Terms of Service

This SERVICE is provided by Brand Kit at no cost and is intended for use as is.

These Terms of Service govern your use of Brand Kit, our website located at https://viduai.app//, and any related services provided by Brand Kit.

When you create an Brand Kit account or use Brand Kit, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by Brand Kit.

If you access or download Brand Kit from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

We, Brand Kit, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.

This policy is effective as of 2024-09-09

If you use Brand Kit after any amendments to the Terms, it will be deemed that you have accepted the amendments. If you do not want to continue using Brand Kit under the updated Terms, you can terminate your account by contacting us at vidu@viduai.app


Limitations of Use

You represent, warrant and agree that you will not use Brand Kit and our website by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):

1. modify, copy, prepare derivative works of, decompile, or reverse engineer Brand Kit or any materials and software contained within Brand Kit or on our website;

2. remove any copyright or other proprietary notations from Brand Kit or any materials and software contained within Brand Kit or on our website;

3. transfer Brand Kit or any of its associated materials to another person or “mirror” the materials on any other server;

4. knowingly or negligently use Brand Kit or any of its associated services in a way that abuses or disrupts our networks or any other service Brand Kit provides;

5. use Brand Kit or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

6. use Brand Kit or its associated services in violation of any applicable laws or regulations;

7. use Brand Kit to send unauthorized advertising or spam;

8. harvest, collect, or gather user data without the user's consent;

9. use Brand Kit or its associated services in such a way that it may infringe on the privacy, intellectual property rights, or other rights of third parties.

10. To encourage, assist or enable any other party to do any of the foregoing;

11. In any way that violates any applicable national, federal, state, local or international law or regulation.


Intellectual Property

The intellectual property in the materials in Brand Kit and on our website are owned by or licensed to Brand Kit. You may download Brand Kit, to view, use, and display the application on your mobile device for your personal use only.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by Brand Kit at any time.


User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication within Brand Kit and/or on its corresponding website. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use Brand Kit or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

We may use User-Generated Content for the purposes of operating, developing, and improving the Products, in accordance with the applicable privacy policy (for example, to improve the performance of machine learning models). You will not be entitled to compensation for any such use of User-Generated Content by us.

If you have any questions regarding the commercial usage of UGC content, please contact us at vidu@viduai.app


AI Avatar Additional Notes

We update a new feature that allows users to create AI-generated Avatars. When using this feature you agree and confirm that:

• you are above the age of 18

• you will only upload photos of yourself

• you will not upload images of children

• you will not upload any images with nudity or objectional or offensive content

• you accept that there is a chance that some or all of the avatars may be ones that you would consider “bad quality”, offensive, or unrecognizable as yourself

• the final results are highly dependent on the quality and variety of the pictures that you select and upload

• you will not request a refund based on the output of the generated avatars

We will continuously improve our service to avoid objectional or offensive avatars, however it is still possible that you may recieve avatars that you may find offensive or objectionable. If this happens, please contact us at vidu@viduai.app

Automatic Updates

You give us permission to download and install updates to Brand Kit on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting Brand Kit from your device.


Liability

Brand Kit and the materials in Brand Kit and on our website are provided on an 'as is' basis. To the extent permitted by law, Brand Kit makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Brand Kit or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Brand Kit, our website, or any other services provided by Brand Kit or the materials in Brand Kit, even if Brand Kit or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

We assume no liability or responsibility for any kind of violation arising from your use of Brand Kit, including any breach of intellectual property rights of third parties, or due to any unauthorized access or other illegal actions by any third party.

You also acknowledge and agree that your any use of Brand Kit or/and User Content is at your sole risk. You assume your full responsibility arising out of your use of Brand Kit and/or use, other exploitation, further sharing and distribution of any User Content. In addition, you hereby agree to hold harmless and indemnify us, our successors, assigns, licensees, partners, affiliates, officers, directors, employees from and against any and all claims, liabilities, complaints, losses, expenses and damages of any kind or nature arising out of your use of Brand Kit, any use, other exploitation, further sharing and distribution of User Content or out of your failure to comply with the terms of the present Agreement.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.


Accuracy of Materials

The materials appearing in Brand Kit or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, Brand Kit does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Brand Kit or on our website, or otherwise relating to such materials or on any resources linked to Brand Kit and our website.


Links

Brand Kit has not reviewed all of the sites linked to Brand Kit or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Brand Kit of the site. Use of any such linked website is at your own risk and we strongly advise you to conduct your own investigations with respect to the suitability of those sites.


Notice regarding Apple

To the extent that you are using or accessing Brand Kit on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Brand Kit only, not with Apple Inc. (Apple), and Apple is not responsible for Brand Kit and any materials available in Brand Kit.

Apple has no obligation to furnish you with any maintenance and support services with respect to Brand Kit.

If Brand Kit fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Brand Kit and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to Brand Kit or your use of Brand Kit, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our mobile application infringes on that third party's intellectual property rights.

You agree to comply with any applicable third-party terms when using Brand Kit, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.


Right to Terminate

We reserve the right, without notice and in our sole discretion, to terminate your license to access or use our Services according to your failure to comply with any of the Terms. We are not responsible for any loss or harm related to your inability to access or use our Services.


Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.


Governing Law

These Terms of Service are governed by and construed in accordance with the laws of United States. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.


For Apple App Store Purchases:

Open 'Settings' on your iPhone/iPad.

Tap your name.

Navigate to 'Subscriptions' > Choose the App > Tap 'Cancel Subscription'.

For Google Play Purchases:

Launch the Google Play Store.

Ensure you're signed into the right Google Account.

Tap 'Menu' > 'Subscriptions' > Select the App > Tap 'Cancel Subscription' > Follow the prompts.


Disclaimer

This model is open access and available to all, with a CreativeML OpenRAIL-M license further specifying rights and usage. The CreativeML OpenRAIL License specifies:

1. You can't use the model to deliberately produce nor share illegal or harmful outputs or content

2. The authors claims no rights on the outputs you generate, you are free to use them and are accountable for their use which must not go against the provisions set in the license

3. You may re-distribute the weights and use the model commercially and/or as a service. If you do, please be aware you have to include the same use restrictions as the ones in the license and share a copy of the CreativeML OpenRAIL-M to all your users (please read the license entirely and carefully) Please read the full license here


Contact Us

If you have any questions or suggestions about our policy, do not hesitate to contact us at vidu@viduai.app