Site Terms of Service

Last Updated: December 11, 2023

1. Overview

This Site Terms of Service Agreement (“Terms”) governs your use of the Dubbles® platform, including our website (dubbles.ai), mobile application, and services we provide through it (collectively, the website and services referred to as our “Site”). “You” refers to you as a user of the Site.

These Terms apply to all users of, including visitors to, our Site. Use of our Site is also subject to our current Acceptable Use Policy and Community Guidelines. Your use of our Site as a Dubbled User (defined below) is governed by the Dubble Terms of Service (“DubbleTerms”).

Note: The Site is not intended for use by individuals or businesses in the European Economic Area.

Important: PLEASE READ THESE TERMS CAREFULLY. By using our Site or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Site.

ARBITRATION NOTICE: Section 11 of these Terms contains provisions governing how claims that you and Dubbles have against each other are resolved, including any claims that arose or were asserted prior to the “Last Updated” date at the top of these Terms. It contains an arbitration agreement that will, with limited exceptions, require disputes between you and Dubbles to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement as described in Section 11: (1) you may pursue claims and seek relief against us only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you waive your right to seek relief in a court of law and to have a jury trial on your claims.


2. Dubbles Videos

Through our Site, you may obtain personalized and AI-generated videos (“Dubbles Videos”) from individuals, including athletes, actors, performers, artists, influencers, and others (each, a “Dubbled User”). You may submit a request for a Dubbles Video that is personalized for you or a third-party that you identify as a recipient (“Recipient”).

You acknowledge and agree that the Site has sole discretion to determine how to fulfill your request and the content of the Dubbles Video created, and may not follow your request exactly. We reserve the right to reject any request in our sole discretion. The Site has up to seven days or longer (at our sole discretion) to fulfill or decline your request. If such a request is not fulfilled within the described timeframe, Dubbles may in its sole discretion either to issue a refund or credit for the entire booking. Refunds or credits associated with such bookings will be handled as described in Fees and Payment.

Licensing: Dubbles Videos are licensed, not sold. You are buying the right (or license) to use it, not the actual Dubbles Video itself.

Rights Granted: Subject to your payment in full, the Site hereby grants to you the following limited rights to use the Dubbles Video solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that Dubbles Video, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised.

Restrictions: You may not sell, resell, commercialize, or encumber your rights in any Dubble Offering, except as agreed by Dubbles in advance in writing. You may sublicense your rights in a Dubbles Video only to the extent necessary for you to use the Dubbles Video as permitted under these Terms (for example, sending it to a Recipient for personal, non-commercial, and non-promotional purposes as set forth above).

Compliance: You may use a Dubbles Video only in accordance with these Terms. We may terminate all or part of the foregoing licenses at any time for any reason. We reserve the right to remove a Dubbles Video from our Site at any time for any reason without any notice to you.


3. Acknowledgements

By using Dubbles, you agree that:

  • Dubbles is not liable for any content you request or submit;
  • You have no privacy expectations for any content requested or submitted, and will not infringe others' privacy rights;
  • You must keep the watermark on all Dubbles Videos unaltered;
  • If you violate these Terms, your access and rights to use Dubbles Videos will be revoked, requiring you to delete all copies and inform any recipients to do the same;
  • Dubbles may reject any requests and, upon repeated rejections, may terminate your access, remove your account, and take further actions as deemed appropriate, including revoking your rights to use any content under these Terms.

Eligibility

  • Age Requirement: You must be at least 13 years old, or the legal age in your country to form a contract, to use the Site.
  • The Site must not be used for promoting or soliciting contributions for political campaigns, parties, or associated entities.

Representations and Warranties

You affirm that:

  • You're not restricted by law or us from accessing our Site.
  • You'll adhere to all terms set by our chosen third-party payment providers and aren't on their prohibited lists.
  • Your account has never been banned or removed from our Site.
  • You are not a convicted sex offender.

Export Control

  • You cannot use, export, import, or transfer our Site unlawfully, only as permitted by U.S. and applicable local laws.
  • Our Site cannot be exported or re-exported to countries embargoed by the U.S. or to anyone on U.S. government lists of banned or restricted parties.
  • You must not be in a U.S. embargoed country or on U.S. government lists of prohibited parties.
  • You agree not to use the Site for illegal purposes and comply with U.S. export laws regarding the transfer of products and technology.

4. Fees and Payment

Fees

The fee for a Dubbles Video or other offering is specified on the User’s booking page on our Site when you make your request. You agree to pay all due amounts according to the payment terms at the time you submit your request or purchase merchandise, including any service, transaction, or processing fees.

Currency

Transactions are in U.S. dollars (USD). You're responsible for any fees or expenses from your payment card provider or payment processor for settling the transaction in USD. Dubbles may settle transactions in other currencies occasionally to reduce currency conversion fees.

Payment

Request a Dubbles Video with a valid payment card through our third-party payment provider. Provide valid payment information to the provider. Dubbles doesn't control the payment provider; their terms and privacy policy govern your use. Immediately notify them of any billing information changes. No returns, exchanges, or refunds for Dubbles Videos.

  • iOS App: Charges occur at booking or purchase. If a request is canceled or unfulfilled, you receive a credit (USD only). For refunds, request via Apple in the App for iOS. Purchases not supported in certain countries will be canceled with no refund.

  • Android App: Charges occur at booking or purchase. Canceled or unfulfilled requests are refunded to your payment instrument.

  • Website: By providing payment information, you agree Dubbles may place a pre-authorization hold and, upon fulfillment, charge all amounts due without further notice or consent. Credits in your Dubbles account can be used for purchases on the App or Website but are not refundable or transferable.

  • Tips: Optional tips for a Dubbles Video or other offerings are non-refundable.

Dubbles may cancel requests if payment is declined or if you've been banned from the Site. Dubbles reserves the right to change fees, payment procedures, and terms.

Payment Questions

For purchase inquiries or billing disputes, contact hello@dubbles.com. Dubbles has sole discretion to resolve billing disputes.

Taxes

If a purchase requires Dubbles to collect Sales Tax, it will be added to your purchase fee. You're responsible for unpaid Sales Taxes to the appropriate tax authority and must indemnify Dubbles for any related liabilities or expenses. Upon request, provide documentation to Dubbles for Sales Tax payments.


5. Copyright and Intellectual Property Policy

Digital Millennium Copyright Act Notice

Dubbles responds to notices of alleged copyright infringement and terminates access to our site for repeat infringers. To report copyright infringement, please provide the following to our Copyright Agent:

  • Your address, telephone number, and email address;
  • A description of the work you claim is being infringed;
  • A description of the infringing material and its location;
  • A statement of good faith belief that the material's use is not authorized;
  • An electronic or physical signature of the copyright owner or their agent;
  • A statement under penalty of perjury that the provided information is accurate and that you are the copyright owner or are authorized to act on their behalf.

Copyright Agent

Dubbles legal-help@dubbles.com

Notices not meeting these requirements may be invalid. Only send notices of alleged copyright infringement to our Copyright Agent.

Termination Policy

Repeat infringers may have their access to the site terminated, be removed or banned, and face other actions at Dubbles' discretion.


6. Site Terms

PLEASE READ THE FOLLOWING CAREFULLY. By using the product or service, you agree to the applicable additional terms that apply. These Additional Terms will be governed by, and are incorporated into, the Site Terms. Terms that are defined in the Site Terms will have the same meaning in these Additional Terms.

From time to time, we may change these Additional Terms. If we do, we will give you notice by posting them on our Site and updating the “Last Updated” date. The revised Additional Terms will be effective immediately. By using or continuing to use this product or service, you represent and warrant that you have read, understand, and agree to these Additional Terms.


7.Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Site, you agree to our Privacy Policy.


8. Site changes

You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you.


9. Termination

You may cancel your Site account at any time by contacting a member of the Dubbles team at hello@dubbles.com. We reserve the right to terminate access to our Site to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our Site automatically terminates.


10. Idemnifications

You agree to indemnify, defend, and hold harmless Dubbles and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, vendors, and licensors (each, a “Dubbles Party,” and collectively, “Dubbles Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to:

  • (a) these Terms; or
  • (b) use of our Site.

Dubbles may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.

Disclaimers and Limitations on Liability

  • You acknowledge that using our Site is at your risk and it's provided "as is." Dubbles disclaims all warranties to the extent allowed by law, including but not limited to, merchantability, fitness for a particular purpose, and non-infringement. Dubbles won't be liable for any damages arising from your use of the Site or its content.
  • In particular, Dubbles makes no representations or warranties about the accuracy or completeness of content available on or through our Site or the content of any social media platform or third-party website linked to or integrated with our Site. You acknowledge and agree that the Dubbles will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through our Site.
  • You acknowledge and agree that Dubbles does not guarantee the accuracy or completeness of its Site content or any linked sites. We're not liable for errors in content, personal injury, data loss, interruptions, or any harm due to viruses or harmful content transmitted through our Site. You're solely responsible for any damages from downloading or using materials from our Site, including Dubbles videos. No advice from us creates any warranty not explicitly stated by us.
  • You acknowledge and agree that using our Site exposes you to various content sources, and Dubbles is not responsible for their content's accuracy or legality. You may encounter offensive or harmful content and waive any rights against Dubbles regarding such content.
  • To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by Dubbles from you during the 12 months preceding the claim giving rise to such liability.
  • You acknowledge and agree that in no event will Dubbles be liable for indirect damages or losses beyond the fees paid by you to Dubbles in the 12 months before the claim. Some jurisdictions may not allow these limitations, so they may not apply to you, and you may have additional rights.

These limitations are fundamental to the agreement between Dubbles and you.


11. Arbitration Agreement and Waiver of Certain Rights

You and Dubbles agree to resolve any disputes through binding and final arbitration, instead of court proceedings. Both parties waive the right to a jury trial for any dispute relating to these Terms or our Site. Claims will be arbitrated according to the American Arbitration Association (AAA) Rules by a single arbitrator. The arbitrator's written decision will be final, including reasons for the decision, and enforceable in any competent court. The arbitration process will remain confidential, with details not disclosed outside of the arbitration, except as required by law or governmental regulations.

Costs and Fees

If the costs of arbitration are prohibitively expensive compared to litigation, Dubbles will cover the necessary administrative costs and arbitrator's fees to prevent prohibitive expenses. The final award may include an apportionment of arbitration costs and arbitrator compensation as deemed appropriate by the arbitrator.

No Preclusions

This agreement does not prevent either party from seeking action by federal, state, or local government agencies. Both parties can bring qualifying Claims in small claims court and seek provisional relief from any competent court without this being considered a waiver of the right to arbitrate.

Restrictions on Class Actions

Parties agree not to act as a class representative or private attorney general, nor participate in a class of claimants. Arbitration cannot proceed on a class or representative basis, with the arbitrator only deciding individual Claims.

Severability and Waiver

If any part of this section is invalid or unenforceable, it will be modified or severed, maintaining the section's remainder in full effect. No waiver is effective unless in writing. Waivers do not affect other provisions. This section survives the termination of your relationship with Dubbles.

30-Day Opt-Out Right

You can opt out of this Arbitration Agreement within 30 days of becoming subject to it by sending written notice to Dubbles, including your name, address, usernames, email addresses used with Dubbles, and a statement of intent to opt out. Other parts of these Terms will still apply. Opting out of this Arbitration Agreement does not affect other arbitration agreements with Dubbles.

Limitations

This section limits certain rights, including court actions, jury trials, class or representative claims, discovery (except as allowed in AAA rules), and certain remedies and relief. Rights available in court may not be available in arbitration.


12. Ownership

We or our licensors own all right, title, and interest in and to:

  • (i) our Site and the “look and feel” of our Site, including all software, ideas, processes, data, text, media, and other content available on our Site (individually, and collectively, “Dubbles Content”); and
  • (ii) our trademarks, logos, and brand elements (“Marks”).

Our Site, Dubbles Content, and Marks are each protected under U.S. and international laws. You may not duplicate, copy, sell, resell, commercialize, or reuse any portion of the Dubbles Content, Marks, HTML/CSS, JavaScript, visual design elements, or concepts without our prior express written consent.

You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, and create derivative works (for example, translations, adaptations, compilations, excerpts, or modifications) of the following for the purposes of operating and providing our Site, developing and improving our products and services, and advertising, marketing, and promoting our Site and our products and services:

  • (i) any request (video, text, audio, or otherwise) that you make or send through the platform, including information concerning any Recipient; and
  • (ii) any submission that you make to Dubbles, whether through our Site, a social media platform, third-party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, customer service request, review, photo, video, email, text, audio, post, or other communication, whether relating to you, or a third party (i) and (ii) each, individually, and collectively, a “Submission”.

You will not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. Dubbles will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you, a Recipient, or a third party.

We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Site. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in our sole discretion for violation of these Terms.

Dubbles desires to avoid the possibility of future misunderstandings if a project developed by any Dubbles Party may seem similar to your Submission. If your Submission consists of any idea, suggestion, proposal, plan, or other material related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that Dubbles has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to Dubbles a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.

You hereby waive any and all moral rights or “droit moral” that you may have in any Submission, including Feedback, and you represent and warrant that no third party has any moral, “droit moral,” or other rights in Submission, including Feedback.


13. Other Provisions

Force Majeure

Under no circumstances will any Dubbles Party be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), epidemics, natural disasters, unavoidable accidents, internet and communication service interruptions, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any Dubbles Party.

Choice of Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms or our Site will be filed only in the state or federal courts located in Chicago, Illinois. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.

No Waiver or Amendment

The failure by Dubbles to enforce any right or provision of these Terms will not prevent Dubbles from enforcing such right or provision in the future and will not be deemed to modify these Terms.

Assignment

Dubbles may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.

Miscellaneous

The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.