Terms of Service

Last Updated: January 1, 2024

Agreement to Terms

Welcome to Vectorisize ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, applications, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

1. Eligibility and Account Registration

1.1 Age Requirement

You must be at least 13 years old to use our Services. If you are under 18, you represent that you have obtained parental or guardian consent to use our Services.

1.2 Account Creation

To access certain features, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access or security breach
  • Accept responsibility for all activities that occur under your account

1.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms or for any other reason at our sole discretion.

2. Subscription Plans and Payments

2.1 Plan Types

We offer multiple subscription tiers:

  • Free Plan: Limited credits and features for basic use
  • Pro Plan: Increased credits, priority processing, and additional features
  • Premium Plan: Unlimited credits, maximum priority, and all features

2.2 Pricing and Payment

  • Subscription fees are charged in advance on a monthly or annual basis
  • All fees are in U.S. Dollars unless otherwise stated
  • You authorize us to charge your selected payment method
  • Prices are subject to change with 30 days' notice
  • Failed payments may result in service suspension

2.3 Credits System

  • Credits are consumed based on the type and complexity of operations
  • Unused credits may expire based on your plan terms
  • Credits are non-transferable and have no cash value
  • We may adjust credit consumption rates with notice

2.4 Billing and Renewals

  • Subscriptions automatically renew unless cancelled
  • You will be charged at the start of each billing period
  • Cancellation takes effect at the end of the current billing period
  • No refunds for partial billing periods

2.5 Refund Policy

We offer a 30-day money-back guarantee for first-time subscriptions. To request a refund, contact us at support@vectorisize.com within 30 days of your initial purchase. Refunds are not available for:

  • Renewal payments
  • Accounts that violate these Terms
  • Services already rendered or credits consumed

3. Use of Services

3.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or internal business purposes.

3.2 Acceptable Use

You agree to use our Services only for lawful purposes. You will not:

  • Violate any applicable laws, regulations, or third-party rights
  • Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
  • Upload content containing viruses, malware, or other harmful code
  • Infringe upon intellectual property rights of others
  • Use the Services to create content that violates copyright, trademark, or other proprietary rights
  • Attempt to reverse engineer, decompile, or hack our Services
  • Use automated systems (bots, scrapers) without permission
  • Overload, interfere with, or disrupt our Services or servers
  • Impersonate others or provide false information
  • Resell, redistribute, or sublicense our Services without authorization

3.3 Content Restrictions

You may not upload or create content that:

  • Contains nudity, pornography, or sexually explicit material
  • Promotes violence, discrimination, or hatred
  • Depicts or glorifies illegal activities
  • Violates privacy rights or exploits minors
  • Contains confidential or proprietary information without authorization

4. Intellectual Property Rights

4.1 Your Content

You retain all ownership rights to the content you upload ("Your Content"). By uploading content, you represent and warrant that:

  • You own or have the necessary rights to use and license Your Content
  • Your Content does not infringe any third-party rights
  • You have obtained all necessary permissions and consents

4.2 License to Use Your Content

By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display Your Content solely for the purpose of providing our Services and improving our AI models.

4.3 Generated Content

Subject to your payment of applicable fees and compliance with these Terms, you own the output generated by our Services based on Your Content. However:

  • Similar outputs may be generated for other users from similar inputs
  • We retain rights to use anonymized, aggregated data for service improvement
  • You are responsible for ensuring your use of generated content complies with applicable laws

4.4 Public Gallery

If you choose to publish your creations to our public Explore gallery, you grant us and other users a license to view, download, and use those creations. You can remove content from the public gallery at any time.

4.5 Our Intellectual Property

All rights, title, and interest in our Services, including our website, software, AI models, algorithms, trademarks, and logos, are and will remain our exclusive property. You may not use our intellectual property without our prior written consent.

5. AI Services and Limitations

5.1 AI-Generated Results

Our Services use artificial intelligence and machine learning. You acknowledge that:

  • AI-generated results may vary in quality and accuracy
  • Results are not guaranteed to meet your specific requirements
  • We do not guarantee error-free or uninterrupted service
  • You are responsible for reviewing and verifying all generated content

5.2 Model Training

We may use anonymized and aggregated data from our Services to train and improve our AI models. We do not use Your Content for training without proper anonymization.

5.3 Third-Party AI Services

Our Services may integrate with third-party AI providers. Your use of such features is subject to the third party's terms and policies.

6. Privacy and Data Protection

Your use of our Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

7. Service Availability and Modifications

7.1 Service Availability

We strive to provide reliable service but do not guarantee uninterrupted access. Our Services may be unavailable due to maintenance, updates, or technical issues. We are not liable for any downtime or service interruptions.

7.2 Modifications to Services

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of the Services.

7.3 Beta Features

We may offer beta or experimental features. These are provided "as is" without warranties and may be modified or discontinued at any time.

8. Disclaimers and Warranties

8.1 "As Is" Provision

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 No Guarantee of Results

WE DO NOT WARRANT THAT:

  • Our Services will meet your specific requirements
  • Results will be accurate, complete, or error-free
  • Services will be uninterrupted, secure, or virus-free
  • Any defects will be corrected

8.3 Third-Party Content

We are not responsible for the accuracy, legality, or quality of content uploaded by users or provided by third parties.

9. Limitation of Liability

9.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VECTORISIZE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or content
  • Business interruption
  • Loss of goodwill or reputation

9.2 Limitation of Total Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF:

  • The amount you paid us in the 12 months preceding the claim, or
  • $100 USD

9.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such cases, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Vectorisize and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your violation of these Terms
  • Your use or misuse of our Services
  • Your Content or any content you upload
  • Your violation of any rights of third parties
  • Your violation of applicable laws or regulations

11. Dispute Resolution

11.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@vectorisize.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

11.2 Arbitration Agreement

If we cannot resolve a dispute informally, you and Vectorisize agree to resolve any claims through final and binding arbitration, except for disputes that qualify for small claims court.

Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be held in [Your Jurisdiction] or remotely via video conference.

11.3 Class Action Waiver

YOU AND VECTORISIZE 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.

11.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

12. International Users

Our Services are operated from the United States. If you access our Services from outside the U.S., you do so at your own risk and are responsible for compliance with local laws. Your information may be transferred to and processed in the United States.

13. Copyright and DMCA

13.1 Copyright Policy

We respect intellectual property rights and expect our users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA).

13.2 DMCA Notice

If you believe your copyrighted work has been infringed, please send a written notice to our designated agent at dmca@vectorisize.com including:

  • Identification of the copyrighted work
  • Identification of the infringing material
  • Your contact information
  • A statement of good faith belief
  • A statement under penalty of perjury
  • Your physical or electronic signature

13.3 Repeat Infringers

We will terminate the accounts of users who are repeat copyright infringers.

14. Termination

14.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature. Termination does not entitle you to a refund of any fees already paid.

14.2 Termination by Us

We may suspend or terminate your access to our Services immediately, without prior notice, for:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Requests by law enforcement
  • Extended inactivity
  • Technical or security issues

14.3 Effect of Termination

Upon termination:

  • Your right to use our Services ceases immediately
  • We may delete your account and content
  • You remain liable for any outstanding fees
  • Provisions of these Terms that should survive will continue to apply

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Vectorisize regarding our Services.

15.2 Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or by posting a notice on our website. Your continued use of our Services after changes become effective constitutes acceptance of the modified Terms.

15.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

15.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations without restriction.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet service interruptions.

15.7 Survival

The following sections shall survive termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

16. Contact Information

If you have any questions about these Terms, please contact us:

  • Email: legal@vectorisize.com
  • Support: support@vectorisize.com
  • Contact Form: vectorisize.com/contact
  • Address: Vectorisize Inc., [Your Business Address]

Acknowledgment: By using Vectorisize, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.