Last Updated: December 30, 2023
These Terms of Service are an agreement formed between you and Spinnr Inc. DBA Vengo AI. They cover the website available at Vengo AI (the "Website"), and the Vengo AI mobile application (the "App"). In these Terms we'll sometimes refer to Spinnr Inc. as "Vengo AI," "Company," "we," or "us." We'll refer to our Website and App, together with any content, tools, features and functionality offered on or through them, as the "Services."
These Terms govern your access to and use of the Services. Please read them carefully, as they include important information about your legal rights. By accessing or using the Services, you're agreeing to these Terms. If you don't understand or agree to these Terms, please don't use the Services.
In these Terms, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company or other entity then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.
NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. By agreeing to these Terms, you agree to resolve all disputes with us through binding individual arbitration. That means you also waive any right to have those disputes decided by a judge or jury, and you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt out of arbitration as explained below.
When you register to use the Services, you agree to provide accurate and complete information about yourself. If you are under 13 years old OR if you are an EU citizen or resident under 16 years old, do not sign up for the Services – you are not authorized to use them.
You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your password or account. You agree to immediately notify Vengo AI of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session when accessing the Services. Vengo AI will not be liable for any loss or damage arising from your failure to comply with this paragraph.
You acknowledge that Vengo AI may establish general practices and limits concerning use of the Services. These may include, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Vengo AI's servers on your behalf. You agree that Vengo AI has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Services.
In addition to agreeing to comply with our community guidelines, which are incorporated herein, you agree to comply with the following conditions in using the Services.
You are solely responsible for all Content you submit to the Services. Your use of the Services may be subject to license and use restrictions set forth in the CreativeML Open RAIL-M License. You agree not to submit any Content that:
When you submit Content to the Services, you represent and warrant that you own all right, title and interest in and to that Content (including, without limitation, all copyrights and rights of publicity), or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Services for the uses contemplated in these Terms.
When you submit such Content, you retain whatever ownership rights in that Content you had to begin with. You grant Vengo AI, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, modify, exploit, commercialize and otherwise use the Content for any Vengo AI-related purpose in any form, medium or technology now known or later developed, including without limitation to operate, improve and provide the Services.
When you create an automated AI character ("AI Agent") using the Services in accordance with these Terms, then as between you and Vengo AI, you own all rights in that AI Agent. As between you and Vengo AI, you also own any text, images, audio, or video the AI Agent generates ("Generations") that are elicited by you. You grant Vengo AI, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize and otherwise use the digital twin and all Generations elicited by you for any purpose in any form, medium or technology now known or later developed.
Your use of the Services is at your sole risk. The site is provided on an "AS IS" and "AS AVAILABLE" basis. Vengo AI expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Vengo AI makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Services will be accurate or reliable.
You understand and agree that Vengo AI will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or damages for loss of profits including but not limited to damages for loss of goodwill, use, data or other intangible losses (even if Vengo AI has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the Services; (ii) your access, use, creation of, or interaction with any Content, Character or Generations; (iii) your sharing with any third party of any Content, AI Agent or Generations; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party (including users) on the Services; or (vi) any other matter relating to the Services. In no event will Vengo AI's total liability to you for all damages, losses or causes of action exceed the greater of: (i) $100; or (ii) the amount you paid Vengo AI (if any) in connection with your use of the Services.
You agree that Vengo AI, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if Vengo AI believes that you have violated or acted inconsistently with the letter or spirit of these Terms.
Vengo AI may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Vengo AI may (but has no obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than 14 days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms.
If you have any questions about our Services, or to report any violations of these Terms, please Contact Us
