Welcome, and thank you for your interest in Venice.ai, Inc. (“Venice.ai,” “we,” or “us”) and our website at www.venice.ai, along with our related websites, API, mobile application, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Venice.ai regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING VENICE.AI’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND VENICE.AI’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY VENICE.AI AND BY YOU TO BE BOUND BY THESE TERMS.
YOU AGREE TO RECEIVE EMAILS FROM OR ON BEHALF OF VENICE.AI AT THE EMAIL YOU PROVIDE TO US. THESE EMAILS WILL INCLUDE COMMUNICATIONS ABOUT UPDATES TO PRODUCTS OR THE SERVICE, YOUR SUBSCRIPTION (IF APPLICABLE), AND SUPPORT.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 19 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND VENICE.AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. Venice.ai Service Overview
Venice.ai offers a Service with features such as a generative AI chat interface and application programming interface (“API”) that are each designed to provide users with access to various AI models while maintaining the privacy of the users’ prompts.
2. Artificial Intelligence Disclaimer
Some features of the Service receive users’ inputs, messages, or prompts (“Input(s)”) and provides certain outputs (“Output(s)”) in response. Venice.ai uses artificial intelligence to provide such features, including the Outputs. Output is generated and provided by the third-party providers of the applicable AI model, and not Venice.ai, and Venice.ai shall have no responsibility for any Inputs or Outputs, whether or not submitted, generated, provided, offered, or otherwise made available via the Service. The Service may provide Outputs that contain errors, omissions, or which do not accurately reflect real events, places, people, or facts. You rely upon the Output at your sole risk. Venice.ai is not liable for any content generated by or submitted to the Service, including any mistakes, inaccuracies, omissions, or offensive content.
3. No Professional Advice
The Service, including any Outputs made available via the Service, should not be used for, and is not intended to constitute or substitute for, advice from a qualified professional, including medical, legal, accounting, tax, financial, or mental health professionals. You acknowledge and agree that you are fully responsible for your physical, mental, legal, and financial wellbeing while using the Service and for all your choices and decisions. You expressly assume all risks arising from your use of or reliance on the Service, including any Outputs, for any purpose, including professional, medical, legal, financial, or other consequential decisions.
4. Eligibility
You must be at least 13 years old to use the Service. If you are under eighteen (18) years of age, then you must have a parent or guardian’s consent to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old, and if you are under 18, (i) that you have a parent or guardian’s consent to use the Service, and (ii) that you will not disable, block, circumvent, or otherwise impede with the mature content filter in connection with your use of the Service; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
5. Accounts and Registration
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at [email protected].
6. General Payment Terms
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are denominated in U.S. Dollars and are non-refundable, except as required by law.
6.1 Price. Venice.ai reserves the right to determine pricing for the Service. Venice.ai will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. Venice.ai may change the fees for any feature of the Service, including additional fees or charges, if Venice.ai gives you advance notice of changes before they apply. Venice.ai, at its sole discretion, may make promotional offers with different features and different pricing to any of Venice.ai’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
6.2 Authorization. You authorize Venice.ai to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Venice.ai, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Venice.ai may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
6.3 Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Venice.ai or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee,” please see our Pricing Page. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Venice.ai or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. If you purchased your Subscription directly from us, you may cancel your subscription at any time by clicking on your username, clicking “Manage Plan,” and selecting “Cancel subscription.” You can also contact customer service at [email protected]. If you purchased your Subscription Service through an authorized third-party channel partner like the Apple App Store or Google Play, your subscription may be managed directly by the applicable third-party, and must be canceled using the method directed by such third party before the cancellation date mandated by such third party to avoid charges for the next Subscription Period. As of the date of these Terms, Apple App Store subscriptions may be managed or canceled at https://account.apple.com/account/manage/section/subscriptions, or through your Apple device settings by selecting your name, then “Subscriptions,” and then “Venice.ai.” Google Play subscriptions may be managed or canceled at https://play.google.com/store/account/subscriptions, or in the Google Play Store by selecting your profile icon, then “Payments & subscriptions,” then “Subscriptions,” and then “Venice.ai.” YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.
6.4 Delinquent Accounts. Venice.ai may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Venice.ai reserves the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you.
6.5 Venice Credits. Venice.ai offers a credit system (“Venice Credits”) for use with certain Service features, including video, image, and text generation, which may utilize third-party AI models (open-source and closed-source). You may use Venice Credits solely during the Term and solely as permitted by Venice.ai in connection with the Service; your right to use Venice Credits terminates immediately upon any violation of these Terms, suspension or termination of your account, or discontinuation of the Service. Venice Credits are consumed on a one-time use basis, and are non-transferable. Certain Venice Credits are subject to expiration. Venice Credits have no monetary value, cannot be redeemed for cash, do not constitute property or legal tender, do not have a fiat currency equivalent, and do not earn interest. Except as required by applicable law, all Venice Credits are non-refundable. Venice.ai does not recognize any purported transfers, gifts, sales, or other exchanges of Venice Credits. Any attempt to transfer or exchange Venice Credits is a material breach of these Terms. You will not receive refunds for partially used credits, unused credits upon account closure or termination, or credits remaining upon cancellation of a paid subscription. Venice Credits will remain in your account if you downgrade to a free-tier account. If a generation fails to produce content, your Venice Credits will be automatically refunded to your account. For other technical failures, we may, at our sole discretion, issue replacement Venice Credits on a case-by-case basis but are under no obligation to do so. If you believe your credit balance is incorrect or have any questions about your Venice Credits, contact us at [email protected]. Venice.ai reserves the right to modify, limit, or discontinue the Venice Credit system, pricing, or exchange rates at any time, with reasonable notice of material changes. Your continued use of Venice Credits after any such change constitutes your acceptance of the modified Terms.
7. Licenses
7.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Venice.ai grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; (b) generate API keys to access the permitted portions of the Service; and (c) access and use the Service as permitted by Venice.ai.
7.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; make modifications to the Service; or interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
7.3 Additional API Terms. If you use our API, you must comply with our published API documentation and any other information or policies we make available from time to time. In addition to any restrictions or limitations set forth in such documentation (and without limiting these Terms), you will not: (a) use the API in a manner that, in Venice.ai’s discretion, exceeds specified call/query volumes, constitutes abusive or excessive use, or otherwise fails to comply with or is inconsistent with these Terms; or (b) make any representations or warranties about the API to any third party. Furthermore, if you use our API to build or power any product or service made available to third parties (“End Users”), you must: (i) ensure that your End Users are bound by terms of service that are at least as protective of Venice.ai as these Terms, including with respect to prohibited conduct, disclaimers of warranties, and limitations of liability; (ii) remain primarily liable to Venice.ai for any act or omission of your End Users that would constitute a violation of these Terms if performed by you; and (iii) not make any representations or warranties to End Users regarding the API or Venice.ai’s obligations that are inconsistent with or exceed those set forth in these Terms. Without limiting any of Venice.ai’s remedies, Venice.ai reserves the right to revoke, suspend, or rotate any API keys issued to you at any time in its sole discretion, with or without notice, and without any liability to you.
7.4 Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide feedback and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Venice.ai an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
8. Ownership; Proprietary Rights
The Service is owned and operated by Venice.ai. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Venice.ai (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Venice.ai or its third-party licensors. Except as expressly authorized by Venice.ai, you may not make use of the Materials. There are no implied licenses in these Terms and Venice.ai reserves all rights to the Materials not granted expressly in these Terms.
9. Third-Party Terms
9.1 Third-Party Platforms and Service. You acknowledge and agree that the Service may operate on, with or using services controlled and operated by third parties (“Third-Party Services”) such as Third-Party LLM Providers (as defined below), including through integrations or connectors to such Third-Party Services that are provided by Venice.ai. Use of Third-Party Services may be subject to your agreement with the relevant provider and not these Terms. You authorize Venice.ai to access and exchange your Inputs with Third-Party Services on your behalf. Venice.ai does not control and has no liability for Third-Party Services, including their security, functionality, operation, availability, or interoperability with the Service or how the Third-Party Services or their providers use your User Content. Venice.ai is not responsible for the availability or operation of the Service to the extent such availability and operation is dependent upon Third-Party Services. Venice.ai does not make any representations or warranties with respect to Third-Party Services or any third-party providers.
9.2 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses. The Service may include third-party large language models that will process information in accordance with the large language models’ applicable terms.
9.3 Third-Party Model Provider Restrictions. Access to individual AI models available through the Service may be restricted independently of your overall access to the Service or your account status. Third-Party LLM Providers (as defined in Section 10.2) (including those listed in Section 10.4) may impose their own usage policies, terms of service, and restrictions on access to their models, and such restrictions may apply to you in addition to the terms set forth in these Terms. Please ensure you review all terms and policies made available by Third-Party LLM Providers that are relevant to your use of the Service, including without limitation all acceptable use policies. If a Third-Party LLM Provider requires Venice.ai to restrict or revoke your access to that Third-Party LLM Provider’s model(s), or if Venice.ai decides in its sole discretion to restrict or revoke your access to any Third-Party LLM Provider’s models(s) for any reason, including to protect its business, technology, users, and partners (for example, due to your violation of that Third-Party LLM Provider’s usage policies) Venice.ai may implement such restrictions without notice and without liability to you. Venice.ai shall have no liability to you in connection with any loss of access to any specific model(s). Venice.ai does not guarantee the continued availability of any specific model, and models may be added, removed, or restricted at any time.
10. User Content and AI Terms
10.1 User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Submit,” “Submitted,” “Submitting”) content to the Service, including messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works. Based upon your Input, the Service may return outputs to you (and together with the Input, “User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content, subject to the licenses granted in these Terms. You agree to pay all monies owing to any person or entity resulting from Submitting your Input and from Venice.ai’s exercise of the license set forth in this section.
10.2 Notwithstanding anything to the contrary, Venice.ai agrees that it shall not use, and shall require that third-party large language model providers (“Third-Party LLM Providers”) do not use, any User Content to train any machine learning, deep learning, or statistical learning algorithms, LLMs, neural networks, or models.
10.3 You agree to ensure that your use of the Service, including Inputs and implementation of Outputs, will not breach or violate any applicable Third-Party LLM Provider terms and policies, including without limitation the policies of the Third-Party LLM Providers listed at https://venice.ai/models (as updated from time to time).
10.4 You acknowledge and agree that Outputs may contain inaccurate or incomplete information and Venice.ai makes no representations or warranties and provides no indemnities with respect thereto; You (and your end users, if applicable) are responsible for all decisions made, advice given, actions taken, and failures to take action based on your use of the Service. You acknowledge and agree that Venice.ai is not providing legal, financial, tax, or any other advice, and that you are advised to consult with your own legal and financial advisors and tax experts.
10.5 You are responsible for ensuring that the Service, Output, and any other information or materials made available via the Service are suitable for your use. You understand and agree that Venice.ai is not a law firm or an attorney, may not perform services performed by an attorney, and is not a substitute for the advice or services of an attorney. Any Outputs or other information or materials generated by the Service are not legal advice and are not guaranteed to be correct, complete, or up to date. No attorney-client relationship or privilege is created with Venice.ai.
10.6 Limited License Grant to Venice.ai. By Submitting User Content to or via the Service, you grant Venice.ai a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Submitted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Submitting your User Content and from Venice.ai’s exercise of the license set forth in this Section.
10.7 Specific Rules for Photographs and Images. If you Submit a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Service, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.
10.8 Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and have granted non-exclusive rights to a Performing Rights Organization (“PRO”), then you must notify your PRO of the royalty-free license you grant through these Terms to Venice.ai. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher or a PRO, then you must obtain the consent of that music publisher or PRO to grant the royalty-free license(s) set forth in these Terms or have that music publisher or PRO enter into these Terms with Venice.ai. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant Venice.ai the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service is in compliance with any contractual obligations you have to your record label, including if you create any new recordings through the Service that may be claimed by your label. Finally, if you wish to perform a cover song and Submit it to the Service, you are responsible for securing all rights in and to the underlying musical work before Submitting your recording or performance of that musical work to the Service.
10.9 You Must Have Rights to the Content You Submit; User Content Representations and Warranties. You must not Submit User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content including all ambient music and underlying musical works embodied in any sound recording. Venice.ai disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Venice.ai and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Venice.ai, the Service, and these Terms;
b. your User Content, and the Submitting or other use of your User Content as contemplated by these Terms, does not and will not: infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or cause Venice.ai to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
c. a reasonable person could not deem your User Content to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
10.10 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Submit and will not be in any way responsible or liable for User Content. Venice.ai may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Venice.ai with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Venice.ai does not permit infringing activities on the Service.
10.11 Monitoring Content. Venice.ai does not control and does not have any obligation to monitor: User Content, including the Inputs and Outputs; any content made available by third parties; or the use of the Service by its users. You acknowledge and agree that Venice.ai reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Venice.ai chooses to monitor the content, then Venice.ai still assumes no responsibility or liability for any content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). Venice.ai may, but has no obligation to block, filter, mute, remove, or disable access to any User Content uploaded to or transmitted through the Service, without any liability to the user who Submitted such User Content to the Service or to any other users of the Service.
11. Communications
11.1 Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
12. Prohibited Conduct
BY USING THE SERVICE, YOU AGREE NOT TO:
a. use the Service for any illegal purpose or in violation of any applicable local, state, national, or international law;
b. abuse or exploit children, including by facilitating minor grooming, trafficking, sextortion, or abuse or distributing, promoting, or celebrating material that depicts child sexual abuse (including AI-generated material);
c. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right or by invading any third party’s privacy including by using in Input any third party’s name, voice, image, or likeness without their consent;
d. access, search, automate, or otherwise use any portion of the Service, including the web interface, through any engine, software, tool, agent, device, script, bot, crawler, scraper, data mining tool, or other automated, scripted, or programmatic mechanism, other than software or search agents provided by Venice.ai. The web interface is intended for individual, interactive use only, and scripted, looped, or automated requests through the web interface are prohibited and may result in suspension or termination of your account;
e. interfere with security-related features of the Service, including by disabling or circumventing features that prevent or limit use, printing, or copying of any content; or reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
f. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; making any unsolicited offer or advertisement to another user of the Service; collecting personal information about another user or third party without consent; or interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
g. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;
h. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 8 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials;
i. attempt to do any of the acts described in this Section 12 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 12 (Prohibited Conduct), or to glorify or celebrate any of the acts described in this Section 12 (Prohibited Conduct); or
j. use the API in connection with use case where the failure or inaccuracy of AI-generated outputs could reasonably be expected to result in death, serious bodily injury, or significant physical, financial, or safety harm to individuals.
13. Intellectual Property Rights Protection
13.1 Respect of Third-Party Rights. Venice.ai respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
13.2 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:
Venice.ai, Inc.
Attn: Legal Department (IP Notification)
1309 Coffeen Ave, Ste 14343, Sheridan, WY 82801
Email: [email protected]
13.3 Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyrighted work or other intellectual property right that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Service;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.
13.4 Your Notification of Claimed Infringement may be shared by Venice.ai with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Venice.ai making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
13.5 Repeat Infringers. Venice.ai’s policy is to: remove or disable access to material that Venice.ai believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Venice.ai will terminate the accounts of users that are determined by Venice.ai to be repeat infringers. Venice.ai reserves the right, however, to suspend or terminate accounts of users at our sole discretion.
13.6 Counter Notification. If you receive a notification from Venice.ai that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Venice.ai with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Venice.ai’s Designated Agent through one of the methods identified in Section 13.2 (DMCA Notification), and include substantially the following information:
a. your physical or electronic signature;
b. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
d. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Venice.ai may be found, and that you will accept service of process from the person who provided notification under Section 13.2 (DMCA Notification) above or an agent of that person.
13.7 A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid Counter Notification under the Copyright Act.
13.8 Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Venice.ai in response to a Notification of Claimed Infringement, then Venice.ai will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Venice.ai will replace the removed User Content or cease disabling access to it in 10 business days, and Venice.ai will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Venice.ai’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Venice.ai’s system or network.
13.9 False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Venice.ai relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Venice.ai reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
14. Modification of Terms
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section 14 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
15. Term, Termination, and Modification of the Service
15.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 15.2 (Termination).
15.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Venice.ai may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. For the avoidance of doubt, upon any termination or expiration of these Terms, your right to access and use any API keys issued to you immediately terminates, and you must immediately cease all use of any API keys. You may terminate your account and these Terms at any time by contacting customer service at [email protected] and including your name, our account ID, and a request to terminate these Terms.
15.3 Effect of Termination. Upon termination of these Terms: your license rights will terminate and you must immediately cease all use of the Service; you will no longer be authorized to access your account or the Service; you must pay Venice.ai any unpaid amount that was due prior to termination; and all payment obligations accrued prior to termination and Sections 7.4 (Feedback), 8 (Ownership; Proprietary Rights), 15.3 (Effect of Termination), 16 (Indemnity), 17 (Disclaimers; No Warranties by Venice.ai), 18 (Limitation of Liability), 19 (Dispute Resolution and Arbitration), and 20 (Miscellaneous) will survive. All API keys issued to you will be immediately revoked and deactivated. You are solely responsible for retaining copies of any User Content you Submit to the Service since upon termination of your account, you may lose access rights to any User Content you Submitted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address, or other forms of account verification.
15.4 Modification of the Service. Venice.ai reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Venice.ai will have no liability for any change to the Service, including any paid-for functionalities of the Service except to the extent required by applicable law, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Submit to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Submitted to the Service.
16. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Venice.ai, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Venice.ai Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (4) any dispute or issue between you and any third party; or (5) any acts or omissions of your End Users. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
17. Disclaimers; No Warranties by Venice.ai
17.1 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. VENICE.AI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. VENICE.AI DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND VENICE.AI DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
17.2 YOU EXPRESSLY AGREE AND ACCEPT THAT USE OF OUTPUTS FROM THE SERVICE IS AT YOUR SOLE RISK, AND YOU REPRESENT AND WARRANT THAT YOU WILL NOT RELY ON OUTPUTS AS A SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE IN ANY CONTEXT. VENICE.AI DOES NOT REPRESENT OR WARRANT THAT THE SERVICE (INCLUDING OUTPUTS) ARE ACCURATE OR RELIABLE FOR ANY PURPOSE. MACHINE LEARNING IS AN EVOLVING TECHNOLOGY; YOUR OUTPUT MAY BE SIMILAR OR IDENTICAL TO THE OUTPUT GENERATED BY ANOTHER USER.
17.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR VENICE.AI ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE VENICE.AI ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
17.4 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 17 (DISCLAIMERS; NO WARRANTIES BY VENICE.AI) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Venice.ai does not disclaim any warranty or other right that Venice.ai is prohibited from disclaiming under applicable law.
18. Limitation of Liability
18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE VENICE.AI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY VENICE.AI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
18.2 EXCEPT AS PROVIDED IN SECTIONS 19.5 (COMMENCING ARBITRATION) AND 19.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE VENICE.AI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: THE AMOUNT YOU HAVE PAID TO VENICE.AI FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND US$100.
18.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
19. Dispute Resolution and Arbitration
19.1 Generally. Except as described in Section 19.2 (Exceptions) and 19.3 (Opt-Out), you and Venice.ai agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND VENICE.AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
19.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: bring an individual action in small claims court; pursue an enforcement action through the applicable federal, state, or local agency if that action is available; seek injunctive relief in a court of law in aid of arbitration; or to file suit in a court of law to address an intellectual property infringement claim.
19.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 19 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Venice.ai, Inc., Attention: Legal Department – Arbitration Opt-Out, 1309 Coffeen Ave, Ste 14343, Sheridan, WY 82801 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Venice.ai receives your Opt-Out Notice, this Section 19 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 20.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
19.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Venice.ai.
19.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Venice.ai’s address for Notice is: Venice.ai, Inc., 1309 Coffeen Ave, Ste 14343, Sheridan, WY 82801. The Notice of Arbitration must: identify the name or account number of the party making the claim; describe the nature and basis of the claim or dispute; and set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Venice.ai may commence an arbitration proceeding. The payment of all fees will be governed by the AAA Rules.
19.6 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: solely on the basis of documents submitted to the arbitrator; through a telephonic or video hearing; or by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or Venice.ai must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
19.7 Arbitration Relief. Except as provided in Section 19.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Venice.ai before an arbitrator was selected, Venice.ai will pay to you the higher of: the amount awarded by the arbitrator and US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
19.8 No Class Actions. YOU AND VENICE.AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
19.9 Modifications to this Arbitration Provision. If Venice.ai makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Venice.ai’s address for Notice of Arbitration, in which case your account with Venice.ai will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
19.10 Enforceability. If Section 19.8 (No Class Actions) or the entirety of this Section 19 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Venice.ai receives an Opt-Out Notice from you, then the entirety of this Section 19 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 20.2 (Governing Law) will govern any action arising out of or related to these Terms.
20. Miscellaneous
20.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Venice.ai regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
20.2 Governing Law. These Terms are governed by the laws of the State of Wyoming without regard to conflict of law principles. You and Venice.ai submit to the personal and exclusive jurisdiction of the state courts in Sheridan County, Wyoming and federal courts located within Natrona County, Wyoming for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Wyoming, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
20.3 Privacy Policy. Please read the Venice.ai Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Venice.ai Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
20.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
20.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
20.6 Contact Information. The Service is offered by Venice.ai, Inc., located at 1309 Coffeen Ave, Ste 14343, Sheridan, WY 82801. You may contact us by sending correspondence to that address or by emailing us at [email protected].
20.7 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
20.8 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
20.9 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
21. Notice Regarding Apple
This Section 21 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Venice.ai only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property right(s). You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
