Terms of Service

1. Introduction

Welcome to Vume.ai ("Company," "we," "us," or "our"). By accessing or using our website, services, and applications (collectively, the "Services"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Vume.ai. If you do not agree to these Terms, you must immediately discontinue use of our Services.

2. Description of Services

Vume.ai provides artificial intelligence-powered agents and tools designed to assist businesses with content creation, marketing strategies, and customer engagement, including but not limited to:

• Content Writer AI for article creation, blog posts, product descriptions, and other written content
• Social Media AI for social media management, trend detection, and content scheduling
• Graphic Designer AI for image generation and visual content creation
• Analytics Manager, SEO Optimizer, and Customer Support AI agents
• Integration capabilities with third-party platforms and services

3. Use of Services

Our Services are designed to help businesses create and manage content using artificial intelligence. You agree to use these Services only for lawful purposes and in accordance with these Terms, applicable laws, regulations, and generally accepted practices or guidelines in relevant jurisdictions.

• You must be at least 18 years old and possess the legal authority to enter into these Terms
• You are solely responsible for maintaining the confidentiality and security of your account credentials
• You are prohibited from using our Services to violate any laws, regulations, or third-party rights
• You must not interfere with, disrupt, or attempt to gain unauthorized access to our Services or servers
• Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law enforcement agencies

4. AI-Generated Content

Our Services utilize artificial intelligence to generate content, including but not limited to text, images, and marketing materials. You acknowledge and agree to the following with respect to AI-generated content:

• Vume.ai makes no representations or warranties regarding the accuracy, originality, or appropriateness of AI-generated content for any particular purpose
• You are solely responsible for reviewing, editing, and approving all AI-generated content before publishing or distributing it
• You acknowledge that AI-generated content may inadvertently contain factual errors, unintended biases, or unexpected outputs
• You are solely responsible for ensuring AI-generated content complies with all applicable laws, including but not limited to copyright laws, false advertising laws, defamation laws, and industry-specific regulations
• You agree to use appropriate disclosures regarding AI-generated content where required by law or industry standards
• Vume.ai makes no guarantee regarding the uniqueness of AI-generated content, and multiple users may receive similar outputs

5. Training Data and Model Improvement

You acknowledge and agree that Vume.ai may collect and use data input into our Services, including your prompts, instructions, and feedback, to improve our AI models and Services. By using our Services, you grant Vume.ai a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use anonymized data derived from your use of the Services for the purposes of training, improving, and developing our AI models and Services.

You represent and warrant that you have all necessary rights and permissions to provide any data you upload or input into our Services, and that your use of our Services will not violate any third-party rights or applicable laws.

6. Intellectual Property

The content you create using our AI Services is owned by you; however, you hereby grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, distribute, and display such content solely for the purposes of providing, maintaining, and improving our Services. Our platform, including without limitation its code, design, features, functionality, and all intellectual property rights therein, remains the exclusive property of Vume.ai or its licensors. Nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

7. Free Trial and Subscription Limitations

Vume.ai may offer free trials or limited free usage of our Services ("Free Tier"). You acknowledge and agree to the following with respect to free trials and Free Tier usage:

• Free trials and Free Tier usage are subject to limitations, including but not limited to the number of articles, social media posts, or images that can be generated
• Vume.ai reserves the right to modify or terminate free trials or Free Tier offerings at any time without notice
• Free trial or Free Tier users are not entitled to the same level of service, support, or features as paid subscribers
• Upon expiration of a free trial, you may be automatically converted to a paid subscription unless you cancel prior to the end of the trial period
• Free Tier usage does not create an obligation for Vume.ai to continue providing any services without payment, and we reserve the right to implement additional usage restrictions

8. Payment Terms and No Refund Policy

Certain aspects of our Services require payment. You agree to pay all fees according to the pricing terms in effect when the charges are incurred. You must provide valid payment information and keep it updated.

We reserve the right to change our pricing structure at any time. Changes to recurring subscription fees will take effect at the start of the next billing cycle. Continued use of our Services after a price change constitutes acceptance of the new pricing terms.

9. Automated Actions and Third-Party Platforms

Our Services may enable you to automate certain actions on third-party platforms, including but not limited to social media networks, search engines, and other online services. You acknowledge and agree to the following:

• You are solely responsible for ensuring that your use of our automation tools complies with the terms of service, guidelines, policies, and applicable laws of any third-party platform you interact with through our Services
• Vume.ai expressly disclaims all liability for any consequences resulting from your use of our automation features, including but not limited to account suspension, account termination, shadowbanning, content removal, or any other restrictive or punitive actions taken by third-party platforms against your account(s)
• You acknowledge that you have reviewed and understand the relevant third-party platform terms, including but not limited to:
  • X (formerly Twitter) Terms of Service (https://x.com/en/tos)
  • X Automated Account Labels (https://help.x.com/en/using-x/automated-account-labels)
  • Google Search and AI Content Guidelines (https://developers.google.com/search/blog/2023/02/google-search-and-ai-content)
  • Any other applicable third-party platform terms that may apply to your automated activities
• You agree to indemnify and hold harmless Vume.ai from any claims, damages, liabilities, costs, or expenses arising from your violation of any third-party platform terms or policies

10. API Usage and Integration

Vume.ai may provide Application Programming Interfaces ("APIs") that allow you to integrate our Services with third-party applications or your own systems. You acknowledge and agree to the following with respect to API usage:

• Your use of our APIs is subject to these Terms as well as any additional API documentation or guidelines we may provide
• We reserve the right to modify, limit, or discontinue any API at any time without notice
• You are responsible for securing your API keys and preventing unauthorized access
• You may not use our APIs to develop applications that compete with Vume.ai's core offerings
• API usage may be subject to rate limits, and we reserve the right to throttle or suspend access for excessive usage
• You are solely responsible for any third-party applications or services that you integrate with our APIs

11. Usage Limits and Fair Use

Vume.ai reserves the right to impose usage limits on our Services, including but not limited to the number of requests, generations, or operations performed within a given time period. You agree to abide by the following fair use principles:

• You will not attempt to circumvent any technical limitations or usage restrictions we implement
• You will not use automated scripts or other means to generate excessive traffic or requests to our Services
• You will not resell, redistribute, or provide third-party access to our Services without our express written permission
• You acknowledge that we may throttle, suspend, or terminate your access if we determine, in our sole discretion, that your usage patterns are abusive, excessive, or detrimental to our Services or other users

12. Image Generation and Visual Content

Our Graphic Designer AI and image generation features are subject to the following additional terms:

• You agree not to generate images that infringe on third-party intellectual property rights, including trademarks, copyrights, or publicity rights
• You agree not to generate images that contain hateful, harassing, defamatory, or illegal content
• You acknowledge that our image generation technology may have limitations and may not produce images exactly as described in your prompts
• You are solely responsible for obtaining any necessary clearances, permissions, or licenses for commercial use of AI-generated images
• You acknowledge that we may implement technical measures to prevent the generation of certain types of content, and that these measures may evolve over time

13. Termination

We reserve the right, in our sole discretion, to suspend or terminate your access to our Services at any time for any reason, including but not limited to violation of these Terms, without prior notice or liability. Upon termination, your right to use the Services will immediately cease, and all provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You may terminate your account at any time, but you will remain liable for all amounts due up to and including the date of termination. Termination of your account does not relieve you of the obligation to pay any outstanding fees.

14. Disclaimer of Warranties

15. Limitation of Liability

16. Indemnification

You agree to defend, indemnify, and hold harmless Vume.ai, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (d) any claim that your content or use of automation features caused damage to a third party or violated any third-party platform's terms of service. This defense and indemnification obligation will survive these Terms and your use of the Services.

17. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes via email to the address associated with your account or by prominently posting a notice on our website. What constitutes a material change will be determined at our sole discretion. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using our Services. You are expected to check this page periodically so you are aware of any changes.

18. Data Security and Privacy

While we implement reasonable security measures to protect your data, you acknowledge that no method of transmission over the Internet or electronic storage is 100% secure. You agree to the following:

• You are responsible for maintaining the confidentiality of your account credentials
• You will notify us immediately of any unauthorized access to your account
• You acknowledge that your use of our Services involves the transmission of data over networks that are not owned, operated, or controlled by us
• You will not input or upload any sensitive personal information or protected health information unless our Services explicitly support such data and we have entered into appropriate data processing agreements
• Our collection and use of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms

19. SEO and Content Optimization

Our SEO Optimizer and content optimization features are provided for informational purposes only. You acknowledge and agree to the following:

• Vume.ai makes no guarantees regarding search engine rankings or the effectiveness of SEO recommendations
• Search engine algorithms frequently change, and our recommendations may not reflect the most current best practices
• You are solely responsible for implementing SEO recommendations in compliance with search engine guidelines
• Vume.ai is not responsible for any penalties, de-indexing, or negative consequences resulting from your implementation of SEO recommendations
• You acknowledge that AI-generated content may require human review and editing to comply with search engine guidelines regarding AI content

20. Service Availability and Maintenance

While we strive to provide uninterrupted access to our Services, you acknowledge that temporary interruptions may occur for maintenance, updates, or other technical reasons. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice. We shall not be liable for any interruption, delay, or discontinuation of Services. We may perform scheduled maintenance during which the Services may be unavailable. We will make reasonable efforts to provide advance notice of scheduled maintenance, but we reserve the right to perform emergency maintenance without notice.

21. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. Any attempted assignment without such consent will be null and void. Vume.ai may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. No assignment shall relieve you of your obligations hereunder. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns.

22. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by Vume.ai relating to the Services, shall constitute the entire agreement between you and Vume.ai concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

23. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the courts located in [Your Jurisdiction], and you hereby consent to the personal jurisdiction and venue therein.

24. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

25. Force Majeure

Vume.ai shall not be liable for any failure or delay in the performance of its obligations under these Terms for causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. In the event of any such delay, Vume.ai's performance shall be extended for a period equivalent to the time lost by reason of the delay.