Terms of Service
Last Updated: January 6th 2025
Please read this Terms of Use agreement (these "Terms of Use") carefully. This website and its subdomains (collectively, the "Website"), the information on the Website, any company mobile application ("App"), and the services and resources available or enabled via the Website or the App (each a "Service" and collectively, the "Services"), are controlled by The Base Holding Company d/b/a Channel AI ("Channel", "we" or "our"). These Terms of Use, along with all supplemental terms that may be presented to you for your review and acceptance (collectively, the "Agreement"), govern your access to and use of the Services.
By completing the registration process, browsing the Website, downloading or using the App, or otherwise accessing or using any of the Services, you represent that (a) you have read, understand, and agree to be bound by the Agreement, (b) you are at least eighteen (18) years old and of legal age to form a binding contract with Channel, and (c) you have the authority to enter into the Agreement personally or on behalf of the legal entity identified during your Account registration process, and to bind that legal entity to the Agreement.
USE OF THE SERVICES
About Channel
The Services revolve around a platform designed to facilitate the creation and exploration of AI models and AI-generated media. Users of the Services ("Users") may be able to generate images ("Generated Images") based on such Users' input ("Prompts") through use of the Services, as well as upload, share, and discover custom machine learning models ("Models") to generate art or media.
Access to the Services
Subject to your compliance with the Agreement, Channel grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for lawful purposes.
App License
Subject to your compliance with the Agreement, Channel grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the App and to run such copy of the App solely for your own personal or internal business purposes.
Certain Restrictions
The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit any portion of the Services; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other parts of the Services (including images, text, page layout, or form); (c) you shall not use any metatags or other "hidden text" using Channel's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law.
RESPONSIBILITY FOR CONTENT
Types of Content
You acknowledge that all Models, Prompts, Generated Images, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and other materials accessible through the Services (collectively, "Content") is the sole responsibility of the party from whom such Content originated.
No Obligation to Pre-Screen Content
You acknowledge that Channel has no obligation to pre-screen User Content, although Channel reserves the right in its sole discretion to pre-screen or refuse any User Content.
Content Moderation
Channel does not control and does not have any obligation to monitor: (a) User Content; (b) any Content made available by third parties; or (c) the use of the Service by its Users. Notwithstanding the foregoing, by entering into the Agreement, you hereby provide your irrevocable consent to Channel's monitoring of Your Content.
Prohibited Content
Channel may block, filter, mute, remove, or disable access to any User Content uploaded to or transmitted through the Service without any liability to the User who posted such User Content to the Services or to any other Users. Channel has no tolerance for objectionable content or abusive users.
USER CONDUCT
Acceptable Use Policy
As a condition of use, you agree not to use any of the Services for any purpose that is prohibited by this Agreement or by applicable law. You shall not take any action or make available any Content on or through the Services that: (i) infringes, misappropriates, or otherwise violates any intellectual property right, right of publicity, right of privacy, or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or obscene.
OWNERSHIP
Services
Except with respect to Your Content and other User Content, you agree that Channel and its suppliers own all rights, title, and interest in the Services (including but not limited to, any computer code, themes, objects, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and software).
Trademarks
Channel's name and all related stylizations, graphics, logos, service marks, and trade names used on or in connection with any Services are the trademarks of Channel and may not be used without permission in connection with your, or any third-party, products, or services.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
It is Channel's policy to terminate Account privileges of any Registered User who repeatedly infringes copyright upon prompt notification to Channel by the copyright owner or the copyright owner's legal agent.
THIRD-PARTY SERVICES
Third-Party Services and Linked Websites
Channel may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your Account on the Service with an account on the third-party service, or through our implementation of third-party buttons (such as "like" or "share" buttons).
USAGE FEES
If you sign up for a paid tier or feature of the Services, you will be charged for, and agree to pay, usage fees as set forth in the Channel Pricing Table (the "Pricing Table") based on the payment package you select and your usage of the Services (the "Fees").
REFUND POLICY
Subscriptions
All subscription purchases are final and non-refundable, except as expressly set forth in this section or as required by applicable law. You may cancel your subscription at any time through your Account settings. Upon cancellation, your subscription will remain active until the end of the current billing period, after which it will not renew. No partial or prorated refunds will be issued for any unused portion of a billing period.
One-Time Purchases and Energy Packs
All one-time purchases, including purchases of energy, credits, or similar consumable units ("Energy"), are final and non-refundable once the transaction is complete. Energy that has been used or consumed in whole or in part is not eligible for a refund under any circumstances.
Exceptions
Channel may, in its sole discretion, issue a refund or credit in the following circumstances: (a) a verifiable technical failure of the Services prevented you from receiving the purchased service or Energy, and you report the issue to us within seven (7) days of the transaction; (b) you were charged in error (for example, duplicate charges for the same transaction); or (c) as otherwise required by applicable law. Refund requests must be submitted by contacting us at support@channel.surf within fourteen (14) days of the original transaction date, unless a shorter period is specified above. Requests made after this period may be denied at Channel's discretion.
Chargebacks
If you initiate a chargeback or payment dispute with your payment provider instead of contacting Channel directly, Channel reserves the right to immediately suspend or terminate your Account and revoke access to any Energy, Content, or Services associated with the disputed transaction. We encourage you to reach out to our support team before initiating a chargeback so that we can attempt to resolve any billing concerns.
Modifications
Channel reserves the right to modify this refund policy at any time. Any changes will be effective upon posting of the updated Terms of Use. Your continued use of the Services after such changes constitutes your acceptance of the updated refund policy.
TERM AND TERMINATION
Term
The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Agreement.
INDEMNIFICATION
You agree to indemnify and hold Channel, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "Channel Party" and collectively, the "Channel Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of any Service in violation of the Agreement; (c) your violation of any rights of another party, including any Users; or (d) your violation of any applicable laws, rules, or regulations.
DISCLAIMER OF WARRANTIES AND CONDITIONS
As Is
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS.
LIMITATION OF LIABILITY
Disclaimer of Certain Damages
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE CHANNEL PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
ARBITRATION AGREEMENT
Please read this Section carefully. It is part of your contract with Channel and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION.
CONTACT US
If you have any questions about these Terms of Service, please contact us at support@channel.surf