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Viben.ai Terms of Service

Last Updated: 15 October, 2024

1. Introduction and Acceptance of Terms

Welcome to Viben.ai (the "Service"), provided by Qualia Systems Pty Ltd ("Qualia Systems," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Service, including our website, mobile applications, and any other software or services we provide.

By accessing or using our Service, you ("user," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (the "Privacy Policy"), which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use our Service.

PLEASE READ THESE TERMS CAREFULLY. They contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

If you have any questions about these Terms or our Service, please contact us at [email protected].

2. Eligibility

2.1 Age Restrictions

By accessing or using the Service, you represent and warrant that you are at least 18 years of age. The Service is intended solely for users who are 18 years of age or older. If you are under 18, you are not authorized to use the Service.

2.2 Jurisdictional Restrictions

The Service is accessible worldwide; however, we make no representation that the Service or these Terms comply with the laws of any country other than Australia. By using the Service, you represent and warrant that:

• Your use of the Service is not prohibited by any applicable laws, regulations, or ordinances in your jurisdiction.
• You are responsible for compliance with all local laws and regulations applicable to your use of the Service.

2.3 Compliance with Local Laws

You are responsible for ensuring that your use of the Service complies with all laws, regulations, and ordinances applicable to you in your jurisdiction. We make no representation that the Service is appropriate or available for use in any particular location.

2.4 Capacity to Enter into an Agreement

By agreeing to these Terms, you confirm that you have the legal capacity to enter into a binding agreement with us. If you are using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you may be required to create an account ("Account"). When creating an Account, you agree to:

• Provide accurate, current, and complete information as prompted by the registration process.
• Maintain and promptly update your Account information to keep it accurate, current, and complete.
• Not create an Account using a false identity or information, or on behalf of someone other than yourself.

3.2 Account Security

You are responsible for maintaining the confidentiality of your Account credentials, including your username and password. You agree to:

• Not share your Account credentials with any third party.
• Notify us immediately at [email protected] if you suspect or become aware of any unauthorized use of your Account or any other breach of security.

3.3 Responsibility for Account Activity

You are fully responsible for all activities that occur under your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.

3.4 Prohibition on Account Transfer

You may not sell, transfer, or assign your Account or any Account rights. Any attempt to do so is a violation of these Terms and may result in termination of your Account.

3.5 One Account Per User

Unless expressly permitted by us, you may not create more than one Account. Creating multiple Accounts may result in suspension or termination of all associated Accounts.

4. Description of Services

4.1 Overview

Viben.ai is an AI-powered companion service that provides users with interactive conversational experiences. The Service utilizes artificial intelligence and machine learning technologies to generate responses based on user inputs.

4.2 Service Features

The Service may include, but is not limited to:

• Text-based conversational interfaces.
• AI-generated content and responses including text, images, audio and video.
• Personalization features to enhance user experience.

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service or any part thereof at any time with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

4.4 No Guarantee of Availability

We do not guarantee that the Service will be available at all times or without interruption. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.

5. User Conduct and Acceptable Use

5.1 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Illegal Activities: Using the Service for any unlawful purpose or in violation of any local, state, national, or international law or regulation.
• Harassment and Harm: Uploading, transmitting, or distributing any content that is unlawful, defamatory, libelous, harassing, abusive, fraudulent, obscene, offensive, sexually explicit, or otherwise objectionable.
• Impersonation and Misrepresentation: Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Harmful Content: Uploading or transmitting viruses, malware, or any other harmful code.
• Unauthorized Access: Attempting to gain unauthorized access to other users' Accounts or the Service's systems or networks.
• Data Mining and Scraping: Using any automated means, including bots, spiders, or scrapers, to access, extract data from, or otherwise interact with the Service for any purpose without our express written permission.
• Infringement of Rights: Uploading, transmitting, or distributing any content that infringes upon or violates the intellectual property rights, privacy rights, publicity rights, or other rights of any person or entity.
• Unauthorized Use of Likeness: Creating, sharing, or distributing AI-generated content that depicts or resembles identifiable individuals without their explicit consent.

5.2 Misuse of AI Features

You agree not to:

• Use the Service to create, generate, or disseminate content that is illegal, harmful, or inappropriate, including but not limited to hate speech, harassment, defamation, or content that promotes violence or discrimination.
• Use the AI features to create deepfakes, impersonations, or any content that misrepresents or infringes upon the rights of others.
• Use the Service to develop, test, or enhance your own or any third-party artificial intelligence models, algorithms, or related technology.
• Use the Service for any purpose related to automated decision-making that could adversely impact individuals' legal rights or obligations.

5.3 Prohibition on Submitting Sensitive Personal Information

You agree not to submit, upload, or transmit any sensitive personal information through the Service, including but not limited to:

• Health or medical information.
• Racial or ethnic origin.
• Political opinions.
• Religious or philosophical beliefs.
• Trade union membership.
• Genetic or biometric data.
• Sexual orientation or sexual activity.
• Financial information.

The Service is not designed to process such sensitive personal information, and you are prohibited from providing it.

5.4 User Responsibility for Personal Information

You acknowledge that any information you disclose through the Service may be processed by our AI algorithms. You are advised not to disclose any personal information that you consider sensitive or confidential. We are not responsible for any consequences arising from your decision to share personal information.

5.5 Compliance with Laws

You agree to comply with all applicable laws, regulations, and ordinances in connection with your use of the Service.

5.6 Reporting Violations

If you become aware of any misuse of the Service or any violation of these Terms, please report it immediately to [email protected].

6. User Content and Monitoring

6.1 User Responsibility for Content

You are solely responsible for all content, including text, images, and any other materials, that you upload, submit, or transmit through the Service ("User Content"). You agree not to disclose sensitive personal information unless necessary.

6.2 Compliance with Laws

You represent and warrant that your User Content:

• Does not infringe upon or violate the intellectual property rights or any other rights of any third party.
• Does not contain any defamatory, libelous, or otherwise unlawful material.
• Complies with all applicable laws and regulations.

6. User Content and Monitoring

6.1 User Responsibility for Content

You are solely responsible for all content, including text, images, and any other materials, that you upload, submit, or transmit through the Service ("User Content"). You agree not to disclose sensitive personal information in the course of using this service.

6.2 Compliance with Laws

You represent and warrant that your User Content:

• Does not infringe upon or violate the intellectual property rights or any other rights of any third party.
• Does not contain any defamatory, libelous, or otherwise unlawful material.
• Complies with all applicable laws and regulations.

6.3 Monitoring and Removal of Content

We reserve the right, but are not obligated, to monitor, review, remove, or disable access to any User Content at our sole discretion, for any reason, including if we believe that it violates these Terms or is otherwise objectionable.

6.4 No Obligation to Pre-Screen Content

You acknowledge that we do not pre-screen User Content and that we shall not be responsible for any User Content.

6.5 Liability for Unlawful Content

You may be held legally responsible for any unlawful User Content you submit, including content that infringes upon the rights of others or violates applicable laws.

6.6 Reporting Inappropriate Content

If you encounter any content that you believe violates these Terms or is otherwise inappropriate, please report it to [email protected].

7. Content Ownership and Intellectual Property Rights

7.1 Company's Intellectual Property

All rights, title, and interest in and to the Service, including but not limited to software, text, images, graphics, logos, and all other materials provided by us ("Company Content"), are owned by Qualia Systems Pty Ltd or its licensors and are protected by applicable intellectual property laws.

7.2 License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use.

7.3 User Content License

By submitting User Content through the Service, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with operating and providing the Service.

7.4 Ownership of AI-Generated Content

Any content generated by the AI in response to your inputs ("AI-Generated Content") is provided to you under the same license as the Service. You may use AI-Generated Content for your personal, non-commercial purposes, subject to these Terms.

You acknowledge that:

• The AI-Generated Content may contain elements that are owned by third parties, and you are responsible for ensuring that your use of such content complies with all applicable laws and does not infringe upon any third-party rights.
• You may not use AI-Generated Content for any commercial purposes without obtaining all necessary rights and permissions.

7.5 Content Labelling Requirements

If you share or distribute AI-Generated Content publicly, you agree to label or otherwise indicate that the content was generated by Viben.ai to promote transparency.

7.6 Restrictions

You agree not to:

• Copy, modify, or create derivative works based on the Service or Company Content.
• Reverse engineer, decompile, or attempt to extract the source code of any part of the Service.
• Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices.

7.7 Intellectual Property Claims

If you believe that any content on the Service infringes upon your intellectual property rights, please notify us at [email protected] with detailed information so we can investigate and take appropriate action.

8. Privacy Policy and Data Protection

8.1 Privacy Policy

Our collection, use, and disclosure of personal information in connection with the Service are described in our Privacy Policy, which is incorporated into these Terms by reference.

8.2 Compliance with Data Protection Laws

We are committed to complying with applicable data protection and privacy laws, including the Australian Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), the General Data Protection Regulation (GDPR) for users in the European Economic Area (EEA), the UK Data Protection Act, and relevant U.S. state privacy laws.

8.3 Consent to Data Practices

By using the Service, you consent to the collection, use, and disclosure of your personal information as outlined in the Privacy Policy.

8.4 International Data Transfers

Your personal information may be transferred to, stored, or processed in countries other than your own. We will take reasonable steps to ensure that any international data transfers comply with applicable data protection laws and that your personal information remains protected.

8.5 Data Security

We implement reasonable security measures to protect your personal information from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

8.6 Data Breach Notification

In the event of a data breach that affects your personal information, we will notify you and relevant authorities in accordance with applicable laws and regulations.

8.7 User Rights

Subject to applicable laws, you may have rights regarding your personal information, such as the right to access, correct, delete, or object to the processing of your data. Please refer to our Privacy Policy for more information and contact us at [email protected] to exercise your rights.

8.8 No Intentional Collection of Sensitive Personal Data

We do not knowingly collect or process sensitive personal information. If you submit such information in violation of these Terms, you acknowledge that you are solely responsible for any consequences that may arise from your disclosure.

9. Disclaimer Regarding Professional Advice

9.1 No Professional Advice Provided

You acknowledge that:

• The AI does not provide medical, legal, financial, psychological, or any other professional advice.
• Any information or content provided by the AI may be inaccurate, incomplete, or outdated.
• Any reliance on information provided by the AI is at your own risk.

9.2 Seek Professional Guidance

You should consult a qualified professional before making any decisions that could affect your health, safety, legal standing, financial situation, or well-being.

9.3 Emotional and Psychological Considerations

Interacting with the AI may have emotional or psychological effects. If you experience distress or adverse effects, we encourage you to seek support from a qualified mental health professional.

10. Disclaimers and Limitation of Liability

10.1 Service Provided "As Is"

The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.

10.2 No Warranties

To the fullest extent permitted by law, Qualia Systems Pty Ltd disclaims all warranties, express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
• Warranties that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
• Warranties regarding the accuracy, reliability, or completeness of any content or information provided through the Service.

10.3 Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Qualia Systems Pty Ltd or its affiliates, licensors, or service providers be liable for:

• Any indirect, incidental, special, consequential, or punitive damages.
• Any loss of profits, data, use, goodwill, or other intangible losses.
• Damages exceeding the amount you have paid to Qualia Systems Pty Ltd in the six (6) months prior to the event giving rise to the liability.

10.4 Exposure to Offensive Content

You acknowledge that by using the Service, you may be exposed to content that you find offensive, indecent, or objectionable. You agree to use the Service at your own risk.

10.5 AI Limitations

You acknowledge that the AI may generate content that is erroneous, inappropriate, or otherwise unsatisfactory. We are not responsible for any consequences arising from your use of or reliance on AI-Generated Content.

10.6 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

10.7 Limitation of Liability for Sensitive Personal Data

To the maximum extent permitted by applicable law, we shall not be liable for any damages arising from your submission of sensitive personal information in violation of these Terms, including any consequences resulting from the unauthorized disclosure or misuse of such information.

11. Indemnification

You agree to indemnify, defend, and hold harmless Qualia Systems Pty Ltd, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms.
• Your use of the Service.
• Your User Content.
• Your violation of any law or the rights of any third party.
• Any misuse of the Service or AI-Generated Content.

12. Third-Party Services and Links

12.1 Third-Party Content

The Service may contain links to third-party websites, resources, or services that are not owned or controlled by Qualia Systems Pty Ltd.

12.2 No Endorsement

We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.

12.3 User Responsibility

If you access any third-party website or service, you do so at your own risk and subject to the terms and conditions and privacy policies of those third parties.

12.4 Third-Party Advertising

The Service may include advertisements or promotions from third parties. Your dealings with or participation in promotions of advertisers found on the Service are solely between you and such third parties.

13. Termination and Suspension of Accounts

13.1 Termination by the Company

We may suspend or terminate your access to the Service or your Account at any time, for any reason, including but not limited to:

• Violation of these Terms.
• Unlawful conduct.
• Extended periods of inactivity.

13.2 Effect of Termination

Upon termination of your Account:

• Your right to use the Service will immediately cease.
• We may delete or deactivate your Account and all related information.
• Any licenses granted to you under these Terms will terminate.

13.3 Termination by User

You may terminate your Account at any time by discontinuing use of the Service and, if applicable, deleting the application from your device.

13.4 Survival of Terms

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, disclaimers, indemnity, and limitations of liability.

13.5 Appeals Process

If you believe your Account has been suspended or terminated in error, you may contact us at [email protected] to request a review.

14. Updates to Terms and Service Modifications

14.1 Right to Modify Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on the Service and updating the "Last Updated" date at the top.

14.2 Notification of Changes

In the case of significant changes, we may also notify you via email or through the Service. Changes will become effective no less than thirty (30) days after they are posted, unless otherwise stated.

14.3 Acceptance of Modified Terms

By continuing to access or use the Service after the updated Terms become effective, you agree to be bound by the revised Terms.

14.4 Discontinuation

If you do not agree to the new Terms, you must stop using the Service before the changes take effect.

15. Age Verification and Parental Consent

15.1 Age Verification

We may implement measures to verify your age to ensure compliance with these Terms and applicable laws.

15.2 Misrepresentation of Age

If we discover that you have misrepresented your age or are under 18 years old, we may terminate your Account immediately.

15.3 No Minors Allowed

The Service is not intended for individuals under 18 years of age. We do not knowingly collect personal information from minors. If you are a parent or guardian and believe your child has provided us with personal information, please contact us at [email protected].

15.4 Compliance with Children's Privacy Laws

We are committed to complying with applicable laws and regulations regarding the privacy of minors, including the Children's Online Privacy Protection Act (COPPA) where applicable.

16. International Use and Compliance

16.1 Access from Outside Australia

Our Service is accessible from locations around the world. We strive to comply with applicable data protection and privacy laws, including but not limited to the Australian Privacy Act 1988 (Cth), the General Data Protection Regulation (GDPR), the UK Data Protection Act, and relevant U.S. state privacy laws.

16.2 Compliance with Local Laws

If you access the Service from a location outside Australia, you are responsible for compliance with all local laws applicable to you. We make no representation that the Service or its content is appropriate or available for use in other locations.

16.3 Jurisdiction-Specific Terms

Additional terms and conditions may apply to users in specific jurisdictions. Please refer to any supplemental terms that may be provided in connection with your use of the Service in certain regions.

16.4 Data Protection

By using the Service, you consent to the processing of your personal data as described in our Privacy Policy. We take steps to ensure that your personal data is handled securely and in accordance with applicable laws.

17. Feedback and Suggestions

17.1 Non-Confidentiality of Feedback

Any feedback, comments, or suggestions you may provide regarding the Service ("Feedback") is entirely voluntary and non-confidential.

17.2 License to Use Feedback

You grant us a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Feedback for any purpose without any obligation to you.

18. Accessibility and Inclusion

18.1 Commitment to Accessibility

We are committed to making the Service accessible to users with disabilities. If you experience any difficulties accessing or using the Service, please contact us at [email protected].

18.2 Support Resources

We will make reasonable efforts to address accessibility issues and provide support or alternatives where feasible.

19. Governing Law and Dispute Resolution

19.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to its conflict of law principles. This choice of law does not affect your rights as a consumer under the consumer protection laws of your jurisdiction.

19.2 Agreement to Arbitrate

You and Qualia Systems Pty Ltd agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Service (collectively, "Disputes") will be settled by binding arbitration.

19.3 Arbitration Rules

The arbitration will be administered by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with its rules.

19.4 Arbitration Location and Procedure

• The arbitration shall be conducted in Brisbane, Queensland, unless both parties agree to a different location or to conduct the arbitration via virtual means.
• The arbitration shall be conducted in English.
• The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

19.5 Arbitration Procedures

• Initiation of Arbitration: A party seeking arbitration must send a written notice of the Dispute to the other party.
• Selection of Arbitrator: The arbitrator shall be selected in accordance with the ACICA rules.
• Fees: Each party shall bear its own costs and expenses associated with the arbitration, and shall share equally in the fees and expenses of the arbitrator.
• Confidentiality: The arbitration proceedings and any related information shall be confidential, except as necessary to enforce or challenge the arbitration award.

19.6 Class Action Waiver

You agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

19.7 Exceptions

Notwithstanding the foregoing, either party may seek injunctive relief or other equitable remedies in a court of competent jurisdiction for matters relating to intellectual property rights or unauthorized access to the Service.

19.8 Opt-Out

You may opt out of this arbitration agreement by sending a written notice to [email protected] within thirty (30) days of accepting these Terms, stating that you opt out of arbitration.

19.9 Time Limitations

Any Dispute must be filed within one (1) year after the claim or cause of action arises, or it will be forever barred.

20. Additional Provisions

20.1 System Requirements

Use of the Service may require compatible devices, internet access, and certain software. You are responsible for meeting these requirements and for any associated fees.

20.2 Technical Support

If you experience technical issues with the Service, please contact us at [email protected] for assistance.

20.3 Chargebacks and Payment Disputes

If you dispute any charges, you must notify us in writing within thirty (30) days. We reserve the right to suspend or terminate your access to the Service in case of chargebacks or payment disputes.

20.4 Notifying Law Enforcement

We reserve the right to report any activities that we believe are in violation of law to law enforcement authorities. We may disclose any information about you to government or law enforcement officials as required by law.

20.5 Advertising and Marketing

We may use your personal information to send you promotional messages and marketing materials. You may opt out of receiving such communications by following the unsubscribe instructions provided.

20.6 Changes to the Service

We may update the Service from time to time, and you may need to update your software to continue using the Service.

21. Entire Agreement and Severability

21.1 Entire Agreement

These Terms, along with the Privacy Policy, constitute the entire agreement between you and Qualia Systems Pty Ltd regarding the Service and supersede all prior agreements, understandings, or representations.

21.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

21.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

21.4 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

22. Contact Information

If you have any questions, concerns, or comments about these Terms or the Service, please contact us at:

Qualia Systems Pty Ltd
Email: [email protected]
Address: 13/260 Wickham Rd, Highett, VIC, Australia.

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