Terms and Conditions

Last updated: January 06, 2023

Please read these terms and conditions carefully before using Our Service.

1. Introduction

Visonic AI represents a novel artificial intelligence platform designed to offer users advanced capabilities in [briefly insert the core functionality of the platform, e.g., image generation, text summarization, data analysis]. This platform aims to empower individuals and organizations by providing access to cutting-edge AI tools and services. These Terms and Conditions constitute a legally binding agreement that governs the relationship between you, the user, and Visonic AI. By accessing or using the Visonic AI platform, you acknowledge that you have read, understood, and agree to be bound by these terms, which outline your rights, responsibilities, and the conditions under which you may utilize our platform.

2. Acceptance of Terms

By accessing or using the Visonic AI platform, including but not limited to our website, any related applications, or any application programming interfaces (APIs) we may offer, you signify your agreement to these Terms and Conditions.1 This agreement applies to all visitors, users, and others who access or use the platform. Your continued use of the Visonic AI platform following any modifications or updates to these Terms and Conditions will constitute your acceptance of such changes. You represent that you are of legal age in your jurisdiction and possess the legal capacity to enter into a binding contract.2 If you are accessing or using the platform on behalf of an organization, you warrant that you have the authority to bind that entity to these Terms and Conditions.

3. User Accounts and Registration

To access certain features of the Visonic AI platform, you may be required to create a user account. The registration process may involve providing personal information such as your name, email address, and a chosen password.3 You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account.3 It is imperative that you use a strong password and consider enabling two-factor authentication if this feature is offered.5 You agree to provide accurate, complete, and current information during the registration process and to promptly update your account information as needed.3 Providing false or misleading information may result in the suspension or termination of your account. You must notify us immediately upon becoming aware of any unauthorized use of your account or any other breach of security.

4. Permitted Use of the Platform

The Visonic AI platform is intended to be used for lawful and legitimate purposes, as outlined within these Terms and Conditions.7 You are granted a non-exclusive, non-transferable, and revocable right to access and use the platform for its intended purpose, which includes [insert specific intended uses, e.g., generating creative content, performing data analysis, conducting research].8 The specific features and functionalities accessible to you may depend on your account type and any applicable subscription plan.

5. Prohibited Activities

Your use of the Visonic AI platform must adhere to the following guidelines. You are strictly prohibited from engaging in any of the following activities 1:

6. Intellectual Property Rights

The Visonic AI platform, including its underlying software, algorithms, AI models, design, user interface, graphics, logos, and trademarks, is the exclusive property of Visonic AI and its licensors, protected by copyright, trademark, and other intellectual property laws.1 You acknowledge that your use of the platform does not grant you any ownership rights or licenses to the platform or its components, except for the limited right to use the platform in accordance with these Terms and Conditions.

You retain ownership of the data, information, and materials that you input into the Visonic AI platform (“User Input”).3 Regarding the content generated by the AI based on your User Input (“AI Output”), the ownership of such output is a complex legal issue with varying interpretations.17 Visonic AI hereby assigns to you all rights, title, and interest, if any, in and to the AI Output generated in response to your specific User Input, to the extent permitted by applicable law. You acknowledge that the AI Output may be similar to content generated for other users and that Visonic AI makes no claim of exclusivity over such outputs.

By using the Visonic AI platform, you grant Visonic AI a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Input and AI Output for the purpose of providing, operating, maintaining, improving, and developing the Visonic AI platform and its services.3 This license includes the right for Visonic AI to make your User Input and AI Output available to other users of the platform in aggregated and anonymized forms for research and development purposes, unless you have specifically opted out where such an option is provided.

7. User-Generated Content

If the Visonic AI platform allows you to upload, post, or otherwise make available content beyond your direct input to the AI models (“User-Generated Content”), you are solely responsible for the legality, reliability, and appropriateness of such content.3 You represent and warrant that you have all necessary rights and permissions to share your User-Generated Content and that it does not violate these Terms and Conditions, infringe upon the intellectual property rights of any third party, or contain any offensive, harmful, or illegal material (refer back to Prohibited Activities). Visonic AI reserves the right, but not the obligation, to review, monitor, remove, or modify any User-Generated Content that we believe, in our sole discretion, violates these Terms and Conditions or is otherwise objectionable.1 You retain copyright and any other intellectual property rights you hold in your User-Generated Content. However, by sharing User-Generated Content on the platform, you grant Visonic AI a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content on and through the Visonic AI platform for the purposes of operating and promoting the platform.1

8. Data Usage and Privacy

Visonic AI is committed to protecting your privacy and the security of your personal information. Our practices regarding the collection, use, and disclosure of your data are detailed in our Privacy Policy, which is incorporated into these Terms and Conditions by reference.1 We encourage you to review the Privacy Policy to understand how we handle your information.

Regarding the use of your data for AI model training, Visonic AI may use User Input and AI Output to train and improve its AI models.17 When using data for training purposes, we may anonymize and aggregate the data to prevent it from being directly associated with any specific user.17 Where feasible and in accordance with applicable laws, we may provide you with options to opt out of having your data used for model training. Please refer to our Privacy Policy for more information on our data usage practices and your choices.

If you are accessing or using the Visonic AI platform from Australia or if we collect personal information from Australian residents, we comply with the Australian Privacy Act 1988 and the Australian Privacy Principles (APPs).37 Our Privacy Policy outlines how we adhere to the APPs in managing your personal information.

9. Accuracy and Limitations of AI Output

You acknowledge and agree that the AI Output generated by the Visonic AI platform is based on complex algorithms and machine learning models that have inherent limitations.14 While we strive to provide accurate and reliable results, the AI Output may not always be accurate, complete, or suitable for your specific needs or purposes.14 The AI models may also reflect biases present in the data used to train them.34 Therefore, you should exercise caution and critically evaluate the AI Output before relying on it for any decisions, especially those with significant personal, professional, or financial implications. We recommend that you independently verify any information provided by the platform. Visonic AI does not warrant or guarantee the accuracy, reliability, completeness, or suitability of the AI Output for any particular purpose.7 Your use of the AI Output is at your own risk.

10. Fees and Payment (if applicable)

If Visonic AI offers subscription-based or other paid services, the details of our subscription plans, billing cycles, and accepted payment methods will be clearly outlined on our platform.5 Subscription fees will be billed on a recurring basis according to your chosen plan, and we accept various forms of payment as indicated on our platform.5 We may offer free trials, discounts, or promotional offers from time to time, the terms of which will be disclosed at the time of the offer. Our policy on refunds and cancellations will also be made available to you.1 If you are an Australian consumer, our refund and cancellation policies are subject to your rights under the Australian Consumer Law, which provides certain guarantees that cannot be excluded, restricted, or modified.37 In the event of late or non-payment of fees, Visonic AI reserves the right to suspend or terminate your access to the paid services.12

11. Termination of Service

You may terminate your account at any time by following the account cancellation procedures provided on the Visonic AI platform.5 Visonic AI reserves the right to suspend or terminate your access to all or any part of the platform at any time, with or without cause, including but not limited to your breach of these Terms and Conditions 1, or if we decide to discontinue the platform or any part thereof.19 Upon termination, your right to use the platform will cease immediately. We may retain your User Input and AI Output for a reasonable period for archival or legal purposes, as outlined in our Privacy Policy.15 We may also delete your data in accordance with our data retention policies.

12. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE VISONIC AI PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.5 VISONIC AI DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, INFORMATION, OR AI OUTPUT PROVIDED THROUGH THE PLATFORM.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VISONIC AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE VISONIC AI PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VISONIC AI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.7 OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO VISONIC AI, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100.00), WHICHEVER IS GREATER.50 THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO DAMAGES ARISING FROM VISONIC AI’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

14. Indemnification

You agree to indemnify, defend, and hold harmless Visonic AI, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to (i) your access to or use of the Visonic AI platform, (ii) your User Input or User-Generated Content, (iii) your violation of these Terms and Conditions, or (iv) your infringement of any intellectual property or other right of any person or entity.12

15. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.1 Any dispute arising out of or relating to these Terms and Conditions or the Visonic AI platform shall be subject to the exclusive jurisdiction of the courts located in New South Wales, Australia.11 Before initiating any legal proceedings, you agree to first attempt to resolve any dispute amicably through good faith negotiations or mediation.103

16. Modifications to the Terms and Conditions

Visonic AI reserves the right to modify or update these Terms and Conditions at any time, in its sole discretion.1 We will endeavor to provide you with reasonable notice of any material changes, such as by posting the updated Terms and Conditions on our platform or by sending you an email notification.1 The date of the latest revision will be indicated at the beginning of these Terms and Conditions. Your continued access to or use of the Visonic AI platform after the effective date of any modifications constitutes your acceptance of the revised Terms and Conditions. If you do not agree to the updated terms, you must stop using the platform.

Conclusion

These Terms and Conditions establish a comprehensive legal framework governing the use of the Visonic AI platform. By adhering to these terms, users can engage with our AI services responsibly and securely. Visonic AI is committed to providing a valuable and innovative platform while ensuring a safe and respectful environment for all users. We encourage you to review these terms periodically for any updates.

Contact Us

If you have any questions, concerns, or feedback regarding these Terms and Conditions or the Visonic AI platform, please contact us:

• By email: hello@visonicai.com