Terms of Use

1. Acceptance of Terms

By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you don't agree, please don't use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. If you're under 18, you represent that you have your parent or guardian's permission to use the Service. By using the Service, you confirm that you meet these age requirements.

3. Description of Service

Vimerse LLC provides an enhanced workflow platform for generating scripts, voice, images, and videos. Our Service integrates with third-party API providers including ElevenLabs, Google, and Fal.ai to deliver these features.

4. Account Registration and Security

Creating an Account: You must provide accurate and complete information when creating your account. You're responsible for keeping your login credentials secure.

Account Responsibility: You're responsible for all activity that occurs under your account. Notify us immediately if you suspect unauthorized access.

Device Limit: Each license allows use on up to two (2) devices. You may manage your devices through your account settings.

One Account Per User: You may only create one account unless we give you permission otherwise.

5. License Plans and Commercial Rights

We offer different license tiers with different usage rights and support periods:

Standard License:

• Use the Service to generate content for personal, non-commercial purposes only
• You do not have commercial rights to content generated under a Standard license
• Receive feature updates and support for 3 months from purchase date
• After 3 months, you may continue using existing features but will not receive new features or updates

Pro License:

• Full commercial rights to use, distribute, and monetize content generated through the Service
• Receive feature updates and support for 1 year from purchase date
• After 1 year, you may continue using existing features but will not receive new features or updates

Your Rights: Regardless of your subscription tier, you own all rights to the content you create using our Service, subject to the commercial use restrictions noted above for Standard licenses.

Renewal: To continue receiving feature updates and support after your period expires, you may purchase a license renewal at the then-current pricing (plus applicable taxes).

6. Payment Terms

How Billing Works

Our Service operates on a usage-based billing model with threshold-based charging to manage credit risk. After purchasing your license and using your trial credits, we track your usage and bill you based on your actual consumption.

Initial License Purchase

• You must purchase a license (Standard or Pro) to use the Service
• The license fee is a one-time payment that grants you access to the Service
• Applicable taxes (sales tax or VAT) will be calculated and added based on your location
• Your purchase includes trial credits to help you get started
• Trial credit amounts vary by license type and are clearly displayed at time of purchase

Valid Payment Method Required

• You must add and maintain a valid payment method on file to use the Service beyond your trial credits
• We verify your payment method when you add it to your account
• The Service will not function after trial credits are consumed unless you have a valid payment method on file
• You're responsible for keeping your payment information current, including updating card expiration dates and billing addresses
• We may periodically verify your payment method to ensure it remains valid

Backup Payment Methods

• You may add multiple payment methods to your account
• If your primary payment method fails, we'll automatically attempt to charge your backup payment method(s)
• We strongly recommend maintaining at least one backup payment method to avoid service interruptions

Usage Threshold Charges

To manage credit risk and ensure sustainable service delivery, Vimerse reserves the right to charge your payment method when your usage reaches predetermined threshold amounts during the billing cycle, even before the end-of-month billing date.

• Threshold amounts are calculated based on your license type, payment history, and usage patterns
• Initial thresholds typically range from $50 to $200 but may be adjusted at Vimerse's discretion
• You can view your current threshold amount and accumulated usage in real-time through your account dashboard
• When you reach 100% of your threshold amount, we will send you an immediate notification via email and automatically charge your payment method on file
• Upon successful payment, your threshold resets and you may continue using the Service
• If the threshold charge fails, your Service will be immediately suspended until payment is successfully processed

Monthly Usage Billing

• Each billing cycle includes all usage from the calendar month
• Your monthly bill is due immediately upon issuance at the end of each month
• The billing date is established when you first begin using the Service after consuming trial credits
• You can view your current month's accumulated usage at any time in your account dashboard
• Different operations consume different amounts and cost different rates based on complexity and resource usage
• Costs for specific operations are displayed before you confirm each generation

Authorization

By using the Service beyond your trial credits, you authorize Vimerse to automatically charge your payment method on file for all usage fees incurred, whether through threshold charges or end-of-month billing.

Payment Processing

• Charges are processed automatically when thresholds are reached or at the end of each calendar month
• All payments are processed through our payment processor, Lemon Squeezy
• All charges are in U.S. Dollars unless otherwise specified
• You'll receive an email receipt for each charge

Taxes and VAT

All prices displayed on the Service are exclusive of taxes unless explicitly stated otherwise.

• Sales Tax (US Customers): Applicable state and local sales tax will be automatically calculated and collected based on your billing address
• VAT (International Customers): The applicable VAT rate will be automatically calculated and collected based on your location
• Tax Identification: Business customers in a VAT jurisdiction may provide a valid VAT ID during checkout. If verified, VAT may not be charged (reverse charge mechanism applies where applicable)
• Accurate Information Required: You're responsible for providing accurate billing address and location information
• Your Responsibility: You're responsible for paying all applicable taxes associated with your use of the Service
• Tax Changes: Tax rates and requirements may change. Current tax rates will be applied at the time of each charge

Payment Failure and Service Suspension

If a payment fails (whether at a usage threshold or end-of-month billing):

• Immediate Service Suspension: You will not be able to generate new content, use the chatbot assistant, or access any content generation features
• Your license remains valid during suspension, but you cannot actively use the Service until payment is processed
• Immediate Notification: We'll send you an email with instructions to update your payment method
• Automatic Retry: Our payment processor will attempt to process the payment again within 24 hours, with up to 4 total attempts over 2 weeks (days 1, 3, 7, and 14)
• Account Access During Suspension: You may still access your account to update payment information, view usage history, and manage settings
• Service Reactivation: Once payment is successfully processed, your Service access will be immediately and automatically restored with no reactivation fees

Outstanding Balances

• You remain responsible for all outstanding charges, even if your Service is suspended
• Unpaid balances may be subject to late fees, interest, and collections costs as permitted by law
• We reserve the right to pursue collection through collection agencies or legal action
• You'll be responsible for all reasonable costs of collection, including attorney fees
• We may report unpaid balances to credit bureaus

Important: All content generated while you have an outstanding balance remains your property under Section 7, but your access to the Service will remain suspended until payment is made.

Refunds

• Monthly usage fees and threshold charges are non-refundable except as required by law or as we determine in our sole discretion
• If you believe you were incorrectly charged, you must contact us within 30 days of the charge

Price Changes

• We may change our usage rates with at least 30 days' notice
• Your current billing cycle will complete at the old rates
• New rates apply to usage starting in the next billing cycle
• Continued use after a price change constitutes acceptance of the new rates

7. Your Content and Ownership

You Own Your Content: You retain all ownership rights to the content you create using the Service, including scripts, voice recordings, images, and videos ("Your Content"), regardless of account status or payment status.

License to Us: You grant Vimerse a limited license to host, store, and process Your Content solely to provide the Service to you. We won't use Your Content for any other purpose without your permission.

Access to Your Content: While you own Your Content at all times, your ability to access, download, or use the Service to work with Your Content requires an active account in good standing with all payments current.

Your Responsibility: You're responsible for Your Content. Make sure you have the right to use any materials you upload or input into the Service.

8. Prohibited Content and Conduct

You may not use the Service to create, upload, or share:

• Content that is illegal, fraudulent, or infringes on others' rights
• NSFW (Not Safe For Work) content, including pornographic, sexually explicit, or excessively violent material
• Content that violates the terms of service or usage guidelines of our third-party providers (ElevenLabs, Google, Fal.ai)
• Content that harasses, threatens, or bullies others
• Malware, viruses, or other harmful code
• Spam or unsolicited promotional content
• Content that impersonates others or misrepresents your affiliation

Enforcement: We reserve the right to remove content that violates these Terms and to suspend or terminate accounts that repeatedly violate our policies.

9. Third-Party Services

Our Service uses APIs from third-party providers including ElevenLabs, Google, and Fal.ai. Your use of the Service is also subject to these providers' terms of service and usage policies. We're not responsible for these third-party services or any issues that arise from their use.

All payments are processed through Lemon Squeezy. Your payment information is provided directly to Lemon Squeezy and is subject to their privacy policy and terms of service.

10. Intellectual Property

Our Service: Vimerse retains all rights to the Service itself, including our software, design, trademarks, and technology. These Terms don't give you any ownership rights to the Service.

Your Content: As stated above, you own Your Content. Our intellectual property rights don't extend to content you create.

11. Disclaimers

"As Is" Service: The Service is provided "as is" without warranties of any kind, whether express or implied. We don't guarantee that the Service will be uninterrupted, error-free, or secure.

AI-Generated Content: Content generated through the Service is created using AI technology. We don't guarantee the accuracy, quality, or appropriateness of generated content. You should review all generated content before use.

Third-Party Services: We're not responsible for any issues with third-party services we integrate with, including our payment processor.

Usage Tracking: We make reasonable efforts to accurately track usage, but we're not liable for any discrepancies. If you believe there's an error in your usage charges, contact us within 30 days.

Payment Processing: We're not responsible for payment processing errors or delays caused by your financial institution, payment processor, or payment provider.

12. Limitation of Liability

To the fullest extent permitted by law, Vimerse LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the Service
• Any suspension or termination of the Service due to payment issues
• Any unauthorized access to or use of our servers or your personal information
• Any bugs, viruses, or other harmful code transmitted through the Service
• Any errors or omissions in content, or any loss or damage from using content generated through the Service
• Any usage tracking or billing disputes
• Any collection activities related to outstanding balances

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months before the claim arose, or $100, whichever is greater.

13. Indemnification

You agree to indemnify and hold Vimerse LLC, its affiliates, officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your Content
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your failure to pay amounts owed to Vimerse

14. Termination

By You: You may close your account at any time through your account settings or by contacting us. You remain responsible for any outstanding charges incurred before termination.

By Us: We may suspend or terminate your access to the Service at any time, with or without cause, including if you violate these Terms or fail to pay amounts owed.

Effect of Termination: Upon termination, your right to use the Service immediately ceases. Any unpaid usage charges become immediately due and payable. We may delete your account and Your Content, though we'll make reasonable efforts to allow you to export Your Content before deletion if your account is in good standing.

15. Changes to Terms

We may modify these Terms at any time. If we make material changes, we'll notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Changes to the Service

We may modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We're not liable for any modification, suspension, or discontinuation of the Service. Usage rates and pricing may change with at least 30 days' notice.

17. Governing Law and Disputes

These Terms are governed by the laws of the United States and the state where Vimerse LLC is incorporated, without regard to conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that either party may seek injunctive relief in court if necessary.

18. General Terms

Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and Vimerse LLC.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

No Waiver: Our failure to enforce any right or provision of these Terms doesn't constitute a waiver of that right or provision.

Assignment: You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

19. Contact Us

If you have questions about these Terms, please contact us at:

Vimerse LLC
675 VFW PKWY #267
Chestnut Hill, MA 02467
United States
info@vimerse.app