Terms of Service

1. Acceptance of Terms

Sunporch AI is operated by Sunporch AI, LLC, a South Carolina limited liability company ("Sunporch AI," "the Platform," "we," "us," or "our"). By accessing or using the Platform, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform. We may update these Terms from time to time. Continued use of the Platform after changes constitutes acceptance of the revised Terms. We will notify registered users of material changes via email at least 30 days in advance.

These Terms incorporate by reference our Privacy Policy, which describes how we collect, use, and protect your information. By using the Platform, you also agree to the Privacy Policy.

Electronic Communications Consent. By creating an account, you consent to receive communications from us electronically, including by email and through notices posted on the Platform. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

2. Accounts

You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You agree to notify us immediately if you suspect unauthorized access.

Minimum age for all users. You must be at least 13 years of age to create an account or use the Platform. If you are under 18, you represent that you have the permission of a parent or legal guardian to use the Platform, and that your parent or guardian has read and agreed to these Terms on your behalf.

Minimum age for creators. Creators who earn revenue through the Platform must be at least 18 years of age. This is required by our payment processor and applicable tax reporting regulations.

3. Creator Accounts & Monetization

Creators set their own monthly subscription price. Subscribers pay this price to access the creator's subscriber-only content.

Sunporch AI charges a platform fee of 5% on each transaction. This fee is subject to change with at least 30 days' notice to creators. Payment processing fees charged by our payment processor (currently Stripe) are separate from and in addition to the platform fee. These processing fees are determined by the payment processor and are outside of Sunporch AI's control.

Creators are responsible for all applicable taxes on their earnings. Sunporch AI may issue tax forms (such as IRS Form 1099) as required by law.

Payouts are processed through Stripe Connect. Creators must maintain a valid connected Stripe account to receive payments. Sunporch AI is not responsible for delays caused by the payment processor.

4. Subscriber Payments & Refunds

Subscriptions are billed on a recurring monthly basis. Subscribers may cancel at any time, and cancellation takes effect at the end of the current billing period.

Because digital content is accessible immediately upon purchase, all subscription payments are non-refundable by default. Sunporch AI reserves the right to issue refunds at its sole discretion in cases of billing errors, fraud, or other exceptional circumstances. If you believe you are entitled to a refund, contact us at the email listed below.

Chargebacks. If you have a billing concern, please contact us first so we can resolve it directly. Filing a chargeback or payment dispute without first attempting to resolve the issue with us is a violation of these Terms. Subscribers who initiate fraudulent or abusive chargebacks may have their accounts permanently banned from the Platform, and we reserve the right to recover associated fees and pursue any other remedies available under law.

5. Content Ownership & License

Creators retain full ownership of all content they upload to Sunporch AI. The Platform does not claim any ownership rights over creator content. Creators are free to display, distribute, or monetize their content on any other platform or medium without restriction.

By uploading content to the Platform, creators grant Sunporch AI a limited, non-exclusive, royalty-free, worldwide license to host, store, reproduce, display, and distribute that content solely for the purpose of operating, promoting, and improving the Platform. This license includes the right to display previews, thumbnails, and excerpts of creator content on discovery, search, recommendation, and promotional surfaces of the Platform (such as the public creators directory). This license exists only for as long as the content remains on the Platform. When a creator deletes their content or closes their account, this license terminates, except to the extent necessary for us to retain backups for a reasonable transition period or comply with legal obligations.

Subscribers may not reproduce, redistribute, or resell any creator content accessed through the Platform without the creator's explicit written permission.

Upload Limits & Storage Quotas

Each creator account is subject to the following default storage limits:

• File storage (images, audio, documents): 5 GB per creator
• Video storage: 500 minutes of video per creator
• Individual file size limits: 100 MB per video, 50 MB per audio file, 20 MB per document, and 10 MB per image

Sunporch AI reserves the right to modify these limits at any time, with or without notice. We may, at our sole discretion, grant increased storage quotas to individual creators. Attempting to circumvent storage limits (e.g., by creating multiple accounts) is a violation of these Terms and may result in account termination.

6. AI Tool Disclosure

Sunporch AI is exclusively a platform for AI-generated content. All content posted on the Platform must be created using AI tools. Content that was not created with the assistance of AI tools is not permitted on the Platform.

Creators are required to identify the AI tools used in the creation of each post. This transparency requirement is a core principle of the Platform. Deliberately misrepresenting or omitting AI tool usage may result in content removal or account action.

7. Prohibited Content

The following content is strictly prohibited on Sunporch AI:

• Non-AI-generated content. Sunporch AI is exclusively a platform for AI-created content. Content that was not created with the assistance of AI tools is prohibited and may be removed. Repeated violations will be handled through the strike system described below.
• Pornography and sexually explicit material. This includes AI-generated sexual content of any kind.
• Deepfakes of real people. AI-generated images, videos, or audio that depict real, identifiable individuals without their explicit consent.
• Copyrighted material without permission. Content that infringes on the intellectual property rights of others, including reproducing copyrighted works without authorization.
• Illegal content. Any content that violates applicable local, state, national, or international law.
• Fraud or deception. Content created to mislead, scam, or defraud others.
• Child exploitation material. Any content that depicts or promotes the exploitation of minors, including AI-generated material. This will result in immediate permanent ban and referral to law enforcement.
• Hateful, harassing, violent, or threatening content. This includes hate speech targeting individuals or groups based on protected characteristics, harassment or bullying of other users, threats of violence, glorification of violence, gore or graphic injury, doxxing (publishing private personal information), and content that incites real-world harm.
• Spam, scams, and platform abuse. Bulk unsolicited messaging, repetitive low-quality posts, manipulation of subscriber metrics, fake engagement, impersonation of others, or any attempt to circumvent Platform fees or controls.

Sunporch AI reserves the right to remove any content that violates these rules or that we determine, in our sole discretion, is harmful to the Platform or its community. We may update these content guidelines at any time.

8. Enforcement & Strike System

Violations of these Terms, including the Prohibited Content rules above, are handled through a three-strike system:

• First violation: The content is removed and the account holder receives a formal warning via email.
• Second violation: The content is removed and the account is suspended for a period determined by Sunporch AI.
• Third violation: The account is permanently banned from the Platform.

Sunporch AI reserves the right to bypass the strike system and take immediate action, including permanent bans, for severe violations such as child exploitation material, illegal activity, or content that poses an immediate threat to safety.

Prohibited content will be removed as quickly as possible upon discovery or report. Users may report content violations using the contact information provided below.

Appeals

If you believe an enforcement action against your account or content was taken in error, you may appeal by emailing legal@sunporchai.com within 14 days of the action. Your appeal should include your account email, a description of the action being appealed, and any context or evidence you would like us to consider. We will review appeals in good faith and respond within a reasonable timeframe. Decisions on appeals are final.

9. Copyright Infringement & DMCA Policy

Sunporch AI respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that content on the Platform infringes your copyright, you may submit a DMCA takedown notice to our designated agent.

Designated Agent

Notices of claimed copyright infringement should be directed to our DMCA Designated Agent, registered with the U.S. Copyright Office:

Filing a Takedown Notice

A valid DMCA takedown notice must include:

• Identification of the copyrighted work you believe is being infringed.
• Identification of the material on the Platform that you believe is infringing, with enough detail for us to locate it.
• Your contact information (name, address, phone number, and email).
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
• Your physical or electronic signature.

Send DMCA notices to legal@sunporchai.com or by mail to the Designated Agent address listed above. Upon receiving a valid takedown notice, we will promptly remove or disable access to the allegedly infringing content.

Counter-Notification

If your content was removed and you believe it was done in error or that you have authorization to use the material, you may file a counter-notification that includes:

• Identification of the material that was removed and its location on the Platform before removal.
• A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification.
• Your name, address, and phone number.
• A statement that you consent to the jurisdiction of the federal court in your district and will accept service of process from the party who filed the original notice.
• Your physical or electronic signature.

Upon receiving a valid counter-notification, we will forward it to the original complainant. If the complainant does not file a court action within 10-14 business days, we may restore the removed content.

Repeat Infringers

Sunporch AI will terminate accounts of users who are found to be repeat copyright infringers, consistent with the strike system described above.

10. Termination

You may close your account at any time. When you delete your account, all content you have uploaded to the Platform — including posts, images, videos, audio, documents, and your profile photo — will be permanently and immediately deleted from our servers and storage systems. This action cannot be undone. Creators who close their account will receive any outstanding earned revenue, subject to the payment processor's terms and timelines.

Sunporch AI may suspend or terminate your account at any time for violation of these Terms, with or without notice depending on the severity of the violation, as described in the Enforcement section above.

Effect on active subscribers when a creator closes their account. If a creator closes their account or is banned from the Platform, their subscribers' active subscriptions to that creator will be cancelled and will not renew. Subscribers will retain access to the creator's content through the end of their current billing period to the extent technically feasible, after which access will be removed. Because digital content is delivered immediately upon purchase, subscribers are not entitled to a refund for the current billing period solely because a creator has closed their account, though Sunporch AI may issue refunds at its sole discretion.

11. Disclaimers

The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied. Sunporch AI does not warrant that the Platform will be uninterrupted, error-free, or secure.

Sunporch AI is not responsible for the content posted by creators or the quality of any AI-generated content shared on the Platform. Creators are solely responsible for the content they produce and share.

Section 230. Sunporch AI is an interactive computer service provider as defined in 47 U.S.C. § 230. We host content created by our users and do not endorse, adopt, or assume responsibility for that content. To the fullest extent permitted by law, we are not liable for any content posted by users on the Platform.

Third-party services. The Platform relies on third-party services, including (but not limited to) Stripe for payment processing, Cloudflare for content storage and delivery, and Resend for email delivery. We are not responsible for the acts, omissions, outages, or terms of service of any third-party provider, and your use of those services through the Platform may also be subject to the terms and policies of those providers.

12. Limitation of Liability

To the maximum extent permitted by law, Sunporch AI and its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, data, or profits, arising out of your use of the Platform.

Our total liability for any claim arising from or related to these Terms or the Platform shall not exceed the amount you have paid to Sunporch AI in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify and hold harmless Sunporch AI, its owners, employees, and affiliates from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of the Platform, your content, or your violation of these Terms.

14. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of laws principles. Any disputes arising from these Terms or your use of the Platform shall first be attempted to be resolved through good-faith negotiation. If a resolution cannot be reached, disputes shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Columbia, South Carolina.

Class action waiver. You and Sunporch AI agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You and Sunporch AI expressly waive the right to participate in a class action, class arbitration, private attorney general action, or any other representative proceeding.

Jury trial waiver. To the maximum extent permitted by applicable law, you and Sunporch AI each waive the right to a trial by jury for any dispute arising out of or relating to these Terms or the Platform.

30-day opt-out. You have the right to opt out of the binding arbitration and class action waiver provisions described above by sending written notice of your decision to opt out to legal@sunporchai.com within 30 days of first accepting these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out within this period, neither you nor Sunporch AI will be required to arbitrate disputes, and you will retain the right to bring claims in court. Opting out of arbitration will not affect any other provision of these Terms.

15. Modifications to the Service

Sunporch AI is under active development, and we reserve the right to add, modify, suspend, or discontinue any feature or aspect of the Platform at any time, with or without notice. We may also change pricing, fees, or limits, subject to the notice requirements described in Section 3. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Platform or any feature.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified only to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Sunporch AI regarding your use of the Platform and supersede all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter herein.

18. No Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or of our right to enforce it in the future. No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of Sunporch AI.

19. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Sunporch AI may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law. Any assignment in violation of this section is void.

20. Force Majeure

Sunporch AI shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications outages, failures of third-party services or infrastructure providers, pandemics, or power failures.

21. Export Controls & Sanctions

The Platform is operated from the United States and is subject to U.S. export control and sanctions laws. By using the Platform, you represent and warrant that (a) you are not located in, under the control of, or a national or resident of any country subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and (b) you are not on any U.S. government list of prohibited or restricted parties (including the U.S. Treasury Department's Specially Designated Nationals list). You agree to comply with all applicable export control and sanctions laws in connection with your use of the Platform.

22. Contact

For questions about these Terms, to report content violations, or to submit DMCA notices, contact us at: