Terms of Service

Welcome

Welcome, and thank you for choosing Vendle as your go-to provider for cutting edge artificial intelligence software products and audio and visual alteration-enabled entertainment. We look forward to providing you with great services and products including our latest application, Vendle.

Vendle is a mobile application-based tool for applying various filters to photos and videos. Vendle is presently available through the Apple App Store and Google Play.

These Terms of Service, the "Terms of Service", "ToS", or "Agreement", govern the use of the Vendle app, "Vendle" or the "App", as well as the Vendle website vendle.ai, the "Website", and all services and products provided or otherwise made accessible through either of them, collectively the "Services".

The Website and Services and all Content therein are, unless otherwise designated, owned by IP Yuliya Reznik ("Vendle", "we", "us", or "our"). These Terms of Service, together with any documents they expressly incorporate by reference, are a legally binding agreement governing our relationship with all Users and visitors of the Website and their use of any Content, functionality and Services offered by Vendle.

By Using the App, you affirm that you are of legal age to enter into these ToS. If you have any questions about these Terms of Service or Vendle, please contact us via email at contact@vendle.ai. For additional contact information, please see Section 19 of these Terms, "Miscellaneous".

NOTE: Vendle uses a Neural Network Model that allows users to generate personalized AI Videos ("AI Videos"). How does it work?

• Vendle uses a Neural Network Model that allows users to generate AI Videos from their photo.
• Users upload 1 to 6 photos and select an effect from the Catalog.
• Using these data, GPT-image-1 and Neural Network models available in the Fal.AI service generate the AI Video.
• By using the App, Services or the Website, and via your click-through consent for the ToS, you accept and agree to abide by these Terms of Service and our Privacy Policy available at vendle.ai/privacy, which is incorporated herein by reference.

1. Who We Are and What We Do

WHAT WE ARE:

Vendle develops and owns various software-based products and services including our most recent application-based product, Vendle, which is available through App Store and Google Play.

Our suite of Services are intended to enhance User entertainment and customization experiences for User-generated audio and visual Content which they may then share and utilize throughout their social media and web-presences.

In addition to these ToS, all uses of Vendle, including purchases and downloads, are subject to the terms and conditions applicable to Apple App Store, Google Play and all Users must review and consent to those terms.

As such, Users accessing or utilizing the Vendle application must have an active Apple App Store account in order to download and install Vendle and must maintain such account and abide by all applicable terms of service/use, privacy terms and other terms associated with such account.

For all "free to use" versions of Vendle, our Users are not required to have a separate account with us, but certain paid premium features may require account establishment.

If you would like to use Vendle and any of its content for commercial purposes, you need to enter into a separate contract for commercial use with us.

Vendle is one of our Services and an application which allows Users to alter and enhance their own generated Content through the use of pre-fabricated video, photo and audio filters which we provide as built-in to the Vendle app as well as through our Services and Website otherwise.

In certain cases, filters which we provide to Users may also be "sponsored" which means that they have been created by or in cooperation with one or more of our affiliates or strategic marketing partners, including, in certain cases, for the exchange of separate financial compensation. Where this applies, the given filters are notated on the User accessible features of the Website and Vendle as "Sponsored".

WHAT WE ARE NOT:

Vendle is not a licensing or clearance agency nor are we a promotional entity for any other company. We are an independent developer and organization which creates and provides "free to use" Content for Users to alter and enhance their own audio and video material for their own personal use thereafter.

We do not require User payments for the accessing or use of the basic features of our Services and Content but in certain cases we may have premium features available which are usable and accessible upon paid subscriptions and/or singular purchase transactions.

In addition, while these ToS do govern our Website, most of our Services, including Vendle, are exclusively available for usage-access as an application and accordingly, even if you consent to these ToS upon visiting our Website, you will still be required to confirm your consent to these ToS when downloading and accessing our App.

2. Definitions

Content means any material, existing or having existed on or as part of our App, our Website or delivered through any of our Services in any fashion and from any origin and in any form whether digital, electronic, posted, deleted, archived, embedded, linked or contained in any subpage of our Website, any part of our App or Services or existing as data, designs, text, images, graphics, video recording, or code whether object, source or otherwise, and without limitation may generally be considered material which we have provided on or as part of the same, or which Users have provided, posted or uploaded to any of them.

Services means all programs, resources, tools, and usable Content provided by us as part of our App or otherwise available through our Website.

Subscriber means any party or parties purchasing a subscription to Services provided by Vendle, including as provided and otherwise available through our Website, whether said party is a business entity or an individual.

User shall include any and all Subscribers and any person or party using any of the Services or accessing any of the Content.

3. Minimum Age Requirement

Our Services are not intended for individuals who are under 13 years old. If you are under 13, you shall not use the App, our Website nor our Services and we will not be responsible for your use of the App, Website or the Services.

Further, any party allowing any person who is under the age of 13 to utilize this App, Website or the Services shall be in material breach of these ToS and may, without limitation, have any associated permission, subscription or other license which they hold or enjoy for accessing and using our App, Website and/or Services, immediately revoked.

Age limitation for the use of AI Models feature. Due to unexpected results of the AI Models feature, you should be at least of 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 contact@vendle.ai.

4. Subscriptions

The Services of Vendle are primarily free to use and thus do not require subscriptions. However, in certain cases we may make some features available from time to time which will be on a paid-subscription basis as premium services.

With respect to Vendle, these premium services may include additional features such as "subscription only" filters, functionality to allow for the removal of Vendle watermarks from our applied filters, and superior processing and Content saving capabilities for applied and generated filters.

Unless specifically provided for otherwise in a signed writing by an authorized officer of Vendle, any and all subscriptions shall be available from the date of purchase on either a paid monthly or annual basis, or where available, for a one-time fee granting perpetual use, subject to our terms regarding termination, and shall constitute non-exclusive, revocable, non-sublicensable licenses to access and use the Services and Content made available through such paid purchased subscription, subject to all rights, restrictions and terms stated herein, including the absolute right of Vendle to provide equivalent substitute Services as commercial practicability may require.

Except as otherwise specifically discussed herein, paid Subscriptions shall not be sublicensable or resellable in any fashion.

Subscription pricing shall be posted and made available at the point of sale; specific pricing terms and scope of Services subscribed to may be set by Vendle at the time of purchase by the concerned Subscriber and may be altered at any time as applicable to future payments due during any subscription period unless prepaid or guaranteed at a certain rate for a certain period of time.

Payments for subscriptions are not refundable except in such case that upon subscription purchase, the premium Content and Services is never provided nor made accessible, in which case, the concerned purchasing User must abide by the procedures for obtaining a refund through the sales platform, App Store, etc.

For avoidance of any doubt, subscriptions purchased in the App Store cannot be transferred to subscriptions on Google Play Store and vice versa.

Vendle can be used for commercial purposes only based on a separate agreement for commercial use.

4.1. Commercial Use and Business Plan Terms

If you represent a brand, business, or other commercial entity, including a dba or sole proprietorship ("Commercial User") and wish to use Vendle or any Content generated through Vendle for commercial purposes, you may do so by subscribing to our Business Plan, meaning your specific subscription plan and any applicable rights, limitation or obligations thereof.

Commercial use or commercial purposes includes, but is not limited to, marketing, advertising, promotion, sale of products or services, brand awareness, or any other commercial activity benefiting a business or brand.

By subscribing to our Business Plan, Vendle grants you a limited, revocable, non-exclusive, non-transferable license to use Vendle and any Content generated through Vendle commercially, subject to your compliance with these Terms of Service and any additional terms outlined specifically in your Business Plan agreement.

While explicit permission is not required, we kindly suggest and appreciate any commercial use including attribution through hashtag #VendleAI or inclusion of a Vendle watermark where appropriate.

To request a demo version, subscribe to a Business Plan, or inquire further about commercial licensing, please contact us at contact@vendle.ai.

Commercial Users, in addition to all generally applicable provisions of these Terms of Service, explicitly agree:

• Not to resell, sublicense, distribute, or otherwise alienate or grant access to Vendle or generated Content to third parties unless expressly allowed in writing by Vendle.
• To understand that Vendle reserves the right to monitor compliance and revoke the license upon breach of these terms or the terms of your specific Business Plan.
• That such Commercial User shall be responsible and shall indemnify, defend and hold harmless Vendle for and against any and all liabilities, losses, claims, penalties, taxes, fines, fees or damages of any kind arising from any and all actions, use or activity undertaken by any third-party benefiting from or accessing any Content or materials generated by such Commercial User or their agents or other allowed parties, including any purchasing third parties or end users of Content generated by said Commercial User, as well as for ensuring that any and all such persons/parties abide by all applicable provisions of these Terms of Service, understanding that a violation by them of any such provision may be treated as a violation by the Commercial User themselves.

Failure to adhere to these commercial use conditions may result in immediate revocation of your commercial use rights, termination of your Business Plan subscription and/or disallowance of use of Vendle in general, and potential legal action.

5. User Accounts

5.1. Accounts

Free to use Services of Vendle do not require User account creation. However, where subscription Services are purchased, Users may first be prompted to create and confirm their accounts with us and to provide certain registration details.

In such case, it shall be a condition for the use of our Services that all the information provided by Users upon creation and confirmation of the concerned accounts must be correct, current and complete.

All personal information provided by the Users shall be governed by our Privacy Policy.

5.2. Security of Username and Password

In all cases of creating and maintaining an account or otherwise accessing the Services, Users must treat their Username, password and other personal account information confidential, and must not disclose them to any other person or entity.

Users agree to notify Vendle immediately of any unauthorized access to or use of their Username or password or any other breach of security and to defend, indemnify and forever hold harmless Vendle in any event that such breach is the result of that User's breach of these ToS.

5.3. Account Termination

We reserve the right to terminate/suspend any User account and/or User access to any of the Services, if we consider doing so necessary, for any reason or no reason, without limitation, including by way of any violation of these Terms of Service or any other agreement between Vendle and a User, or the order/request of any regulatory, investigatory, law enforcement, government or judicial agency/entity.

You agree to release us now and forever from any and all liability incurred by you as a result of our termination/suspension of your account and that you shall indemnify, defend and otherwise hold us harmless for any liability, claims, damages, liens, penalties, fines or fees, including attorney's fees and/or accounting fees, which we incur or are brought against us by any party as a result, either directly or indirectly, of our decision to terminate your account or that of any other.

Fraud Detection. Our systems monitor the consumption of credits in relation to refund history. If an account shows a consistent history of multiple refunds, e.g., 3 or more, after the successful generation of content, it will be flagged for fraudulent activity.

You can upload your photos or videos to Vendle and create creative edits or AI Videos. 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 a permission to use that content: to process it, for our AI to generate your AI Videos, 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 AI Videos feature, this permission in relation to your uploaded photos automatically ends when your AI Videos are generated by our AI.

Therefore, solely for the purposes of operating or improving Vendle, you grant us a time-limited, revocable, non-exclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable licence to use, reproduce, modify, distribute, create derivative works of your User Content, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy.

The Company License is for the limited purpose of operating Vendle and improving our existing and new products, including but not limited to training Vendle's AI within and solely for your Use of AI Videos feature of the application or if otherwise implied by the Using of Vendle and its services, unless you have provided us your additional explicit consent for the different purpose where required by applicable law.

The Company License is time-limited in the sense that it automatically terminates when you delete the User Content from Vendle's library or by terminating your account with deletion of data associated with it.

Moreover, the Company License in relation to User Content you upload to Vendle to generate AI Videos is automatically terminated when your AI-generated content is ready.

6. Right to Amend

6.1. Right to Amend the Website and Services

We reserve the right to amend the App, the Website and the Services, and any feature, functionality or material that we provide through the App, the Website and/or the Services, at our sole discretion.

We will not be liable if for any reason our App, Website or Services are unavailable in whole or in part at any time or for any period.

From time to time, we may restrict access to some parts of the App, the Website and/or Services, or all of them.

6.2. Right to Disable Username and Password

We have the right to disable any Username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.

7. Intellectual Property Rights

7.1. Intellectual Property Rights Ownership

Subject to Section 10 below, the App, the Services, the Website and their entire Contents, features and functionality, including but not limited to all information, materials, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by Yuliya Reznik.

7.2. License to Use

Subject to the above-described subscription license(s), these Terms of Service permit Users to use the Services and the Website, including all materials available on the Website or through the Services, for personal, non-commercial use only.

Except for their personal use consistent with these Terms of Services, Users are not otherwise permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the materials provided through our App, Services and/or available on our Website.

For personal uses consistent with these ToS, these permissions, subject to the above-described revocable license, are granted.

Additionally, Users shall not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials provided or distributed by Vendle.

This is to say that everything you see on the app, apart from your photos, videos or AI Videos, is owned or licensed to Vendle. 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.

8. Trademarks

The names "Vendle" are trademarks of Yuliya Reznik and all related names, logos, product and service names, designs and slogans are owned by Vendle.

You must not use such marks without our prior written consent.

All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

9. Prohibited Uses

You may use our App, Services and Website only for lawful and non-commercial purposes and in accordance with these Terms of Service. You agree not to use any of them:

• in any way that violates any applicable federal, state, local or international law or regulation;
• for the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
• to stalk, abuse, use profanity, send sexually explicit communication, threaten, intimidate, act in a rude, vulgar, sexist, or derogatory manner, defame, insult, make racially offensive statements, or otherwise harass any User or other individual;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content standards set out in these Terms of Service;
• to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
• to impersonate or attempt to impersonate Vendle, another User or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
• to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our App, Services or Website or which may harm Vendle or our Users or expose them to liability;
• to solicit other Users into engaging into an illegal and unlawful activities and not to conspire with other Users into soliciting or committing such activities;
• in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Services;
• by use of any robot, spider or other automatic device, process or means granting access to the Services, App or the Website;
• by use any manual process to monitor or copy any of the material on the Website, App or Services or for any other unauthorized purpose without our prior written consent;
• by way of any device, software or routine that interferes with the proper working of the App, Services and the Website;
• to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, Website or any server, computer or database connected to the Website, App or Services;
• to attack the Website or App via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Website, App or Services;
• to modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App, Website, Services, and other proprietary information provided along with the same, or cause others to do so.

Due to the fact that we use AI technology in Vendle for creation of the AI Videos, you additionally represent, warrant and agree that you will not Use Vendle feature with Fal.AI technology and (or) OpenAI technology in the following ways, which are explicitly prohibited under its licence, and, in particular:

• In any way that violates any applicable national, federal, state, local or international law or regulation;
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
• To generate or disseminate verifiably false information and/or content with the purpose of harming others;
• To generate or disseminate personal identifiable information that can be used to harm an individual;
• To defame, disparage or otherwise harass others;
• For fully automated decision making that adversely impacts an individual's legal rights or otherwise creates or modifies a binding, enforceable obligation;
• For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
• To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
• For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
• To provide medical advice and medical results interpretation;
• To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).

You, furthermore, agree to abide by the Stable Diffusion AI technology licence, incorporated herein by reference, including its Attachment A. We have the right to monitor your Use of Vendle 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 Vendle. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the applicable law. We reserve the right to, in our discretion and at any time, suspend or discontinue Vendle, introduce new features or impose limitations on certain features, or restrict access to Vendle.

10. User Contributions

10.1. User Contributions Defined. The Website or the platforms through which the Services are offered or used may contain, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow Users to post, submit, publish, display or transmit to other Users or to Vendle Content or materials (collectively, "User Contributions") on or through the App, Website or the Services. User Contributions shall also include such Content as is generated by Users in the course of utilizing the Services (e.g. User-created Content). All User Contributions must comply with the Content Standards and not be violative of any Prohibited Uses as set out in these Terms of Service.

10.2. License to User Contribution and Ownership of Original User Content. Any User Contribution you post to the Website or which you generate or post to or through the App or any of the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a non-exclusive, unlimited, transferable, sub-licensable worldwide and royalty-free right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose or otherwise according to your account settings if and as applicable, including but not limited to advertising and marketing purpose, at Vendle's sole Discretion, if such use is allowed under your account settings. The foregoing notwithstanding, User-generated Content which is submitted to or through our App, Website or any Services platform shall remain the property of the submitting User or such other party who holds ownership rights over it. Similarly, those portions of any Content which is created by a User through the utilization of our Services and Content and which constitutes original material, shall also be the property of said creating User. However, in no case shall any User-created Content result in any loss of ownership of our own Content and in all cases where User-created Content comprises a combination of User Content and our Content, each of us shall retain ownership of those parts of the Content as a whole, which belonged to us prior to such creation and any combined work thereof, shall be subject to the license terms as stated in this, Section 10.2 and as otherwise provided in these ToS.

10.3. User Representation and Warranties. You represent and warrant that: You own or control all rights in and to the User Contributions or User-created Content otherwise, and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. All of your User Contributions and User-created Content do and will comply with these Terms of Service. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and any User-created Content which you create, and you, not Vendle have full responsibility for such Content, including its legality, reliability, accuracy and appropriateness. That you will not provide your account details and log-in information to third parties and that you will not log into the Website or access the App or any of the Services through another User's account.

10.4. Not Liable for User Contributions. We are not responsible, or liable to any third party, for the Content or accuracy of any User Contributions submitted or posted by Users and should you provide, upload, create or make available any Content which violates any provision of these ToS, you shall be wholly responsible for doing so and shall indemnify, defend and otherwise hold us harmless for any liability, claims, damages, liens, penalties, fines or fees (including attorney's fees and/or accounting fees) which we incur or are brought against us by any party as a result of such violation by you or any other party accessing your Content or account, whether or not on your behalf.

Use of AI Videos: Vendle gives you the ability to use AI as a tool to create Videos, the same way as you would use any other image creation tools or applications. You hold all of the rights to the Videos you generate through our AI. You are the one to decide how to use the generated Videos further. In particular, you are responsible to ensure that the way you are using the AI Videos you have generated is not breaking any laws, such as privacy and intellectual property laws, and that such use is not obscene, pornographic, harmful and doesn't spread harmful misinformation. If you are unsure that your intended use of the generated AI Videos would be legal, we advise you to err on the side of caution, especially if for plan using them for commercial purposes. However, we restrict its use for sale or to the benefit of any third party or in any manner not permitted by these Terms.

11. Monitoring and Enforcement; Termination

11.1. Enforcement. We have the right to:

• remove any User Contributions for any reason in our sole discretion;
• take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, infringes any intellectual property right, right of publicity or other right of any person or entity, threatens the personal safety of Users of the Website, App or Services, or the public or could create liability for Vendle;
• disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services and the Website;
• terminate or suspend your access to all or part of the Website, Services and/or App and any associated Subscription for any or no reason, including without limitation, any violation of these Terms of Service;
• without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website, Services or App. YOU WAIVE AND HOLD HARMLESS Vendle AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Vendle/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Vendle/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

11.2. No Liability and General Liability Limitation. We do not undertake to review the material before it is posted on the Website or through use of the Services or the App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or Content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. Furthermore, with respect to any and all claims arising by virtue of our relationship with you, arising out of or in relation to your accessing or use of this Website, the App and any of our Services otherwise, our liability, in any and all cases, shall be limited in the aggregate and shall never exceed the total amount of subscription fees paid by you during or for the twelve-month period immediately following (or in the case of an initial subscription—encompassing) the time at which any such claim(s) accrued.

12. Content Standards. Third Party Content.

12.1. Content Standards. The Content standards specified herein apply to any and all User Contributions. They must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
• promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
• violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy;
• be likely to deceive any person;
• promote any illegal activity, or advocate, promote or assist any unlawful act;
• cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
• impersonate any person, or misrepresent your identity or affiliation with any person or organization;
• involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;
• give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

12.2. Content not meeting the standards. Any Content not meeting the above standards will be promptly removed.

12.3. Third-Party Content. Some of the Third-Party Content may be provided to you separately, including on and through third party websites. For the purposes of these ToS this Third-Party Content is subject to the relevant third party's own terms of use, which may be presented to you for acceptance by a website link or otherwise. The Services may also include or incorporate Third-Party Content licensed or provided to us by third parties that require us to pass through additional terms to you. You shall comply with all such applicable pass-through terms as they are made available to you as such terms may be updated, modified, or added from time to time. We may add or remove Third-Party Content from time to time. If you do not agree to abide by the applicable terms for any Third-Party Content, then you should not install, access, or use this Third-Party Content or any Services that include or incorporate the Third-Party Content.

13. Linking to the Website

13.1. Linking to Website. You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

13.2. Unauthorized Framing or Linking. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

13.3. Linking from the Website. We do not take responsibility and do not endorse any third-party websites, services and Content available on or linked to by the Website.

14. Subscription Fees and Management

14.1. Paid Subscription. Unless otherwise indicated by us in writing at the time of purchase, all subscriptions are issued on the designated term basis at the time of purchase and shall automatically renew for additional paid periods in all cases where they are subject to a set term (monthly or annual as opposed to unlimited term), until you cancel your subscription or we terminate it. In the case of cancellation, you will be charged for the remaining period on your present subscription, whether initial or renewal (see below). You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, the "Payment Method") at the time of purchase to use our Services. All payments made through the App are processed through the Apple App Store and you are responsible for being apprised of and abiding by any and all terms of subscription purchases that may be imposed through your use of the App Store and/or your payment processing provider or financial institution connect with the payment features of your App Store account. Purchases made through the Vendle website are sold by Paddle.com Market Limited, which acts as the Merchant of Record and authorised reseller for these transactions. Paddle handles payment processing, billing, and related customer support for website purchases. We reserve the right to change the processing method without notice. We reserve the right to offer different subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Service will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our offered subscription plans upon notice. All subscription fees are exclusive of all applicable government, state, provincial, municipal or other taxes which you agree to pay based on where you are primarily domiciled. In addition to any fees charged by Vendle, you may still incur charges incidental to using our Services, such as charges for Internet access, bank charges, etc.

14.2. Payment processing. Upon subscribing to our Services and providing a Payment Method, you authorize Vendle, as applicable, to charge you a recurring subscription fee or a one-time fee at the then current rate, and any other charges you may incur in connection with your use of our Services. The subscription fee for our Services will be billed at the beginning of the paying portion of your subscription and each month or year thereafter, as applicable, unless and until you cancel your subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing at any time.

14.3. Cancellation. You may cancel your subscription to our Services at any time, and you will continue to have access to the Services through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS OR PARTIAL USE OR ACCESSING OF PRODUCTS OR SERVICES. If you cancel your subscription, your account will automatically close at the end of your current billing period.

14.4. Taxes. You are responsible for paying all taxes associated with the subscription to the Services. Any and all payments by or on account of the subscription fee(s) payable to us shall be made free and clear of and without deduction or withholding for any taxes. If you are required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, we receive an amount equal to the sum we would have received had no such deduction or withholding been made.

14.5. Refunds. Subscriptions purchased via an App Store are subject to such App Store's refund policies. This means we cannot grant refunds. You will have to contact App Store support. Subscriptions purchased via website are subject to the following terms: you have the right to cancel the subscription and obtain a refund within 14 days without providing any reason. The cancellation period shall expire 14 days from the day following the completion of the transaction. To comply with the cancellation deadline, it is sufficient that you notify us at contact@vendle.ai if your decision to exercise your right of cancellation before the expiry of the 14 day period. This right of cancellation applies only if the subscription has not been activated or used in any way during the cancellation period. Once the subscription has been accessed, activated, or otherwise utilized, you acknowledge and agree that you lose your statutory right of cancellation.

15. Copyright Infringement

15.1. Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website, App or any of the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Website or any party of the App or Services platform controlled by us by submitting written notification to our Copyright Agent (designated below), which must include substantially the following: Your physical or electronic signature. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address). A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law. A statement that the information in the written notice is accurate. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated Copyright Agent to receive such written notifications is: Yulia Reznik, Email: contact@vendle.ai. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

15.2. Counter Notification Procedures. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated [above/below]. Pursuant to the DMCA, the Counter Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
• Our designated agent to receive Counter Notices is: Yulia Reznik, email: contact@vendle.ai

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

16. Disclaimer of Warranties

Sometimes the things may not work out as planned. And we don't claim or guarantee that Vendle will always work perfectly. Just as we can't claim or guarantee that you won't see any unexpected results while generating your AI Videos – 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 contact@vendle.ai to help us improve Vendle's user experience.

16.1. No Liability for Technologically Harmful Material. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website, App or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the services and the website or any services or items obtained through the app, website or services or to your downloading of any material posted on or through any of the same, or on any website linked to any of them.

16.2. Disclaimer of Warranties. Your use the App, the website, the content either, and any services or items obtained through the App, the website or services is at your own risk. The App, website, its content and any services or items obtained through the App, website and services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither Vendle nor any person associated with Vendle makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of any of them. Without limiting the foregoing, neither Vendle nor anyone associated with Vendle represents or warrants that the App, the website, the content of either, or any services or items obtained through them well be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website, App or the services or the server(s) that makes them available are free of viruses or other harmful components or that the website, App, or any services or items obtained through them will otherwise meet your needs or expectations. Vendle hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

AI Videos feature in Vendle uses external technology Fal.AI and OpenAI. Due to this, we cannot fully control the results generated by the AI Videos feature, and therefore these Avatars in no way represent our official policy or position on religion, ethnic group, club, organisation, company, individual, or anyone or anything. We utilize automated safety filters and moderation mechanisms provided by our third-party infrastructure partners (including fal.ai and Google) to actively prevent the generation of prohibited, harmful, or offensive User Content. However, due to the inherent unpredictability of artificial intelligence, no filtering system is entirely flawless. By agreeing to these Terms and/or purchasing a subscription, you acknowledge this automated moderation process and waive any claims against us arising from the generated Avatars. If you encounter a generated Avatar that bypasses these filters and is offensive or otherwise unacceptable, please report it immediately by reaching out to us at contact@vendle.ai.

17. Additional Limitation of Liability

In no event will Vendle, its affiliates or their licensors, service providers, employees, agents, officers or directors to be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, the App, any content on or available through them or any services or items obtained through the same, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnification

You agree to defend, indemnify and hold harmless Vendle, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the App, the Website or the Services, including, but not limited to, your User Contributions, any use of the Website's Content, Content existing as part of or accessible through the App or Services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the App, Website or the Services. Every term of these ToS are deemed to be material and you expressly agree that any violation of any provision of this Agreement by or allowed/caused by you, shall constitute a material breach.

19. Miscellaneous

19.1. Governing Law and Jurisdiction. All matters relating to the App, the Services and the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Armenia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts, including on the basis of inconvenient forum.

19.2. Waiver and Severability. No waiver by Vendle of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Vendle to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

19.3. Entire Agreement. The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Vendle with respect to the Website, the App and the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

19.4. Amendments. Please note that we reserve the right to revise and update these ToS from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website, the App and any of the Services thereafter.

19.5. Your Comments and Concerns. This website is operated by Vendle. All feedback, comments, requests for technical support and other communications regarding the Website, App or Services should be sent to: contact@vendle.ai