Terms and Conditions
Definitions
Media: the files that You can generate our website (for example images or illustrations), also known as “Content” or “Artworks”
Uploaded File(s): the file or files that You upload on our website to generate Media or Metadata, also known as File(s)
Metadata: the titles, descriptions and keywords generated by our automatic keywording service
visualmind.ai: the website on which the Media is generated, also known as “Us”, “We”, “Site”, “Website”, “visualmind”, “visualmind AI” or “visualmind.ai”.
Customer: the individual or company that generates the Media on visualmind AI, also known as “you”
Summary
1) Once you create or edit a Media by using our services on visualmind AI, all Intellectual Property Rights are transferred to you and you may use that artwork for both personal and commercial purposes, but we can’t guarantee you that your Media won’t infringe any third party Intellectual Property Rights. We can’t also guarantee you that you’ll be able to register a Trademark or Copyright claim. If you are editing an existing Media by using our services, you must own the Copyright of that Media.
2) We’ll have no liability for any problem that arises from failures or delay while generating the Media
3) We haven’t complete control on what the AI generates. If you believe that a generated or edited Media may break any laws, infringes a copyright or contains pornographic, offensive or dangerous content, don't use it.
4) Our liability is limited by the Price paid to generate the Media, we won’t be liable for any other kind of direct or indirect losses.
5) We may cancel, at any time and for any reasons, an Order already accepted. In this case, we’ll refund what you’ve paid for your Order.
6) We may close or suspend, at any time and for any reasons, your Account. We’ll only do it for very serious reasons, like scamming or hacking.
7) We may terminate your Subscription at any time, at the end of your currently paid period (or immediately by refunding you your current period).
8) You may not use the Media without making sure that the way you use it doesn’t infringe any local or international law in the countries where the Media will be published, viewed or created.
9) The Metadata may not be accurate, or it may contain words that may infringe Intellectual Property Rights of third parties. Always check them manually.
10) You may not upload Files that you haven't the right to use, or Files that contain sensitive content
Authorized Use
You can use the Media generated on this site for any commercial or personal use, provided that it isn't sensitive (see next) doesn't containt depictions of people that you aren't authorized to use. Intellectual Property Rights are transferred to you as soon as you generate the Media, so you won’t have to purchase any license.
We request you not to:
- use the Media if you intend to associate it to sensitive subjects such as child abuse or exploitation, rape, drugs addiction, pornography, defamation, politics, lewd nudity or discrimination against race, religion or faith.
- use the Media without making sure that the way You use it doesn’t infringe any local or international law in the countries where the Media will be published, viewed or created.
- use Media downloaded from our site if you don’t have generated it yourself, unless you've purchased a license.
- use the generated Media if it contains a trademark or a copyrighted item.
Trademark registration
We can’t guarantee that you’ll be able to register a Trademark or Copyright Claim with the generated Media. You agree that we are not responsible for any expense, damage or liability caused by any failure in the process.
Credits and Subscriptions balance
We reserve the right to change your available balance (credits or subscriptions) at any time in case, for example, of credit card fraud or technical errors.
Refunds
Subscriptions can be refunded for 30 days from the purchase only if you didn't use it to generate any Media. Credits can be refunded for 30 days from the purchase only if you didn't use any of them. We may also decide to refund your Subscription or the Credits you purchased for any reasons. In that case, the Subscription or Credits may be suspended or removed from your account.
Identification
You warrant that you are at least 18 years old, and that the Laws of your country allow you to register on our website and use our services.
Media Generation Liability
You agree that we have no liability for any problem that arises from failures or delay while generating the Media. You also agree that we no liability for the content present in the generated Media. We haven’t complete control on what the AI generates, so if you believe that a generated or edited Media may break any laws or contain dangerous content, please delete it or contact support.
You should also check for the AI regulations and laws in your Country (or the Country in which the Media will be used) to be sure that you can legally use the generated Media for your purpose.
Tax Liability
You agree that You are responsible to check that your Invoices data is correct, and that You are responsible to comply to all the tax declarations required by your country of residence. We are not responsible for any tax issues related to the laws of your Country or errors in invoicing.
You also warrant that all the data that you provide us for the purchase (name, address, VAT code etc.) is correct.
Account Management
You warrant us the right to suspend or delete your account at any time without providing any further explanation.
You can close your account at any time by opening a ticket in the “Contact” section of the website. Being a manual process, it can take us up to a week to do so. Also, if you’ve purchased
Payments
You warrant us that you own or are authorized to use the payment method that you’re using (for example credit or debit card, Paypal etc), You must not pay, or attempt to pay, by fraudulent or unlawful means.
We do not store any credit or debit card details, all payment information are collected or stored by our third-party payment processors. We may store a token to be able to charge you for a payment in the future, for example for monthly subscriptions.
Subscriptions
Subscriptions are prepaid generation credits that renew themselves every month or every year. You’ll be charged every 30 days or every 365 days, depending on the subscription. You may cancel your subscription anytime from your dashboard or by opening a request ticket. We may change what is available to you in your subscription (for example adding or removing features, changing the price, changing the number of credits for the paid period etc.). We’ll communicate any changes to you at least 30 days before making the changes, so you’ll be able to cancel your subscription if you want to do so. We may cancel your subscription at any time and for a multitude of reasons (for example, but not limited to, credit card frauds)
Prepaid Credits
We reserve the right to change your available balance of generation credits at any time in case, for example, of credit card fraud or errors in the download process. We may also refuse to process an order for the same reasons.
Free Credits
You may only receive the sign-up free credits once. We may not give you the free credits if we suspect a fraud attempt (for example, using disposable email addresses or creating multiple accounts from the same computer or ip address to receive the free credits multiple times).
Indemnifications
You agree to fully defend, indemnify and hold harmless visualmind AI (and their respective owners, employees, agents, affiliates, and anyone else associated with us, and each of their successors) against any claim, liability, loss, damage or expense (including attorneys' fees and other costs of investigating and litigating claims) caused, directly or indirectly, by the breaching of any point of this agreement.
Your personal data
Upon creating an account, we collect some informations to save your preferences, know you better and prevent fraud and scams attempts (for example, but not limited to, credit card frauds). For more details, read our Privacy Policy
Agreement changes
We may update this Agreement from time to time. If we do, we’ll let you know about it either by a notice on the website or by sending you an email at least a week before the changes.
Version 1.00
visualmind.ai - MB Studija Minerva - A.Rotundo g. 4A–33 Vilnius, Lituania, 01400 - LT100008319612