Is threatening, abusive, harassing, tortious, or demeaning;
(vii) Is excessively violent or vividly depicts real and serious violence against people or animals;
(viii) Is defamatory, libelous, or demonstrably false with the intent to harm others;
(ix) Constitutes hate speech that demeans or promotes discrimination or violence on the basis of race, ethnicity, gender, religion, age, or other social, physical, or mental characteristics;
(x) Is obscene or lewd;
(xi) Constitutes sexual harassment;
(xii) Constitutes sexual exploitation or abuse of minors (including sharing child sexual exploitation or abuse imagery or content, or sextortion);
(xiii) Glorifies or instructs on self-harm, including self-injury, suicide, or eating disorders, or extreme fitness and/or body shaming content;
(xiv) Promotes terrorism or violent extremism;
(xv) Promotes or encourages criminal activity;
(xvi) Attempts to buy or sell illegal drugs;
(xvii) Facilitates fully automated decision-making that adversely affects an individual’s legal rights or creates binding and enforceable obligations;
(xviii) Attempts to provide medical, legal, financial, or tax advice;
(xix) Interferes with or disrupts the Service or servers or networks connected to the Service;
(xx) Violates or misappropriates an individual's right of publicity by using an individual’s name, likeness, or persona (a) without permission and (b) outside of a permitted context, such as non-commercial parody or public commentary; or
(xxi) In the sole judgment of Fav.AI, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Fav.AI or its users to any harm or liability of any type.
Furthermore, you agree not to do any of the following in connection with your use of the Service:
(i) Violate any requirements, procedures, policies, or regulations of networks connected to the Service;
(ii) Violate any applicable laws or regulations;
(iii) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iv) Solicit personal information from anyone under the age of 18;
(v) Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(vi) Obtain or attempt to obtain any information through any means not intentionally made available through the Service;
(vii) Rent, lease, sell, or sublicense any part of the Service;
(viii) Attempt to circumvent technological measures designed to protect the Service or technology associated with the Service; or
(ix) Reverse engineer, disassemble, decompile, decode, modify, or otherwise derive or attempt to access the source code of the Service, in whole or in part (unless a portion of the code within the Service is released as open source and the open source license governing that code expressly allows reverse engineering, copying, or other modification).
To the extent Fav.AI chooses to support voice, audio, or video features, you agree not to do any of the following in connection with your use of the Service:
(i) Submit recordings of real people (including but not limited to celebrities) without their consent;
(ii) Use Fav.AI features to engage in the impersonation of real people or the creation of "deepfakes," including but not limited to cases that constitute the generation of political misinformation, fraud or deceptive acts, defamation of third parties, or other harmful acts; or
(iii) Submit recordings that violate the “User Conduct” rules set forth above.
Content Moderation. We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates the above provisions. Such actions may include, but are not limited to, limiting the visibility of content, suspending or removing content from the Service, suspending or terminating your account, and reporting you to law enforcement.
We use automated and manual measures to identify activities that may be illegal (such as terrorist content, child sexual exploitation and abuse content), violations, and/or failure to comply with these Terms of Service and/or our Community Guidelines.
You can report content using the "Report Content" flag that appears when you click on a character. You can also report content or file other complaints using the 'Submit a Ticket' form in the Fav.AI Help Center here. We may share the information contained in your report with the user who provided the reported content to investigate whether the reported content complies with these Terms of Service and relevant laws and to provide reasons for our actions.
Content You Submit. When you submit content to the Service, you represent and warrant that you own all rights, title, and interest in such content (including but not limited to all copyrights and rights of publicity), or that you have obtained all necessary permissions, licenses, and approvals to submit such content to the Service for the uses contemplated in these Terms.
By submitting such content, you retain ownership of that content which you owned from the start. To the maximum extent permitted by law, you grant Fav.AI a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, modify, exploit, and otherwise use the content for purposes related to Fav.AI (including but not limited to operating, improving, and providing the Service) in any form, medium, or technology now known or later developed. You agree that these rights and licenses include the right for Fav.AI to allow other users of the Service to “remake” or otherwise use the content you submit. You also agree that these rights and licenses include the right for Fav.AI to make the content available and pass these rights to others with whom we have a contractual relationship, and to allow access to the content or disclose it to third parties if we determine such access is necessary or appropriate.
While we are not obligated to do so, we may access, review, edit, modify, and delete your content at any time and for any reason, including to provide and develop the Service or if we believe the content violates these Terms or applicable law.
Generated Content. When you use the Service in accordance with these Terms to create an automated AI character (a “Character”), as between you and Fav.AI, you own all rights to that Character. If you use the Service to generate any kind of content (e.g., Character responses from your Character or other Characters, other conversations, images, or videos (collectively, “Generated Content”)), as between you and Fav.AI, you own that Generated Content. In both cases, you grant Fav.AI, to the maximum extent permitted by law, a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, and otherwise exploit, commercialize, and use the Character and all Generated Content for any purpose through any format, medium, or technology now known or later developed, including but not limited to: (i) supporting other users to interact with the Character and elicit Generated Content; (ii) promoting the Service inside or outside the Service; and (iii) taking any actions specified in the “Content You Submit” section above.
Service Content, Software, and Trademarks. You acknowledge and agree that the Service may contain content or features protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. In connection with your use of the Service, you shall not engage in or use data mining, robots, scraping, or similar automated data gathering or extraction methods. If you are blocked from accessing the Service by us (including by blocking your IP address), you agree not to take any measures to bypass such blocking (e.g., by masking your IP address or using a proxy IP address), and that any future access to the Service will be made without Fav.AI’s authorization. Use of the Service or content on the Service other than as specifically authorized in these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.
The Fav.AI name and logos are trademarks of Fav.AI (collectively, the “Fav.AI Trademarks”). Other trademarks used and displayed through the Service may be trademarks of their respective owners, who may or may not endorse, be affiliated with, or be connected to Fav.AI. Nothing in these Terms or the Service should be construed as granting any license or right to use any Fav.AI Trademarks without our prior written approval in each instance. All goodwill generated from the use of Fav.AI Trademarks will inure to our exclusive benefit.
Third-Party Materials. Under no circumstances will Fav.AI be responsible for third-party content or materials, including Characters and Generated Content created by third parties. This includes, but is not limited to, intellectual property infringement, errors or omissions in content, or any loss or damage of any kind arising from the use of such content. You acknowledge that we do not pre-screen content and that AI-generated chats are inherently unpredictable and may generate inaccurate or offensive content. You agree that you must evaluate and bear all risks associated with the use of content or Generated Content. You should not rely on the accuracy or completeness of statements contained in the content or Generated Content, and if you do so, you acknowledge it is at your own risk.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse or delete any content (including Characters and Generated Content) provided through the Service. Without limiting the foregoing, we reserve the right to remove any content that, in our sole discretion, violates these Terms or is otherwise deemed offensive by us.
You acknowledge and agree that we may preserve content and metadata in accordance with applicable laws and our Privacy Policy. You acknowledge and agree that we may disclose content and/or metadata if required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms; (c) respond to claims that content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Fav.AI, its users, and the public.
Fav.AI respects the intellectual property rights of others and asks its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you can notify Fav.AI of your infringement claim according to the procedures set forth below.
DMCA Notice. Fav.AI will process and investigate notices of alleged infringement and take appropriate action under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws regarding alleged infringement. Written notification of copyright infringement claims should be mailed to:
KICKLIVE CORP.
O-608-S90, 6F, 169-16, Gasan digital 2-ro, Geumcheon-gu, Seoul, Republic of Korea
To be effective, the notification must be in writing and include the following information:
Counter-Notice. If you believe that your content was removed or disabled as a result of a DMCA notice but that the content is not infringing, you may send us a written counter-notification including the following information:
If we receive a counter-notice, we will send a copy of the counter-notice to the original complaining party informing them that we will replace the removed content or cease disabling access to it in 14 business days, unless the original complaining party notifies us that they have filed a legal action regarding the content.
Repeat Infringer Policy. In accordance with the DMCA and other applicable laws, Fav.AI has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, users who are deemed to be repeat infringers. Fav.AI may also, at its sole discretion, limit access to the Service or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service or third parties may provide links or other access to other sites and resources on the Internet or third-party applications. Fav.AI has no control over such sites, resources, or applications, and Fav.AI is not responsible for and does not endorse them. You acknowledge and agree that Fav.AI will not be responsible or liable, directly or indirectly, for any damage or loss caused by reliance on any content, events, goods, or services available on or through such sites, resources, or applications. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Fav.AI is not liable for any loss or claim you may have against such third parties.
Billing. If you purchase the Service, you must provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method for each agreed periodic renewal until you cancel. You are responsible for all applicable taxes, and we will charge taxes where required. If your payment is not completed, we may downgrade your account or suspend your access to the Service until payment is completed.
Cancellation. You can cancel your paid subscription at any time. Payments are non-refundable except where required by law. These Terms do not override local laws regarding your cancellation rights.
If you purchased a subscription from a mobile app store, you must cancel the subscription and submit refund requests through the Apple App Store or Google Play using the links below:
If you purchased a subscription through the website, follow the instructions in our Help Center.
Changes. We may change our prices from time to time. If we increase subscription prices, we will provide at least 30 days' notice, and any price increase will apply at the next renewal; if you do not agree to the price increase, you may cancel. Please note that the features and functionality of our paid services are often dynamic and subject to change at any time without prior notice.
You agree to release, indemnify, and hold Fav.AI and its affiliates and their officers, employees, directors, and agents harmless from any and all losses, damages, and expenses of any kind arising out of or in connection with your use of the Service. Without limiting the foregoing, the indemnity and release described above includes reasonable attorney’s fees, rights, claims, actions of any kind, and injury (including death) arising out of or in connection with your use of the Service.
If you are a California resident, you waive California Civil Code Section 1542, which says:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
If you are a resident of another jurisdiction, you waive any comparable statute or principle.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Fav.AI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Fav.AI MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
YOU UNDERSTAND AND AGREE THAT Fav.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Fav.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) YOUR ACCESS TO, USE, CREATION, OR INTERACTION WITH CONTENT, CHARACTERS, OR GENERATED CONTENT; (III) SHARING CONTENT, CHARACTERS, OR GENERATED CONTENT WITH THIRD PARTIES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING USERS) ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL Fav.AI’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF (I) 100 DOLLARS; OR (II) THE AMOUNT YOU PAID Fav.AI IN CONNECTION WITH YOUR USE OF THE SERVICE (IF ANY).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
THIS PROVISION APPLIES IF YOU RESIDE IN THE EUROPEAN ECONOMIC AREA.
This liability waiver does not apply to damages based on a breach of major contractual obligations or the intentional or gross negligence of us or our legal representatives or employees. If we breach a fundamental contractual obligation through slight negligence, our liability is limited to typical foreseeable damages. Liability for damages resulting from negligence to life, body, or health remains unaffected.
You agree that Fav.AI, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service. This includes, but is not limited to, for lack of use or if Fav.AI believes that you have violated or acted inconsistently with the letter or spirit of these Terms.
If you are suspended from the Service, your account is terminated, or content you created, uploaded, or shared is removed from the Service or access to it is restricted due to a violation of these Terms of Service, you have the right to bring a lawsuit for breach of contract if permitted by local law.
Fav.AI may also, in its sole discretion, at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Fav.AI may immediately deactivate or delete your account and all related information and files and/or bar any future access to such files or the Service (but is not obligated to). Termination of your account or termination of access to certain components of the Service does not terminate Fav.AI’s rights to your content. Furthermore, you agree that Fav.AI shall not be liable to you or any third party for any termination of your access to the Service.
Entire Agreement. These Terms constitute the entire agreement between you and Fav.AI and govern your use of the Service, superseding any prior agreements between you and Fav.AI regarding the Service.
Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Korea. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the Seoul Central District Court.
Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Non-Waiver of Rights. The failure of Fav.AI to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you reside in the European Economic Area, the following provision applies: The above claim expiration does not apply if the claim is based on a breach of major contractual obligations or the intentional or gross negligence of us or our legal representatives or employees. Liability for damages resulting from negligence to life, body, or health remains unaffected.
Assignment. You may not assign these Terms without the prior written consent of Fav.AI, but Fav.AI may assign or transfer these Terms, in whole or in part, without restriction.
Notice. Notices to you may be made via email or regular mail, including notices about changes to these Terms. You agree to provide Fav.AI with a current email address, monitor communications from Fav.AI periodically, and provide an updated email address to Fav.AI if you can no longer receive emails at the previously provided address. The Site may also provide notices of changes to these Terms or other matters by displaying notices or links to notices generally on the Service.
We reserve the right to change or modify portions of these Terms at any time in our sole discretion. In this case, we will post the changes on this page and indicate the date these Terms were last revised at the top of this page. Material changes will become effective at least 30 days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date such changes become effective constitutes your acceptance of the new Terms.
If you have questions about our Service or wish to report violations of these Terms, please contact us at hey.kicklive@gmail.com