Last updated: Jun 13, 2024

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the vizard.ai website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and Short.ai ("Short.ai", "we", "us" or "our"). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Short.ai, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and membership

You must be at least 13 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or explain would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

The Service allows Users to upload, share or provide your own explain to the Website. By providing explain to the Website, Users confirm that you are legally allowed to do so and that you are not infringing on any statutory provisions and/or third-party rights.

Users acknowledge and accept that by providing your own explain on the Website you grant us a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sub-licensable license to access, use, host, cache, reproduce, transmit, and display your explain in connection with the use of the Services solely for the operation and maintenance of the Website as contractually required.

Users are solely liable for any explain you upload, post, share, or provide through the Website. Users acknowledge and accept that the Company does not filter or moderate such explain unless as required to perform the work contractually bound by the Terms. However, the Company reserves the right to remove, delete, block or rectify such explain at its own discretion and to, without prior notice, deny uploading User access to the Website:

• if any complaint based on such explain is received;
• if a notice of infringement of intellectual property rights is received;
• upon order of a public authority;
• where the Company is made aware that the explain, while being accessible via the Website, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion, blocking or rectification of explain shall not entitle Users that have provided such explain or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold the Company harmless from and against any claim asserted and/or damage suffered due to explain they provided to or provided through the Website.

Machine learning

We shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Service and related systems and technologies ("Usage Data"). The Service may be implemented using machine learning systems with features and implementations designed to generate statistics, calibrate data models, and improve algorithms in the course of processing contends provided by users and Usage Data ("Machine Learning"). Nothing in these Terms prohibits Company from using such Machine Learning for testing, tuning, optimizing, validating, or otherwise enhancing the analytics, models, or algorithms underlying the Service.

Nothing in these Terms gives you any rights in or to any part of the Service or the Machine Learning generated by Company or the Machine Learning generated in the course of providing the Service.

Billing, payments and Refund

You are responsible for paying all fees or charges associated with your account according to the applicable fees, charges, and billing terms in effect at the time of payment. If you are using our Services on a free trial basis, payment may be required after the trial period ends. Please note that entering your billing details may be required before the trial period begins, but actual payment will occur after the trial period.

If you have enabled auto-renewal for your subscribed Services, you will be automatically charged based on the selected term. Our payment system ensures the secure exchange of sensitive and private data through SSL encryption and digital signatures. The Website and Services comply with PCI vulnerability standards to maintain a secure environment.

We regularly perform malware scans to enhance security. In the event that we identify your purchase as a high-risk transaction, we may request additional information such as a copy of your valid government-issued photo identification and a recent bank statement for the card used in the purchase.

We reserve the right to modify product offerings and pricing at any time. We also retain the right to refuse any order and may limit or cancel quantities purchased per person, household, or order. These restrictions may apply to orders placed under the same customer account, credit card, and/or billing and shipping address. If we make changes or cancel an order, we will make reasonable efforts to notify you via the provided email, billing address, or phone number.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Backups

We perform regular backups of the Website and its explain and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Short.ai will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the explain of their resources. We do not assume any responsibility or liability for the actions, products, services, and explain of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or explain:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet;

(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(i) for any obscene or immoral purpose;

(j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet; or

(k) to misappropriate any account in use by another User; We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Short.ai or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Short.ai All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Short.ai or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Short.ai or third party trademarks.

Disclaimer of warranty

You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Short.ai, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of explain, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.

Indemnification

You agree to indemnify and hold Short.ai and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your explain, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Cayman Islands without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Cayman Islands. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Cayman Islands, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the top of this page, send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Some of our features such as "Sign Up/In" and "Publish to YouTube" require authorization from Google and YouTube API Services. By agreeing to our Terms of Service, you also agree to be bound with both their terms and policies (Google Terms of Service and YouTube Terms of Service). You are free to make changes and revoke access at any time. For further information, please refer to Google Privacy Policy and Google Security Settings.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the email below: