This agreement governs the access and use of digital goods, such as applications ("apps") or game software offered by Vivid Machine ("we", "our", or "us") and related updates, upgrades, and features as well as online services, features, content, and websites offered by us or live events hosted by or in connection with us (collectively "products" or "services").
Acceptance
By using our products or services, you agree to these terms as well as our Privacy Policy, which describes how we collect and use information about our users. If you do not agree, do not use our products or services.
Eligibility
In order to use certain products or services you may be required to meet minimum age requirements, agree to third-party terms, or open an account. Parents and guardians are liable for all acts including purchases of their children. We recommend that parents and guardians familiarize themselves with parental controls available on devices they provide to their child and accompany their child if not of legal age when online.
Accounts
Some of our products require you to create an account. You agree to provide accurate, current, and complete information when registering and to keep that information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must promptly notify us of any unauthorized access to or use of your account. You may not share your account, transfer it to another person, or maintain more than one account, except where expressly permitted. We may suspend, restrict, or terminate your account if we reasonably believe these terms have been violated.
Your Content
Some of our products allow you to upload, submit, or otherwise make available content — including documents, images, text, and other materials ("your content"). You retain ownership of your content. By submitting your content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, transmit, and process that content (including by sharing it with the third-party service providers described in our Privacy Policy) solely as necessary to operate, provide, secure, and improve our products and services and to deliver the specific features you have requested. This license terminates when you remove your content or close your account, except to the extent retention is required by law or for routine backups.
You represent and warrant that you have all rights necessary to submit your content and to grant the license above, and that your content does not infringe the rights of any third party or violate any law.
Access
You acknowledge and agree that you will provide at your own cost and expense the equipment, Internet, or other connection charges, required to access and use our products or services. We make no warranty that our products and services can be accessed on all computers, games consoles, smartphones, tablets, or other devices, by means of any specific Internet or other connection provider, or in all countries. You are solely responsible for any third-party costs you incur using our products or services.
Disclaimer
To the fullest extent permitted by applicable law, our products and services are provided as is and we do not warrant that they will be uninterrupted or error-free, that defects will be corrected, that they are free of viruses or other harmful components, or that all of the product content will be accurate. We expressly disclaim all warranties of any kind, express or implied, including but not limited to the warranties of title, non-infringement, merchantability, or fitness for any particular purpose.
AI-Generated Outputs
Some of our products use artificial-intelligence or machine-learning models to generate, suggest, summarize, transcribe, or otherwise process content. AI-generated outputs may be inaccurate, incomplete, biased, or otherwise unsuitable for a particular purpose, and similar inputs may produce different outputs at different times. You are responsible for reviewing any AI-generated output before relying on it, submitting it to a third party, or using it in any consequential decision. We make no warranty as to the accuracy, fitness, or correctness of AI-generated output, and to the fullest extent permitted by applicable law we are not liable for any consequence of your use of it.
Liability
To the fullest extent permitted by applicable law, neither us nor our parents, subsidiaries, licensors, or affiliates shall be liable in any way for damage or loss of any kind resulting from the use of or inability to use our products or services.
This includes without limitation loss of goodwill, work stoppage, computer failure, or malfunction, the loss or damage to digital goods including user data, or interruptions of service including without limitation ISP disruptions, software or hardware failures, failures of any third-party billing solutions, other services, or any other event which may result in a loss of data or disruption of service.
In no event will we be liable to you or anyone else for any indirect, incidental, special, exemplary, remote, speculative, punitive, or consequential damages.
Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us and our parents, subsidiaries, affiliates, officers, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of our products or services; (b) your content; (c) your violation of these terms; or (d) your violation of any applicable law or the rights of any third party, including the terms of service of any third-party website or application you direct our products to interact with.
Risk of Loss
You bear all risk of loss for accessing or completing the download of any product and for the loss of any product that you have accessed or downloaded, including any loss due to a file corruption or device crash.
Any product may be available for limited periods of time, or subject to other access restrictions (including for example, possession of other specific products for access or use). Products or services may become unavailable due to potential content provider licensing restrictions or other reasons. We will not be liable to you if any product is or becomes unavailable for download or access, for any reason, to the fullest extent permitted by applicable law.
Subscriptions and Billing
Some of our products are offered on a paid or subscription basis. By starting a paid plan, you authorize us and our payment processor to charge the payment instrument you provide for the applicable fees, taxes, and any other charges associated with your plan, on the billing schedule disclosed at the time of purchase.
Unless otherwise stated at the time of purchase, paid subscriptions automatically renew at the end of each billing period at the then-current price for that plan, until cancelled. You may cancel auto-renewal at any time from within your account or by contacting us; cancellation takes effect at the end of the then-current billing period, and you will retain access to paid features through that period. Free trials, where offered, automatically convert to a paid subscription at the end of the trial period unless cancelled before the trial ends.
Prices, plans, features, and billing terms may change. We will give you reasonable advance notice of any change that affects an active subscription, and the change will take effect on your next renewal unless otherwise required by law.
Refunds
When a refund is requested for a digital product or service, there is no way for the customer to truly return the purchased good or service. It remains in their possession indefinitely or they may have already received the benefit from such digital goods and services. Except where a refund is required by applicable consumer-protection law (such as a statutory cooling-off period), we do not offer refunds for digital goods or services.
Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Third-Parties
You may not use, frame, or utilize framing techniques to enclose any of our trademarks, copyrights, or other proprietary information without our express written consent.
We make no claim or representation regarding, and accept no responsibility for third-party websites accessible by hyperlink from our products or services. When you visit third-parties, you should be aware that these terms and our policies no longer govern.
We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy, or completeness of any content contained in our products or services. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on our products and services.
Some of our products (including browser extensions) interact with third-party websites or applications at your direction. Your use of those third-party services remains subject to their own terms of service and acceptable-use policies, and you are solely responsible for ensuring that your use complies with them. We make no representation that our products are authorized by, endorsed by, or compatible with any particular third-party service, and we are not responsible if a third-party service changes, restricts, or blocks the functionality our products rely on.
Severability
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining terms.
Governing Law
The validity of these terms and the rights, obligations, and relations of the parties under these terms will be construed and determined under and in accordance with the laws of the United States and the state of Florida, without regard to conflicts of law principles.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute relating to your use of our products or services resides in the courts of Duval County, Florida and you further agree and expressly consent to the exercise of personal jurisdiction in these courts in connection with any such dispute. You further agree that you will not commence against the other a class action, class arbitration, or other representative action or proceeding.
Waiver
The waiver or failure by us to exercise any right provided for will not be deemed a waiver of any further rights. The rights and remedies set forth in this agreement are cumulative and are in addition to any rights or remedies we may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for.
Termination
These terms are effective until terminated. You may terminate at any time by ceasing all use of our products or services. If you wish to close an account or have the personal information associated with it deleted, you may submit a written request to us as described in our Privacy Policy. We may suspend, restrict, or terminate your access at any time, with or without cause and with or without notice, including (without limitation) if we reasonably believe you have violated these terms or applicable third-party terms.
Upon termination, you shall cease all use of our products or services and destroy all copies, full or partial, of any digital goods. Sections of these terms that by their nature should survive termination — including without limitation the disclaimers, limitations of liability, indemnification, and dispute-resolution provisions — will survive.
Entire Agreement
This agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings, and all other agreements, oral and written, between the parties relating to this subject matter.
Feedback
When you provide us with any feedback, comments, or suggestions you irrevocably assign to us all of your right, title, and interest in and to your feedback, comments, and suggestions.
Changes
We reserve the right to add, update, or remove portions of these terms at any time. We will post these changes on this page, and will make a reasonable effort to keep this page current.
Questions
If you still have any questions or concerns about our terms please contact us.