Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using VidifyAI's platform and services (the "Service") operated by VidifyAI, Inc. ("us", "we", "our", or "VidifyAI"). By accessing or using our service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the service.

1. Definitions

Service: The VidifyAI platform, website, applications, APIs, and related services.
User: Any individual or entity that accesses or uses the Service, including account holders and end users.
Subscriber: A User who has registered for a paid subscription to the Service.
Content: Any text, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials uploaded, generated, or otherwise provided by Users.
Output: Videos, avatars, and other content generated by the Service based on User inputs.
Personal Data: Any information relating to an identified or identifiable natural person as defined by applicable privacy laws.

2. Account Registration and Security

To use certain features of our Service, you must register for an account. You agree to:

Provide accurate, current, and complete information during the registration process
Maintain and promptly update your account information
Maintain the security of your account and password
Accept responsibility for all activities that occur under your account, including activities by anyone with whom you share access
Promptly notify VidifyAI if you discover or suspect any security breaches related to your account
Ensure that you exit from your account at the end of each session when using a shared computer
Not create multiple accounts for the same person or entity

VidifyAI reserves the right to disable any user account at any time if, in our reasonable opinion, you have failed to comply with these Terms, or if we suspect fraudulent or abusive activity.

3. Subscription and Payments

Some aspects of the Service are provided on a subscription basis:

Subscription fees are charged in advance on a monthly or annual basis according to the plan you select
Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period
You authorize us to charge your designated payment method for all subscriptions and fees incurred
Prices are exclusive of all taxes, levies, or duties imposed by taxing authorities, which are your responsibility
Prices are subject to change with notice; changes will apply at the next billing cycle
We may offer promotional trials or discounted introductory offers; you will be charged the standard subscription rate when such promotions end unless you cancel before that date
No refunds for partial subscription periods, except as required by law or as specified in our Refund Policy

3.1 Payment Processing

We use third-party payment processors to bill you. By providing your payment information, you authorize us and our payment processors to store your payment information and charge your account. If your payment cannot be completed, we may suspend or terminate your access to the Service until payment is received.

3.2 Usage Limits

Each subscription plan may have usage limits, such as the number of videos you can create or the maximum video duration. These limits are specified in your plan details. If you exceed these limits, we may charge you for additional usage or throttle your access until the next billing cycle.

4. User Content and Licenses

4.1 Your Content

You retain all rights to the content you submit to the Service. By uploading content, you grant VidifyAI a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your content solely for the purpose of providing and improving the Service. This license exists only for the duration necessary to provide the Service to you and other users.

4.2 Generated Content

You own the rights to the videos and other outputs generated by the Service based on your inputs, subject to VidifyAI's underlying intellectual property rights in the technology and AI models. VidifyAI may use anonymized data about how you use the Service to improve our offerings. This usage data will not include your Content or Output in a form that could reasonably be used to identify you or your end users.

4.3 Feedback

If you provide feedback, ideas, or suggestions regarding the Service ("Feedback"), you grant VidifyAI a non-exclusive, royalty-free, perpetual, irrevocable license to use, modify, and incorporate this Feedback into our services without any obligation to compensate you.

5. Acceptable Use Policy

You agree not to use the Service to:

Create, upload, or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, or otherwise objectionable
Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
Engage in any activity that would constitute copyright infringement or intellectual property violation
Use the Service for any illegal purpose, or to solicit engagement in illegal activities
Use the Service to create deepfakes or other misleading content intended to deceive others
Create content that could give rise to civil or criminal liability
Create pornographic, adult, or sexually explicit content
Interfere with or disrupt the Service or servers or networks connected to the Service
Attempt to gain unauthorized access to the Service, user accounts, or computer systems
Use any robot, spider, or other automated device to access the Service or extract data
Transmit any viruses, malware, or other code of a destructive nature
Reverse engineer, decompile, or disassemble any portion of the Service
Use the Service in any manner that could disable, overburden, damage, or impair it
Resell, duplicate, or redistribute the Service without our explicit written permission

We reserve the right to monitor for violations of this policy and to take appropriate action, including removing content and suspending or terminating accounts, at our sole discretion.

6. Intellectual Property Rights

The Service and its original content (excluding Content provided by users), features, and functionality are owned by VidifyAI and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The VidifyAI name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of VidifyAI or its affiliates. You may not use these marks without our prior written permission.

6.1 Third-Party Materials

The Service may include third-party content, data, or software components. Such third-party materials are governed by their own terms and conditions.

7. Data Protection and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you consent to the data practices described in the Privacy Policy.

7.1 Data Processing

If you are a business user processing personal data through our Service, you remain the data controller for any personal data you provide to us, and we act as your data processor for such data. You are responsible for ensuring you have the necessary rights and consents to process such personal data through our Service.

7.2 Legal Compliance

We comply with applicable data protection laws, including, where applicable, the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Additional details about our compliance and your rights can be found in our Privacy Policy.

8. Service Level Agreement

VidifyAI strives to maintain a high level of service availability. However, we do not guarantee uninterrupted access to the Service. We will make reasonable efforts to ensure the Service is available 99.9% of the time, excluding scheduled maintenance periods.

8.1 Maintenance

We perform scheduled maintenance to improve and update the Service. We will attempt to provide advance notice of any scheduled maintenance that may result in Service unavailability.

8.2 Support

Technical support is provided according to your subscription level. Basic support is included with all paid subscriptions. Premium support options may be available at additional cost.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall VidifyAI, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of or inability to access or use the Service
Any conduct or content of any third party on the Service
Any content obtained from the Service
Unauthorized access, use, or alteration of your transmissions or content
Any errors or omissions in the Service's operation
Any damage to your computer, mobile device, or any other equipment

Our total liability for any claims under these Terms, including for any implied warranties, is limited to the amount you paid us to use the Service during the 12 months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.

10. Service Modifications

VidifyAI reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. We may update the Service from time to time to implement bug fixes, enhanced functions, or new features.

11. Termination

VidifyAI may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11.1 Your Data After Termination

After account termination or expiration, we may retain your data for a commercially reasonable time for backup, archival, or audit purposes. Any data retained is subject to the confidentiality provisions of these Terms. Upon request, we will provide you with an opportunity to export your data within 30 days of termination, subject to technical limitations.

12. Indemnification

You agree to defend, indemnify, and hold harmless VidifyAI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts in the United States.

13.1 Dispute Resolution

Before filing a claim against VidifyAI, you agree to attempt to resolve the dispute informally by contacting us. If a dispute cannot be resolved informally, you and VidifyAI agree to resolve any disputes through binding arbitration in accordance with the American Arbitration Association's rules, except that you may assert claims in small claims court if your claims qualify.

13.2 Class Action Waiver

You agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor VidifyAI will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15. Changes to These Terms

We reserve the right to update or change these Terms at any time. We will provide notice of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

16. Assignment

You may not assign these Terms or any rights or obligations hereunder without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. VidifyAI may assign these Terms without restriction. These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

17. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by VidifyAI on the Service, constitute the entire agreement between you and VidifyAI concerning the Service, superseding any prior agreements between you and VidifyAI relating to the Service.

18. Contact Us

If you have any questions about these Terms, please contact us or email us at [email protected].