Terms and Conditions

1.1 Bites is an AI-assisted content creation, direction and workflow service.

1.2 Some features are invite-only or available only to approved users.

1.3 We reserve the right to add, update, modify, suspend or withdraw any feature of the App or functionality of the Services at any time.

2.1 You represent that you are of legal age in your jurisdiction to form a binding contract, but in any event at least eighteen (18) years old.

2.2 The Services are not directed towards nor intended for use by anyone under the age of 18.

2.3 You may access and use Bites via a user account. When you are creating your account you must provide accurate account information and keep it up to date.

2.4 You agree to maintain the security and confidentiality of your account details. You agree to immediately notify Fanvibes in writing upon becoming aware of any unauthorised access or use of your account.

2.5 You are responsible for the activities that occur through your account and you must ensure that no one else accesses or uses Bites using your credentials. You will be solely responsible and liable for any losses, damages, liability, and expenses incurred by us or a third party, due to any unauthorised usage of the account by either you or any other user or third party on your behalf.

2.6 We may suspend or terminate your account if we reasonably suspect that your account is being used in a manner that violates these Terms and otherwise where necessary to protect the Service, other users, third-party rights, safety or Fanvibes' legal or commercial interests. We reserve the right to request any verification deemed necessary before restoring access to your account.

3.1 If you have entered into a separate written agreement with Fanvibes relating to your participation as an athlete, player, creator, ambassador or campaign participant, that separate written agreement will govern the ownership, licensing, exploitation, payment and approval arrangements relating to content created under that agreement.

3.2 These Terms continue to apply to your access to and use of the Services, including account access, acceptable use, prohibited conduct, platform functionality, AI features, privacy, disclaimers and liability, except to the extent expressly replaced by that separate written agreement.

3.3 In the event of any inconsistency between these Terms and a signed written agreement with Fanvibes, the signed written agreement will prevail in relation to the subject matter of that inconsistency.

4.1 For purposes of these Terms: (i) “Content” means any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, created tasks and associated information, text, files and other content or materials; and (ii) “User Content” means any Content that an Account holder (including you) provides to be made available and generated through the Services. Content includes without limitation User Content.

4.2 “Bites Content”: unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, software, workflows, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, “Bites Content”), as well as their selection and arrangement, are and at all times owned by Fanvibes and protected by copyright, and/or other intellectual property laws. Except as expressly provided in these Terms, we do not grant any express or implied rights to use Bites Content.

4.3 Subject to your agreement and compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for its intended purpose.

4.4 You must not copy, reverse engineer, extract, scrape, exploit or use Bites Content in whole or in part except as expressly permitted by us or by law.

5.1 As between you and Fanvibes, you retain ownership of the Content.

5.2 You hereby grant Fanvibes a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to host, store, reproduce, process, edit, adapt, subtitle, dub, package, display, distribute and make available the Content as reasonably necessary to: (a) provide, operate, secure and improve the Services; (b) create, return and support outputs requested or generated through the Services; (c) enable your use of Service features; (d) distribute, publish and promote content through Fanvibes channels and third-party social platforms where that forms part of the Services or the relevant workflow; and (e) analyse, evaluate and improve content direction, prompts, workflows, service quality and product performance. Bites is not intended to be used as storage, backup or archiving services. It is your responsibility to back up the Content. Fanvibes does not screen content and is not responsible for any use of the Content.

5.3 You retain the non-exclusive right to repost, publish and use Content on your own channels, websites and other personal media, and in connection with your own self-promotion, brand-building, sponsorship, endorsement and other personal commercial activities, subject to these Terms and any separate written agreement.

5.4 Nothing in these Terms transfers your broader image rights, endorsement rights, sponsorship rights or personal brand rights outside Content itself.

5.5 If Fanvibes wishes to use Content for standalone commercial exploitation, paid brand campaigns, third-party licensing or other exploitation beyond the ordinary operation of the Service, Fanvibes will do so only where permitted by these Terms, a separate written agreement, an applicable campaign brief, or your further approval.

5.6 You grant Fanvibes the right to use your Personal Rights only: (a) in and in connection with Content; (b) to operate, distribute, promote and exploit Content and the Service; and (c) to identify you as a participant or user of the Service, but not so as to imply any separate endorsement by you of Fanvibes or a third-party product or service outside that context unless separately agreed in writing.

5.7 If any Content includes material personally owned by you and created outside the Service or before these Terms, you grant Fanvibes a licence to use that material only as embedded in, or reasonably necessary to exploit, the relevant Content.

5.8 To the fullest extent permitted by law, you waive any moral rights, performer moral rights or similar rights only to the extent reasonably necessary for Fanvibes to exercise the rights granted under these Terms.

6.1 Subject to the Privacy Policy and applicable law, you agree that Fanvibes may use Content and related workflow, engagement, edit, approval, metadata, persona/context, performance and feedback information to: (a) operate the Service; (b) generate and refine prompts, recommendations, workflows and content options; (c) improve safety, quality, review and editorial tools; (d) evaluate which topics, formats and workflows perform best; (e) improve the Service, related agents, ranking logic, direction quality and product experience; and (f) support additional product functions, including reactions, comparisons, prompts and other user-facing creative experiences.

6.2 Where reasonably practicable, Fanvibes will use workflow, usage, performance and feedback information in aggregated or de-identified form for analytics, product improvement and service optimisation.

6.3 Nothing in this clause means that Fanvibes uses your content to train a general-purpose foundation model. Fanvibes uses AI-assisted and agentic workflows to operate and improve the Service.

You represent, warrant and undertake that:

7.1 you have the right and authority to enter into these Terms and to grant the rights described in them;

7.2 you will not knowingly upload or create Content that infringes any third-party rights or obligations;

7.3 Content will not knowingly be unlawful, defamatory, fraudulent, misleading or in breach of confidence;

7.4 you will comply with our Community Guidelines and any applicable platform, technical or safety requirements notified to you; and

7.5 where applicable, you will comply with relevant advertising, sponsored-content and platform disclosure requirements.

You must not:

8.1 misuse the Service, interfere with its operation or bypass its restrictions;

8.2 upload malware or harmful code;

8.3 scrape, copy or exploit the Service except as expressly permitted;

8.4 use the Service to harass, abuse, impersonate or mislead others;

8.5 use the Service to train or improve competing systems without our written permission; or

8.6 upload or submit content that you know is unsafe, infringing or otherwise impermissible.

9.1 The Service may use AI-assisted or automated features, including trend analysis, prompt generation, content-direction support, ranking, recommendations, workflow assistance and related tools.

9.2 AI-assisted outputs may be incomplete, unsuitable or inaccurate. You remain responsible for the content you create, submit, approve or publish.

9.3 We do not use the Service to make automated decisions producing legal or similarly significant effects about you.

10.1 Depending on the workflow and user type, Content may be self-directed by you, reviewed by Fanvibes, edited with your input, or handled through optional premium support services.

10.2 Fanvibes may review, edit, crop, subtitle, translate, dub, reformat, combine, cut down, package or otherwise adapt Content where relevant to the Service or the agreed workflow.

10.3 Fanvibes may moderate, remove, refuse, restrict, suspend, take down Content or accounts for legal, rights, safety, reputational, technical or commercial reasons.

10.4 Subject to your retained rights under clause 5.3, Fanvibes has sole discretion as to whether, when and how Content is distributed, promoted, monetised, licensed, sponsored or otherwise exploited on Fanvibes channels and other channels controlled by Fanvibes.

10.5 We will not knowingly use Content in a materially false, defamatory or materially misleading manner as to you.

10.6 If you reasonably believe published Content creates a material legal or serious reputational issue, you may notify us at legal@fanvibes.media and we will consider that notice promptly and in good faith.

10.7 If you believe content on or created through the Service infringes your rights or is unlawful or harmful, you may notify us at legal@fanvibes.media with reasonable detail.

11.1 There is no payment, revenue share or other compensation under these Terms unless separately agreed in writing.

11.2 Any fees, campaign terms, revenue share, bonus pools or other commercial arrangements must be set out in a separate written agreement, deal memo, campaign brief or other written commercial schedule.

11.3 Fanvibes may facilitate introductions, opportunities or activations connected with the Service or Content, including sponsorship, endorsement and other commercial opportunities, but these Terms do not, by themselves, create any fiduciary, agency or representative relationship except to the extent expressly agreed in a separate written agreement.

12.1 Our Community Guidelines form part of these Terms.

12.2 Our Privacy Policy explains how we collect and use personal data in connection with the Service.

13.1 The Service is provided on an "as available" basis.

13.2 To the fullest extent permitted by law, we do not guarantee uninterrupted availability, error-free operation, any particular engagement level, monetisation outcome, commercial result or performance uplift.

13.3 You remain responsible for using your own judgment before relying on any trend, prompt, recommendation or output.

14.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that cannot lawfully be excluded or limited.

14.2 Subject to clause 14.1, Fanvibes shall not be liable for any indirect, incidental, consequential or loss-of-profit damages.

14.3 Subject to clause 14.1, Fanvibes' aggregate liability arising out of or in connection with these Terms or the Service shall not exceed the greater of: (a) £100; and (b) the total amount paid by Fanvibes to you under any separate written arrangement in the 12 months preceding the event giving rise to the claim.

15.1 We may suspend or terminate your access to the Service immediately if you breach these Terms or if suspension or termination is reasonably necessary to protect the Service, rights-holders, users or Fanvibes.

15.2 You may stop using the Service at any time.

15.3 Termination does not affect: (a) rights already granted to Fanvibes under these Terms; (b) any accrued rights or liabilities; or (c) clauses intended to survive termination.

16.1 If you download the App through the Apple App Store, you also acknowledge any mandatory app-store terms that apply.

16.2 We may update these Terms from time to time. If changes are material, we will take reasonable steps to notify you. Continued use of the Service after the updated Terms take effect constitutes acceptance.

17.1 We may assign, transfer or novate these Terms or our rights under them to an affiliate, successor, purchaser or rights-holding vehicle.

17.2 You may not assign or transfer your rights or obligations under these Terms in whole or in part, without our written consent.

17.3 If any provision is unenforceable, the rest of these Terms remains in effect.

17.4 These Terms constitute the entire agreement between you and Fanvibes in relation to the Service.

17.5 These Terms and any non-contractual obligations arising out of or in connection with them are governed by English law, and the courts of England and Wales have exclusive jurisdiction.