Terms of Service

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and VIVID VERSE GLOBAL, a company incorporated under the laws of the United Kingdom ("Company," "we," "us," or "our"), regarding your use of the Pixel Prism platform and related services (collectively, the "Service").

By accessing, using, or registering for our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Service.

These Terms may be updated from time to time. Continued use of the Service after such changes constitutes acceptance of the new Terms.

2. DESCRIPTION OF SERVICE

Pixel Prism is a comprehensive Software-as-a-Service (SaaS) platform that provides AI-powered digital marketing solutions, including but not limited to:

• AI-powered advertisement generation using machine learning algorithms and uploaded product images
• Product profile management and secure cloud storage
• Credit-based AI usage system with flexible consumption models
• Subscription management with multiple tier options
• Automated social media posting capabilities (planned feature)
• Advanced analytics tracking and performance monitoring (planned feature)
• AI-powered video creation and editing tools (planned feature)
• Intelligent direct message response systems (planned feature)
• Integration with third-party platforms and APIs
• Custom LoRA model generation for personalized AI outputs

The Service utilizes advanced artificial intelligence, including but not limited to large language models, computer vision, and generative AI technologies to provide marketing automation solutions.

3. ELIGIBILITY AND REGISTRATION

3.1 Age Requirements

You must be at least 18 years of age to use our Service. Individuals between 13-17 years may use the Service only with parental consent and supervision. By using the Service, you represent and warrant that you meet these age requirements.

3.2 Business Use and Authority

Our Service is primarily intended for business and commercial use. By registering, you represent that:

• You are acting on behalf of a legitimate business entity or as a sole proprietor
• You have the authority to bind such entity to these Terms
• Your business activities are lawful and comply with all applicable regulations
• You will use the Service for legitimate marketing and advertising purposes only

3.3 Account Registration and Security

You must provide accurate, complete, and current information during registration. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access
• Keeping your contact information up to date
• Using strong passwords and enabling two-factor authentication when available

4. SUBSCRIPTION PLANS AND BILLING

4.1 Subscription Tiers

We offer multiple subscription tiers with varying features and limitations:

• Free Plan: Limited features with 5 one-time AI credits and 1 product profile
• Starter Plan: $15/month with 50 AI credits and 2 product profiles
• Professional Plan: $25/month with 100 AI credits, 4 product profiles, automated posting, and analytics
• Enterprise Plan: $40/month with 300 AI credits, 8 product profiles, AI videos, and DM responses

4.2 Billing, Payment, and Taxes

• Subscriptions are billed monthly in advance via secure payment processing
• All fees are stated in USD and exclude applicable taxes
• You are responsible for all taxes, duties, and fees related to your use of the Service
• Payment processing is handled by Stripe, Inc., subject to their terms and policies
• We reserve the right to change prices with 30 days' advance notice
• Failed payments may result in immediate service suspension
• Late fees may apply for overdue accounts

4.3 Refunds and Cancellations

All subscription fees are generally non-refundable except as required by applicable law or in cases of service failure on our part. You may cancel your subscription at any time, with cancellation taking effect at the end of the current billing cycle.

4.4 AI Credits System

• AI credits are consumed based on usage of AI features and computational complexity
• Credits expire at the end of each billing cycle and cannot be carried over
• Additional credits may be purchased separately at prevailing rates
• Credit consumption rates may vary based on feature complexity and resource usage
• No refunds are provided for unused credits
• We reserve the right to modify credit pricing and consumption rates with notice

5. ACCEPTABLE USE POLICY

5.1 Permitted Uses

You may use our Service only for lawful purposes and in accordance with these Terms. Permitted uses include legitimate business marketing, advertising, and promotional activities that comply with applicable laws and industry standards.

5.2 Prohibited Activities

You expressly agree NOT to use the Service for:

• Any illegal, harmful, fraudulent, or deceptive activities
• Generating content that is defamatory, obscene, threatening, or harassing
• Creating advertisements for illegal products, services, or activities
• Violating intellectual property rights of third parties
• Uploading malware, viruses, or any harmful code
• Attempting to reverse engineer, decompile, or hack the Service
• Using the Service to compete with or harm our business interests
• Sharing, reselling, or redistributing your account access
• Generating content that promotes hate speech, violence, discrimination, or illegal activities
• Spamming or sending unsolicited commercial communications
• Manipulating or gaming the AI systems to produce inappropriate content
• Using the Service in violation of any applicable advertising standards or regulations
• Creating false or misleading advertisements
• Impersonating others or creating fake identities
• Interfering with the proper functioning of the Service

5.3 Content Responsibility and Compliance

You are solely responsible for all content you upload, generate, or distribute using our Service. You warrant that you have all necessary rights, permissions, and licenses for any content you provide and that such content complies with all applicable laws, regulations, and third-party rights.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Our Intellectual Property

We retain all rights, title, and interest in the Pixel Prism platform, including all software, algorithms, artificial intelligence models, proprietary technology, trademarks, copyrights, and trade secrets. Our Service is protected by intellectual property laws of the United Kingdom, United States, and international treaties.

6.2 Your Rights to Generated Content

Subject to these Terms and your active subscription status, you retain ownership rights in content you generate using our AI tools. However, we retain the right to use anonymized, aggregated data derived from your usage for improving our Service, developing new features, and training our AI models.

6.3 License to Your Uploaded Content

You retain ownership of content you upload to our platform. By uploading content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, store, reproduce, modify, and process such content solely for providing the Service, including training and improving our AI models.

6.4 Third-Party Rights

You must respect third-party intellectual property rights. Do not upload or generate content that infringes copyrights, trademarks, patents, or other proprietary rights. You are liable for any infringement claims arising from your use of the Service.

7. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our collection, use, storage, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our privacy practices as described in the Privacy Policy.

We comply with applicable data protection laws, including GDPR, CCPA, and UK Data Protection Act 2018. You have rights regarding your personal data as described in our Privacy Policy.

8. SERVICE AVAILABILITY AND MODIFICATIONS

8.1 Service Availability

While we strive to maintain 99.9% uptime, we do not guarantee uninterrupted service availability. Scheduled maintenance will be communicated in advance when possible. We are not liable for service interruptions due to factors beyond our reasonable control.

8.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice. We may also update these Terms, features, pricing, or system requirements as needed to improve the Service or comply with legal requirements.

9. ACCOUNT TERMINATION

9.1 Termination by You

You may terminate your account at any time by cancelling your subscription through your account settings or by contacting our support team. Upon termination, you will retain access to the Service until the end of your current billing period.

9.2 Termination by Us

We may terminate or suspend your account immediately, with or without notice, if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent, illegal, or harmful activities
• Fail to pay subscription fees when due
• Create security risks for our platform or other users
• Use the Service in a manner that could damage our reputation or business

9.3 Effect of Termination

Upon termination, your access to the Service will cease immediately. We may delete your account data after a reasonable retention period, though we may retain certain information as required by law or for legitimate business purposes.

10. DISCLAIMERS AND WARRANTIES

10.1 Service Disclaimer

THE SERVICE 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, NON-INFRINGEMENT, AND ACCURACY.

10.2 AI-Generated Content Disclaimer

AI-generated content may contain inaccuracies, biases, inappropriate material, or errors. You are solely responsible for reviewing, validating, and ensuring the appropriateness of all generated content before use. We do not guarantee the accuracy, quality, legality, or suitability of AI-generated content for any particular purpose.

10.3 Third-Party Services

Our Service may integrate with third-party platforms and services. We are not responsible for the availability, functionality, security, or policies of such third-party services. Your use of third-party services is subject to their respective terms and conditions.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIVID VERSE GLOBAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• DAMAGES ARISING FROM THIRD-PARTY CONDUCT OR CONTENT
• DAMAGES RELATED TO AI-GENERATED CONTENT OR ITS USE

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless VIVID VERSE GLOBAL, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Service
• Your violation of these Terms or applicable laws
• Your violation of any third-party rights, including intellectual property rights
• Content you upload, generate, or distribute using our Service
• Your business activities or advertising campaigns
• Any negligent or wrongful acts or omissions by you

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.2 Jurisdiction

Any disputes, claims, or controversies arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales. You consent to personal jurisdiction in such courts.

13.3 Dispute Resolution

Before initiating formal legal proceedings, the parties agree to attempt resolution through good faith negotiations for a period of thirty (30) days. If resolution cannot be achieved, disputes may be resolved through binding arbitration or court proceedings as appropriate.

14. ADDITIONAL PROVISIONS

14.1 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, strikes, government actions, or technical failures of third-party services.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

14.3 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

14.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. All waivers must be in writing and signed by our authorized representative.

15. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and VIVID VERSE GLOBAL regarding the Service and supersede all prior agreements, representations, and understandings.

16. CONTACT INFORMATION

For questions about these Terms, please contact us: