VSL AI USER AGREEMENT
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 6 AND 7). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Your use of www.vsl.ai, including any sub-domains thereof, affiliated websites, website applications such as our generative-AI web application (“GWA”), and mobile applications (collectively, the “Website”), which are owned and maintained by VSL.AI, LLC (“VSL AI,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or submitting information over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 8 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 8 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the terms at any time on this page (https://www.vsl.ai/terms-of-use) (“Terms”, “Agreement”). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
We control and operate the online and mobile resources from within the United States of America (the “U.S.”). Information collected through the Website may be stored and processed in the United States or any other country in which our vendors or we maintain facilities. Although we do not actively block or monitor visitors from other countries, the Website is directed only at visitors from the U.S. As such, this Agreement is consistent with U.S. law and practice and is not adapted to other laws (including European data security and privacy laws).
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it. All material on the Website, including, without limitation, all informational text, photographs, animation, illustrations, artwork, software, music, sound, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by VSL AI. VSL AI disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Website, including on the GWA, are the property of their rightful owners and used with permission. You agree not to display or use such marks without VSL AI's prior written permission.
The Materials on the Website, as well as the GWA but excluding Generated Materials, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, including by e-mail or other electronic means, without the prior written consent of VSL AI. Any modification of the Materials, use of the Materials on any networked computer environment or application, or use of the Materials for any purpose other than personal, non-commercial use could constitute a violation of the copyright, trademark and other proprietary rights in the Materials and is expressly prohibited.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; (3) any other unlawful act; (4) use the GWA in a way that infringes, misappropriates or violates any person’s rights; (5) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the GWA (except to the extent such restrictions are contrary to applicable law); (6) use output from the GWA to develop models that compete with VSL AI; (7) except as permitted through the GWA, use any automated or programmatic method to extract data or output from the GWA, including scraping, web harvesting, or web data extraction; (8) represent that output from the GWA was human-generated when it is not; (9) buy, sell, or transfer GWA keys without our prior consent; or (10), send us any personal information of children under 13 or the applicable age of digital consent.
VSL AI offers a Money-Back Guarantee on certain purchases within thirty (30) days from the date that you placed your order for a full refund according to the following terms. The Money-Back Guarantee is only valid on products purchased directly from www.vsl.ai. If you claim a refund during the first thirty (30) days and later decide that you want to repurchase a product, you will no longer be able to take advantage of this Money-Back Guarantee. Please email us at email@example.com to request a refund. VSL AI will refund the entire purchase price for all approved refunds. Refunds will be issued to the same credit card or method of payment that was used to order the product.
We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website.
This section applies to everyone who interacts with our online presence, including social media postings, comment sections, feeds, and other elements of social media postings viewable on YouTube, TikTok, Facebook, LinkedIn, or any of the many other available external third-party platforms we may use (“Social Media Presence”).
ANY GENERATED MATERIALS CREATED BY THE GWA IS THE SOLE RESPONSIBILITY OF THE ENTITIES WHO HAS PROVIDED THE SUBMISSIONS TO THE VWA. VSL AI MAKES NO REPRESENTATIONS ABOUT AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, TRUTHFULNESS OR TIMELINESS OF SUCH GENERATED MATERIALS; INCLUDING WITHOUT LIMITATION, THE ACCURACY AND TRUTHFULNESS OF ANY GENERATED MATERIALS. VSL AI SHALL NOT BE RESPONSIBLE FOR ANY DECISIONS RELATED TO THE GENERATED MATERIALS MADE BY YOU. IN ADDITION, EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL SERVICES PROVIDED, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE OR THE GWA WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NO INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH VSL AI ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in Delaware on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and VSL AI both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. VSL AI will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.
The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Delaware: (i) an action by VSL AI relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by VSL AI for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Delaware, and forever waive any challenge to said courts’ jurisdiction and venue.
Before initiating any Claim against the other, you and we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by certified mail to Attn: Legal Department, 3422 Old Capitol Trail, PMB# 513, Wilmington DE 19808-6192, United States. VSL AI will contact you by letter at the billing address you provided to us or at the email address, you provided to us. You agree to negotiate with VSL AI or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.
You and VSL AI agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be forever barred.
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Delaware unless VSL AI otherwise agrees to arbitrate in another forum requested by you.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
This provision survives termination of your account or relationship with VSL AI, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and VSL AI and shall not be modified except in writing by VSL AI.
VSL AI reserves the right to amend this arbitration provision at any time. Your continued use of the Website, or use or attempted use of a VSL AI services, constitutes your consent to such changes. VSL AI.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE ACCESSED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US VIA CERTIFIED MAIL AT VSL AI, ATTN: LEGAL DEPARTMENT, ATTN: LEGAL DEPARTMENT, 3422 OLD CAPITOL TRAIL, PMB# 513, WILMINGTON DE 19808-6192, UNITED STATES. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY SERVICE OR PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless VSL AI, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, (2) your breach of any representations or warranties in this Agreement; (3) your use or distribution of the Submissions or Generated Materials, or (4) your violation of any law or the rights of a third-party.
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
You may submit or post to and/or provide us through the GWA information, including without limitation, VSL scripts, basic information, product background, know-how, techniques, reviews, comments, testimonials, and suggestions (collectively, “Submissions”) and receive output generated and returned by the GWA based on the Submissions (“Generated Materials”). Submissions and Output are collectively (“Content”).
As between the parties and to the extent permitted by applicable law, you own all Submissions. Subject to your compliance with this Agreement, VSL AI hereby assigns to you all its right, title and interest in and to Generated Materials. This means you can use Generated Materials for any purpose, including commercial purposes such as sale or publication, if you comply with this Agreement. VSL AI may use Generated Materials to provide and maintain the GWA, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or this Agreement.
Generated Materials may not be unique across users and the GWA may generate the same or similar output for VSL AI or a third party. Furthermore, due to the probabilistic nature of machine learning, use of our GWA may in some situations result in incorrect Generated Materials that does not accurately reflect real people, places, or facts. You must evaluate the accuracy of any Generated Materials as appropriate for your use case, including by using human review of the Generated Materials. VSL AI will not be liable in any way for any General Materials posted by you, including without limitation, any errors or omissions in the content, any violations of the rights of any third parties, including intellectual property rights, or for any loss or damage of any kind incurred by you as a result of the use or display of any Generated Materials posted, e-mailed or otherwise transmitted.
In the event that you distribute or publish the Generated Materials, you represent and warrant that (i) all claims and other information contained within the Generated Materials are true, not misleading, and have reliable substantiation, (ii) the Generated Materials do not infringe, misappropriate or violate any person’s rights and (iii) the Generated Materials and distribution of Generated Materials complies with all applicable federal and state law, including without limitation advertising, consumer protection, and intellectual property law.
This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the following contact person:
Notification of Claimed Infringement: VSL AI
Attn: DMCA/Copyright Agent
3422 Old Capitol Trail, PMB# 513, Wilmington DE 19808-6192, United States
+1 (949) 436-1550
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You may not assign any of your rights under these Terms, and any such attempt will be null and void. VSL AI and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of VSL AI’s business is transferred to another entity by way of merger, sale of its assets or otherwise.
No waiver by VSL AI of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by VSL AI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
In the event that we terminate this Agreement, Sections 2-4, 6-9, 11-17, 19, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and VSL AI, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
If you purchased a product or service through the Website, please contact Customer Support by phone or email.
Email address: firstname.lastname@example.org
Telephone: +1 (949) 436-1550
Address: 3422 Old Capitol Trail, PMB# 513, Wilmington DE 19808-6192, United States