Terms of Service

Last Updated: November 25, 2024

Acceptance of Terms

Welcome to Voguel.ai ("Service"), operated by BIXIBYTE LTD ("Company", "we", "our", "us"). By accessing or using our Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must not use the Service.

Voguel.ai Service Overview

Voguel.ai allows users to create their own AI models, virtual influencers, or product models. Users can generate high-quality images, videos, and models ("Assets") by providing descriptive text prompts. These Assets can be used for personal or commercial purposes in accordance with our Terms of Service and guidelines.

Eligibility

By using our Service, you represent and warrant that you are at least 18 years old or have reached the legal age of majority in your country of residence. If you are under 18 or the legal age in your country (whichever is higher), you are prohibited from using this Service. It is your responsibility to ensure that you comply with your local laws regarding age restrictions for digital services. If you are using our Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

Account Terms

To access our Service, you must create an account either through third-party authentication providers (such as Google Sign-In) or other authentication methods we may offer. When connecting through third-party providers, you authorize Voguel.ai to access basic profile information necessary to provide the Service. Third-party authentication providers are not under Voguel.ai's control, and we are not responsible for any actions taken by these providers.

You must be a human; accounts registered by "bots" or automated methods are not permitted. You agree to provide accurate and complete information during registration and keep it updated. You are solely responsible for maintaining the security of your account credentials and all activities that occur under your account. Voguel.ai cannot and will not be liable for any loss or damage resulting from your failure to maintain account security.

You are responsible for all Assets generated and all activity that occurs under your account. We reserve the right to suspend or terminate accounts that violate these Terms or engage in prohibited activities. If you become aware of any unauthorized use of your account, you must notify us immediately at [email protected].

Ownership and Rights

Voguel.ai grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Service for personal or commercial use.

You own all Assets (images, videos, models) you create using our Service. We hereby assign to you all rights, title, and interest in and to such Assets for your personal or commercial use. The AI generation system may provide similar Assets to other users, and our assignment to you does not apply to Assets resulting from other users' use of the Service.

By using our Service, you grant Voguel.ai a perpetual, worldwide, non-exclusive, royalty-free license to use your input prompts and generated Assets to: (a) provide, maintain, and improve our Service, (b) comply with applicable laws, and (c) enforce our Terms. This license survives the termination of this Agreement.

If you provide feedback regarding our Service, you grant Voguel.ai an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free right to use such feedback for any purpose, including improving our Service and creating new features.

You may not: (a) reproduce, distribute, or create derivative works of the Service itself; (b) modify, reverse engineer, or attempt to extract the source code of the Service; or (c) circumvent any security features of the Service.

Subscription and Payment

Certain features of our Service require payment. All payments must be made with a valid credit or debit card. We process payments through secure third-party payment processors and do not store your payment information. All fees are in USD and are non-refundable, except as required by law.

We reserve the right to modify our pricing at any time. Any price changes will be communicated in advance and will take effect at your next billing cycle. Promotional offers may be available to certain customers at our discretion, but unless specifically offered to you, they will not apply to your subscription.

Subscriptions automatically renew for the same period unless canceled before the renewal date. You can manage your subscription through your account settings. By subscribing, you acknowledge that our Service provides immediate access to digital content, and due to the high costs of GPU processing and server resources, we cannot offer refunds once you have generated Assets. However, if no Assets have been generated, you can request a refund by contacting our support team at [email protected].

We may suspend or terminate access to paid features for accounts with unpaid fees. You are responsible for all applicable taxes and fees associated with your subscription. If your payment method becomes invalid, we reserve the right to suspend your account until valid payment is provided.

Prohibited Conduct

Illegal Activities and Harmful Conduct

  • Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
  • Create, generate, or distribute content that promotes violence, discrimination, hate speech, or harassment.
  • Engage in activities that could harm minors or vulnerable individuals.
  • Impersonate others or engage in fraudulent activities.
  • Distribute malware, viruses, or other harmful code.

Technical and Security Violations

  • Attempt to bypass or disable any security features of the Service.
  • Reverse engineer or attempt to discover the source code of the Service.
  • Use automated tools, bots, crawlers, or data mining software to access the Service.
  • Interfere with the Service's operation or other users enjoyment of the Service.
  • Attempt to gain unauthorized access to other users accounts or the Service's systems.

Content and Intellectual Property

  • Infringe upon any third party's intellectual property rights.
  • Generate or distribute content that is defamatory, obscene, or otherwise inappropriate.
  • Use the Service to create deepfakes or misleading content without proper disclosure.
  • Sell, transfer, or sublicense your account access or any generated Assets in violation of these Terms.

Commercial and Data Usage

  • Collect or harvest personal information about other users without consent.
  • Make unsolicited offers or advertisements to other users.
  • Use the Service for unauthorized commercial purposes.
  • Share or sell data obtained from the Service to third parties.

Voguel.ai reserves the right to investigate and take appropriate legal action against anyone who violates these provisions, including without limitation, removing the offending content, suspending or terminating the account of such violators, and reporting them to law enforcement authorities.

Limitation of Liability

To the fullest extent permitted by applicable law, you expressly understand and agree that Voguel.ai shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages (including but not limited to damages for loss of profits, goodwill, data loss, or any other intangible loss) arising out of or relating to your access to or use of, or inability to access or use, the Service or any materials or content on the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory.

Our aggregate liability for all claims relating to the Service shall be limited to the total amount you have paid to us for access to and use of the Service.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

Account Suspension and Termination

These Terms are effective from the moment you start using our Service and continue until terminated as described below.

Account Termination

You may stop using our Service at any time and delete your account by using the account deletion option available in your account settings or by contacting our support team at [email protected].

Suspension or Termination by Us

We reserve the right to immediately terminate, suspend, or restrict your account without notice if:

  • You breach any terms of this Agreement.
  • You attempt to obtain unauthorized refunds or chargebacks.
  • We need to comply with legal or regulatory obligations.
  • We cease providing the Service generally.
  • We need to protect our legitimate business interests.

Effects of Termination

Upon termination:

  • Your access to the Service will cease immediately.
  • Any remaining credits or balance will not be refunded.
  • You must pay any outstanding amounts due.
  • You are prohibited from creating new accounts.
  • You will retain ownership of your previously generated Assets.

Surviving Terms

Certain provisions will survive termination, including those related to intellectual property rights, warranties, liability limitations, confidentiality, and dispute resolution.

Indemnification

You agree to defend, indemnify, and hold harmless Voguel.ai, its affiliates, and each of its employees, contractors, directors, suppliers, and representatives from all liabilities, claims, damages, losses, and expenses, including reasonable attorneys' fees, that arise from:

  • Your use or misuse of the Service.
  • Your violation of these Terms or any applicable law.
  • Your violation of any third-party rights, including intellectual property, privacy, or publicity rights.
  • Any dispute between you and a third party.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claims.

Intellectual Property

All intellectual property rights in the Voguel.ai platform and services throughout the world belong to BIXIBYTE LTD or our licensors. The platform and services are licensed (not sold) to you, and you have no intellectual property rights in them other than the right to use them in accordance with these Terms.

Except for user-generated Assets, all content displayed or made available on Voguel.ai, including but not limited to text, illustrations, designs, logos, domain names, service marks, software, and the selection and arrangement thereof, is owned by BIXIBYTE LTD, its affiliates, or licensors. The platform and all its content are protected by copyright, trademark, and other intellectual property laws. All such rights are reserved.

Governing Law and Jurisdiction

These Terms are governed by the laws of Mauritius without regard to conflict of law principles. You and Voguel.ai submit to the personal and exclusive jurisdiction of the Supreme Court of Mauritius for resolution of any lawsuit or court proceeding permitted under these Terms. The Supreme Court of Mauritius comprises the Court of Civil Appeal and the Court of Criminal Appeal, with a Chief Justice, a Senior Judge, and additional judges overseeing various divisions and special courts. For matters beyond the Supreme Court, the Judicial Committee of the Privy Council in the United Kingdom serves as the final court of appeal.

We operate the Service from our offices in Mauritius, and we make no representation that materials included in the Service are appropriate or available for use in other locations. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of Mauritius.

Dispute Resolution

Before initiating any legal proceedings, you agree to attempt to resolve any dispute, claim, or controversy arising out of or in connection with these Terms through good faith negotiations. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation in Mauritius. Only if mediation fails may either party seek resolution through the courts of Mauritius as outlined in the Governing Law and Jurisdiction section.

Compliance with International Laws

Voguel.ai is committed to complying with international laws and regulations, including the General Data Protection Regulation (GDPR) for users residing in the European Union. We ensure that personal data is processed lawfully, fairly, and transparently. For more details, please refer to our Privacy Policy.

Changes to Terms

We may modify these Terms from time to time. We will notify you of any changes by posting the new Terms on this page and, for significant changes, by sending an email to the address associated with your account or through a notification on the platform. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

Contact Us

If you have any questions about these Terms, please contact us at [email protected]

BIXIBYTE LTD

79, La Hausse de la Louviere Street

1733-08 FLOREAL

MAURITIUS