Faxie Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Faxie platform and related products and services provided by Melochora LLC ("Company," "we," "us," or "our"), including our website, mobile applications, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING SECTION 17 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS HOW DISPUTES BETWEEN US ARE RESOLVED.

1. Welcome to Faxie

1.1 Introduction

These Terms of Service ("Terms") govern your access to and use of the Faxie platform and related products and services provided by Melochora LLC ("Company," "we," "us," or "our"), including our website, mobile applications, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.

1.2 About the Services

Faxie is an application that lets you create short, AI-generated videos of yourself. You provide a selfie and a recording of your voice, and we generate short (approximately five-second) videos that place your likeness in a scene and speak in your own voice. To do this, we create a voiceprint — a cloned model of your voice — from the voice recording you provide, so your videos can say lines you type but did not personally record. You can then share the finished video with anyone you choose through your device's native share features (for example, iMessage, WhatsApp, Mail, or by saving it to your photo library). The people you share with do not need a Faxie account and do not need the app.

The Services involve:

• Processing a selfie image you provide to render your appearance in a generated video
• Processing a voice recording you provide to create a voiceprint / cloned voice, which is used to generate speech in your own voice for the videos you create
• AI generation of a short video from your selfie, your voiceprint, and a scene description
• Sharing finished videos out to other apps and people through your device's native share sheet
• A referral program and a credit system used to generate videos

Our collection and use of your voice recording and voiceprint is biometric data handling, described further in our Privacy Policy and our separate Biometric Information Retention & Destruction Policy.

1.3 Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through a prominent notice on the Services at least seven (7) days before the changes take effect. Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms.

1.4 Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and protect your information.

2. Eligibility

2.1 Age Requirement

You must be at least eighteen (18) years of age to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2.2 Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Services.

2.3 Geographic Scope and U.S.-Oriented Services

The Services are designed for, and primarily directed toward, users located in the United States. Data processing, storage, and operations primarily occur in the United States, though some third-party service providers may process data in other locations.

If you access the Services from outside the United States, you do so at your own risk and are solely responsible for compliance with local laws. You acknowledge and agree that:

• Your data will be transferred to and primarily processed in the United States
• U.S. law, not the law of your jurisdiction, governs data handling and privacy
• You assume all risk of any cross-border data transfer
• Faxie makes no representations regarding compliance with laws outside the United States

3. Account Registration

3.1 Account Creation

To use certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us at hello@faxie.ai of any unauthorized use of your account or any other breach of security.

3.3 Account Responsibility

You are solely responsible for all content you submit through your account and for all activities conducted through your account. Faxie will not be liable for any loss or damage arising from your failure to protect your account credentials.

4. Description of Services

4.1 Video Generation

To create videos, you provide a selfie image and a recording of your voice, and for each video a description of (or a short line of dialogue for) the scene you want. We use your voice recording to create a voiceprint (a cloned model of your voice) and process these inputs to generate a short AI video in which your likeness appears in the described scene and speaks in your own voice — including words you type but did not personally record. Generation is performed on our servers and typically takes a few minutes.

4.2 Nature of the Generated Video

You acknowledge that the generated video is synthetic content produced by artificial intelligence. It is not a real recording of you, it may not perfectly resemble you or sound exactly like you, and it may differ from what you provided or expected. The video's speech is synthesized using a cloned model of your voice and consists of words that you may not have personally spoken. Faxie does not create a faceprint from your selfie, and we never use your selfie, voice recording, or voiceprint to identify, verify, or match you or anyone else. See our Privacy Policy and our Biometric Information Retention & Destruction Policy for details on how these inputs are handled and retained.

4.3 Sharing Your Videos

Once a video is generated, you may share it yourself using your device's native share features (for example, iMessage, WhatsApp, Mail, or by saving it to your photo library). Faxie does not deliver videos to recipients, does not choose your recipients, and does not learn who you shared a video with. When you share, your device — not Faxie — transmits the finished video file to the app and people you select. Once you share or export a video, that copy is outside Faxie's control and cannot be recalled, retrieved, or deleted by us. Shared content includes your referral link and a short caption. Your use of third-party apps to send videos is governed by those apps' own terms and privacy policies. See Section 11 for more.

4.4 Credits

Generating a video costs credits. New users receive a one-time grant of free credits at signup. Additional credits may be earned through the referral program (Section 12) or purchased through the App Store (Section 5). Credits are a license to use the generation feature; they are not money, have no cash value, are non-transferable, and are non-refundable except as required by law or as described in Section 5.4. Credits may expire or be forfeited on account termination as described in these Terms.

4.5 Service Modifications

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

5. Fees and Payment

5.1 Free Credits

New users receive a one-time grant of free credits when they first create an account. This is the only free credit grant; there is no recurring or daily free allowance. Free credits are provided at our discretion and may be changed or discontinued at any time as described in Section 5.5.

5.2 Purchasing Credits

You may purchase additional credits as a consumable in-app purchase. Credits are sold in packs (for example, a pack of credits for a fixed price shown to you at the time of purchase). Purchases are one-time; there is no subscription and no automatic renewal or auto-refill. We reserve the right to change credit pricing and pack sizes at any time with notice as described in Section 5.5.

5.3 Payment Processing

All purchases are made through Apple's In-App Purchase system. Apple, not Faxie, is the merchant of record and processes your payment. Your purchase is also subject to Apple's applicable terms and privacy policy. Faxie never receives, handles, or stores your payment card or financial account information. We receive only a confirmation from Apple that a purchase occurred, which we use to credit your account.

5.4 Refund Policy

Credits are consumable and generally non-refundable except as required by applicable law. Because purchases are processed by Apple, refund requests for in-app purchases are handled by Apple under the App Store's refund policies, and you should direct such requests to Apple. Credits that have already been used to generate videos are not refundable. If you believe you were charged in error, you may also contact us at hello@faxie.ai, but we may be unable to issue refunds for transactions processed by Apple and may direct you to Apple.

5.5 Changes to Pricing and Free Tier

We reserve the right to modify, reduce, or discontinue the free tier, promotional offers, or any pricing at any time. Changes to the free tier or promotional offers may take effect immediately. Changes to paid pricing will take effect with at least thirty (30) days' notice. Your continued use of the Services after any such changes constitutes your acceptance of the new terms. We are not obligated to provide refunds, credits, or compensation for any changes to the free tier or promotional offers.

5.6 Taxes

You are responsible for all applicable taxes associated with your use of the Services, except for taxes based on Faxie's net income.

6. User Conduct and Prohibited Uses

6.1 General Conduct

You are solely responsible for all content you submit to the Services and for your conduct while using the Services. You agree to use the Services only for lawful purposes and in accordance with these Terms.

6.2 Prohibited Content and Activities

You agree NOT to use the Services to:

(a) Professional Advice

• Provide, seek, or represent any content as professional medical, legal, financial, tax, or other licensed professional advice
• Hold yourself out as a licensed professional unless you clearly disclose that the content is AI-generated and not a substitute for professional consultation

(b) Sexual Content

• Create, share, or solicit sexually explicit, pornographic, or obscene content
• Engage in sexual harassment or sexually exploit any person

(c) Harmful Content

• Create content that promotes, glorifies, or provides instructions for self-harm, suicide, or eating disorders
• Create content that encourages violence, terrorism, or violent extremism
• Threaten, harass, bully, stalk, or intimidate any person

(d) Hate Speech

• Create content that demeans or promotes discrimination or violence based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, age, disability, or any other protected characteristic

(e) Offensive and Illegal Content

• Create defamatory, libelous, or fraudulent content
• Impersonate any person or entity or misrepresent your affiliation
• Violate any applicable law or regulation
• Infringe any intellectual property or proprietary rights of any party
• Distribute malware, viruses, or other harmful code

(f) Platform Abuse

• Interfere with or disrupt the Services or servers
• Circumvent any access restrictions or security measures
• Scrape, data mine, or use automated tools to access the Services
• Use the Services to send spam or unsolicited communications

(g) Likeness, Impersonation, and Deepfakes

• Generate, create, or share a video depicting any person other than yourself, unless that person has given you their express consent to use their likeness
• Impersonate any person or entity, or create content intended to deceive others into believing a video is a genuine, authentic recording of a real person
• Use any person's likeness to defraud, harass, defame, threaten, intimidate, or otherwise harm them or others
• Create sexual, exploitative, or abusive content depicting any real person

We have zero tolerance for misuse of another person's likeness. If we determine that you have generated or shared a video using another person's likeness without their consent, or otherwise in violation of this Section 6.2(g), we may immediately delete your account and permanently ban you from the Services, in addition to pursuing any other remedy available to us.

(h) Artificial Intelligence and Machine Learning

• Access, scrape, copy, or otherwise collect any content from the Services for the purpose of training or fine-tuning the weights of any machine learning model, large language model, generative AI system, or similar technology
• Use any automated tools, bots, or AI agents to interact with the Services except as expressly authorized by Faxie
• Reproduce, redistribute, or create derivative works from Faxie's own content or software for the purpose of developing competing services

Clarification: Faxie uses your content only to generate the videos you request and to operate the Services. Faxie does not train or fine-tune its own model weights using your content. However, the third-party providers we use to generate videos may process, retain, and/or use data processed through their services to improve their own models and services, subject to their respective terms and privacy policies. For more information, see the AI Model Training section of our Privacy Policy.

6.3 Content Moderation and No Duty to Monitor

We reserve the right, but have no obligation, to monitor, review, edit, or remove any content at any time and for any reason, including content that we determine violates these Terms or is otherwise objectionable. We may suspend or terminate your account for violations of these Terms.

Faxie has no obligation to:

• Monitor, review, or audit the videos you generate or the scenes you submit
• Correct errors or artifacts in AI-generated videos
• Prevent all objectionable or infringing content from being generated
• Verify the accuracy or lawfulness of any content

Any moderation, review, or intervention is entirely discretionary. We use automated tools to help screen content, but we do not guarantee that they will detect or block all prohibited content. The absence of moderation does not imply approval or endorsement of any content.

7. Content License Grant

7.1 Your Content

"Your Content" means all materials you submit to the Services, including your selfie image, voice recordings, scene descriptions, profile information, the videos generated from your inputs, and any other content you provide.

7.2 License Grant

By submitting Your Content to the Services, you grant Faxie a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to:

• Copy, store, process, and display Your Content as needed to operate the Services
• Create derivative works from Your Content, including generating the AI videos you request
• Use Your Content to operate, provide, maintain, and secure the Services
• Use Your Content for limited promotional purposes related to marketing the Faxie platform itself

Clarification: This license is granted solely for the purposes of operating the Services (generating and storing the videos you create) and promoting the platform. Faxie does not use Your Content to train or fine-tune its own model weights. However, the third-party providers we use to generate videos may process, retain, and/or use data processed through their services to improve their own models, as described in the AI Model Training section of our Privacy Policy. You — not Faxie — are responsible for distributing any video you choose to share or export.

Term of License; Survival: The licenses granted in this section are granted for as long as reasonably necessary to operate and provide the Services to you, and will terminate when you delete your account or the applicable content, except that the licenses may continue for a limited period and purpose to the extent necessary for (a) backup retention and technical deletion processes (up to thirty (30) days), (b) legal compliance and valid legal process, (c) fraud prevention, security, and abuse investigations, and (d) establishing, exercising, or defending legal claims. Aggregated or de-identified data that cannot reasonably be linked to you may be retained and used after deletion. Videos you have already shared or exported to third parties are outside our control and are not affected by termination of this license.

7.3 Representations

You represent and warrant that:

• You own all rights to Your Content or have obtained all necessary permissions
• Your Content does not violate any third party's rights, including intellectual property rights, privacy rights, or publicity rights
• Your Content complies with these Terms and all applicable laws

7.4 Retention of Rights; No Ownership Claim

As between you and Faxie, you retain all right, title, and interest in and to Your Content. Faxie does not claim ownership of Your Content. The licenses granted in this Section 7 do not transfer ownership; they grant only the rights necessary for Faxie to operate the Services as described.

8. Voice Cloning Consent

8.1 Consent to Clone Your Voice

To generate videos that speak in your own voice, Faxie creates a voiceprint — a cloned model of your voice — from a voice recording you provide during onboarding, and uses that voiceprint to synthesize speech in your voice. By recording your voice sample and providing the affirmative consent requested in the app, you expressly consent to Faxie collecting and processing your voice recording and creating and using a voiceprint / cloned voice from it for these purposes. Your voice recording and voiceprint are biometric data; for additional information about how we collect, use, retain, protect, and destroy them, please see the Biometric Information Notice section of our Privacy Policy and our separate Biometric Information Retention & Destruction Policy.

8.2 Nature and Scope of the Voice Clone

You understand that your cloned voice will be used to generate speech — including words you type but did not personally speak — for the videos you create. We never use your voice recording or voiceprint to identify, verify, match, authenticate, or surveil you or anyone else, or for any purpose other than providing the Services. You grant Faxie a non-exclusive, royalty-free license to use your voice recording and voiceprint solely for these purposes, and to share them with the third-party voice-cloning provider(s) that create and operate your cloned voice on our behalf.

Term of License; Survival: This license is granted for as long as your account is active and the voice feature remains available, and will terminate when you delete your account (and your voice recording and voiceprint are deleted in the ordinary course — see the Privacy Policy and Biometric Policy), except that limited retention may continue to the extent necessary for (a) backup retention and technical deletion processes (up to thirty (30) days), (b) legal compliance and valid legal process, (c) fraud prevention, security, and abuse investigations, and (d) establishing, exercising, or defending legal claims.

8.3 Understanding of the Technology

You acknowledge and understand that:

• The generated video is synthetic and may not perfectly match your natural voice, appearance, or the scene you described
• The video's speech is generated by an artificial cloned voice and may say words you did not personally record; it is not a real recording of you

9. Image and Likeness Consent

9.1 Consent to Use Your Likeness

By uploading a selfie or other image of yourself to the Services, you expressly consent to Faxie using your likeness to generate the AI videos you request.

9.2 License Grant for Likeness

You grant Faxie a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to:

• Generate videos incorporating your likeness based on your selfie and inputs
• Store and display those videos to you through the Services
• Use your likeness in connection with the operation of the Services
• Use your likeness for promotional purposes limited to marketing the Faxie platform itself

Exclusions

This license does not permit Faxie to:

• License, sell, or sublicense your likeness to third parties for advertising unrelated to the Services
• Use your likeness for standalone commercialization separate from the Services

Term of License; Survival: The licenses granted in this section are granted for as long as reasonably necessary to operate and provide the Services to you, and will terminate when you delete your account, except that the licenses may continue for a limited period and purpose to the extent necessary for (a) backup retention and technical deletion processes (up to thirty (30) days), (b) legal compliance and valid legal process, (c) fraud prevention, security, and abuse investigations, and (d) establishing, exercising, or defending legal claims. Aggregated or de-identified data that cannot reasonably be linked to you may be retained and used after deletion.

9.3 No Identification or Biometric Matching

Faxie processes your selfie solely to render your appearance in the videos you generate. We do not create a persistent faceprint or other facial biometric template from your image. We do create a voiceprint from your voice recording to clone your voice, as described in Section 8 and our Privacy Policy — but we never use your face, voice, or voiceprint to identify, verify, match, authenticate, or surveil you or any other person, whether for security, law enforcement, advertising, or any other purpose.

9.4 You May Only Depict Yourself

You represent, warrant, and agree that every video you generate depicts only you, or a person who has given you their express consent to use their likeness. You are solely responsible for obtaining any such consent. As stated in Section 6.2(g), generating or sharing a video that uses another person's likeness without consent is grounds for immediate account deletion and a permanent ban.

9.5 Right of Publicity

You waive any claims related to the right of publicity that may arise from Faxie's use of your likeness as permitted by these Terms.

10. AI-Generated Content and Disclaimers

10.1 Nature of AI Content

You acknowledge and understand that:

• Videos are generated by artificial intelligence technology
• Generated videos are synthetic and are not real recordings of you or anyone else
• AI systems are inherently unpredictable and may produce videos that are inaccurate, distorted, unexpected, or that you find unsatisfactory
• A generated video does not depict any real event, statement, or conduct of the person shown in it

10.2 No Professional Advice

THE SERVICES DO NOT PROVIDE PROFESSIONAL ADVICE. AI-generated content is for informational and entertainment purposes only and should never be relied upon as a substitute for professional medical, legal, financial, psychological, or other licensed professional advice. Always consult qualified professionals for specific advice.

10.3 Assumption of Risk

YOU USE THE SERVICES AT YOUR OWN RISK. You acknowledge that:

• AI-generated videos may be unexpected and may include content that is emotionally affecting, distressing, or disturbing
• You are solely responsible for how you interpret, use, and share any video you generate
• Faxie is not responsible for any decisions you make or actions you take based on AI-generated content

10.4 No Liability for Self-Harm

FAXIE IS NOT RESPONSIBLE FOR ANY HARM, INCLUDING SELF-HARM, THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR FROM ANY AI-GENERATED VIDEO. If you are experiencing thoughts of self-harm or suicide, please contact a mental health professional or crisis helpline immediately.

10.5 Mental Health Resources

If you are in crisis, please contact:

• National Suicide Prevention Lifeline: 988 (US)
• Crisis Text Line: Text HOME to 741741 (US)
• International Association for Suicide Prevention: iasp.info/resources/Crisis_Centres

10.6 Synthetic Content; No Real Event

A generated video is synthetic and does not depict anything the person shown actually said or did. You acknowledge and agree that:

• Generated videos are AI fabrications and may differ materially from reality
• A video does not represent a real recording, statement, event, or endorsement by the person depicted
• You must not present a generated video as an authentic recording of a real person or event
• Generated videos may contain errors, distortions, or content you did not intend

By using the Services, you waive claims against Faxie arising from any distortion, error, fabrication, or unexpected content in the videos you generate.

11. Sharing to Third Parties and Recipients

11.1 You Control Sharing

Faxie has no in-app audience for your content and does not deliver videos to anyone. You decide whether to share a generated video and, if so, choose the app and recipients using your device's native share features. When you do, your device transmits the finished video file directly to those apps and people. Faxie does not select your recipients and does not learn who received a video.

11.2 Content Leaves Our Control

Once you share or export a video, that copy is permanently outside Faxie's control. We cannot track it, retrieve it, recall it, or delete it, including after you delete the video from your account or delete your account. You are solely responsible for deciding what to generate and with whom to share it.

11.3 Third-Party Apps and Recipients

The apps you use to share videos (such as messaging, email, or social apps) and the people who receive your videos are third parties that Faxie does not control. FAXIE IS NOT RESPONSIBLE FOR THE PRACTICES OF THOSE APPS OR FOR WHAT ANY RECIPIENT DOES WITH A VIDEO YOU SHARE. Your use of third-party apps is governed by their own terms and privacy policies.

11.4 No Liability for Downstream Use

Faxie disclaims all liability for any harm, loss, or damage arising from your decision to share a video or from any recipient's use, re-sharing, alteration, or misuse of a video after it leaves the app, including but not limited to reputational, emotional, or financial harm.

12. Referral Program

12.1 How It Works

The Services include a referral program. Each account is given a personal referral link. If you share the app and another person installs it and creates a new account using your referral, you may receive additional credits, subject to the conditions below. The person you refer receives only the standard one-time signup credits that every new user receives, and no additional credits for using a referral.

12.2 Anti-Fraud Conditions

Referral credits are granted only after our review and are not guaranteed. To protect against abuse, we may verify referrals using automated checks, including a check of the referred phone number's line type (for example, to reject numbers that are not real mobile numbers). We may decline, withhold, delay, revoke, or claw back referral credits, and may suspend or terminate accounts, in cases of suspected self-referral, use of non-mobile or disposable numbers, unusual velocity, fabricated or duplicate accounts, or other abuse, as determined by us in our discretion.

12.3 Changes to the Program

The referral program is offered at our discretion. We may change, limit, suspend, or discontinue it, or change the credit amounts, at any time without notice. Referral credits have no cash value and are subject to the credit terms in Section 4.4 and Section 5.

13. Intellectual Property

13.1 Faxie Property

The Services, including all software, algorithms, designs, text, graphics, and other content provided by Faxie ("Company Content"), are owned by Faxie or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Company Content without our prior written consent.

13.2 Trademarks

"Faxie," "Melochora," and related logos are trademarks of Melochora LLC. You may not use these trademarks without our prior written permission.

13.3 Feedback

If you provide suggestions, ideas, or feedback about the Services ("Feedback"), you grant Faxie a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, modify, and incorporate the Feedback into the Services without any obligation to you.

13.4 Copyright Complaints

If you believe that content on the Services infringes your copyright, please send a notice to hello@faxie.ai containing:

• Identification of the copyrighted work
• Identification of the allegedly infringing material
• Your contact information
• A statement of good faith belief that the use is unauthorized
• A statement under penalty of perjury that your notice is accurate
• Your physical or electronic signature

Designated DMCA Agent

13.5 Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Faxie has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. Faxie may also, at its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

13.6 Counter-Notice

If you believe that content you submitted was removed or disabled as a result of mistake or misidentification, you may submit a written counter-notice to hello@faxie.ai containing the following information:

• Your physical or electronic signature
• Identification of the content that has been removed or disabled and the location at which it appeared before removal
• A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification
• Your name, address, telephone number, and email address
• A statement that you consent to the jurisdiction of the federal courts located in the Northern District of California, and that you will accept service of process from the person who provided the original infringement notification

If we receive a valid counter-notice, we will send a copy to the original complaining party. If the original complaining party does not notify us within ten (10) business days that they have filed a court action seeking to restrain the allegedly infringing activity, we may, in our discretion, restore the removed content.

13.7 Content Takedown Policy (Non-Copyright)

In addition to our DMCA procedures for copyright claims, we may remove or disable access to content that violates these Terms, including but not limited to content that:

• Constitutes harassment, bullying, or threats
• Contains hate speech or discrimination
• Doxxes or publishes personal information without consent
• Impersonates another person or entity
• Is fraudulent, deceptive, or misleading
• Otherwise violates Section 6 (User Conduct and Prohibited Uses)

Reporting Violations

To report content that violates these Terms (other than copyright infringement), please contact us at hello@faxie.ai with the subject line "Content Report" and include:

• A description of the content and its location
• The reason you believe it violates our Terms
• Your contact information

Review Process

We will review reports and, in our sole discretion, determine whether to remove or disable the content. We are not obligated to remove content based on a report, and we may request additional information. We may notify the user whose content is affected, but we are not required to do so in cases involving safety or legal concerns.

No Guarantee

We do not guarantee that we will remove any particular content or take action within any specific timeframe. Our decision to remove or not remove content is final and not subject to appeal.

13.8 Testimonials and Endorsements

If you provide a testimonial, review, case study, or endorsement about the Services (collectively, "Testimonials"), you grant Faxie a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display the Testimonial in connection with marketing and promoting the Services.

You represent and warrant that:

• Your Testimonial reflects your honest opinions, findings, beliefs, or experience
• You have the right to provide the Testimonial
• Your Testimonial does not violate any third party's rights

Faxie may use your name, likeness, and general location (city/state) in connection with your Testimonial. If you wish to have your Testimonial removed, please contact us at hello@faxie.ai.

Faxie's use of Testimonials complies with Federal Trade Commission (FTC) guidelines on endorsements. We may edit Testimonials for length or clarity, but we will not materially alter the substance of your statement.

14. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Faxie does not warrant that:

• The Services will meet your requirements
• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from the Services will be accurate or reliable
• Any errors in the Services will be corrected

15. Limitation of Liability

15.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAXIE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF FAXIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Cap on Liability

IN NO EVENT WILL FAXIE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO FAXIE IN THE SIX (6) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

15.3 Basis of the Bargain

The limitations of liability in this section reflect the allocation of risk between you and Faxie and are an essential basis of the bargain between us.

15.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, the exclusions and limitations in this section shall apply to the maximum extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Faxie, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Services
• Your Content
• Your violation of these Terms
• Your violation of any rights of any third party
• Your violation of any applicable law or regulation
• The videos you generate, share, or export
• Your use of any person's likeness, name, or voice without their consent
• Any claim that a video you generated or shared is defamatory, deceptive, infringing, or violates a person's privacy or publicity rights
• Any harm arising from a recipient's or third party's use of a video you shared

You specifically acknowledge that you bear responsibility for the videos you create and distribute, including but not limited to claims of:

• Defamation, misrepresentation, or misuse of another person's likeness
• Infringement of intellectual property, privacy, or publicity rights
• Harm caused by content you generated or chose to share

California Residents: If you are a California resident, you hereby waive California Civil Code Section 1542, which provides:

"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 doctrine to the maximum extent permitted by law.

17. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

17.0 Informal Dispute Resolution

Before initiating any arbitration or legal proceeding, you and Faxie agree to first attempt to resolve any Dispute informally. To initiate informal resolution, either party must send the other a written notice describing the nature and basis of the Dispute and the relief sought ("Dispute Notice").

For Disputes you initiate: Send your Dispute Notice to hello@faxie.ai and by mail to Melochora LLC, 2108 N ST #7813, Sacramento, CA 95816. Your notice must include your name, the email address associated with your account, a description of the Dispute, and the specific relief you seek.

For Disputes we initiate: We will send our Dispute Notice to the email address associated with your account.

The parties agree to negotiate in good faith for at least sixty (60) days after receipt of the Dispute Notice before initiating arbitration. If the Dispute is not resolved within this period, either party may proceed to arbitration as described below. The running of any statute of limitations or filing deadlines will be tolled during this informal resolution period.

17.1 Agreement to Arbitrate

You and Faxie agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") will be resolved exclusively through final and binding arbitration, rather than in court, except as otherwise provided below.

This agreement to arbitrate is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) ("FAA"). The FAA, and not state arbitration law, shall govern the interpretation and enforcement of this arbitration agreement.

17.2 Exceptions

This arbitration agreement does not apply to:

• Claims that may be brought in small claims court
• Claims for injunctive or equitable relief to protect intellectual property rights
• Users who are residents of the European Union, European Economic Area, or United Kingdom (such users may bring claims in their local courts)

17.3 Waiver of Jury Trial

BY AGREEING TO THESE TERMS, YOU AND FAXIE WAIVE THE RIGHT TO A TRIAL BY JURY.

17.4 Waiver of Class Actions

YOU AND FAXIE AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is found unenforceable, then the entirety of this arbitration agreement shall be null and void.

17.5 Arbitration Procedures

Arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration will be conducted by a single arbitrator in San Francisco, California, unless you and Faxie agree otherwise. The arbitrator's decision will be final and binding.

17.6 Costs

Each party will bear its own costs and attorneys' fees. Filing fees and arbitrator compensation will be governed by JAMS rules. If you demonstrate that arbitration costs would be prohibitive compared to litigation, Faxie will pay a reasonable portion of the filing fees.

17.7 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to hello@faxie.ai within thirty (30) days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration.

17.8 Changes to This Section

If Faxie makes any material changes to this arbitration section, you may reject such changes by providing written notice within thirty (30) days of the change.

17.9 Mass Arbitration Procedures

If twenty-five (25) or more similar arbitration demands are submitted against Faxie by the same law firm or coordinated group of law firms within a ninety (90) day period ("Mass Filing"), the following procedures apply:

(a) Batching

Arbitration demands will be processed in batches of ten (10) demands. Only one batch may be filed, processed, and adjudicated at a time. Subsequent batches may not proceed until the prior batch is resolved.

(b) Bellwether Process

The parties will select a total of ten (10) initial cases (five selected by claimants' counsel, five by Faxie) to proceed first as "bellwether" cases. The results of these bellwether cases will inform potential resolution of remaining claims.

(c) Mediation

After the bellwether cases are resolved, the parties will participate in a single mediation of all remaining claims before a mutually agreed-upon mediator. Faxie will pay the mediation fee. If the parties cannot resolve remaining claims within ninety (90) days after mediation, the batching process will continue.

(d) Fees

Arbitration fees for claims in a Mass Filing are due only when a demand is included in an active batch.

(e) Opt-Out of Arbitration

If the parties cannot agree on resolution after the mediation period, any remaining claimant or Faxie may elect to have remaining claims proceed in court rather than arbitration by providing written notice within sixty (60) days after the close of the mediation period.

18. Termination and Data Deletion

18.1 Termination by You

You may terminate your account at any time by contacting us at hello@faxie.ai or through the account settings in the Services.

18.2 Termination by Faxie

We may suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms
• Generating or sharing a video that uses another person's likeness without their consent, which will result in immediate account deletion and a permanent ban (Section 6.2(g))
• Conduct that we determine is harmful to other users or Faxie
• Fraud or abuse, including referral abuse (Section 12)
• Extended periods of inactivity (ninety (90) days or more without login or use of the Services)

18.3 Effect of Termination

Upon termination:

• Your right to use the Services will immediately cease
• We may delete your account and associated data, subject to the Data Deletion Guarantees section below
• The licenses you granted to Faxie in these Terms will survive termination only to the extent required for backup retention (up to thirty days) and legal compliance as described in the Data Deletion Guarantees section below
• The following sections of these Terms will survive termination: Content License Grant, Voice Cloning Consent, Image and Likeness Consent, AI-Generated Content and Disclaimers, Sharing to Third Parties and Recipients, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Binding Arbitration and Class Action Waiver, and General Provisions

18.4 Data Deletion Guarantees

Faxie is committed to deleting your data when you or we terminate your account or when you delete content. Upon deletion:

When you delete a video

• The video is permanently deleted from our active systems

When you delete your account

• Your selfie image, your voice recording, and the voiceprint derived from it are permanently deleted
• All videos you generated are permanently deleted from our active systems
• Your profile information is permanently deleted

Retention note (during normal use)

Your voice recording and voiceprint are retained while your account is active (re-recording replaces the prior sample) and deleted when you delete your account; your selfie is retained until you replace it or delete your account; generated videos are retained until you delete them or delete your account. See the Privacy Policy and the Biometric Information Retention & Destruction Policy for details.

Videos you have shared cannot be recalled

Deletion removes content from Faxie's systems only. Any video you shared or exported to another app or person before deletion remains outside our control and cannot be recalled or deleted by us.

Exceptions

Deletion may be delayed or limited only for:

• Legal compliance, including valid legal process, regulatory requirements, or litigation holds
• Fraud prevention or security investigations
• Backup retention for up to thirty (30) days following deletion

Irreversibility

Deletion is permanent and irreversible. Once data is deleted from our systems, it cannot be recovered.

19. General Provisions

19.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions.

Notwithstanding any mandatory consumer protection or data protection laws of your jurisdiction, you agree that California law governs your use of the Services and these Terms to the maximum extent permitted by law. Any claim that California law cannot govern shall be resolved under California law, except where expressly prohibited by the mandatory laws of your jurisdiction.

19.2 Jurisdiction

For any disputes not subject to arbitration, you and Faxie consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

19.3 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Faxie regarding the Services and supersede all prior agreements.

19.4 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

19.5 Waiver

Faxie's failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

19.6 Assignment

You may not assign these Terms without Faxie's prior written consent. Faxie may assign these Terms without restriction.

19.7 Consent to Electronic Communications

By creating an account or using the Services, you consent to receive electronic communications from Faxie, including SMS text messages for phone verification (one-time passcodes), push notifications (for example, when your video is ready or has failed), in-app notifications, email, and other electronic messages. Message and data rates may apply to SMS. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may withdraw consent to receive certain communications through your device settings or by deleting your account, but this may affect your ability to use the Services.

19.8 Notices

We may provide notices to you via email to the address associated with your account or through the Services. You may provide notices to us at hello@faxie.ai or by mail to:

19.9 Export Controls

You agree to comply with all applicable export control laws and regulations.

19.10 Force Majeure

Faxie will not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet outages.

19.11 Time Limitation on Claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19.12 International Users; No GDPR Compliance

Faxie operates exclusively from the United States and does not represent compliance with the General Data Protection Regulation (GDPR), UK GDPR, EU consumer protection directives, or any other non-U.S. data protection or consumer protection law.

If you access the Services from the European Union, European Economic Area, United Kingdom, or any other jurisdiction outside the United States:

• You acknowledge that Faxie does not comply with GDPR, UK GDPR, or EU consumer protection laws
• Your data will be processed in the United States under U.S. legal standards
• You use the Services at your own risk
• To the maximum extent permitted by law, you waive claims based on EU or other foreign data protection or consumer laws
• You assume all risk associated with cross-border data transfer and processing

This section does not prohibit users from any jurisdiction from accessing the Services. However, users from jurisdictions with laws that materially conflict with these Terms should carefully evaluate whether the Services are appropriate for them.

19.13 Accessibility

Faxie is committed to making the Services accessible to all users, including individuals with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards and to comply with applicable accessibility laws, including the Americans with Disabilities Act (ADA).

Our Efforts Include

• Designing interfaces with accessibility in mind
• Providing keyboard navigation support
• Maintaining sufficient color contrast
• Supporting screen reader compatibility where feasible
• Ongoing review and improvement of accessibility features

Feedback and Assistance

If you experience any difficulty accessing any part of the Services, or if you have suggestions for improving accessibility, please contact us at hello@faxie.ai with the subject line "Accessibility." We welcome your feedback and will work to address accessibility concerns in a timely manner.

Limitations

Due to the nature of AI video generation and media capture (camera and microphone), certain features of the Services may present inherent accessibility challenges. We are committed to exploring solutions and providing alternative means of access where possible.

19.14 Enterprise and Business Agreements

These Terms apply to individual users of the Services. Enterprise customers, business entities, and organizations that wish to use the Services under different terms may enter into a separate written agreement with Faxie. If you have entered into a separate enterprise or business agreement with us, that agreement governs your use of the Services to the extent it conflicts with these Terms. For inquiries about enterprise agreements, please contact us at hello@faxie.ai.

20. Abuse Reporting and Takedown Policy

Faxie is a platform for creating short AI videos of yourself. Using it to create or share a video of another real person without their consent — or to engage in any of the other conduct prohibited in Section 6 — is a serious violation of these Terms. This Section explains what is prohibited, how to report a violation, how quickly we respond, and what we do about it. It supplements (and does not replace) the copyright procedures in Sections 13.4–13.6 and the non-copyright takedown procedures in Section 13.7.

20.1 What Is Prohibited

The following are strictly prohibited and may result in immediate removal of content and termination of your account (see Section 6.2 for the complete list):

• Non-consensual likeness. Generating or sharing a video depicting any person other than yourself, unless that person has given you their express consent to use their likeness (Section 6.2(g), Section 9.4). Using someone else's face — a celebrity, a public figure, an acquaintance, an ex, or any other real person — without their consent is not permitted.
• Impersonation and deception. Creating content intended to make others believe a video is a genuine, authentic recording of a real person, or otherwise impersonating a person or entity.
• Sexual, exploitative, or abusive content depicting any real person, and any content that harasses, threatens, defames, or intimidates a person.
• Any other content or conduct prohibited by Section 6.2 (User Conduct and Prohibited Uses).

We have zero tolerance for the misuse of another person's likeness.

20.2 How to Report

If you believe a video or other content created with Faxie violates these Terms — including a video that uses your likeness, or the likeness of someone else, without consent — you can report it to us in either of the following ways:

• Email: Send a report to hello@faxie.ai with the subject line "Abuse Report."
• In the app: Use the in-app reporting option in Settings.

To help us act quickly, please include, to the extent you can: a description of the content and where it appeared or how it was shared; the reason you believe it violates these Terms; whether the content depicts you or another person without consent; and your contact information so we can follow up. You do not need a Faxie account to submit a report.

20.3 Our Response

We take reports of non-consensual likeness and other serious safety violations seriously and handle them on a priority basis. We aim to review reports of this kind within twenty-four (24) hours of receipt and to act on confirmed violations promptly. Other reports are reviewed as soon as reasonably practicable. These review times are good-faith targets that may vary with report volume and complexity; they are not a contractual guarantee.

When we determine that content violates these Terms, we may — at our discretion and without prior notice — take one or more of the following actions:

• Remove or disable access to the offending content on our systems
• Suspend, restrict, or permanently terminate the account responsible
• Permanently ban the responsible user from creating a new account (Section 6.2(g), Section 18.2)
• Preserve information and cooperate with law enforcement or other authorities where appropriate or legally required

Important limitation on our reach: Faxie can remove content only from its own systems. As explained in Section 11, once a video has been shared or exported from the app, that copy is outside our control and cannot be recalled, retrieved, or deleted by us — even after we remove it from our systems, terminate the responsible account, or ban the user. If you believe a shared video harms you, you may also need to contact the platform where it appears or pursue other legal remedies.

20.4 Good-Faith Reports

Reports must be made in good faith. Submitting knowingly false or bad-faith reports, or using the reporting process to harass another user, is itself a violation of these Terms and may result in action against your account.

21. Contact Us

If you have any questions about these Terms or the Services, please contact us at:

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