Terms and Conditions
        Last updated: Jan 5, 2025
        Please read these terms and conditions carefully before using Our Service.
        Interpretation and Definitions
        Interpretation
        The words of which the initial letter is capitalized have meanings defined under the following
            conditions. The following definitions shall have the same meaning regardless of whether they appear in
            singular or
            in plural.
        Definitions
        For the purposes of these Terms and Conditions:
        
            - Affiliate: means an entity that controls, is controlled by, or is under common control
                with a
                party, where "control" means ownership of 50% or more of the shares, equity interest, or other
                securities
                entitled to vote for election of directors or other managing authority.
- Account: means a unique account created for You to access our Service or parts of our
                Service.
- Country: refers to: Delaware, United States
- Company: (referred to as either "the Company", "We", "Us" or "Our" in this Agreement)
                refers
                to Viewpoints AI, Inc., 1209 Orange Street, Wilmington, DE 19801.
- Content: refers to content such as text, images, or other information that can be
                posted,
                uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
- Device: means any device that can access the Service such as a computer, a cellphone,
                or a
                digital tablet.
- Feedback: means feedback, innovations, or suggestions sent by You regarding the
                attributes,
                performance, or features of our Service.
- Free Trial: refers to a limited period of time that may be free when purchasing a
                Subscription.
- Goods: refer to the items offered for sale on the Service.
- Orders: mean a request by You to purchase Goods from Us.
- Service: refers to the Website.
- Subscriptions: refer to the services or access to the Service offered on a subscription
                basis
                by the Company to You.
- Terms and Conditions: (also referred as "Terms") mean these Terms and Conditions that
                form
                the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service: means any services or content (including data,
                information,
                products, or services) provided by a third-party that may be displayed, included, or made available by
                the
                Service.
- Website: refers to Viewpoints AI, accessible from https://www.viewpoints.ai
- You: means the individual accessing or using the Service, or the company, or other
                legal
                entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
        These are the Terms and Conditions governing the use of this Service and the agreement that
            operates
            between You and the Company. These Terms and Conditions set out the rights and obligations of all users
            regarding
            the use of the Service.
        Your access to and use of the Service is conditioned on Your acceptance of and compliance with
            these
            Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use
            the
            Service.
        By accessing or using the Service You agree to be bound by these Terms and Conditions. If You
            disagree with any part of these Terms and Conditions then You may not access the Service.
        You represent that you are over the age of 18. The Company does not permit those under 18 to use
            the
            Service.
        Your access to and use of the Service is also conditioned on Your acceptance of and compliance
            with
            the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the
            collection, use,
            and disclosure of Your personal information when You use the Application or the Website and tells You about
            Your
            privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our
            Service.
            Geographic Restrictions
            Our Service is currently only available to users located in the United States. By using our Service, you represent and warrant that you are located in the United States. The Company reserves the right to terminate any accounts created from outside the United States immediately.
    
    
        User Submissions and AI Processing
        
        OpenAI's API
        
            By using our service, you acknowledge and agree that any content or information you submit or upload through our platform may be processed by OpenAI's API for various purposes, including but not limited to content moderation, analysis, or feature enhancement. Your use of our service and submission of such content constitutes your acceptance of OpenAI's Terms of Service and Privacy Policy. It is your responsibility to ensure that your content complies with these terms and does not violate any applicable laws or regulations.
        
        Anthropic's API
        
            By using our service, you acknowledge and agree that any content or information you submit or upload through our platform may be processed by Anthropic's API for various purposes, including but not limited to content moderation, analysis, or feature enhancement. Your use of our service and submission of such content constitutes your acceptance of Anthropic's Terms of Service and Privacy Policy. It is your responsibility to ensure that your content complies with these terms and does not violate any applicable laws or regulations.
        
        Google's Gemini API
        
            By using our service, you acknowledge and agree that any content or information you submit or upload through our platform may be processed by Google's Gemini API for various purposes, including but not limited to content moderation, analysis, or feature enhancement. Your use of our service and submission of such content constitutes your acceptance of Google's Terms of Service and Privacy Policy. It is your responsibility to ensure that your content complies with these terms and does not violate any applicable laws or regulations.
        
        
            We are not responsible for any violations or breaches caused by your content in relation to any of the above services. We reserve the right to modify our use of these services or add additional AI services upon notice to you through updates to these Terms of Service.
        
    
        
        
            Placing Orders for Goods
            
                By placing an Order for Goods through the Service, You warrant that You are legally capable of entering
                into binding contracts.
            
        
        
        
        
        
            Order Cancellation
            
                We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not
                limited to:
            
            
                - Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
                We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction
                is suspected.
            
        
        
        
            Your Order Cancellation Rights
            
                Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our
                Returns Policy.
            
            
                Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn
                more about your right to cancel Your Order.
            
            
                Your right to cancel an Order only applies to Goods that are returned in the same condition as You
                received them. You should also include all of the product's instructions, documents, and wrappings.
                Goods that are damaged or not in the same condition as You received them or which are worn simply beyond
                opening the original packaging will not be refunded. You should therefore take reasonable care of the
                purchased Goods while they are in Your possession.
            
            
                We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will
                use the same means of payment as You used for the Order, and You will not incur any fees for such
                reimbursement.
            
        
        
        
            Non-Cancellable Orders
            
                You will not have any right to cancel an Order for the supply of any of the following Goods:
            
            
                - The supply of Goods made to Your specifications or clearly personalized.
- The supply of Goods which according to their nature are not suitable to be returned, deteriorate
                    rapidly, or where the date of expiry is over.
- The supply of Goods which are not suitable for return due to health protection or hygiene reasons
                    and were unsealed after delivery.
- The supply of Goods which are, after delivery, according to their nature, inseparably mixed with
                    other items.
- The supply of digital content which is not supplied on a tangible medium if the performance has
                    begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
                
Subscriptions
            Subscription Period
            
                The Service or some parts of the Service are available only with a paid Subscription. You will be billed
                in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually), depending on
                the type of Subscription plan you select when purchasing the Subscription.
            
            
                At the end of each period, Your Subscription will automatically renew under the exact same conditions
                unless You cancel it or the Company cancels it.
            
            Subscription Cancellations
            
                You may cancel Your Subscription renewal either through Your Account settings page or by contacting the
                Company. You will not receive a refund for the fees You already paid for Your current Subscription
                period and You will be able to access the Service until the end of Your current Subscription period.
            
        
        
        
            Billing
            
                You shall provide the Company with accurate and complete billing information including full name,
                address, state, zip code, telephone number, and a valid payment method information.
            
            
                Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice
                indicating that you must proceed manually, within a certain deadline date, with the full payment
                corresponding to the billing period as indicated on the invoice.
            
        
        
        
            Fee Changes
            
                The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription
                fee change will become effective at the end of the then-current Subscription period.
            
            
                The Company will provide You with reasonable prior notice of any change in Subscription fees to give You
                an opportunity to terminate Your Subscription before such change becomes effective.
            
            
                Your continued use of the Service after the Subscription fee change comes into effect constitutes Your
                agreement to pay the modified Subscription fee amount.
            
        
        
        
            Refunds
            
                Except when required by law, paid Subscription fees are non-refundable.
            
            
                Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and
                granted at the sole discretion of the Company.
            
        
        
        
            Free Trial
            
                The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of
                time.
            
            
                You may be required to enter Your billing information in order to sign up for the Free Trial.
            
            
                If You do enter Your billing information when signing up for the Free Trial, You will not be charged by
                the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You
                canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the
                type of Subscription You have selected.
            
            
                At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of
                the Free Trial offer, or (ii) cancel such Free Trial offer.
            
        
        
        
        
        
            Content
            Your Right to Post Content
            
                Our Service allows You to post Content. You are responsible for the Content that You post to the
                Service, including its legality, reliability, and appropriateness.
            
            
                By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform,
                publicly display, reproduce, and distribute such Content on and through the Service. You retain any and
                all of Your rights to any Content You submit, post, or display on or through the Service, and You are
                responsible for protecting those rights. You agree that this license includes the right for Us to make
                Your Content available to other users of the Service, who may also use Your Content subject to these
                Terms.
            
            
                You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it
                and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on
                or through the Service does not violate the privacy rights, publicity rights, copyrights, contract
                rights, or any other rights of any person.
            
        
        
        
            Content Restrictions
            
                The Company is not responsible for the content of the Service's users. You expressly understand and
                agree that You are solely responsible for the Content and for all activity that occurs under Your
                account, whether done so by You or any third person using Your account.
            
            
                You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust,
                threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable
                Content include, but are not limited to, the following:
            
            
                - Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about
                    religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain
                    letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, Trojan horses, or other content that is
                    designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or
                    telecommunications equipment or to damage or obtain unauthorized access to any data or other
                    information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret,
                    copyright, right of publicity, or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
                The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or
                not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company
                further reserves the right to make formatting and edits and change the manner of any Content. The
                Company can also limit or revoke the use of the Service if You post such objectionable Content. As the
                Company cannot control all content posted by users and/or third parties on the Service, you agree to use
                the Service at your own risk. You understand that by using the Service You may be exposed to content
                that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no
                circumstances will the Company be liable in any way for any content, including any errors or omissions
                in any content, or any loss or damage of any kind incurred as a result of Your use of any content.
            
        
        
        
            Content Backup
            
                Although regular backups of Content are performed, the Company does not guarantee there will be no loss
                or corruption of data.
            
            
                Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted before
                being backed up or that changes during the time a backup is performed.
            
            
                The Company will provide support and attempt to troubleshoot any known or discovered issues that may
                affect the backups of Content. But You acknowledge that the Company has no liability related to the
                integrity of Content or the failure to successfully restore Content to a usable state.
            
        
        
        
            Copyright Policy
            
                We respect the intellectual property rights of others. It is Our policy to respond to any claim that
                Content posted on the Service infringes on the copyright or other intellectual property rights
                ("Infringement") of any person.
            
            
                If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work
                has been copied in a way that constitutes copyright infringement that is taking place through the
                Service, You must submit Your notice in writing to the attention of our copyright agent via email (as
                provided below) and include in Your notice a detailed description of the alleged Infringement.
            
            
                You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that
                any Content is infringing on Your copyright.
            
        
        
    Intellectual Property Rights and Ownership
    
    Service Ownership
    
        The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors. This includes all software, algorithms, machine learning models, and associated intellectual property.
    
    
        The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
    
    Content Rights and Ownership
    
    1. Public Content
    
        For content submitted through public features of the Service ("Public Content"):
    
    
        - You grant us full ownership rights to use, modify, and repurpose such content
- This includes using Public Content to train our models and improve our Service
- You represent that you have the right to grant us these permissions
2. Business Customer Content
    
        For content submitted through paid business accounts ("Business Content"):
    
    
        - Business customers retain ownership of their content
- They grant us limited license to process and use the content to provide the Service
- Additional terms apply as specified in business service agreements
3. General Rights
    
        For all content:
    
    
        - We may analyze usage patterns to improve the Service
- We may create and use anonymized, aggregated data
AI Outputs
    
        The outputs generated by our Service ("AI Outputs") are provided for your internal business use only. You receive a non-exclusive, non-transferable license to use AI Outputs for your business purposes. This license does not include the right to:
    
    
        - Train competing AI models
- Resell or redistribute AI Outputs
- Create derivative services based on patterns from AI Outputs
Feedback
    
        If you provide suggestions or feedback about the Service, you grant us a perpetual, irrevocable, worldwide license to use this feedback without compensation.
    
        
        
            DMCA Notice and Procedure for Copyright Infringement Claims
            
                You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our
                Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
            
            
                - An electronic or physical signature of the person authorized to act on behalf of the owner of the
                    copyright's interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e.,
                    web page address) of the location where the copyrighted work exists or a copy of the copyrighted
                    work.
- Identification of the URL or other specific location on the Service where the material that You
                    claim is infringing is located.
- Your address, telephone number, and email address.
- 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.
- 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.
                
                You can contact our copyright agent via email at [email protected]. Upon
                receipt of a notification, the Company will take whatever action, in its sole discretion, it deems
                appropriate, including removal of the challenged content from the Service.
            
        
        
        
            Feedback
            
                You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason
                such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable,
                royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify,
                and exploit such Feedback without restriction.
            
        
        
        
            Links to Other Websites
            
                Our Service may contain links to third-party web sites or services that are not owned or controlled by
                the Company.
            
            
                The Company has no control over, and assumes no responsibility for, the content, privacy policies, or
                practices of any third-party web sites or services. You further acknowledge and agree that the Company
                shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to
                be caused by or in connection with the use of or reliance on any such content, goods, or services
                available on or through any such web sites or services.
            
            
                We strongly advise You to read the terms and conditions and privacy policies of any third-party web
                sites or services that You visit.
            
        
        
        
            Termination
            
                We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason
                whatsoever, including without limitation if You breach these Terms and Conditions.
            
            
                Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your
                Account, You may simply discontinue using the Service.
            
        
        
        
            Limitation of Liability
            
                Notwithstanding any damages that You might incur, the entire liability of the Company and any of its
                suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be
                limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased
                anything through the Service.
            
            
                To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be
                liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not
                limited to, damages for loss of profits, loss of data or other information, for business interruption,
                for personal injury, loss of privacy arising out of or in any way related to the use of or inability to
                use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in
                connection with any provision of this Terms), even if the Company or any supplier has been advised of
                the possibility of such damages and even if the remedy fails of its essential purpose.
            
            
                Some states do not allow the exclusion of implied warranties or limitation of liability for incidental
                or consequential damages, which means that some of the above limitations may not apply. In these states,
                each party's liability will be limited to the greatest extent permitted by law.
            
        
        
        
            "AS IS" and "AS AVAILABLE" Disclaimer
            
                The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without
                warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own
                behalf and on behalf of its Affiliates and its and their respective licensors and service providers,
                expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to
                the Service, including all implied warranties of merchantability, fitness for a particular purpose,
                title, and non-infringement, and warranties that may arise out of course of dealing, course of
                performance, usage, or trade practice.
            
            
                Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no
                representation of any kind that the Service will meet Your requirements, achieve any intended results,
                be compatible or work with any other software, applications, systems or services, operate without
                interruption, meet any performance or reliability standards or be error-free or that any errors or
                defects can or will be corrected.
            
            
                Without limiting the foregoing, neither the Company nor any of the company's providers makes any
                representation or warranty of any kind, express or implied: (i) as to the operation or availability of
                the Service, or the information, content, and materials or products included thereon; (ii) that the
                Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any
                information or content provided through the Service; or (iv) that the Service, its servers, the content,
                or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms,
                malware, timebombs, or other harmful components.
            
            
                Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on
                applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may
                not apply to You. But in such a case the exclusions and limitations set forth in this section shall be
                applied to the greatest extent enforceable under applicable law.
            
        
        
        
            Governing Law
            
                The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of
                the Service. Your use of the Application may also be subject to other local, state, national, or
                international laws.
            
        
        
        
            Disputes Resolution
            
                If You have any concern or dispute about the Service, You agree to first try to resolve the dispute
                informally by contacting the Company.
            
        
        
        
            United States Federal Government End Use Provisions
            
                If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is
                defined at 48 C.F.R. §2.101.
            
        
        
        
            United States Legal Compliance
            
                You represent and warrant that (i) You are not located in a country that is subject to the United States
                government embargo, or that has been designated by the United States government as a "terrorist
                supporting" country, and (ii) You are not listed on any United States government list of prohibited or
                restricted parties.
            
        
        
        
            Severability and Waiver
            Severability
            
                If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed
                and interpreted to accomplish the objectives of such provision to the greatest extent possible under
                applicable law and the remaining provisions will continue in full force and effect.
            
            Waiver
            
                Except as provided herein, the failure to exercise a right or to require performance of an obligation
                under these Terms shall not affect a party's ability to exercise such right or require such performance
                at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
            
        
        
        
            Translation Interpretation
            
                These Terms and Conditions are provided in English only and the English version shall prevail in the case of any dispute.
            
        
        
        
            
                Changes to These Terms and Conditions
                
                    We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a
                    revision is material We will make reasonable efforts to provide at least 30 days' notice prior to
                    any new terms taking effect. What constitutes a material change will be determined at Our sole
                    discretion.
                
                
                    By continuing to access or use Our Service after those revisions become effective, You agree to be
                    bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop
                    using the website and the Service.