Virtual Humans App Terms of Service
Welcome to Virtual Humans
These Terms of Service ("Agreement") are a legally binding contract between you ("User" or "you") and Virtual Humans. ("Virtual Humans", "we", "us", or "our") that governs your use of the Virtual Humans mobile application, our website (pending development), and any other services offered by Virtual Humans (collectively, the "Services").
By accessing or using the Services in any manner, including but not limited to visiting or browsing the App or contributing content, information, or other materials to the App, you agree to be bound by this Agreement, our Privacy Policy, and any other policies or agreements made available to you. If you do not agree to all the terms and conditions of this Agreement, do not use or access the Services.
1. Eligibility and User Account
- To access and use the Services, you must be at least 18 years of age or older. By agreeing to this Agreement, you represent and warrant that you are of legal age to form a binding contract with Virtual Humans.
- You may be required to register an account to access certain features of the Services. You agree to (a) provide accurate, current, and complete information, (b) maintain the security of your password and identification, and (c) be fully responsible for all use of your account and for any actions that take place using your account.
2. Prohibited Conduct
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud; (x) interfering with the proper working of the Services; or (xi) bypassing the measures we may use to prevent or restrict access to the Services.
3. Intellectual Property Rights
- User Content: You retain all your ownership rights in your content, but you are required to grant limited license rights to Virtual Humans and other users of the Services. By submitting content to Virtual Humans, you grant Virtual Humans a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Services and Virtual Humans' (and its successors' and affiliates') business.
- Virtual Humans Content: Except for your content, all materials within the Services, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, trade secrets, and domain names (collectively "Virtual Humans Content"), are owned by or licensed to Virtual Humans and are subject to copyright and other intellectual property rights under both foreign laws and international conventions.
4. Disclaimers & Limitations of Liability
- The Services are provided "AS IS" and "AS AVAILABLE." Virtual Humans and its affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Virtual Humans will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Virtual Humans has been informed of the possibility of such damage.
5. Arbitration and Governing Law
- Arbitration Agreement: You and Virtual Humans agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services shall be settled by binding arbitration between you and Virtual Humans, except that each party retains the right to bring an individual action in small claims court.
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia in The United States of America, without regard to its conflict of law provisions.
6. General Terms
- Modification: Virtual Humans reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes.
- Entire Agreement/Severability: This Agreement, together with any amendments and any additional agreements you may enter into with Virtual Humans, shall constitute the entire agreement between you and Virtual Humans concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
- Consent to Share Consumption Data with Apple:
By using our app and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. We ensure that such data sharing is done in compliance with Apple's policies and only as necessary to process your requests.
Contact Information
If you have any questions about these Terms, please contact us on our contact page.
