Terms of Service

Effective Date: January 2, 2024

Welcome to VisualRiff! These Terms of Service ("Terms") govern the relationship between VisualRiff, Inc. ("VisualRiff," "we," "us," or "our") and the individual or entity ("you," "your," or "user") accessing or using our services, website, or application (collectively, the "Service").

By using the Service, you agree to these Terms. If you do not agree, please stop using the Service immediately. This Agreement may be updated from time to time. Continued use of the Service after updates constitutes acceptance of the revised Terms.

1. Service Description

VisualRiff offers a platform for generative AI-powered image editing and visualization, including features like transparent layers, semantic segmentation, infinite canvases, and community collaboration. The Service is provided "as is," and its availability, features, or functionality may change at any time.

We do not guarantee the quality, uptime, or reliability of the Service. You are solely responsible for determining the suitability of the Service for your use.

2. Eligibility

You must be at least 13 years old to use the Service. If you are not of legal age to consent to these Terms in your jurisdiction, your parent or guardian must agree on your behalf.

By using the Service, you represent that:

  • You meet the minimum age requirements.
  • You have the authority to agree to these Terms.

3. User Conduct

When using the Service, you agree to:

  • Use the Service only for lawful purposes.
  • Refrain from uploading, sharing, or generating any content that infringes the rights of others, including intellectual property rights.
  • Avoid using the Service to create content that is harmful, hateful, offensive, or otherwise violates community standards.
  • Respect the rights and privacy of others.

We reserve the right to investigate violations and take appropriate action, including suspending or terminating your access to the Service.

4. Content Rights

Your Rights

You own the content and assets you create using the Service, subject to these Terms and applicable laws. Ownership is limited as follows:

  • Content remains subject to third-party rights where applicable.
  • You must have a valid paid subscription for commercial usage if your business exceeds $1,000,000 USD in annual revenue.
  • Assets derived from others' public work remain the property of the original creators.

Our Rights

By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute your content for operational, promotional, and research purposes. This license continues even if you stop using the Service.

Public and Private Workspaces

By default, your content is publicly viewable and remixable within the Service unless explicitly marked private. Private content is only available to invited collaborators or within private spaces.

5. Payment and Subscription

Billing

Subscriptions are billed in advance based on your selected plan. Payments are processed through third-party providers, and their terms apply.

Cancellation

You may cancel your subscription at any time. Cancelation will stop future charges but does not provide refunds for the current billing cycle.

6. Prohibited Activities

You may not:

  • Use the Service to create deceptive or harmful content.
  • Attempt to bypass any restrictions, rate limits, or security measures.

7. Community Guidelines

To foster a respectful and creative environment, users must:

  • Be respectful and considerate in interactions with others.
  • Avoid creating or sharing content that is offensive, violent, or inappropriate.
  • Respect others' intellectual property and refrain from unauthorized use of their work.

Violation of these guidelines may result in suspension or termination of your account.

8. Intellectual Property

The VisualRiff platform, including its design, functionality, and content, is owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without prior written consent.

9. Dispute Resolution

Arbitration

All disputes arising out of or related to these Terms shall be resolved through binding arbitration under the rules of the American Arbitration Association. Arbitration will occur in San Francisco, California, and the arbitrator's decision will be final and binding.

Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles.

10. Limitation of Liability

We provide the Service "as is" without warranties of any kind. To the maximum extent permitted by law, we are not liable for indirect, incidental, or consequential damages arising from your use of the Service.

Our total liability for any claims relating to the Service is limited to the amount you paid us in the past 12 months.

11. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms or other misuse. Upon termination, your license to use the Service ends, but sections related to intellectual property, liability, and dispute resolution will survive.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of significant changes through the Service or by email. Continued use after updates indicates acceptance of the revised Terms.

Contact Information

If you have questions or concerns about these Terms, please contact us at:

VisualRiff, Inc.
cyrus@VisualRiff