Creator Agreement

Last Updated: December 24th, 2024

Effective Date: 24th December 2024

Company: Nelex, LLC, operating under the brand fanfinity.ai

Address: 1013 Centre Road, SUITE 403S, Wilmington, DE 19805

Email: info@fanfinity.ai

1. Introduction

This Creator Agreement ("Agreement") sets forth the terms and conditions under which creators ("Creators" or "You") may use the platform and services provided by Nelex, LLC ("Company," "We," or "Us") to create, develop, and manage AI Personas. By signing up for an account and using our platform and services, You agree to be bound by the terms of this Agreement.

2. Definitions

  • AI Persona: A virtual character created by the Creator using the Company's platform, which may represent the Creator or an invented virtual character that does not resemble any real individual.
  • Platform: The online tools, software, and services provided by the Company to facilitate the creation and management of AI Personas.

3. Eligibility

By entering into this Agreement, You represent and warrant that:

  • You are at least 18 years of age or the age of majority in your jurisdiction.
  • You have the legal capacity and authority to enter into this Agreement.
  • All information You provide is accurate and complete.
  • You acknowledge and consent that the Platform may be used to create explicit adult-oriented content, including but not limited to AI-generated text, voice, images, or video suitable for audiences aged 18 and over.

4. Grant of Rights

You grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, distribute, display, and perform any content You provide—including images, audio, video, text, and other materials—in connection with the operation and promotion of the Platform and your AI Persona. This includes the creation and distribution of explicit adult-oriented content if You choose to produce such content with your AI Persona.

5. Creator Responsibilities

  • Compliance with Laws: You are solely responsible for ensuring that your use of the Platform and your AI Persona complies with all applicable local, state, national, and international laws and regulations.
  • Content Standards:
    • You agree not to create or upload any content that is illegal, infringing, defamatory, obscene, harassing, or otherwise objectionable.
    • Explicit Content: If You choose to create explicit adult-oriented content, You must ensure that such content complies with all applicable laws and regulations, including those related to age verification, content restrictions, and distribution.
    • You must not create content that involves minors or any depiction of individuals who are or appear to be under the age of 18 in any type of sexual activities.
  • Intellectual Property: You represent and warrant that You own all rights or have obtained all necessary permissions for the content You provide.

6. Company's Role and Disclaimers

  • Provision of Tools: The Company provides the Platform and tools "as is" to enable You to create and manage your AI Persona.
  • No Responsibility for Content: The Company is not responsible for any content created or uploaded by You. You are solely responsible for all content and interactions involving your AI Persona.
  • Monitoring Rights: The Company reserves the right, but is not obligated, to monitor and remove any content that violates this Agreement or any applicable laws.

7. Revenue Sharing

  • Earnings: You will receive 60% of the net revenue generated from your AI character..
  • Payments: Payments are made on the first of each month upon request by contacting alex@fanfinity.ai to determine the preferred payment method. The minimum payout amount is $50.
  • Taxes: You are responsible for all taxes applicable to the payments You receive.

8. Intellectual Property Rights

  • Creator's Rights: You retain all intellectual property rights to the content You provide.
  • Company's Rights: The Company retains all intellectual property rights to the Platform, tools, and technology used to create and operate the AI Personas.

9. Data Privacy and Protection

  • Compliance: The Company will adhere to all applicable data privacy and protection laws
  • Consent: By using the Platform, You consent to the collection, use, and processing of your personal data as described in our Privacy Policy.

10. Modifications to the Agreement

The Company reserves the right to amend or modify this Agreement at any time. Any changes will be effective upon notice to You via email or through the Platform. Your continued use of the Platform after such notice constitutes your acceptance of the amended terms

11. Limitation of Liability

To the maximum extent permitted by law:

  • Indirect Damages: The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to this Agreement or your use of the Platform.
  • Total Liability: The Company's total liability for any claims under this Agreement shall not exceed the amounts paid to You in the six months preceding the claim..

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or related to:

  • Your breach of this Agreement.
  • Your violation of any laws or regulations.
  • Any content You provide or create using the Platform.

13. Term and Termination

  • Term: This Agreement is effective upon your acceptance and continues until terminated.
  • Termination by You: You may terminate this Agreement at any time by ceasing to use the Platform and providing written notice to the Company.
  • Termination by Company: The Company may terminate or suspend your access to the Platform at any time, with or without cause, and with or without notice.
  • Effects of Termination: Upon termination, all licenses granted to the Company shall continue as necessary for the Company to fulfill its obligations, but the Company may remove or disable access to any of your content on the Platform.

14. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States. Any disputes arising from this Agreement shall be resolved exclusively in the courts located in Delaware.

15. Dispute Resolution

n the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, the parties agree to first attempt in good faith to settle the dispute through mediation before commencing legal action.

16. Notices

All notices and communications shall be in writing and delivered via email to the addresses provided:

  • Company Email: info@fanfinity.ai

17. Assignment

You may not assign or transfer any of your rights or obligations under this Agreement without the prior written consent of the Company. The Company may assign its rights and obligations without restriction.

18. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law.

19. Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond their reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, and natural disasters.

20. Entire Agreement

This Agreement, along with any policies or guidelines referenced herein, constitutes the entire agreement between You and the Company concerning the subject matter and supersedes all prior agreements or understandings.

21. Acceptance

By creating an account, clicking "I Agree," or using the Platform and services provided by Nelex, LLC, You acknowledge that You have read, understood, and agree to be bound by this Creator Agreement.