Terms of Service

Last Updated: January 26, 2025

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Vivid2Real (“we,” “us,” or “our”), concerning your access to and use of the vivid2real.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site” and “Services”).

You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and Services and you must discontinue use immediately.

2. Intellectual Property Rights

Unless otherwise indicated, the Site and Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

Regarding user-provided materials for avatar/model creation: You retain ownership of any intellectual property rights that you hold in the content you submit. However, by submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content solely for the purpose of providing the requested Services to you. As stated in our submission forms, materials you provide serve as aesthetic inspiration, and the final 3D models created by us will be original works unless explicit legal clearance for replication is provided by you.

The custom 3D avatar models and animations we create for you based on your free “Explorer” plan requests (up to 3 videos) are for your personal, non-commercial use. For “Bespoke Animator” plan or custom physical model requests, usage rights will be detailed in your specific service agreement.

3. User Representations

By using the Site or Services, you represent and warrant that:

  1. all registration information you submit will be true, accurate, current, and complete;
  2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. you have the legal capacity and you agree to comply with these Terms of Service;
  4. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
  5. you will not access the Site or Services through automated or non-human means, whether through a bot, script or otherwise;
  6. you will not use the Site for any illegal or unauthorized purpose;
  7. your use of the Site or Services will not violate any applicable law or regulation.

4. Prohibited Activities

You may not access or use the Site or Services for any purpose other than that for which we make the Site and Services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

Examples:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Attempt to impersonate another user or person or use the username of another user.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.

5. Service Delivery and Modifications

For our “Free” plan, we will endeavor to create a 3D avatar and up to 3 animation videos based on your description. We reserve the right to interpret descriptions and apply creative discretion. Delivery times are not guaranteed.

For “Custom Animation” or physical model requests, specific terms, scope, pricing, and delivery will be outlined in a separate agreement or quote.

We reserve the right to change, modify, or remove the contents of the Site or our Service offerings at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

6. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Site or Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON.

7. Governing Law

These Terms shall be governed by and defined following the laws of NY, USA. Vivid2Real and yourself irrevocably consent that the courts of NY, USA shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

8. Disclaimer

THE SITE AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Contact Us

In order to resolve a complaint regarding the Site or Services or to receive further information regarding use of the Site or Services, please contact us at:

Email: support@vivid2real.com