Terms of Service
Last updated March 18, 2024
Welcome to VSona! These Terms of Service ("Terms") constitute a legal agreement between you ("You" or "User") and VSona, a brand operated by VSona.ai ("Company," "VSona," "we," or "us"). These Terms govern your use of the VSona website available at https://www.vsona.ai, the related applications (the "App"), and all services, content, tools, features, and functionality offered through our Website and App (collectively referred to as the "Services").
Please read these Terms carefully, as they outline your legal rights and obligations. By accessing or using the Services, you agree to be bound by these Terms. If you do not understand or agree with any part of these Terms, please refrain from using the Services.
Use of the Services
Registration Obligations
Certain features of the Services may require you to complete a registration process. If you choose to register, you must provide accurate, current, and complete information about yourself as requested in the registration form. Your use of the Services is also subject to our Privacy Policy. If you are under 13 years old or, if you are an EU citizen or resident under 16 years old, you are not authorized to register for or use the Services.
By using Gmail to register, you agree to all terms of service and privacy policy outlined in this Terms of Service agreement.
Member Account, Password, and Security
You are responsible for maintaining the confidentiality of your account credentials, including your password. You are also fully responsible for all activities that occur under your account. If you suspect any unauthorized use of your account or a security breach, please notify VSona promptly. VSona will not be liable for any loss or damage arising from your failure to comply with this obligation.
Modifications to the Services
VSona reserves the right to modify or discontinue the Services, either temporarily or permanently, with or without prior notice. You agree that VSona will not be liable to you or any third party for any such modifications, suspensions, or discontinuations.
General Practices Regarding Use and Storage
VSona may establish general practices and limitations regarding the use of the Services, including data retention periods and storage space. You acknowledge that VSona is not responsible for the deletion or failure to store any data or content on the Services. VSona reserves the right to terminate inactive accounts and change these practices and limitations at its discretion.
Fees & Payments
As a user, you are obligated to meet all payment requirements associated with fees levied on your account ("Fees") as dictated by the prices and stipulations listed on the applicable pricing page or otherwise outlined in agreements between you and VSona in writing. VSona reserves the right to rectify any inaccuracies or errors in pricing, even after an invoice has been issued or payment received. Users are required to provide accurate and complete billing information, inclusive of a valid and authorized method of payment. VSona, or its approved third-party payment processors, are authorized to charge submitted payment methods for the incurred Fees on a pre-established, periodic cycle, subject to alteration at the discretion of VSona. Users bear the responsibility for ensuring successful payment completion, with failure to achieve this may result in a written notice from VSona, a potential suspension of access to services until payment obligations are met. All Fees are payable in U.S. dollars and are nonrefundable, except as provided in this Agreement. Prolonged default in payment obligations may result in a suspension of access to the services after we provide written notice of such delinquency.
Pricing Alterations
VSona asserts its rights to amend its pricing structure as it deems necessary. Changes in pricing will be communicated by posting a notice to your account and/or on our Website. Pricing alterations become immediately applicable to your account after the commencement date of the changes.
Conditions of Use
User Conduct
In addition to complying with our Acceptable Use Policy (which is incorporated into these Terms), you agree to adhere to the following conditions when using the Services:
a. You shall not upload or transmit any Content that:- Infringes upon any intellectual property or proprietary rights.
- Violates any applicable laws or contractual agreements.
- Contains viruses or other malicious code.
- Poses privacy or security risks.
- Constitutes unsolicited or unauthorized advertising, spam, or solicitations.
- Is unlawful, harmful, threatening, abusive, defamatory, obscene, or objectionable.
b. You shall not interfere with the Website, App, or Services' operation, or disobey any network or server requirements.
c. You shall not violate any local, state, national, or international laws or regulations.
d. You shall not impersonate any person or entity, or solicit personal information from individuals under 18 years old.
e. You shall not harvest or collect email addresses or other user information for unsolicited communications.
f. You shall not engage in illegal activities or provide instructions on illegal activities.
g. You shall not attempt to circumvent any technological measures protecting the Services.
h. You shall not reverse engineer, disassemble, or attempt to access Services source code without proper authorization.
i. You shall not create or upload malicious or abusive content or violate any VSona policies.
j. You shall not infringe upon intellectual property rights or other rights of any person or entity.
Breach of these terms may culminate in immediate suspension of your access to the VSona Service and may warrant additional actions, including legal recourse if necessary. In instances of termination due to the infringement of VSona's Terms of Service, VSona retains the discretion to decline a full or partial refund of any unused, prepaid time or credits outstanding at the point of termination. VSona retains the right, at its sole discretion, to block, limit, or erase any content contravening these terms without prior notification or liability.
Intellectual Property Rights
User Content Uploaded to the Site
With regard to the content or materials you upload to or create using the Services ("User Content"), you represent and warrant that you own all rights to such User Content, including copyrights and publicity rights. By creating or uploading User Content, you grant VSona a nonexclusive, worldwide, royalty-free license to use, display, modify, and distribute your User Content for any VSona-related purpose.
Personas, Characters, and Generations
For any automated AI character ("Character" or "Persona") you create or upload using the Service, you own all rights in that Character and any text, images, audio, or video it generates ("Generations"). Subsequently, any user initiating or prompting Generations from your Character through interaction shall be awarded sole and exclusive proprietary rights for the specific Generations elicited through said interaction. This bestowed grant applies exclusively to any user of the Service. Moreover, it is explicitly provided that all users bear the absolute responsibility and accountability for any Generations their interactions produce. Consequently, VSona, its affiliates, or any associated parties, expressly disclaim any liability, accountability or responsibility for creations or Generations generated by users. This disclaimer of liability extends to, but is not limited to, adherence to laws, regulations, intellectual property rights, or any potential harm or damages caused by said Generations. Thus, users conclusively and unequivocally hold rights, ownership, and responsibility for all Generations elicited from a Character.
Website or Services Content, Software, and Trademarks
The Website, App, and Services may contain content or features protected by intellectual property laws. You agree not to engage in data mining or use automated data gathering methods. Any use of the Services, Site Content, or trademarks without express permission is strictly prohibited. The VSona name and logos are trademarks of VSona (the "VSona Trademarks"). Other trademarks used on the Website or Services may belong to their respective owners. No license or right to use any VSona Trademarks is granted without prior written permission.
DMCA Takedown Notice
VSona proactively upholds its commitment to respond to notices of Persona infringement, which includes violation of copyright, trademarks, and the unauthorized use of your publicity or any other intellectual property rights. These are done in adherence to the provisions stipulated under the Digital Millennium Copyright Act ("DMCA"), as well as laws of similar nature in other jurisdictions. Users found to be chronically infringing upon rights will have their access to the Service terminated.
If you have reasonable grounds to believe that your Persona has been reproduced in a manner that significantly infringes on your copyrights, trademarks, or any other intellectual property rights, you are encouraged to issue a written infringement notice to our designated contact, hi@vsona.ai.
For the successful processing of your infringement claim regarding a Persona on the Service, it is required that you are either the rights holder or a duly authorized representative of the rights holder. Your notice should encompass the following content:
- A clear identification of the Persona, copyright, trademark, publicity rights, or other intellectual property rights alleged to have been infringed;
- Identification of the purportedly infringing Persona necessitating removal, coupled with a comprehensive description of the specific location (i.e., URLs) within our Service containing the Persona, aiding in locating the Persona;
- Your genuine contact data such as your full legal name (not a pseudonym) and email address;
- A formally issued declaration housing:
- A statement attesting to your good faith belief that the implicated Persona's use contravenes the permissions granted by the intellectual property rights owner, its agent, or contravenes established laws;
- A statement declaring the accuracy of the information in the submitted notice; and
- A statement, subject to penalties for perjury, affirming your legal authority to act on behalf of the intellectual property owner whose rights are allegedly being violated.
- Your authentic physical or electronic signature, along with your full legal name.
Take due note that we will share your Persona infringement notice, including your contact information, to the concerned party whose Persona is slated for removal, giving them clarity on the termination of their Persona's presence on our Service and also facilitating dispute resolution attempts.