Terms of Use and End User License Agreement

Last updated: September 2024

I. INTRODUCTION

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

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

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

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

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

II. CHANGES TO THIS AGREEMENT

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

III. RESTRICTIONS ON WHO CAN USE THE APP

Our App is not intended for children. Therefore, we do not knowingly or intentionally collect or solicit any personal information from children. For the purposes of this Section X the terms “child” and/or “children” in the context of data processing activities may be interpreted on a case-by-case basis as prescribed by applicable data protection laws. No one who is considered a “child” under applicable data protection laws is allowed to directly provide any personal information to the App.

As a general rule we consider a person under the age of 16 to be regarded as “a child” until we have legal grounds to conclude that a person under 16 should be treated as an adult as per provisions of local data protection rules or based on the parent authorization provided to us directly.

Solely the holders of parental responsibility are liable for preventing their children from providing personal information via the App without relevant verifiable parental consent. If we learn that we have collected personal information from a child without verification of parental consent, we will erase that information as quickly as possible. If you reasonably believe that we might have any information from or about a child, or a child has directly provided us with personal information via the App without verifiable parental consent, please contact us.

IV. GENERAL TERMS

The App offers tools based on Artificial Intelligence models and technologies that allow you to generate interior designs. See the full performance list on the App’s page in the App Store.

V. PRIVACY POLICY

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

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

INTELLECTUAL PROPERTY RIGHTS RELATED TO THE APP

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

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

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

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

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

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

All right, title and interest in and to the App and its content, the Works and Means of individualization as well as its functionalities (1) are the exclusive property of APP VIZYON and/or our partners and/or contractors, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the App License herewithin.

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

USER CONTENT

  • How can I use the generated content?

    • The App allows you to submit content as text and/or image prompts (the “Input Content”) and generate new original interior designs content using AI (the “Output Content”). For the purposes of this subsection, the term “User Content” explicitly includes both Input and Output Content. You can do whatever you like with your Input and Output Content - to use it as illustrations, to incorporate it into other works, to replicate, to distribute, to profit from the sale of copies of any products containing the Input and Output Content or to get benefit from the use of a digital version of the content.

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

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

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

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

  • For how long will my Output Content be circulating on the web?

    • As it is indicated above, the license and rights granted by you with respect to your User Content are temporary. This means that your User Content is stored and processed by us and by our service provider within strictly defined limited periods of time. Your Input Content will be permanently deleted from our servers within 24 hours after use or earlier. Your Output Content will be permanently deleted after 30 days after the time of the generating.

  • Are there any restrictions on the Input Content?

    • You assume and bear all the risks related to your use of User Content. It is your sole responsibility to ensure compliance with the applicable laws while using User Content. Before you upload your Input Content make sure that:

    • Input Content belongs to you or you have otherwise obtained the right to use it in the way that is technically allowed by the App;
    • Input Content is legally and socially acceptable and does not go against public order;
    • Input Content does not infringe any third party’s rights, including the copyright and the right to privacy.

    Please examine Section VII for more details.

    Note that a set of prohibitions and restrictions apply with respect to both Input and Output Content.

    Your compliance with the terms of Section VII is crucial. Your failure to comply with the terms of Section VII may result in termination of your access to the App and/or lead to other negative consequences. Among other things, if you fail to comply with Section VII of the Agreement, you will lose all rights to use AI-generated content produced via the App.

THIRD PARTIES’ MATERIALS AND TECHNOLOGIES INTEGRATED INTO THE APP

The App is using the following third party service providers:

https://stability.ai/ - service provider involved in the processing of the User Content related to the generative AI content.

VII. PROHIBITED BEHAVIOR

You agree not to use the App in any way that:

  • is unlawful, illegal or unauthorized;
  • is defamatory of any other person;
  • is obscene or offensive;
  • infringes any copyright, database right or trademark of any other person;
  • advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Additional restrictions related to the use of the AI models in the App.

In addition, you agree not to use the App and/or User Content:

  • in any way that violates any applicable national, federal, state, local or international law or regulation;
  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
  • to generate or disseminate verifiably false information and/or content with the purpose of harming others;
  • to generate or disseminate personal identifiable information that can be used to harm an individual;
  • to defame, disparage or otherwise harass others;
  • for fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
  • for any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
  • to exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
  • for any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
  • to provide medical advice and medical results interpretation;
  • to generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use);
  • in any way that violates our service provider Acceptable Use Policy.

IT IS ALSO STRICTLY PROHIBITED TO USE ANY COPYRIGHTED AND/OR TRADEMARKED MATERIALS AS INPUT CONTENT OR TO ENTER ANY OTHER DATA WHILE USING THE APP IF YOU DO NOT HAVE RELEVANT PERMISSION.

Prohibition of objectionable User Content.

It is strictly prohibited to upload, enter, create, generate, use, share, distribute or otherwise exploit any User Content that:

  • is or may reasonably be considered to be illegal, defamatory, libelous, immoral, harmful, misleading, deceptive, fraudulent, indecent, hateful, racially or religiously biased or offensive, slanderous, obscene, pornographic, sexually explicit, or that encourages anyone to violate any local, state, national or international law;
  • can abuse, harass, humiliate or intimidate any person or group;
  • advocates, supports, promotes and/or assists discrimination based on any ground including but not limited to race, sex, religion, nationality, sexual orientation, disability, age;
  • infringes any third party’s copyright, patent, trademark, trade dress, trade secret or other intellectual property right(s) and/or publicity rights, and/or the right to privacy;
  • demonstrates, promotes, depicts and/or incites crimes, offenses and/or violent acts;
  • contains any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programs, codes or material;
  • encourages illegal use of weapons and dangerous objects, or facilitates the purchase of firearms or ammunition;
  • breaches your contractual or fiduciary obligation(s) owed to a third party;
  • otherwise violates any applicable law, rule, regulation or statute.

Representations and warranties with respect to the Input Content uploaded by a user to the App.

By uploading, submitting any Input Content to the App you represent, warrant and undertake to us the following:

  • you are the author and/or exclusive copyright holder of all Input Content that you upload, submit via the App or you have obtained all necessary rights and permissions of the relevant owner of such content so that you have all relevant rights in your Input Content to enable you to use it within the App according to the terms of present Agreement;
  • you have not licensed any rights in your Input Content that will be in conflict with your use of the App according to this Agreement;
  • you have obtained permission for you to use and for us to use the image and likeness of each individual contained in the Input Content in accordance with the terms of this Agreement;
  • your Input Content does not contain any third party materials that you do not have permission to use;
  • your Input Content does not contain visible trademarks or you have appropriate permissions to use such trademarks as part of your Input Content within the limits prescribed by the present Agreement.

Note that it is also strictly prohibited to upload, submit any Input Content that contains child photos, images or likeness.

If the image of property is contained in your Input Content you represent and warrant that you have all appropriate permissions from the owners of such property to upload, submit such Input Content via the App and use it according to the terms of the present Agreement.

Other general restrictions and terms related to the use of the App.

You shall not make the App available to any third parties. In addition, you shall not modify, translate it into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works based on the App or any documentation related to it.

You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.

Misuse of any trademarks or any other content displayed on the App is prohibited.

You shall not copy, duplicate, distribute, publish, or use any content of the App, directly or indirectly, in a way that constitutes a violation of our Intellectual Property Rights.

You shall not make any attempts to use the App or part thereof for malicious intentions.

We are not responsible for the way you use the App.

We are entitled to adopt, against any user who violates the present Agreement, any legal measures at our disposal pursuant to the applicable laws.

All disputes arising from the usage of the App, shall be governed by and construed in accordance with the laws of the State of Florida United States of America, and shall be submitted to the sole jurisdiction of the competent courts of Florida, USA.

VIII. AVAILABILITY OF THE APP, SECURITY AND ACCURACY

In order to use the App, you are required to have a compatible mobile phone or tablet, and Internet access.

The App is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 16.0 or later.

We do not warrant that the App will be compatible with all hardware and software that you may use.

We make no warranty that your access to the App will be uninterrupted, timely or error-free.

You acknowledge that the App requires Internet connection, therefore, the quality and availability of the App may be affected by factors beyond our control.

Please note that we may change or update the App without notifying you. We may suspend your access to the App, or close it indefinitely in case we have a valid reason for that.

You warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it up-to-date at all times.

The version of the App may be upgraded from time to time for the sake of adding new functions and services.

You can discontinue using our Services at any time by choosing the relevant option in your Apple ID Account Settings. In case you decide to stop using the App for any reason you should undertake necessary steps to uninstall it.

IX. CHARGES

The App is available for download on a free basis. Once you download the App, you will have access to its basic features.

Access to the App’s services and/or additional features within the App (“Premium options”) requires In-App Purchases, including paid subscriptions. The full list of Premium options and pricing are provided on the App’s page. You will have an opportunity to try Premium options during the free trial period (if offered) as provided on the signup screen. After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription at least 24 hours before the end of the free trial period. When you cancel your subscription you will no longer have access to the Premium options but can still access the App and its basic features.

You can choose different subscription options. Subscription prices are in U.S. dollars and may vary in countries other than the U.S. You will have all necessary information about your subscription plan and duration of the free trial period on the signup screen before the purchase.

Subscription with a free trial period (if offered) will automatically renew to a paid subscription.

Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.

Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your Apple ID Account Settings at least 24 hours before the current subscription ends. Payment will be charged to Apple ID Account at confirmation of purchase. No cancellation of the current subscription is allowed during the active subscription period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.

You may be charged by your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device, so you should check the terms of agreement with your operator. This may include data roaming charges if you download/access the App outside the state of your permanent residence. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have the permission from the person that does it before incurring any of these charges.

X. THIRD PARTY WEBSITES AND RESOURCES

The App may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.

You acknowledge that you must comply with applicable third party terms of agreement when using the App. You are solely responsible for and bear all risks arising from your use of any third-party websites or resources.

If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

XI. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED INTO THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCT OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF VIOLATION ARISING FROM YOUR USE OF THE APP, INCLUDING ANY BREACH OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY.

XII. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF THE APP IN ANY COUNTRY.

You also acknowledge and agree that your any use of the App or/and User Content is at your sole risk. You assume your full responsibility arising out of your use of the App and/or use, other exploitation, further sharing and distribution of any User Content. In addition, you hereby agree to hold harmless and indemnify us, our successors, assigns, licensees, partners, affiliates, officers, directors, employees from and against any and all claims, liabilities, complaints, losses, expenses and damages of any kind or nature arising out of your use of the App, any use, other exploitation, further sharing and distribution of User Content or out of your failure to comply with the terms of the present Agreement.

XIII. LEGAL COMPLIANCE

You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

XIV. THIRD PARTY BENEFICIARY

You acknowledge and agree that Apple, and Apple’s subsidiaries are the third party beneficiaries of the present Agreement, and that upon your acceptance of the terms and conditions of the present Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third party beneficiary thereof.

XV. GOVERNING LAW AND CLAIMS

Choice of law and choice of forum clauses. The present Agreement shall be governed by and interpreted, construed in accordance with the laws of the state of Florida, USA.

All disputes and claims, suits, causes of action or proceedings between the parties to this Agreement, whether sounding in contract, tort, equity, law, or otherwise, including those arising out of or related to this Agreement, inter alia, pertinent to its performance, alleged breach shall be (i) governed by, construed in accordance with substantive and procedural laws of the state of Florida, USA, excluding and without giving effect to its choice of law provisions; and (ii) exclusively decided by the courts of competent jurisdiction of the state of Florida, USA, to the exclusion of other courts and fora.

We make no representations that the App is appropriate or available for use outside of the USA. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.

If you choose to access or use the App from or in locations outside of the United States, you are responsible for:

  • ensuring that what you are doing in that country is legal; and
  • the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations.

Class Action Waiver. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.

XVI. TERMINATION

We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.

Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App.

XVII. SEVERABILITY

If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

XVIII. CONTACT INFORMATION

We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the App, please contact us using our contact form.

© APP VIZYON