Effective date: 10 February 2023
Welcome to Metabrix Labs Private Limited, (“Company”, “we”, “us” or “our” and other such adjectives), a mobile technology company specializing in deep learning-related products. Our goal is to move forward mobile photography creation to the next level using neural networks, deep learning, and computer vision technics. We aim to create new ways for people to express their emotions through the camera. We own and operate the Mobile APPLICATION/WEBSITE under the name and style of voge: Avatars creator.
You from hereinafter will be referred as “you”, “your”, “user”, “Customer”. By Using Voge, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 17 (Dispute Resolution; Binding Arbitration), do not Use voge. Use of voge will confirm your acceptance of these Terms.
These Terms are a binding contract between you and us. You are accepting and agreeing to these Terms on behalf of yourself or the entity that you represent in connection with the Use of voge. If you are Using voge on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person, or entity’s behalf and that such person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
THESE TERMS TAKE EFFECT WHEN YOU ACCESS OR USE THE APPLICATION/WEBSITE (THE “EFFECTIVE DATE”). BY ACCESSING OR USING THE /WEBSITE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS AND, IF ENTERING INTO THESE TERMS FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE APPLICATION/WEBSITE. YOU MAY NOT ACCESS THE APPLICATION/WEBSITE IF YOU ARE A COMPETITOR OF THE COMPANY, EXCEPT WITH OUR PRIOR WRITTEN CONSENT.
General age limitation
BY USING THE APPLICATION/WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THE TERMS. IN CASE OF USING THE REALISTIC AVATARS FEATURE YOU EXPLICITLY CONFIRM THAT YOU ARE AT LEAST 13/16 YEARS OLD (AS APPLICABLE IN YOUR JURISDICTION). If you are under 18 years of age (or the age of legal majority where you live), you may only Use voge under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age of 13 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with voge.
If you have any questions about these Terms or voge, please contact us via email at email@example.com (for additional contact information, please, see Section 27 of these Terms “How to Contact Us”).
NOTE: Voge uses a Neural Network Model Stable Diffusion that allows users to generate personalized Realistic Avatars (“Avatars”). For all the important questions about how Stable Diffusion technology works, you can find answers in their FAQ. For how the Magic Avatars feature works, you can read our short FAQ.
How does it work?
We do not use your Personal Data to generally train and/or create our separate artificial intelligence/products.
We do our best to moderate the settings of the AI model, however, it is still possible that you may encounter content that you may see as inappropriate for you. Please contact us at firstname.lastname@example.org if you find any of the content to be offensive or inappropriate to you, we will promptly take the action and it will help us to train the algorithm better. Also, we expect and appreciate you observing the rules of voge Use listed in Section 6 and 7 of these Terms.
2. DESCRIPTION OF SERVICES
From time to time and without prior notice to you, we may change, expand, and improve the APPLICATION/WEBSITE. We may also, at any time, cease to continue operating part or all of the APPLICATION/WEBSITE or selectively disable certain features of the APPLICATION/WEBSITE. Your use of the APPLICATION/WEBSITE does not entitle you to the continued provision or availability of the APPLICATION/WEBSITE. Any modification or elimination of voge or any particular features will be done at our sole discretion.
THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE SERVICE, OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THE SERVICES PROVIDED UNDER THE APPLICATION/WEBSITE SHALL UNDER NO CIRCUMSTANCES SHALL SERVE AS A PROOF OF EVIDENCE BEFORE ANY AUTHORITY, GOVERNMENT BODY, DEPARTMENT OR BEFORE ANY COURT OF LAW.
TL;DR: generally, you should be at least 13 years old or, if you are from the EEA or UK, 16 years old to use voge. However, if you want to generate Avatars, this requires you to be at least of the age of legal majority (it means you must be both: at least 18 years of age; and of the age of majority under the laws of your jurisdiction). We introduce such an age limitation for Avatars because the AI is unpredictable and, though we do our best to configure the safety settings, we do not want to harm any minors with any unexpected content.
Age limitation for the European Economic Area (“EEA”) and United Kingdom (“UK”) residents. Due to requirements of the General Data Protection Regulation (“GDPR”) and UK GDPR you shall be at least 16 years old in order to use voge. To the extent prohibited by applicable law, we do not allow Use of voge by the EEA and UK residents younger than 16 years old. If you are aware of anyone younger than 16 using voge, please contact us at email@example.com (for additional contact information, please, see Section 27 of these Terms “How to Contact Us”) and we will take reasonable steps to preclude such person from voge Use.
Age limitation for the use of the Realistic Avatars feature. Due to unexpected results of the Realistic Avatars feature, you should be at least the age of the legal majority, as applicable to you. If you know anyone using the feature under the age of legal majority, please let us know promptly about it by contacting us at firstname.lastname@example.org (for additional details, please, see Section 27 of these Terms “How to Contact Us”).
You represent and warrant that you have the full power and authority to enter into this agreement and that in doing so you will not violate any other agreement to which you are a party and that you have not been previously suspended or removed from Using voge. You further agree to Use voge in compliance with all applicable laws and to provide only true and accurate information to us. voge is not available to any Users previously prohibited from Using it.
Notwithstanding the foregoing, you shall be liable for violation of any age limit laws, rules, regulations in your jurisdiction and you shall hold harmless and keep the Company indemnified.
4. USER ACCOUNTS AND ACCOUNT SECURITY
TL;DR: you can create an account in voge, and you are responsible for maintaining confidentiality and control over your account by setting a secure password.
Certain voge features or functionalities, that we may establish and maintain from time to time and in our sole discretion, may require you to register an account with us (“Account”). By creating an Account, you agree to: (i) provide accurate, current, and complete information for your Account, (ii) maintain and promptly update, as necessary, your Account information, (iii) maintain the security of your Account login information, (iv) be responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent, and (v) immediately notify us if you discover or otherwise suspect any security breaches related to your Account. You are entirely responsible for maintaining the confidentiality, security and control of your Account login information and for all activities that occur in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
You may register your Account using a valid account on the app store or marketplace from which you downloaded voge (Apple App Store, Google Play.) (each such account, a “Third-Party Account”). By using a Third-Party Account to register your Account, you are allowing voge to access your Third-Party Account as permitted under the applicable terms and conditions that govern your and our use of such Third-Party Account.
You may not create a login name or password or upload, distribute, transmit, publish or post through or on the APPLICATION/WEBSITE;
You may only create and hold one account on the APPLICATION/WEBSITE. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit or delete your personal information; and (b) opt-out of persistent login. You understand and agree that the Company shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your user id, password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the APPLICATION/WEBSITE or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
Passwords and Access Credentials. You are responsible for keeping your passwords and access credentials associated with the Service confidential. You will not sell or transfer them to any other person or entity. You will promptly notify us about any unauthorized access to your passwords or access credentials.
Aggregated Statistics. Notwithstanding anything to the contrary in these Terms, Company may monitor Customer’s use of the Service and collect and compile data and information related to Customer’s use of the Service to be used by Company in an aggregated and anonymized, de-identified, or otherwise obfuscated manner, including to compile statistical and performance information related to the provision and operation of the Service (“Aggregated Statistics”). As between Company and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Company. You acknowledge that the Company may compile Aggregated Statistics based on Customer Data input into the Service. You agree that Company may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify Customer or Customer’s Confidential Information.
Suspension of the Service. Notwithstanding anything to the contrary in these Terms, Company may temporarily suspend Customer’s and any other Authorized User’s access to any portion or all of the Service: (i) if Company reasonably determines that: (a) there is a threat or attack on the Service; (c) Customer’s or any other Authorized User’s use of the Service disrupts or poses a security risk to the Service or to any other customer or vendor of Company; (c) Customer or any other Authorized User is using the Service for fraudulent or illegal activities; (d) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (e) Company’s provision of the Service to Customer or any other Authorized User is prohibited by applicable law; or (ii) any vendor of Company has suspended or terminated Company’s access to or use of any third-party services required to enable Customer to access the Service (any such suspension described in subclause (i) or (ii), a “Service Suspension”). Company shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Service following any Service Suspension. Company shall use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Company will have no liability for any damage, liabilities, losses (including any loss of or profits), or any other consequences that Customer or any other Authorized User may incur as a result of a Service Suspension.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
6. USER CONTENT
TL;DR: You can upload your photos or videos to voge and create creative edits or amazing Avatars. Both your original content and your edited or AI-generated content belong to you, and we claim no ownership over such content. You would need to give us permission to use that content (to process it, for our AI to generate your Avatars, to display it in the app’s library on your device, or to enable you to share edits with your friends on our app). You take this permission away when you delete any of your content from the app library or delete your account and its data. For the Magic Avatars feature, this permission in relation to your uploaded photos automatically ends when your Avatars are generated by our AI.
voge may allow you to upload, edit, create AI-generated, store, and share content, including your photos and videos (“User Content”). We do not claim ownership over your User Content, including AI-generated content you create Using voge (for the purposes of these Terms, the term “User Content” explicitly includes any AI-generated content you create by Using the APPLICATION/WEBSITE).
We want you to enjoy the functionality of voge seamlessly. Therefore, you hereby grant us a permit (called a license and referenced as a “Company License” explained further) to use your User Content uploaded to, downloaded from, and stored within the APPLICATION/WEBSITE. We would like to highlight that the Company license is limited to the purpose of our usage of your User Content and the parties we might share this User Content with. We do not sell any of your User Content with any third parties and use it for ensuring the appropriate functionality of the APPLICATION/WEBSITE only.
You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you are authorized to act on your behalf.
TL;DR: here we impose some rules as to the content you may want to upload. Namely, you should own the photos or videos you upload, and if you don’t, then you should hold a proper license to upload such content to voge. Also, in case you wish to upload a photo or video depicting your friend or anyone else other than you, you must do so only with their consent. In case you upload someone else’s content to voge and we receive claims, you will indemnify voge for such claims (it means that we will ask you to financially compensate us for these claims). We encourage you to observe these rules and not harm others using their content without consent.
You represent and warrant that: (i) you own the User Content edited and adjusted by you on or through voge or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you intend to edit and adjust on or through voge and approve to us that any usage of third-party User Content is otherwise cleared by you with the respective rights holder; (iii) in case the User Content depicts third parties, you have received all the necessary consents from them to upload it to voge; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.
You must not upload, edit, create, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. You, furthermore, agree to indemnify, defend and hold voge harmless for any unauthorized use of third-party User Content you might commit (both intentionally or unintentionally) in accordance with Section 13 “Indemnification” of these Terms.
7. PROHIBITED CONDUCT AND CONTENT
You shall not, and shall not permit any Authorized Users to, use the Service, any software component of the Service for any purposes beyond the scope of the access granted in these Terms and the terms of any invoice provided by Company. You shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative work, in whole or in part, of the Service (including any software component of the Service); (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service (including any software component of the Service except as expressly permitted under these Terms; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Service, in whole or in part; (iv) use the Service (including any software component of the Service) in order to build a competitive product or service; (v) copy any features, functions or graphics of the Service (including any software component of the Service); (vi) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (vii) remove any proprietary notices from the Service; or (viii) use the Service (including any software component of the Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation, or rule. If the restriction set forth in clause (iii) above is prohibited by applicable law, you shall provide Company with detailed prior written notice of any such intention to reverse engineer the Service and shall provide Company with a right of first refusal to perform such work at rates equal to those proposed by a recognized third-party software services Company for such work.
Use of Realistic Avatars.
General rules. You undertake to not violate any applicable contract, intellectual property law, any other applicable law in your jurisdiction, or other third-party rights (including the Company rights) or commit a tort, and you are solely responsible for your conduct while Using Voge and you shall keep the Company indemnified in this regard.
You represent, warrant, and agree that you will not Use Voge by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):
You may only share the User Content that is non-confidential and you have all necessary rights to disclose. You may not upload, edit, create, store, or share any User Content that:
Due to the fact that we use Stable Diffusion AI technology in voge for creation of the Realistic Avatars, you additionally represent, warrant and agree that you will not Use voge feature with Stable Diffusion AI technology and (or) Stable Diffusion AI technology (Copyright (c) 2022 Robin Rombach and Patrick Esser and contributors) in the following ways, which are explicitly prohibited under the Stable Diffusion AI technology license (Attachment A), and, in particular:
You, furthermore, agree to abide by the Stable Diffusion AI technology license, incorporated herein by reference, including its Attachment A. We have the right to monitor your Use of voge to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects voge. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the applicable law. We reserve the right to, at our discretion and at any time, suspend or discontinue voge, introduce new features or impose limitations on certain features, or restrict access to voge.
8. LIMITED LICENSE; COPYRIGHT AND TRADEMARK
TL;DR: this is to say that everything you see on the app (apart from your photos, videos, or Realistic Avatars) is owned or licensed to Voge. And we allow you to enjoy the functionality of the app to its fullest, but if you want to use any elements of our app outside the app, you must ask for our consent.
Everything you can read below is NOT about User Content.
voge and the text, graphics, images, photographs, videos, audio, music (including but not limited to the Music Content, as defined below), illustrations, trademarks, trade names, page headers, button and APPLICATION/WEBSITE icons, scripts, service marks, logos, slogans, filters, tools, and other content contained therein, excluding your User Content (collectively, “Voge Content”) (and intellectual property rights in or to the preceding items) are owned by us or licensed to us and are protected under both Indian and foreign laws. Except as explicitly stated in these Terms, we and our licensors, as applicable, reserve all rights, titles and interests (including without limitation all intellectual rights) in and to Voge and the Voge Content. Your use of the Voge Content shall be always subject to these Terms and, if applicable, additional terms and conditions that would be uploaded from time to time, such as terms and conditions from our licensors (such additional terms, “Supplemental Terms“). Such Supplemental Terms are hereby incorporated into these Terms by reference. To the extent of any conflict or inconsistency between these Terms and Supplemental Terms, the latter shall govern.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to Use voge and the voge Content for your own personal use (“User License”); however, such User License is subject to these Terms and (if applicable) the Supplemental Terms and does not include any right to: (i) sell, resell or commercially use voge or the voge Content; (ii) copy, reproduce, distribute, publicly perform or publicly display the voge Content, except as expressly permitted by us or our licensors; (iii) modify the voge Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of voge or the voge Content, except as expressly set forth in these Terms and the Supplemental Terms; (iv) use any data mining, robots or similar data gathering or extraction methods; or (v) Use voge or the voge Content other than as expressly provided in these Terms and the Supplemental Terms. Any Use of voge or the voge Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms and (if applicable) the Supplemental Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the voge Content.
9. IN-APP PURCHASES AND SUBSCRIPTIONS
TL;DR: you can use the free version of Voge, or buy a premium subscription that allows you to use much more features while editing your photos or videos. There are additional paid features – for example, you would need to pay us to generate Avatars. To pay for a subscription or any additional features, you must be over 18. It’s Apple App Store support or Google Play support that manages your paid subscription or other purchased items, so in case of any queries or requests for a refund, please contact them.
Some functionalities and features of the APPLICATION/WEBSITE are free of charge. We also offer subscription plans that provide access to enhanced services and additional features for a fee (“Purchased Content”).
You may only use the Purchased Content if you are over 18 years old (or of age of legal majority where you live, if different), and only on a limited, personal, non-transferable, non-sublicensable and revocable basis.
You may purchase the Purchased Content through a third party, such as Apple App Store or Google Play. If you purchase the Purchased Content from a third party, separate terms and conditions with such third party in addition to these terms may apply to your access to voge.
Your payment to the third party through which you purchased the Purchased Content will automatically renew and continue until terminated. You must cancel your subscription before it renews to avoid paying the subscription fees for the next billing period. We reserve the right to modify, terminate, or otherwise amend the subscription plans we offer from time to time.
Please contact the third party (Apple App Store or Google Play support) regarding any refunds or to manage your Purchased Content.
We are unable to view, access, or modify any financial transactions from Apple (as defined below) or Google LLC in-app subscriptions for security and privacy reasons. Instead, we would ask that you reach out to the appropriate support team of Apple or Google LLC in relation to your subscription to request any refunds.
You can cancel your Purchased Content by signing in to your account and following the instructions for canceling your subscription.
If made via a Google in-app subscription or purchase learn more about refunds from Google Play here.
You can request a refund for an Apple in-app subscription or purchase by following the guidance here.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.
10. THIRD-PARTY COMPONENTS:
The Service may contain or otherwise make use of software, code or related materials from third parties, including, without limitation, “open source” or “freeware” software (“Third Party Components”). Third Party Components may be licensed under additional or other license terms that accompany such Third Party Components. You acknowledge and agree that these accompanying license terms govern their use. Nothing in this Terms limits your rights under, or grants you rights that supersede, the license terms that accompany any Third Party Components.
11. COPYRIGHT INFRINGEMENT
TL;DR: If our APPLICATION/WEBSITE displays any content that infringes someone’s copyright, please let us know about it. You can find all the details on how to notify us below.
It is our policy to respect the legitimate rights of copyright owners, and we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any text, graphics, photos, audio, music, videos or other materials or works, including any User Content, uploaded, downloaded or appearing on voge have been copied in a way that constitutes copyright infringement, you may request removal of that User Content (or access to it) from voge by submitting a written notification to our copyright agent designated below.
Such written notice must include substantially the following:
If you fail to comply with any of the above requirements to the Notice, your Notice may not be effective and, therefore, will be disregarded and not enforced by us. This does not preclude you from sending a follow-up notice on the same.
Please be aware that if you knowingly materially misrepresent that any material, including User Content, or activity within voge is infringing your copyright or the copyright of a person that you know, you may be held liable for damages (including costs and attorneys’ fees).
If we become aware that any of our Users have repeatedly infringed copyrights, we will take reasonable steps to disable access to voge for such Users.
TL;DR: we will be happy to receive your feedback about the app. Please note that your feedback is not confidential and we will be able to use it (for example, to display on our website or to post in our social media).
We welcome any your feedback, questions, comments, suggestions, ideas, original or creative materials or other information you submit about us or voge (collectively, “Feedback”). You can submit Feedback by using the”Send Feedback“ button in voge settings (or by contacting us at email@example.com or otherwise, for additional contact details please see Section 27 of these Terms “How to Contact Us”) or via reviews in Apple App Store or Google Play. Your Feedback is non-confidential and will become our sole property once submitted to us. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You also have the right to amend and supplement your Feedback to us, which we will take into account to provide accurate information to other users about voge’s user experience. If we decide to make your Feedback public, we will not use any of your personal data, unless you explicitly consent to it.
TL;DR: if you breach the rules, and we receive claims for it, we may may ask you to compensate us financially.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees (individually and collectively, “Company Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (i) your Use of voge; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (v) your conduct in connection with voge. You agree to promptly notify the Company Parties of any third-party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.
Customer shall indemnify, hold harmless, and, at Company’s option, defend Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all Losses arising from or relating to any Third-Party Claim (i) that the Customer Data, or any use of the Customer Data in accordance with these Terms, infringes or misappropriates such third party’s intellectual property rights; or (ii) based on Customer’s or any Authorized User’s negligence or willful misconduct or use of the Service in a manner not authorized by these Terms; provided that Customer may not settle any Third- Party Claim against Company unless Company consents to such settlement, and further provided that Company will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.
You agree to defend, indemnify and hold harmless Company its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
TL;DR: Sometimes the things may not work out as planned. And we don’t claim or guarantee that voge will always work perfectly. Just as we can’t claim or guarantee that you won’t see any unexpected results while generating your Magic Avatars – it’s very unpredictable, although we are always working on AI’s safety settings. We would highly appreciate your assistance, so if you see any offensive content generated by the AI, please report such content to us at firstname.lastname@example.org to help us improve voge’s user experience.
We do not control, endorse or take responsibility for any User Content (and its loss) or third-party content available on or linked to voge. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Your Use of voge is at your sole risk. voge is 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, title, and non-infringement. In addition, we do not represent or warrant that voge is accurate, complete, reliable, current, error-free or free of viruses or harmful components. You assume the entire risk as to the quality and performance of voge within your Use.
Realistic Avatars feature in voge uses external technology Stable Diffusion AI. Due to this, we cannot fully control the results generated by the Realistic Avatars feature, and therefore these Avatars in no way represent our official policy or position on religion, ethnic group, club, organization, company, individual, or anyone or anything. We make reasonable efforts to moderate the Realistic Avatars feature by configuring the AI setting, which, in any case, are only those that are accessible to us. We do not and cannot moderate the User Content. By agreeing to the Terms and/or purchasing a subscription, you agree to the above disclaimer and waive any claims against us due to the generated Avatars. In case you find the Avatar offensive or otherwise unacceptable, please let us know by reaching out to us at email@example.com (for additional contact information, please, see Section 27 of these Terms “How to Contact Us”).
15. LIMITATION OF LIABILITY
The Company and the other Company Parties will not be liable to you under any theory of liability — whether based in contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if you have been advised of the possibility of such damages.
IN NO EVENT WILL COMPANY BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE OR FROM THE USE OF OR INABILITY TO USE VOGE EXCEED THE AMOUNTS YOU HAVE PAID TO USE VOGE OR TEN ($10) U.S. DOLLARS, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE.
In no event will the Company’s total liability arising out of or in connection with these Terms. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the Users and the acts or omissions of third parties. You expressly waive any rights you may have under any law or statute or common law principles that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
17. DISPUTE RESOLUTION; BINDING ARBITRATION
Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us.
Language and Venue: The arbitration proceedings shall be conducted in the English language. The venue and seat of the arbitration shall be HYDERABAD.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR voge MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 17 by notifying the Company in writing. The notification must be sent to:
Metabrix Labs Private Limited
Flat 2903, Tower A, Golf Edge Residency,
Near Wipro Circle, Madhava Reddy Colony,
In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 18.
18. GOVERNING LAW AND VENUE
TL;DR: this agreement is governed by Indian Law.
These Terms and your Use of voge will be governed by, construed and enforced in accordance with the laws of India and Courts at Hyderabad shall have exclusive jurisdiction.
19. CHANGES TO THESE TERMS
You acknowledge and agree that we have the right, in our sole discretion, to modify these Terms from time to time, and that modified terms become effective on posting. You will be notified of modifications through notifications or posts on our APPLICATION/WEBSITE. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Service after the effective date of the modifications will be deemed acceptance of the modified terms.
20. ELECTRONIC COMMUNICATIONS
You may opt-out of receiving promotional emails from us at any time through any of the following methods:
You may opt-out of push notifications by changing the settings on your mobile device.
We reserve the right, without notice and in our sole discretion, to terminate your right to Use voge. We are not responsible for any loss or harm related to your inability to Use voge. Upon any termination, discontinuation or cancellation of voge, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.
22. EXPORT AND ECONOMIC SANCTIONS CONTROL
The APPLICATION/WEBSITE and artificial intelligence may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.
23. COPYRIGHT AND TRADEMARKS
The APPLICATION/WEBSITE contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of the APPLICATION/WEBSITE, feature and functionality are owned by COMPANY, its licensors, or other providers of such material. COMPANY owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You shall not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of COMPANY or the copyright owner is permitted. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
COMPANY owns trademarks, registered and unregistered, and “COMPANY,” the COMPANY logos and variations thereof found on the APPLICATION/WEBSITE are trademarks owned by COMPANY and all use of these marks inures to the benefit of COMPANY.
There are other marks on the APPLICATION/WEBSITE not owned by COMPANY may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of COMPANY unless otherwise stated or may be the property of their respective owners. You may not use COMPANY’s name, logos, trademarks or brands, or trademarks or brands of others on the APPLICATION/WEBSITE without COMPANY’s express permission.
You must not:
24. FORCE MAJEURE:
Company is not liable for delay in the performance of its duties, obligations, or responsibilities hereunder due to force majeure. A force majeure impediment is an unforeseen event which occurs after acceptance of orders, and which is beyond Company’s reasonable control, such as strikes, blockade, war, mobilization, natural disaster, refusal of license by government or other stipulations or restrictions by the authorities, Internet service failures, delays, or availability issues (including downtime or service outages) or any other similar or dissimilar cause beyond the control of Company. Notwithstanding the foregoing, a force majeure does not extinguish your obligations to pay the applicable Fees.
Unless you request in writing, which may be via e-mail, to be added to the COMPANY unauthorized logos list, you agree to be identified as a customer of COMPANY and agree that COMPANY may refer to you by name, trade name and/or trademark, if applicable, and may briefly describe your business in COMPANY’s marketing materials and on COMPANY’s APPLICATION/WEBSITE. You hereby grant COMPANY a license to use your name and any of your trade names and trademarks solely in connection with the rights granted to COMPANY pursuant to this Section 25. You also grant COMPANY the right to add your name and company logo to our customer list and APPLICATION/WEBSITE.
26. ADDITIONAL TERMS APPLICABLE TO IOS DEVICES
The following terms apply if you Use voge on any device that contains the iOS mobile operating system (“App”) developed by Apple Inc. (“Apple”).
Metabrix Labs Private Limited
HOUSE NO 14 6 270,
CHUDI BAZAR DARGA,
HYDERABAD – 500012,
27. HOW TO CONTACT US
If you have any questions, complaints or claims with respect to these Terms or Voge, please contact us via email at firstname.lastname@example.org or our mailing address:
Metabrix Labs Private Limited
HOUSE NO 14 6 270,
CHUDI BAZAR DARGA,
HYDERABAD – 500012,