Last Updated: 2025-02-28
Welcome to Fondant.gg, provided by Fondant, Inc. (a Delaware C-Corp). By downloading, accessing, or using our VTuber avatar creation tools and streaming app (via desktop or web), you agree to these Terms and Conditions. If you do not agree, please do not use Fondant. We may update these Terms occasionally and will notify you of major changes. Continuing to use Fondant after an update means you accept the new Terms.
Minimum Age: You must be at least 13 years old (or the minimum digital consent age in your country) to use Fondant. If you are between 13 and 18 (or the age of legal majority in your region), you should use Fondant under the permission and supervision of a parent or legal guardian. By allowing a minor to use Fondant, the parent/guardian agrees to these Terms and is responsible for the minor’s activity. Fondant is not intended for children under 13, and we do not knowingly allow them to use the service.
Account Registration: To access most features, you may need to create an account with a valid email and password. You agree to provide accurate, up-to-date information about yourself. Keep your login credentials confidential and secure. You are responsible for all activities under your account. If you suspect unauthorized use of your account, notify us immediately. You may not impersonate others or create multiple accounts without permission.
You agree to use Fondant for lawful purposes only and in accordance with these Terms. This means you will not use our app or services to:
We reserve the right to suspend or ban users who engage in these prohibited activities. If you violate these rules or any other part of these Terms, we may terminate your access to Fondant at our discretion.
Your Content is Yours: Fondant allows you to create or upload content (such as avatar designs, images, recordings, or other media) to our servers. You retain ownership of the content you create and upload to Fondant. We will not publicly share or display your content without your permission. By default, anything you create or upload is private to you.
License to Operate the Service: By using Fondant and uploading or creating content, you grant us a license to use, store, and process your content solely for the purpose of operating and improving the service. This means, for example, we may save your avatars on our servers and back them up, or process your data to enable app features. We will not use your content for any other purpose (like marketing or AI training) without your explicit consent.
Your Responsibilities for Content: You are solely responsible for the content you create or upload. Make sure you have the necessary rights to use any assets in your content and that it doesn’t violate any laws or these Terms. Fondant is not liable for user-generated content, and we do not actively monitor everything uploaded. However, if we become aware of content that violates these Terms or is illegal, we may remove it or suspend the account in question.
Sharing Your Content: If you choose to share or stream content created with Fondant (for example, live-streaming your avatar on a platform or publishing an avatar design), you are responsible for that decision. Fondant won’t share your private content with others unless you take an action to make it public (such as using a sharing feature or giving us permission).
Our Content: Except for your own content, all materials provided through Fondant (including the software code, application design, logos, trademarks, graphics, and any pre-made assets or characters we supply) are owned by Fondant, Inc. or our licensors and are protected by intellectual property laws. Using Fondant does not grant you ownership of any of our intellectual property. You agree not to copy, distribute, modify, or create derivative works from our content without our permission.
License to Use Fondant: We grant you a limited, non-exclusive, non-transferable license to use the Fondant application and tools for their intended purpose. This means you can create avatars and stream with our app for personal or professional use, but you cannot resell our software or use it for any unlawful purpose. If you follow these Terms, you can use Fondant; if you break them, we can revoke this license.
Feedback: We appreciate feedback and ideas. If you submit suggestions or feedback to us, you agree that we can use them to improve Fondant or develop new features without any obligation to compensate you.
Free Service (For Now): Fondant is currently free to use. There are no fees for the basic tools and features at this time. However, in the future we may offer paid features, subscriptions, or in-app purchases to enhance your experience (for example, premium avatar assets or advanced streaming tools).
Future Paid Plans: If you choose to subscribe to a premium tier or buy something within Fondant in the future, you will be told clearly what you need to pay (e.g., monthly subscription price or one-time purchase cost) and what you’ll get. By making a purchase, you agree to pay the applicable fees and any taxes and to abide by any additional terms for those services. All charges for paid services will be processed through a secure third-party payment processor (for example, Stripe). This means we do not directly handle your credit card information – our payment partner will manage the transaction. You must provide accurate payment information and keep it up to date.
No Refunds: Unless required by law or stated otherwise, payments are non-refundable. If, for example, Fondant introduces a subscription and you cancel halfway through a billing period, you would typically continue to have access for the remainder of that period but would not receive a refund for that current period. We will always comply with applicable consumer protection laws regarding refunds.
Changes to Pricing: As we grow, we may change our pricing or introduce new charges for certain features. If we do, we will let you know in advance (for instance, via app notifications or email) so you can review the changes. If you continue to use the paid features after the new prices take effect, that will serve as your agreement to the new pricing.
Your privacy is important to us. By using Fondant, you agree to the collection and use of your information as outlined in our Privacy Policy (see below). In summary, Fondant will collect certain data (like your email, usage stats, and if applicable, payment info) to operate the service, and we handle this data in accordance with best practices and applicable laws.
We do not sell your personal information to third parties. We use third-party services only to help run Fondant – for example, using a third-party for payment processing, email delivery, or analytics. Those service providers are bound to protect your data and will only use it for the purposes we specify (such as processing a payment). By using Fondant, you also agree to abide by any relevant third-party terms – for instance, if you make a payment, the payment processor’s terms will apply to that transaction.
If you ever have questions about how we handle privacy, or if you want to exercise any data rights, please refer to the Privacy Policy below or contact us.
Fondant is provided to you on an “as is” and “as available” basis. While we strive to provide a great service, we cannot guarantee that Fondant will be perfect. We make no warranties or guarantees that the app will always be available, uninterrupted, secure, or error-free, or that it will meet your specific needs. To the fullest extent allowed by law, we disclaim any and all warranties (express or implied) about Fondant, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In short, using Fondant is at your own risk. For example, if the app is down temporarily, or if a feature does not work as expected, we are not promising to compensate you for any inconvenience or losses that may result. However, we do value our users and will do our best to address any issues that arise.
Under no circumstances will Fondant, Inc. or its directors, employees, partners, or affiliates be liable for any indirect, incidental, special, consequential, or exemplary damages resulting from your use of Fondant. This includes things like loss of profits, loss of data, or damage to your equipment, even if we have been advised of the possibility of such damages.
Our liability to you for any claims arising out of the use of Fondant is limited to the amount you have paid us (if any) for the service in the last twelve months, or the minimum amount permitted by law. If you have paid nothing (for a free account), then our liability is limited to $0, to the extent permitted by law.
Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you. But in general, if something goes wrong, we will do what we can to help, but we are not financially responsible for unforeseen damages or losses.
You agree that if your actions or content cause harm to anyone or result in a legal claim against Fondant, you will be responsible for the consequences. In legal terms, you agree to indemnify and hold harmless Fondant, Inc. and its officers and staff from any claims, losses, and expenses (including reasonable attorneys’ fees) that arise from your use of Fondant, your violation of these Terms, or your infringement of anyone’s rights.
For example, if you upload content that you don’t have rights to and the rightful owner takes legal action against Fondant, you agree that you will cover our costs and damages in that situation. We hope that never happens, so please use Fondant responsibly and respect others’ rights.
You’re free to stop using Fondant at any time. Similarly, we reserve the right to suspend or terminate your access to Fondant at any time if necessary. We might do this if you violate these Terms, if we are required by law to shut down an account, or if there are technical or security issues. In most cases, we will provide a warning or explain the reason for termination, but we are not obligated to give notice before suspending or terminating an account.
If your account is terminated (by you or by us), you may lose access to content or data associated with your account. We recommend that you keep backups of any content you care about. Upon termination, these Terms will cease to apply, but sections that by their nature should survive (such as content ownership, indemnification, disclaimers, and liability limits) will remain in effect.
Except for small claims court cases, claims related to intellectual property infringement, or where specifically prohibited by law, you and Fondant, Inc. agree to resolve any disputes through final and binding arbitration, instead of in courts of general jurisdiction.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this agreement. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration may be conducted in person, through document submission, by phone, or online. The arbitrator may award the same damages and relief as a court would (including injunctive relief), and must follow the terms in this agreement as a court would.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. For claims totaling less than $10,000, Fondant will reimburse you for your filing fee and your share of the arbitration costs, including your share of the arbitrator's fees, unless the arbitrator determines your claims are frivolous. For claims totaling more than $10,000, the payment of all AAA filing, administration, and arbitrator fees will be governed by the AAA Rules.
YOU AND FONDANT, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if you and Fondant, Inc. agree to arbitrate, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
You have the right to opt out of this agreement to arbitrate by notifying us in writing within 30 days of accepting these Terms. To opt out, you must send a written notice to support@fondant.gg with the subject line "Arbitration Opt-Out" that includes your name, email address associated with your Fondant account, and a clear statement that you are opting out of this arbitration agreement. Opting out will not affect any other aspect of these Terms.
Notwithstanding the above, either party may bring an individual action in small claims court. Additionally, claims of intellectual property infringement or violation may be brought in any court having jurisdiction. This arbitration agreement doesn't prevent you from bringing issues to the attention of federal, state, or local agencies.
This Arbitration section shall survive any termination of your account or these Terms.
If Fondant, Inc. makes any future change to this arbitration provision (other than a change to the address for sending an opt-out notice), you may reject the change by sending us written notice within 30 days of the change to support@fondant.gg with the subject "Arbitration Provision Rejection." By rejecting the change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as it exists at the time you first accepted these Terms.
These Terms and your use of Fondant are governed by the laws of the State of Delaware, USA, without regard to its conflict of law principles. This means that if there is a dispute that leads to legal action, Delaware law will be used to interpret these Terms and resolve the issue.
Furthermore, unless otherwise required by law, any disputes arising under these Terms will be subject to the jurisdiction of the state or federal courts located in Delaware. By using Fondant, you consent to those courts having jurisdiction over any legal disputes related to these Terms or the service. (If you reside outside the United States, you are still responsible for following any laws applicable to you, but these Terms and any disputes are governed by Delaware law.)
We may modify these Terms and Conditions from time to time to reflect changes in our service or for other operational, legal, or regulatory reasons. If we make significant changes, we will notify you through an appropriate channel – for example, by email or by a prominent notice in the app. The “Last Updated” date at the top will always indicate when the latest changes were made.
It’s important to review any updated Terms. By continuing to use Fondant after new Terms take effect, you agree to be bound by the revised Terms. If you do not agree with the changes, you should stop using Fondant and, if applicable, cancel any paid services.
If you have any questions, concerns, or feedback about these Terms and Conditions, please reach out to us. We’re here to help and listen. You can contact Fondant, Inc. at support@fondant.gg (or an updated contact email we provide within the app).