vidvatar

Terms of Service

This TERMS OF SERVICE was last updated on [19/3/2021].(“Date of Revision”)

Welcome to VidAvatar (the “App”), which is provided by Deepart Limited (“we”,“us” or“our”). You are reading the terms of service (the “TOS”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the APP and our related services, applications, content (collectively, the “Services”). Our Services are provided for private, non-commercial use. For purposes of the TOS, “you” and “your” means you as the user of the Services.

By downloading, updating, accessing and/or using the App, you agree to be bound by this TOS. You understand and agree that we will treat your access or use of the APP as acceptance of the TOS and our Privacy Policy from that point onwards. You agree that by downloading the App from the Apple Store, Google Play or other distribution platforms, You are bound by the respective terms and conditions of such distribution platforms ( indicated or recognized by us ).

1. Changes to this TOS

We reserve the right to update or make changes to this TOS from time to time in our sole discretion, and we may notify You of changes by making the revised version of this TOS accessible through the App, which changes will become effective immediately. You can determine when this TOS was last revised by referring to the “Date of Revision” at the top of this TOS. Your continued access or use of the App after any changes to this TOS have been posted means Your agreement and consent to such changes. Please return to this TOS periodically to ensure familiarity with the latest version of this TOS.

2. Description of Services

2.1 VidAvatar is an online motion-transfer application that uses artificial intelligence algorithms to generate a unique content (“Services”). You may use VidAvatar immediately with no registration form being submitted. You can choose a motion-model, by finding it available within Pre-sets video-list, for further motion-transfer, and then upload a photo or picture from your mobile device in the supported format and file size (“Uploaded content”). After that, you can click the generating button “[Confirm]” or any other similar option. VidAvatar artificial intelligence algorithms scan a chosen image, make motion-transfer them into a new object –a video (“Generated content”). You hereby grant us an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, assignable right and license to use any image, photo or other content uploaded by You to the App for the purposes of providing the functionality available on the App.

2.2 Subscription. We retain a right, at our sole discretion to introduce some services, which will be available only for paid subscribers. The subscription begins after the initial payment is processed. The payment should be performed via the method and in the amount indicated at the time of the purchase. You are responsible for payment of all fees, charges and taxes (if required by law) related to the transaction. Please note that if you download the App from a distribution platform which is not indicated or recognized by us, we are not responsible for any costs or liability arising from your action.

2.3 We reserve the right to change the Services scope listed herein and change charging standard applicable to the Services at any time for any reason in our sole discretion and without notice. We are entitled to stop or restrict provision of the Services in full or in part toward a certain user. We retain powers to discontinue provision and/or support of the Services without any prior notice.

3. Legal Capacity

You represent that:

  • (a) if You are entering into this TOS on behalf of another person, You are duly authorized by such person to enter into this TOS which will be binding upon both You individually and such other person (and“You”as used in this TOS shall refer to both);
  • (b) You are of the legal age to form a binding contract with us;
  • (c) if you are under the legal age, You shall access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms and subjected to the local laws and regulations;
  • (d) You are not a person barred from subscribing to, using or accessing the App under the laws of the Hong Kong Special Administrative Region (HKSAR) or other applicable jurisdiction.

4. User’s rights and obligations

4.1 By entering into this TOS, We hereby grants you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.

4.2 The functionality provided by the APP is for your private entertainment only, and we are not responsible for any legal liability arising from your unlawful or improper use of the functions mentioned above.

4.3 You shall be the sole owner of, or otherwise have all requisite rights and licenses to use the photos you uploaded. You warrant that the creation, modification or any other use of the uploaded photos does not infringe or violate any rights of any third party, including any intellectual property rights, data privacy rights, rights of publicity and privacy rights.

4.4 In accessing and using the App, You agree to abide by the following rules, restrictions and limitations:  

  • a. You will not modify, translate, adapt or reformat the App;
  • b. You will not decipher, decompile, disassemble, or reverse-engineer, or otherwise attempt to discover the source code or structure of, the software or materials comprising the App (except where the foregoing is permitted by applicable local law notwithstanding such restrictions, and then only to the extent that such intended activities are disclosed in advance in writing to us);
  • c. You will not interfere with or circumvent any security feature of the App or any feature that restricts or enforces limitations on the use of the App;
  • d. You will not use the App to gain unauthorized access to our or any third party's data, systems or networks;
  • e. You will not use the App in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt our systems and networks, or otherwise interfere with other users' use of the App;
  • f. You will not use the App to create content which: (a) is offensive as based on a person's age, color, race, national origin, gender identity, sexual preference or disability; (b) is unlawful, hateful, violent, threatening, harassing, racist, libelous, defamatory, profane, obscene, indecent, lewd, pornographic, abusive, harmful, sexual or otherwise objectionable; (c) is fraudulent or deceptive; (d) infringes or violates any copyright, patent, trademark, trade secret or other intellectual property right of any party; (e) contains any personal or private information of a third party without such third party's consent; (f) contains information or content which You do not have the right to use; or (g) promotes or solicits illegal activities and products.
  • g. You will not use the App in any way that violates any rights of a third party, including intellectual property rights, data privacy rights, rights of publicity and privacy rights;
  • h. You will not use the App in any way that, in our sole discretion, may expose us and others to liability or damages;
  • i. You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained in the App;and
  • j. You will comply with all applicable laws in Your access and use of the App, including the laws of Your country or district if You live outside of the Hong Kong Special Administrative Region (HKSAR).

5. Ownership

We reserve and retain all right, title and interest (including all intellectual property rights) in and to the App and the technology, systems and software used to provide the App. We reserve all rights not expressly granted to You in this TOS. Subject to our ownership rights, as between You and us, You retain all intellectual property rights in to the images, photos and other content provided by you that are modified or processed through the App and are otherwise generated through the use of the App(collectively, the “Content”).  

6. Claims of Infringement

6.1 Copyright

If You believe in good faith that materials transmitted or created through the App infringe Your copyright, You (or Your agent) may send us a notice requesting that we remove the material or block access to it. Please provide the following information in writing:

  • (a) an electronic or physical signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted work;
  • (b) a description of the copyrighted work that You claim has been infringed upon and sufficient information for us to locate such copyrighted work;
  • (c) Your address, telephone number, and e-mail address;
  • (d) a statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • (e) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

infringement against You, You may send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent to us via email at: feedback@vidavatar.ai.

6.2 Other rights

If You believe in good faith that materials in or to the App infringe Your other rights, You (or Your agent) may send us a notice requesting that we remove the material or block access to it. Please provide relevant information that could prove basic facts of the infringement in writing when You contact us.

6.3 We have the right to suspend or terminate the use of the App by anyone engaged in suspected repeated any infringement involved above.

7. Indemnification

You agree to indemnify and hold us and our officers, directors, shareholders and employees harmless from and against any loss, costs, liabilities and expenses (including, but not limited to, attorneys' fees and expenses) resulting from Your breach of this TOS, Your use of the App, Content, and any infringement by You of any intellectual property or other right of any third party.

8. Termination; Assignment

8.1 This TOS will continue in effect until terminated by either You or us as set out below. You may terminate this TOS at any time by ceasing Your access and use of the App. In the case that you are a subscriber to us, the subsequent processing of fees shall be subject to the respective rules of the Apple Store and Google Play or other distribution platforms. We may terminate this TOS and your right to access or use the App, with or without notice to you, for any reason, including suspected breach of this TOS by You. Upon any termination of this TOS, Sections 5, 6, 7, 8, 9, 10, 11and 12 will survive.

8.2 We reserve and retain the rights to assign, transfer or subcontract the Services to any third parties. Notice will be posted on the APP and your continuing use or update of the APP means your consent to such assignment.

9. Disclaimers; Limitation of Liability

THE APP IS PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK.WE MAKE NO, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE APP, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

WE DO NOT WARRANT THAT: (A) THE APP (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED; (B) THE APP MEET YOUR REQUIREMENTS; OR (C) ANY ERRORS OR MALFUNCTIONS IN THE APP WILL BE CORRECTED.

WE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE APP, EVEN IFWE HAVEBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND ITS REASONABLE CONTROL. IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, OUR AGGREGATE LIABILITY FOR ALL CAUSES OF ACTION, DAMAGES, EXPENSES AND LOSSES OF ANY KIND AND NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Links to Third Party Websites and Services

The APP may contain links to third-party websites and services. Please note, their presence does not mean that they are recommended by us and we do not guarantee their safety and conformity with any your expectations. We are not responsible for maintaining any materials referenced from another website, and make no warranties for that website or respective service. We assume no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and services.

11. Governing Law; Dispute Resolution

This TOS shall be governed by and construed in accordance with the internal laws of Hong Kong Special Administrative Region (HKSAR) without giving effect to its conflict of law’s provisions, regardless of Your location.

Any dispute arising out of or in connection with the TOS, including any question regarding existence, validity or termination of the TOS, shall be referred to and finally resolved by the courts of HKSAR. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.

12. Miscellaneous.

12.1 If any provision of this TOS is found to be unlawful, void or for any reason unenforceable, that provision will not affect the validity and enforceability of any remaining provision and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties.

12.2 This TOS, together with the Privacy Policy and the following attachments, constitute the entire agreement between We and You pertaining to any and all access and use of the App and supersede any and all prior or contemporaneous written or oral agreements between us and You pertaining thereto. No amendment or waiver of this TOS will be binding on us unless set forth in a writing expressly identifying this TOS and signed by our officer and You.

12.3 Any caption, heading or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

13. Contact Us

If You have any questions regarding the use of the App or this TOS, please contact us at feedback@vidavatar.ai.