Terms and Conditions

1. Definitions

• "Service" refers to the VibeArt platform, which allows users to generate images, videos, and other media ("Generated Content") using artificial intelligence models.
• "User" or "you" refers to any individual or entity who creates an account and uses the Service.
• "Input" refers to any text prompts, images, or other data you provide to the Service to create Generated Content.
• "Generated Content" refers to the images, videos, or other media created by the Service based on your Input.
• "Credits" are the units used to measure and pay for the use of the Service.

2. User Accounts

• Eligibility: You must be at least 13 years old to use the Service. If you are between 13 and 18, you must have permission from a parent or legal guardian.
• Registration: You must provide accurate and complete information when creating your account. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.
• Responsibility: You are solely responsible for your conduct and any data, text, files, information, and Input you submit to the Service.

3. Subscriptions, Credits, and Payments

• Plans: We offer a free plan with limited access and several paid subscription plans ("Basic," "Pro," "Max"). Each plan provides a specific monthly allowance of Credits.
• Billing: Subscriptions are billed on a recurring monthly basis. Payments are processed by our third-party Merchant of Record, Paddle, and are subject to their terms of service. By subscribing, you authorize us to charge your payment method on a recurring basis.
• Credit Usage: Each generation or action within the Service consumes a specific number of Credits, which varies depending on the AI model and complexity of the task. The cost of each action will be clearly indicated.
• Credit Rollover: Credits provided as part of a monthly subscription plan do not roll over to the next billing cycle. Your Credit balance is reset and refilled to your plan's amount at the start of each new cycle.
• One-Time Purchases: You may purchase additional, non-expiring Credit packs. Credits purchased in these packs will remain in your account until they are used and are not subject to the monthly reset.
• Cancellations: You may cancel your subscription at any time through your account dashboard. Your subscription will remain active until the end of the current billing period, and you will not be charged for subsequent periods.
• Refunds: All payments are generally non-refundable. We do not provide refunds or credits for partially used subscription periods or unused Credits. Exceptions may be made if required by law.
• Price Changes: We reserve the right to change our subscription plan prices. We will provide you with at least 30 days' notice of any price changes.

4. Intellectual Property Rights

• Our Service: We retain all rights, title, and interest in and to the Service, including our website, branding, code, and underlying technology. You may not copy, modify, or reverse-engineer any part of the Service.
• Your Input: You retain all ownership rights to the Input you provide to the Service. You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and process your Input solely for the purpose of operating and providing the Service to you.
• Ownership of Generated Content:
  • Paid Plans (Basic, Pro, Max): For any User with an active, paid subscription, you own the Generated Content you create. We assign to you all of our rights, title, and interest in and to the Generated Content. You are free to use this content for any personal or commercial purpose, subject to your compliance with these Terms.
  • Free Plan: For Users on our Free plan, we grant you a limited, non-exclusive, non-transferable license to use the Generated Content for personal, non-commercial purposes only. You may not sell, license, or use this content for any commercial activity. Furthermore, you grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute Generated Content created on the Free plan for our marketing and promotional purposes.

5. Acceptable Use Policy

You agree not to use the Service to create, upload, or share any content that:

• Is illegal, harmful, hateful, defamatory, obscene, or infringing on the rights of others.
• Violates any applicable local, state, national, or international law.
• Creates non-consensual explicit imagery, or any content that exploits, abuses, or endangers children.
• Infringes on any third party's intellectual property rights, including copyrights, trademarks, and patents.
• Generates or disseminates misinformation, disinformation, or "fake news" with the intent to harm others.
• Attempts to reverse-engineer, decompile, or otherwise discover the source code of the Service.
• Uses web scrapers, bots, or other automated means to access the Service for any purpose without our express written permission.

We reserve the right to suspend or terminate your account without notice if we determine, in our sole discretion, that you have violated this policy.

6. Disclaimers and Limitation of Liability

• "AS IS" Service: The Service is provided "as is" and "as available" without any warranties of any kind, express or implied. The output from our AI models may be unpredictable, and we do not guarantee that the Generated Content will meet your expectations, be accurate, or be unique.
• Responsibility for Use: You are solely responsible for your use of the Generated Content. It is your responsibility to ensure that your use does not infringe on any third-party rights (such as existing copyrights or trademarks) and complies with all applicable laws. We are not liable for any claims arising from your use of the Generated Content.
• Limitation of Liability: To the fullest extent permitted by law, VibeArt and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service.

7. Termination

You may terminate these Terms at any time by canceling your subscription and ceasing to use the Service. We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for any reason, including for a breach of these Terms.

8. Changes to Terms

We may modify these Terms from time to time. We will notify you of any changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.

9. Governing Law

These Terms shall be governed by the laws of India, without regard to its conflict of law provisions.

10. Contact Information

If you have any questions about these Terms, please contact us at cgcrew001@gmail.com.