Terms of Use and End User License Agreement

I. INTRODUCTION

These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and Vidream (“we,” “us” or “our”), concerning your access to and use of the “Vidream” software application for mobile devices (the “App”). The App's title may vary in countries other than the U.S. and is subject to change without specific notice.

All the documents that relate to the App are hereby expressly incorporated herein by reference.

Please read this Agreement carefully before you download, install or start using the App.

It is important that you read and understand this Agreement as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement, which takes effect on the date on which you download, install or start using the App.

If you do not accept this Agreement, or do not agree with at least one of its provisions, you may not access, download, install or start using the App, or in case you have already done anything of the above, you must delete the App from any mobile device in your possession or under your control.

II. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be deemed to have accepted the changes to any revised Agreement by your continued use of the App after the date such revised Agreement is posted.

III. RESTRICTIONS ON WHO CAN USE THE APP

In order to download, install, access or use the App, you must reach the age of majority or legal age in your applicable jurisdiction (i.e., in most jurisdictions, you must be at least eighteen (18) years of age or older).

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian in order for them to use the App. Therefore, if you are between the ages of thirteen (13) and seventeen (17) years old and you wish to access, download, install, or use the App, before doing anything of the above you must:

  • (a) ensure that your parent or guardian has read and agreed (get your parent or guardian's consent) to this Agreement prior to you using the App;
  • (b) have the power to enter into a binding agreement with us under any applicable law.

Parents and guardians must directly supervise any use of the App by minors. It is the sole responsibility of parents and guardians to prevent any unauthorized, irrelevant, indecent and/or immoral use of the App by their minors who have not reached the age of majority or legal age in the applicable jurisdiction.

Any person under the age of thirteen (13) is not permitted to download, install, access or use the App.

You confirm that you have either reached the age of majority or legal age in the applicable jurisdiction (at least you are older than eighteen (18) years of age), or you are an emancipated minor, or you possess a legal parental or guardian consent and are fully able and competent to accept the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

IV. GENERAL TERMS

The App is developed for entertainment purposes. The App offers image and video generation tools based on Artificial Intelligence models and technologies that allow you to convert text, photo, and/or video prompts into images and/or videos based on the parameters you set. You can also try the avatar feature and generate your portraits in various settings, eras, and styles based on the photos and/or videos you upload. See the full performance list on the App's page in the App Store.

V. PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use, and store information including personal data. Access to the App and use of the Services are subject to the Privacy Policy. By accessing the App and by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App and Services. Please read our Privacy Policy carefully.

VI. END USER LICENSE AGREEMENT. RULES AND REGULATIONS APPLICABLE TO USER CONTENT

INTELLECTUAL PROPERTY RIGHTS RELATED TO THE APP

Note that this subsection “INTELLECTUAL PROPERTY RIGHTS RELATED TO THE APP” does not apply to User Content (as defined below in this Agreement). The license terms and other regulations regarding User Content are set forth in this Section VI below under the subtitle “USER CONTENT”.

By using the App, you undertake to respect our intellectual property rights (intellectual property rights related to the App's source code, UI/UX design, content material, copyright, and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.

As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable right to access and use the App pursuant to this Agreement (the “App License”).

You may use the App solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the App.

Except for User Content which is defined below in subsection “USER CONTENT”, the source code, design, and content, including information, photographs, illustrations, artwork, and other graphic materials, sounds, music, or video (the “Works”) as well as names, logos, and trademarks (the “Means of individualization”) within the App are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contractors, as the case may be.

Works and Means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.

All rights, title, and interest in and to the App and its content, the Works and Means of individualization as well as its functionalities

  1. are the exclusive property of Vidream and/or our partners and/or contractors,
  2. are protected by the applicable international and national legal provisions,
  3. are under no circumstances transferred (assigned) to you in full or in part within the context of the License herewithin.

We will not hesitate to take legal action against any unauthorized use of our trademarks, names, or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

USER CONTENT

How can I use the generated content?

The App allows you to submit content as text, photo, and/or video prompts (the “Input Content”) and generate new original content based on them using AI (the “Output Content”). For the purposes of this subsection, the term “User Content” explicitly includes both Input and Output Content. WE DO NOT CLAIM ANY OWNERSHIP RIGHTS OVER YOUR USER CONTENT. YOU RETAIN ALL RIGHTS TO YOUR USER CONTENT AND MAY USE IT COMMERCIALLY. This means that you can do whatever you like with your Input and Output Content – to use it as illustrations, to incorporate it into other works, to print in any medium, to replicate, to distribute, to profit from the sale of copies of any products containing the Input and Output Content or to get benefit from the use of a digital version of the content.

Do I need to give you any permissions? How will my User Content be used?

In order for us to make the image and video generation via the App possible, you hereby agree to grant to us, as well as to our successors, affiliates, agents, assigns, or to anyone authorized to act on our behalf a revocable, non-exclusive, worldwide, temporary (i.e., granted for a limited period of time), royalty-free, sublicensable, transferable license and rights to reproduce, display, adapt, process, use, modify, inter alia, create derivative works, as well as to transfer, share, sublicense User Content to third-party service providers solely for the following limited purposes:

  • Providing you with the avatar feature, i.e., the training of the AI that creates AI avatars via the App to make the effective implementation of the avatar feature possible for you;
  • Developing and improving the App avatar feature.

For the avoidance of doubt, you acknowledge and agree that you provide the above license and rights with respect to User Content without the requirement to make any payment to you or to any third party. You also agree that you will not pursue or demand from us, our successors, affiliates, agents, assigns or from anyone authorized to act on our behalf any charges, fees in relation to the copyright to User Content.

Note that we use your User Content solely in accordance with the terms of the present Agreement and our Privacy Policy. We do not use your User Content for any other purpose not expressly stated herein.