Terms of Service.
Last Updated: November 4, 2026
Welcome to TTS.fish, a software platform accessible at https://www.tts.fish(and related domains, apps, overlays, and APIs) that enables live streamers and other creators to receive paid text-to-speech (“TTS”) messages and paid viewer-triggered actions (including “Fishtoys”) (the “Service”). The Service is owned and operated by Fishnet, Inc. (“Fishnet”, “Company”, “we”, “us”, or “our”), a Delaware corporation. Please read these Terms of Service (these “Terms” or this “Agreement”) carefully before using the Service. We refer to anyone who uses the Service, even just to browse, as a “User”.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION, WHICH WILL REQUIRE YOU TO SUBMIT ANY CLAIMS YOU MAY HAVE AGAINST FISHNET TO BINDING AND FINAL ARBITRATION. IN ADDITION, UNDER THE ARBITRATION PROVISION, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FISHNET ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE SECTION REGARDING ARBITRATION.
1. Introduction
The Terms constitute a legally binding contract between you and Fishnet and its subsidiaries, so please read them and our Privacy Policy, which is available at https://www.tts.fish/privacy, and other terms referenced herein carefully. If you have any questions about its meaning you should consult with an attorney before using our Service.
PLEASE CAREFULLY READ THE FOLLOWING TERMS. YOU WILL BE DEEMED TO HAVE CONSENTED TO THE TERMS BY USING THE SERVICE IN ANY WAY, EVEN JUST BROWSING. WE MAY ALSO ASK YOU TO INDICATE YOUR CONSENT MORE FORMALLY BY CHECKING A BOX OR BY TAKING AN AFFIRMATIVE ACTION WITHIN THE SERVICE. THE SERVICE IS OFFERED SUBJECT TO ACCEPTANCE OF ALL THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS AND ALL OTHER OPERATING RULES, POLICIES, AND PROCEDURES WE MAY PUBLISH ON THE SERVICE, WHICH ARE INCORPORATED BY REFERENCE. THESE TERMS SHALL CONTINUE TO APPLY EVEN IF YOU ARE NO LONGER A USER. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICE. ALSO, IF YOU ARE UNDER THE AGE OF 18 YOU MAY NOT USE THE SERVICE IN ANY WAY.
YOU AGREE THAT FISHNET MAY MAKE CHANGES TO THE SERVICE AT ANY TIME WITHOUT NOTICE, AND CAN REVISE THESE TERMS AT ANY TIME. WE WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SERVICE AND/OR DISCLOSE NEW TERMS ELSEWHERE ON THE SERVICE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
USERS AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT THEY ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF FISHNET, INCLUDING, WITHOUT LIMITATION, BY INAPPROPRIATELY USING ANY INTELLECTUAL PROPERTY OF FISHNET. USERS ACT EXCLUSIVELY ON THEIR OWN BEHALF AND FOR THEIR OWN BENEFIT, AND NOT ON BEHALF OF FISHNET.
THE SERVICE IS A SOFTWARE PLATFORM THAT FACILITATES PAYMENTS, MESSAGE QUEUES, TEXT-TO-SPEECH GENERATION, AND RELATED TOOLS FOR LIVE STREAMING AND OTHER CREATOR USES. FISHNET DOES NOT OPERATE YOUR LIVE STREAM, DOES NOT CONTROL WHAT YOU SAY OR DO ON CAMERA, AND IS NOT A PARTY TO THE RELATIONSHIP BETWEEN CREATORS AND THEIR AUDIENCES EXCEPT AS A PAYMENTS AND TECHNOLOGY INTERMEDIARY DESCRIBED IN THESE TERMS. FISHNET MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SAFETY, OR MORALITY OF ANY USER CONTENT OR CREATOR CONDUCT. FISHNET HAS NO CONTROL OVER THE CONDUCT OF USERS AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. USERS ACCESS AND USE THE SERVICE AT THEIR OWN RISK.
2. Roles on the Service
The Service involves several types of Users:
- Creators are Users who create an Account to receive paid TTS messages and/or offer Fishtoys, configure pricing and moderation, connect a Stripe account for payouts, and operate playback (browser, desktop app, OBS source, or similar).
- Viewers(also called buyers or senders) are Users who use a Creator’s public link, QR code, or checkout page to pay for a TTS message or Fishtoy. Viewers may use the Service without creating an Account.
- Other Users may browse marketing pages or otherwise access the Service without sending payments or receiving payouts.
These Terms apply to all Users. Additional obligations apply to Creators and Viewers as described below.
3. Eligibility
The Service is not available to persons under the age of 18, nor to any users previously removed or banned from the Service by Fishnet or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction. Where the age of majority is higher than 18 in your jurisdiction, you must meet that higher age.
BY USING THE SERVICE, YOU EXPRESSLY REPRESENT AND WARRANT THAT: (A) YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN YOUR JURISDICTION, IF HIGHER) AND ARE LEGALLY ENTITLED TO ENTER THIS BINDING AGREEMENT; AND (B) YOU ARE NOT CURRENTLY RESTRICTED OR BANNED FROM THE SERVICE OR NOT OTHERWISE PROHIBITED FROM HAVING AN ACCOUNT (AS DEFINED BELOW) ON THE SERVICE. If you reside in a jurisdiction which restricts the use of the Service because of age or restricts the ability to enter agreements such as this one due to age, you must abide by such age limits and you must not use the Service.
The 18+ requirement applies to all Users of the Service, including Creators, Viewers who purchase TTS messages or Fishtoys, and anyone who creates an Account. This standard is used because the Service involves paid transactions, third-party payment processing (including Stripe Connect for Creator payouts), user-generated content that may be played publicly, and commercial relationships that generally require legal capacity of majority age. Creators who connect a payout account must also satisfy the payment processor’s identity and eligibility requirements.
Creators further represent that they will not encourage or knowingly permit under-18 individuals to use the Service to send paid messages or purchase Fishtoys directed at them, and that their use of the Service complies with the terms of any third-party streaming platform they use (including Twitch, Kick, YouTube, X, Rumble, or others).
4. Account Registration
4.1 Creator Accounts
To receive payouts and operate as a Creator, you must register an Account with an email address, username, and password, or via a supported third-party identity provider (for example Google, Discord, Twitch, or Kick) (“Account”). As a condition of using certain aspects of the Service, you may be required to provide additional personal information (including, but not limited to, your address, tax information, date of birth, phone number, and other information that will allow us or our payment processors to identify you), complete Stripe Connect onboarding, and agree to additional disclaimers. To register for an Account, you must be at least 18 years old (or the age of majority in your jurisdiction, if higher), as set out in Section 3. If you know a User is under the age of 18, please report them to us at [email protected].
You hereby represent and affirm that all information provided is true, accurate, current, and complete. You agree to update such information, as needed and as soon as possible, to keep it accurate, complete and up-to-date. Providing false information to create an account may result in suspension and/or termination of your Account, and/or civil and/or criminal legal action against you. Fishnet reserves the right in its sole discretion to refuse registration of an Account for any reason and at any time.
You are responsible for maintaining the confidentiality of your Account credentials and for any activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.
4.2 Viewers Without Accounts
Viewers may purchase TTS messages or Fishtoys through a Creator’s public checkout without creating an Account. By completing a purchase, the Viewer agrees to these Terms and our Privacy Policy to the extent applicable, including payment, content, prohibited conduct, and dispute provisions.
4.3 Third-Party Applications
You acknowledge that the Service may interoperate or be integrated with third-party applications and services (“Third-Party Applications”), including without limitation Stripe, ElevenLabs or other voice providers, OAuth identity providers, hosting and CDN providers, and streaming platforms, to make available content, products, features, and/or services to you, and that some parts of the Service provided may be dependent on the availability of such Third-Party Applications. These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Fishnet does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Applications or for any transaction you may enter into with the provider of any such Third-Party Applications.
4.4 Removal/Suspension of Your Account
With or Without Cause.
We reserve the right to remove and/or suspend your Account at any time without notice, with or without cause (“Removal”). We further reserve the right to modify or discontinue, either temporarily or permanently, any portions or all of the Service at any time with or without notice.
Inappropriate Use.
You must not use the Service for any unlawful purpose. Any unauthorized use of the Service is strictly prohibited. You agree, at all times and to the extent permitted by applicable law, that you will not:
- Use or access the Service in any way that violates any applicable United States federal, state, or local law, rule, or regulation (including, without limitation, any intellectual property laws or privacy laws or laws regarding sanctions, money laundering, and/or exports to and from the United States or other countries)
- Interfere with or disrupt the Service or the operation of Fishnet.
- Try to reverse engineer, disassemble, decompile, decipher, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service.
- Navigate or search the Service with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents or spiders) other than as needed to interact with the Service for the purposes set forth in this Agreement.
- Use the Service in a way that could impair, overburden, damage or disable any portion of the Service.
- Attempt to gain unauthorized access, or permit unauthorized access, to the Service or any feature of the Service or any of our related systems or networks, or bypass any measures we take to restrict access to the Service or related systems or networks.
- Mirror any material contained on the Service.
- Substantially replicate products or services offered by Fishnet in an impersonating manner, including by republishing Fishnet content or creating a separate publishing platform that falsely suggests affiliation with TTS.fish or Fishnet.
- Modify, translate, or otherwise create derivative works of any part of the Service.
- Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive from these Terms.
- Defame, harass, abuse, threaten, or defraud Fishnet, any other User, or any third party.
- Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
- Transmit materials that contain any viruses or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Seek to obtain access to any materials or information through “hacking,” “data harvesting,” or through other means we have not intentionally made available to you through the Service.
- Use the Service to solicit, facilitate, or process payments for illegal goods or services, child sexual exploitation material, scams, or other prohibited categories described in these Terms or in Stripe or other payment-network rules.
Survival
Upon any removal, termination, discontinuation, suspension, or cancellation of your Account, the provisions in these Terms which, by their nature, should survive termination or expiration of this Agreement, will survive, including (without limitation) the sections entitled: Content; Intellectual Property; Payments; Warranty Disclaimers; Indemnification; Limitation of Liability; Applicable Law and Dispute Resolution; General Terms; and this section on Survival.
5. The Service: TTS, Fishtoys, Playback, and Pricing
5.1 Creator Tools
Subject to these Terms, Creators may use the Service to: (a) claim a public profile URL and QR code; (b) set prices (including by voice, message length, or other configuration we make available); (c) configure voices, including third-party AI voice providers and Creator-supplied voice identifiers where supported; (d) define blocklists, cooldowns, length limits, and manual or automatic approval settings; (e) offer Fishtoys or similar paid actions with Creator-defined names, prices, and descriptions; (f) play queued audio and actions through browser playback, a desktop application, OBS or other broadcast tools, or other playback methods we offer; and (g) receive payouts via Stripe Connect or another payment processor we designate.
5.2 Viewer Purchases
Viewers may pay to send a TTS message or purchase a Fishtoy through the Creator’s checkout. Payment is processed by Stripe (or another processor we designate). Depending on product configuration, payment may be authorized and later captured when a message is played or a Fishtoy is marked complete, or handled under another payment flow we disclose at checkout. If a Creator rejects, skips, or otherwise does not complete an eligible item under the then-current product rules, the Viewer may not be charged (or an authorization may be released) as implemented in the Service at that time. Fishnet does not guarantee any particular timing of authorizations, captures, refunds, or payouts, which depend on Stripe rules, Creator actions, fraud checks, and network availability.
5.3 Platform Fees and Creator Pricing
Fishnet charges the platform fee shown on the Service. Stripe payment-processing fees also apply and may be deducted from the Creator’s balance. Viewers pay the price shown at checkout. Costs arising from refunds, chargebacks, and payment disputes are handled as described in Section 5.6, and currency conversion on payouts is governed by Stripe’s terms. Creators set their own list prices for messages, voices, and Fishtoys within any limits we impose. Fishnet may change platform fees, limits, or fee structures upon notice by posting updates on the Service or by email to Creators; continued use after the effective date constitutes acceptance.
There is no mandatory monthly subscription fee for standard Creator use of the Service as of the Last Updated date, unless we introduce optional paid plans and you elect to purchase them. Optional paid features, if any, will be described at the time of purchase.
5.4 Payouts
Creator payouts are made through Stripe Connect (or a successor processor). Payout timing, eligibility for instant or accelerated payouts, holds, reserves, and currency support are determined by Stripe and by the Creator’s connected account status, country, and risk profile. Fishnet does not guarantee “instant” settlement to a bank account. Creators are solely responsible for completing identity verification, tax forms, and any other requirements imposed by Stripe or law.
5.5 Creator Responsibilities
Creators are solely responsible for:
- The legality, safety, and appropriateness of their stream, Fishtoy catalog, pricing, moderation settings, and on-camera conduct;
- Complying with applicable tax, employment, and reporting obligations for income received through the Service;
- Ensuring they have all rights needed for any custom voice IDs, audio, images, or branding they upload or configure (including rights to use a person’s voice or likeness);
- Moderating TTS messages and Fishtoy orders as they choose, including rejecting or skipping content;
- Not using the Service to harm minors, facilitate crime, or violate third-party platform rules; and
- Any promises, refunds, or customer service they offer to their Viewers beyond what the Service automatically implements.
5.6 Refunds, Chargebacks, and Payment Disputes
Payment outcomes depend on product state (for example whether a message was played or a Fishtoy completed), fraud systems, Creator actions, and Stripe. Where the Service provides an automated non-charge for skipped or rejected items, that flow is the primary remedy for Viewers in those cases. Otherwise, purchases may be final to the extent permitted by law and payment-network rules. Fishnet may, in its sole discretion, issue or facilitate refunds, reverse captures, or take other actions to manage fraud, abuse, or disputes.
Creators agree that chargebacks, disputes, and related fees may be assessed by Stripe against the Creator’s connected account or otherwise allocated in accordance with Stripe’s terms and our risk policies. Excessive chargebacks or fraud may result in suspension of payouts or termination of the Account.
YOU ACKNOWLEDGE THAT FISHNET IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON EXCEPT AS REQUIRED BY LAW OR AS WE ELECT IN OUR DISCRETION, AND THAT FISHNET IS NOT LIABLE FOR CREATOR CONDUCT, FAILED STREAMS, OR VIEWER DISSATISFACTION WITH A CREATOR’S PERFORMANCE.
6. Content
6.1 Definitions
- “Content” means text, graphics, images, music, software, audio, video, live streams, reviews, code, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service.
- “User Content” means any Content that Users (including Creators and Viewers) provide, upload, submit, configure, or generate through the Service, including without limitation TTS message text, sender names, Fishtoy titles and descriptions, profile information, custom sounds, voice labels, and related metadata. AI-generated speech audio produced from User-supplied text or settings is treated as User Content for purposes of responsibility and licensing as between Users and Fishnet, without limiting third-party voice-provider rights.
- “Fishnet Content” means any Content provided by Fishnet that is not User Content.
6.2 User Content
Removal of User Content
Although we have no obligation to review, screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, block, screen or edit User Content posted or stored on the Service at any time and for any reason, without any liability to the User. Further, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. You hereby waive any right with respect to such removal and hold us harmless as to any retention of User Content.
License to Us
By making any User Content available through use of the Service, you grant to us a non-exclusive, worldwide, royalty-free, fully-paid up, sublicensable, transferable license to use, host, copy, process, modify (for technical formatting, moderation, or safety), transmit, display, perform, and distribute the User Content as needed to operate, improve, secure, and promote the Service (including generating TTS audio via third-party providers, delivering queues to Creators, and preventing fraud). This license continues for as long as reasonably necessary to provide the Service and for archival, legal, and security purposes. No compensation will be paid to you for any such use beyond amounts you may earn as a Creator under Section 5.
Responsibility for User Content
You are solely responsible for all of your User Content. You represent and warrant that you own all of your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that your User Content, your use, and provision of your User Content to be made available through the Service, and any use of your User Content by us will not infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy (including voice rights), or result in the violation of any applicable law or regulation.
Without limiting the foregoing: Creators who supply custom voice IDs or clone-related settings represent they have all necessary rights and consents to use those voices on the Service. Viewers who submit message text represent they have the right to submit that text for synthesis and public playback by the Creator.
No Pre-Screening of Content
Fishnet is not responsible for screening, policing, editing, or monitoring your or another User’s Content and encourages all Users to use reasonable discretion and caution. Creators are primarily responsible for moderating their queues. Except as provided above with respect to Fishnet’s right to delete or remove Content, Fishnet does not endorse any opinion or information provided by Users and does not make any representation with respect to the accuracy, completeness, timeliness, or reliability of any User Content. Authors of User Content are solely responsible for such Content.
Compliance with Subpoenas and Legal Requests
We will comply with all county, state, and federal court subpoenas and government subpoenas related to the production of records from use of the Service, including all User Content. By utilizing the Service, you hereby give us the right to produce any and all messages or User Content of any kind produced by you to county, state, and federal courts and/or government officials in response to a subpoena or other court order.
6.3 Fishnet Content
Subject to Section 7 “Intellectual Property” and to your compliance with these Terms, Fishnet grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Fishnet Content in connection with your permitted use of the Service.
7. Intellectual Property
We respect the intellectual property of others, and we ask you to do the same. Fishnet owns and operates the Service. All Fishnet Content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, taglines, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology and all intellectual property of any kind whatever and the selection and arrangement thereof (collectively, “Fishnet Materials”) are owned exclusively by Fishnet or the licensors or suppliers of Fishnet and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Nothing on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Fishnet Materials displayed on the Service without our prior written permission in each instance. You may not use, copy, display, distribute, modify, or reproduce any of Fishnet Materials found on the Service unless in accordance with this Agreement or with our prior written authorization. Fishnet prohibits use of any of Fishnet Materials as part of a link to or from the Service unless establishment of such a link is approved in writing by us in advance. All rights related to Fishnet Materials are hereby reserved.
You have no interest in any of this intellectual property, other than the right (which we may terminate or suspend) to use the Service in accordance with these Terms. You shall not duplicate, publish, display, distribute, modify, create derivative works from, or exploit our intellectual property in any way, except as otherwise provided herein.
Except as authorized in this Agreement, you agree that Fishnet Materials may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise, without the express prior written consent of Fishnet. You acknowledge that Fishnet Materials are and shall remain the property of Fishnet. You may not modify, participate in the sale or transfer of, or create derivative works based on any Fishnet Materials in whole or in part. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge. Fishnet has adopted a policy of, in appropriate circumstances, terminating Accounts that are repeat infringers of the intellectual property rights of others. Fishnet also may terminate Accounts even based on a single infringement.
Without limiting the foregoing, you may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the Service’s playback clients, overlays, desktop applications, payment flows, or any digital rights management, security, or access control measure, including by circumventing queue, moderation, or payment logic.
8. Copyright Infringement Reporting
We respect the intellectual property of others, and we ask you to do the same. If you (or any User of our Service) believe your copyright rights have been infringed on our Service, the copyright(s) owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
- Identification of the copyrights(s) claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
- Identification of the material that is claimed to be infringing the Complaining Party’s copyrights(s) that is to be removed and information reasonably sufficient to permit us to locate such materials;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyrights that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), Fishnet’s Designated Agent for notice of claims of copyrights infringement can be contacted at the addresses below.
Designated Agent for Claimed Infringement:
Fishnet, Inc.
E-mail address: [email protected]
Mailing address: 999 Main Street, Suite 701, Pawtucket, RI 02860
You acknowledge, accept, and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Service without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. Please note that this procedure is exclusively for notifying Fishnet and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. Allegations that other intellectual property rights are being infringed should be sent to [email protected]. Fishnet may, in its sole discretion, terminate the accounts of those who are accused of copyright infringement or other intellectual property rights.
9. Submissions
By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to us, you acknowledge and agree that we shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
10. User Conduct and Prohibited Content
YOU AGREE TO USE THE SERVICE ONLY FOR LAWFUL PURPOSES AND IN ACCORDANCE WITH THESE TERMS. YOU AGREE NOT TO ENGAGE IN ANY CONDUCT THAT IS HARMFUL, HARASSING, DEFAMATORY, OBSCENE, FRAUDULENT, OR OTHERWISE UNLAWFUL, OR THAT INFRINGES UPON THE RIGHTS OF OTHERS, INCLUDING THEIR INTELLECTUAL PROPERTY RIGHTS.
Without limiting the foregoing, Users must not use the Service to create, request, transmit, or monetize content that: involves sexual content involving minors or any exploitation of children; promotes terrorism or extreme violence; constitutes hate speech directed at a protected class as defined by applicable law; facilitates scams, fraud, or illegal gambling (except where expressly permitted by law and our policies); infringes copyrights or other IP; or violates payment-network or Stripe prohibited-business lists. Creators must not offer Fishtoys that require illegal acts, non-consensual intimate acts, or serious physical harm.
11. Termination
You may terminate your license to use the Service and this Agreement at your discretion at any time by deleting your Account (for Creators) or by ceasing use (for Viewers). To the fullest extent permitted by applicable law, we reserve the right, without notice and in our sole discretion, to stop providing the Service (or any features) to you or to users generally, to terminate this Agreement with you, to terminate your license to use the Service (including to post User Content), and to block or prevent your future access to and use of the Service for any reason, including without limitation if: (a) your use of the Service violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Service; or (c) we are unable to continue providing the Service to you due to technical or legitimate business reasons. Our right to terminate our services, this Agreement, and your license includes the ability to terminate or to suspend your access to any purchased products, services, or payouts. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Service, (ii) any term of these Terms of Service, (iii) any policy or practice of Fishnet in operating the Service, or (iv) any content or information transmitted through the Service, is to terminate your account (if any) and to discontinue use of any and all parts of the Service.
12. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
Without limiting the preceding paragraph, Fishnet, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; (d) TTS audio, voice quality, latency, or playback will meet your requirements or those of any streaming platform; or (e) payouts, authorizations, or captures will occur on any particular schedule. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
13. Limitation of Liability
YOUR USE OF THE SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL FISHNET, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE, THESE TERMS, ANY PURCHASE ON THE SERVICE, INCLUDING THE PURCHASE OR USE OF, OR INABILITY TO USE, TTS MESSAGES, FISHTOYS, PAYOUTS, OR RELATED FEATURES (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (C) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (I) THE PLATFORM FEES ACTUALLY RETAINED BY FISHNET FROM TRANSACTIONS INVOLVING YOU DURING THE 6-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH ACTION OR CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
YOU ACKNOWLEDGE AND AGREE THAT FISHNET OFFERS THE SERVICE, FISHNET CONTENT, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FISHNET, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FISHNET. FISHNET WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
14. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FISHNET, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, AND AGENTS FROM ANY LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS’ AND EXPERTS’ FEES AND COSTS, THAT ARISE FROM OR RELATE TO YOUR USE OR MISUSE OF, OR ACCESS TO, THE SERVICE AND CONTENT (INCLUDING TTS TEXT, VOICES, AND FISHTOYS), OR OTHERWISE FROM YOUR VIOLATION OF THE TERMS, OR INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR FROM CHARGEBACKS, TAX CLAIMS, OR DISPUTES BETWEEN CREATORS AND VIEWERS. Fishnet reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you based on a third-party claim and, in such case, you agree to cooperate with Fishnet in the defense of such matter.
15. Applicable Law and Dispute Resolution
15.1 Governing Law
These Terms shall be governed by, construed and entered in accordance with the laws of the State of Rhode Island applicable to contracts deemed to be made within such state, without regard to choice of law or conflict of law provisions thereof.
15.2 Claims
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FISHNET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TTS.FISH SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15.3 Dispute Resolution
In the event of any claim, controversy or alleged dispute between you and Fishnet, its members or affiliates (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least thirty (30) days before instituting any legal proceeding. Each party agrees to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with your attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding pursuant to the rules of the American Arbitration Association (“AAA”) to be held in the State of Rhode Island before one arbitrator to be selected by the AAA. Any such arbitration may only be commenced within one year after the party requesting arbitration obtains knowledge of the cause of action forming the basis of the controversy or claim accrued. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
In any arbitration and subject to the ultimate discretion of the presiding arbitrator, each side will be limited to a maximum of one (1) day of argument (including rebuttal), and the parties agree in good faith to minimize discovery burdens (e.g. confine the scope to actual areas in dispute and limit the topics and number of pages on which information is requested to matters directly relevant). The decision(s) of the arbitrator shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except upon claim of fraud or corruption as by law provided, provided, however, that implementation of such decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any such appeal. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof. You agree that all Disputes will be limited between you, individually, and Fishnet. TO THE FULL EXTENT ALLOWABLE BY LAW, YOU AGREE THAT NO ARBITRATION PROCEEDING OR OTHER DISPUTE RESOLUTION PROCEEDING SHALL BE JOINED WITH ANY OTHER PARTY OR DECIDED ON A CLASS-ACTION BASIS.
Notwithstanding the foregoing, you agree that the following matters shall not, at the election of Fishnet, be subject to binding arbitration: (1) any Disputes concerning Fishnet’s intellectual property rights; and (2) any claim for injunctive relief. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within the Providence County, Rhode Island. Each party hereby waives any claim that such venue is improper or inconvenient.
16. General Terms
16.1 Modifications of these Terms
Fishnet may amend any of the terms of these Terms by posting the amended terms and updating the “Last Updated” date above. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the terms.
16.2 Entire Agreement
This Agreement constitutes the entire and exclusive understanding and agreement between us and you regarding use of the Service, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between us and you regarding such use.
16.3 Severability
If for any reason a court of competent jurisdiction or arbitrator finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible by the court or arbitrator and the other provisions of this Agreement will remain in full force and effect.
16.4 Assignment
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and void. We may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
16.5 Notice
Any notices or other communications provided by us under this Agreement, including those regarding modifications to this Agreement, will be given: (i) via e-mail, or by posting on the Service; and (ii) when available, via in-app notifications. For notices made by e-mail and in-app notification, the date of receipt will be deemed the date on which such notice is transmitted. For notices posted on the Service, the date of posting shall be the date of transmittal. All communications and notices to be made or given pursuant to these Terms must be in the English language.
16.6 Waiver
Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
16.7 Force Majeure
Fishnet and its affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, earthquake, storms or other elements of nature, pandemic or epidemic, blockages, embargoes, riots or other civil unrest, acts or orders of government, acts of terrorism, war, telecommunication breakdowns, power outages or shortages, failures of third-party payment, voice, or CDN providers, or any other force, event or condition outside of our control.
16.8 Headings
Section titles in these Terms are for convenience only and have no legal or contractual effect.
16.9 Electronic Communications
By using the Service, you consent to receiving electronic communications (e.g., e-mail) from us or our affiliates. These communications will include notices about your Account (if any) and information concerning or related to the Service. These communications are part of your relationship with us. You agree that any notice, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.
16.10 Relationship to Other Fishnet Products
TTS.fish is a product of Fishnet, Inc. These Terms govern TTS.fish only. Other Fishnet products or websites (including fishtank.live) may have separate terms. Use of those products is subject to their own agreements.
16.11 Contact Information
If you have any questions about these Terms or the Service, please contact us at [email protected]. Mailing address: Fishnet, Inc., 999 Main Street, Suite 701, Pawtucket, RI 02860.