Terms of Service

Last updated: December 7th, 2024

The following terms of use ("Terms of Use") governs your access to and use of: (a) our website including any content, functionality, offered on or through https://vividy.ai/ (the "Website"); (b) any mobile device software provided by us to you, including our mobile application for iPhone (the "Vividy App"), (c) our artificial intelligence ("AI") based video generation tools (the "Vividy Animation Tools") which enable Users to provide User Input and create AI generated animations based upon such User Input (the "Vividy Animations"); (d) any text, pictures, media, data, text, information, and other materials or content (collectively, the "Content") made available to you through (a), (b), and (c); and (e) all other Content, products or services provided by us to you through the Website or the Vividy App (collectively, the "Vividy Solution").

These Terms of Use form an agreement between WarpEngine Canada Inc. ("Vividy", "us", "we", "our") and you. The term "you" or "User" refers to the person or entity browsing, installing, downloading, accessing or otherwise using the Vividy Solution.

Agreement to Terms

BY USING THE VIVIDY SOLUTION IN ANY WAY, BUYING ANY PRODUCTS OR SERVICES, OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU:

A. REPRESENT AND WARRANT THAT:

I. YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION;
II. YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS; AND

B. AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE AND PRIVACY POLICY AS UPDATED FROM TIME TO TIME.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE VIVIDY SOLUTION.

1. Changes to these Terms of Use and the Vividy Solution

Except where prohibited by applicable law, we reserve the right, in our sole discretion, to change any element of these Terms of Use at any time. When we change these Terms of Use, we will post a new version to the Website and update the "Last Updated" date at the top of these Terms of Use.

We reserve the right to change the Vividy Solution at any time, without notice. We may, at our discretion, suspend your access to or use of the Vividy Solution or any component thereof for scheduled maintenance, if you violate any provision of these Terms of Use, or to address any emergency security concerns.

2. Your User ID and Account

To access certain features of the Vividy Solution, you may be required to successfully sign up for a user account (an "Account") using interfaces made available you by us, and select a username and password login credentials (the "User ID").

After completing registration for an Account, you will be able to access your Account by using your User ID or a valid authentication method that is linked to your Account. You will keep your User ID, Account and Authentication Method secure and will not grant access to or otherwise share your User ID, Account and Authentication Method with any other person.

3. Beta Nature of Vividy Solution

You acknowledge, understand and agree that certain applications and features comprising the Vividy Solution may still be under development by Vividy. Such "Beta" components are not fully tested, may contain bugs or errors, and may have limited functionality.

4. Electronic Communications

When you use or view the Vividy Solution or send e-mails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by telephone, e-mail, by text message or by posting notices on the Vividy Solution.

5. User Content

Except as expressly set forth in these Terms of Use, nothing in these Terms of Use assigns or grants to Vividy any right, title or interest, including any intellectual property rights, in and to: (i) the data, information, images, videos, music, audio, or, files that you load, transmit to or enter into, or that we otherwise collect from your access to or use of, the Vividy Solution (collectively, the "User Input"); or (ii) the Vividy Animations generated by the Vividy Solution based upon your User Input (User Input and Vividy Animations are collectively "User Content").

You grant to us and our affiliates and service providers, and each of our respective licensees, successors and assigns, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable licence to access, collect, use, process, store, disclose, transmit, copy, modify and display User Content to:

develop, enhance, improve and make available the Vividy Solution, including by training and finetuning the AI contained within the Vividy Animation Tools using your User Content
develop, enhance, improve and make available Vividy's other products and services
provide and make available your User Content to other users of the Vividy Solution
generate revenue through advertising and other means, including through collaborations with third party advertisers

6. Payment

Vividy offers both free and paid versions of the Vividy Animation Tools. Any fees that you must pay for the paid versions of the Vividy Animation Tools are identified at https://vividy.ai/animation-tools ("Fees"). All Fees identified are in United States Dollars (USD) unless otherwise noted. Except where prohibited by applicable law, Fees are subject to change without notice.

7. License to and Ownership of the Vividy Solution

Neither these Terms of Use nor your use of the Vividy Solution grants you ownership in the Vividy Solution. All right, title and interest, including intellectual property rights, in the Vividy Solution, the source code in the software we use to provide the Vividy Solution, and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of Vividy or our third-party suppliers.

8. Your Responsibilities

You agree to use reasonable efforts to prevent unauthorized access to or use of the Vividy Solution, keep your User IDs, Authentication Method, and all other login information confidential, and comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, and privacy laws.

9. No Unlawful or Prohibited Use

You will not use the Vividy Solution in violation of these Terms of Use or of any applicable law. You will not upload any User Content which is defamatory, or misappropriates, infringes, or otherwise violates any rights of any third party, or that contains harmful, sexually explicit, inflammatory, offensive or discriminatory content.

10. Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE VIVIDY SOLUTION AND RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR RELATED TO THE VIVIDY SOLUTION.

12. Contact

If you have any questions or comments regarding these Terms of Use, please contact us at:

Vividy Support Team
support@vividy.ai

This document has been condensed for readability. The complete terms include additional sections covering indemnification, termination, general provisions, and specific terms for iOS App Store distribution.