Terms of Use

Last updated: 21 October 2024

Thank you for using the Venice platform(“Platform”), a generative AI chat app powered by leading open-source AI models.

These Terms of Use (“Terms”) apply to your use of Venice.ai’s website, Platform, services and features, and all associated software applications (all together, “Services”). These Terms form an agreement between you and Venice.ai, and they include important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms.

Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.

Who we are

The Platform is a generative AI chat interface, which enables anyone, anywhere, access to open-source AI models. For more information about the Platform, please visit https://venice.ai/.

Our Services are provided to you by:

Venice.ai, a Wyoming company with its registered office at 1309 Coffeen Avenue, Suite 14343,

Sheridan Wyoming 82801, United States(“Venice.ai”).

Additional Service-Specific Terms

Depending on the specific Service or features you use, additional Service-specific terms and policies may apply to your use of our Services, and which form part of these Terms:

Content Policy: these policies explain how you may use our Services and Content.
Brand Guidelines: these guidelines explain how you may use our name and logo.

Registration and Access

Minimum Age

If you are under 18 you must have your parent or legal guardian’s permission to use the Services.

Registration

You must provide an email address to register for an account (either Free or Pro, as further described below) to use our Services. You may not share your account credentials and you are responsible for all activities that occur through the usage of your account.

Using Our Services

Our Software

Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licenses that we’ve made available to you.

Third Party Services

Our Services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services may include Output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.

Content Policy

We believe you should have the flexibility to use our Services as you see fit, so long as your use does not harm yourself or others. We have established usage terms applicable to our Services to support their responsible use without stifling your control over how you use them. Subject to your compliance with these Terms, you may access and use our Services.

When using any Service, the following rules apply:

You may not use the platform to create content depicting or intended to depict minors (under 18) in a mature or sexualized context.
You may not repurpose or distribute Output from our services to harm others, including but not limited to sharing Output from our services to defraud, scam, bully, harass, defame, or promote violence or sexual crimes against anyone.
You may not use our service to harm yourself or others, including by not limited to promoting suicide or self-harm, developing or using weapons, injuring others or destroying property, or engage in unauthorized activities that violate the security of any service or system.
You may not use our Services to compromise the privacy of others, or for any harmful, or abusive activity or in a way that violates anyone’s natural rights.
You may not interfere with or disrupt our Services, including circumventing Usage Limits.

Violating these rules could result in suspension or termination of your account. We cannot foresee all abusive uses of our Services, and our policies will evolve based on identification of new abuse trends.

Usage Limits and Types of Platform Accounts

Website Demonstration Feature (no account)

The Venice.ai website features a chat demonstration interface which is accessible to anyone without an account. A maximum of fifteen (15) text prompts per day and a maximum of five (5) image prompts per day per day are allowed using this feature. These limits are subject to change without notice.

Free Account

The Venice Platform offers limited services free of charge to registered users with a Free Account. Users are limited to one (1) free account per person. We reserve the right to remove users in breach of this condition and terminate all of their associated accounts without notice.

Free Accounts are limited to a maximum of twenty five (25) text prompts per day and fifteen (15) image prompts per day. These limits are subject to change without notice.

Pro Account

The Venice Platform allows users to purchase paid subscriptions to access enhanced features and functionalities (the “Enhancements”). Usage limits will depend on the specific Enhancements included within a subscription, which will be made clear to you before purchase, and will become part of these Terms.

Content

Your Content

A user may provide input to the Services(“Input”), and receive output from the Services based on the Input provided(“Output”). Input and Output are collectively known as “Content.” You are responsible for your Input, including ensuring that it does not violate any applicable law or these Terms such as a request for the Platform to generate Output that is contrary to any of our Usage Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.

The Output from the Platform is generated using Open-source Large Language Models, which may have been developed and published by an individual company or community of developers and researchers, who contribute to the model's development and improvement. The Platform does not control, direct, or endorse the content generated by these models, and is not responsible for their accuracy, completeness, or suitability for any purpose. The Platform is merely a conduit for access to these models, and the content generated by them is the sole responsibility of the model developer sand the users who interact with them. By using the Platform, you acknowledge that the Platform is not responsible for the content generated by the Open-source Large Language Models, and that you use such content at your own risk.

Ownership of Content

As between you and Venice.ai, and to the extent permitted by applicable law, you (a) retain your ownership rights in your Input and (b) own your Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.

Similarity of Content

Due to the nature of our Services and artificial intelligence generally, Output may not be unique and other users may receive similar Output from our Services. Our assignment above does not extend to other users’ Output or any Third Party Output.

Accuracy

Open-source Large Language Models and Generative Artificial intelligence generally are rapidly evolving, and Large Language Models are not truth machines. Given the probabilistic nature of machine learning, and use of open-sourced Large Language Models to fulfill Output requests, use of our Services may result in Output that does not accurately reflect real people, places, or facts. You should not rely on the Output as a sole source of truth or factual information.

When you use our Services you understand and agree that the Output may not always be accurate. You should always evaluate Output for accuracy and appropriateness for your use case, including using human review, before using or sharing Output from the Services.

You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.

Our Services may provide incomplete, incorrect, or offensive Output that does not represent Venice.ai’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Venice.ai.

Points

Users with Platform accounts are eligible to earn points for certain activities conducted on the Platform (“Points”). No promises or guarantees are made about these Points whatsoever, and they do not have monetary value. They may never be convertible into anything or useful for anything. Points may not be exchanged or traded between users (within the Platform or through third-parties), or combined with or transferred to anotherVenice.ai account.

Free Accounts

Venice.ai offers limited Platform services free of charge to registered users with a free account. Users are required to provide Venice.ai with their email to undertake this service. Services are subject to the Venice Usage Limits for Free Accounts.

Pro Accounts

Some of our Services allow you to purchase paid subscriptions to be able to access enhanced features and functionalities (the “Enhancements”). The exact nature of the Enhancements differs between Services, will be made clear to you before purchase, and will become part of these Terms. You can manage your paid subscription from your account settings.

Fees

All charges, including subscription fees, will be made clear to you before purchase. You may be required to agree to separate terms and policies from a third-party payments processor in order to complete any purchases with Venice.ai.

Billing

If you purchase Services from Venice.ai, you will provide complete and accurate billing information, including a valid payment method. Our payment services provider will automatically charge your payment method on each agreed-upon periodic renewal until you cancel for paid subscriptions. Applicable taxes may apply, and if so, we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.

Cancellation

You may cancel your paid subscription at any time.

You will not be charged after you cancel your paid subscription. Payments are non-refundable, except where required bylaw. You will not receive a refund or service credit for any days between the day you cancel and the last day of the subscription period you have paid for. You will continue to have access to the Enhancements until the end of the subscription period you have paid for, after which, your cancellation will become effective. To cancel your subscription, please contact our Support team via email.

Price Changes

We may change our prices from time to time. If we increase our subscription prices, we will give you at least thirty (30)days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase. To cancel your subscription, please contact our Support team via email.

Termination and Suspension

Termination

You may cease using our Services and end your relationship with Venice.ai at any time by closing your account and stopping your use of the Services. To close your account, please contact our Support team via email.

We reserve the right to suspend or terminate your access to our Services or delete your account if we determine that you breached these Terms, we have determined that your use of our Services could cause risk or harm to Venice.ai, our users, or anyone else, or we are compelled to comply with the law.

If you do not have a paid account, we may cancel your account if it has been inactive for over one (1) year. If we do, we will provide you with at least thirty (30) days advance notice.

Disclaimer of Warranties

Our services are provided “as is”. Except to the extent prohibited by law, we make no warranties (express, implied, statutory or other wise) with respect to the services, and disclaim all warranties including, but not limited to, warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing or trading usage. We do not warrant that the services will be uninterrupted, accurate or error free, or that any content will be secure or not lost or altered.

You accept and agree that any use of the outputs from our service is at your own sole risk and you will not rely on output as a sole source of truth or factual information, or as a substitute for professional advice.

Limitation of Liability

Provided that we have acted with professional diligence, we do not take responsibility for loss or damage caused by us, unless it is caused by our breach of these Terms or reasonably foreseeable at the time of entering into these Terms.

Venice.ai will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages. Our aggregate liability under these terms will not exceed the greater of the amount you paid for the service that gave rise to the claim during the twelve (12) months before the liability arose or one hundred dollars ($100). The limitations in the section apply only to the maximum extent permitted by applicable law.

Venice.ai’ s affiliates, suppliers, licensors, and distributors are intended third party beneficiaries of this section.

Indemnity

If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless Venice.ai, our affiliates, suppliers, licensors, distributors and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content, or any violation of these Terms.

Our IP Rights

We own all rights, title, and interest in and to the Services. You may only use our name and logo in accordance with our Brand Guidelines.

Brand Guidelines

The Platform and Venice.ai logos, word marks and sub brands are the sole and exclusive property of Venice.ai. Your use of any logo and/or wordmark implies acceptance of, and agreement with, the terms of these Brand Guidelines. Any use of the Platform and Venice.ai logos and/or word marks not in compliance with these Brand Guidelines is not authorized.Venice.ai reserves the right to revoke its approval of your use of the logos and/or wordmarks at any time.

Permission is granted to you to use the Platform and Venice.ai logos and wordmarks only under the following terms and conditions:

The Platform’s and Venice.ai’ s logos and wordmarks are for non commercial use only. Usage of the Platform’s or Venice.ai’ s logos and wordmarks for commercial sales, individual fundraising or organizational fundraising is strictly prohibited unless otherwise expressed inwriting by an authorized agent of Venice.ai.

Wordmarks and logos may not be used in an ambiguous way as described herein:

No logo and/or wordmark may be used in any way that suggests that Venice.ai is affiliated with, sponsors, approves or endorses you, your organization, your websites, your products or your services.
No logo and/or wordmark may be used in any way that mischaracterizes any relationship between you andVenice.ai.
Vendors may not use any wordmark sand/or logos to advertise the Platform without Venice.ai’ s written permission, and which must be requested in writing via email.

All Platform’s and Venice.ai’ s logos are distinctive, designed pieces of graphic artwork, owned by Venice.ai. The following usage guidelines must be followed:

Do not modify or alter the logos
Do not change scale, skew or rotate any logo
Do not change the design of any logo
Do not change or vary the colors of any logo
Avoid screening logos
Do not shrink any physical logo to less than 1 inch in width or height
Do not combine a logo with any other design, trademark, graphic, text or other element, including your name, any trademarks or any generic terms
Logos may only be placed on solid backgrounds unless approved by Venice.ai, and not over an image or pattern(unless approved Venice.ai)
No artistic effects (such as drop-shadows, gradients or embossing) may be applied

The Platform’s logo may not be used or displayed in any of the following ways:

In any manner that, in the sole discretion of Venice.ai, discredits the Platform or Venice.ai, or tarnishes its reputation and goodwill
In any manner that infringes, dilutes, depreciates the value, or impairs the rights of the Platform orVenice.ai in the word marks and/or logos

Your download and use of the logos is subject to these Brand Guidelines. Partners who have agreements with Venice.ai must comply with the terms of their agreement in addition to these Brand Guidelines.

Dispute Resolution

Informal Dispute Resolution

If either of us has any claim arising out of or relating to these Terms or our Services(“Dispute), we would first like to understand and try to address your concerns before any formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice in writing via email. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within sixty (60)days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this in formal resolution process.

Mandatory Arbitration

You and Venice.ai agree to resolve any claims arising out of or relating to these Terms or our Services (a “Dispute”)through final and binding arbitration with National Arbitration and Mediation(“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supple mental Rules for Mass Arbitration Filings, as applicable (available here). You may opt out of arbitration within thirty (30) days of account creation or of any updates to these arbitration terms within thirty (30) days after the update has taken effect by filling notifying us in writing via email. If you opt out of an update, the last set of agreed upon arbitration terms will apply. Venice.ai will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.

Arbitration Procedures

The arbitration will be conducted by video conference if possible (including for Batch proceedings, as specified below), but if the arbitrator determines a hearing should be conducted in person, it will be held in Cheyenne, Wyoming. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or anattorney licensed to practice law in the state of Wyoming. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of Wyoming have the authority to determine any Dispute about enforce ability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not bed is closed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

Exceptions

This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.

Class and Jury Trial Waivers

You and Venice.ai agree that Disputes must be brought on an individual basis only, and may not be brought as a plain tiffor class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. You and Venice.ai knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

Batch Arbitration

If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within ninety (90) days of each other, then you and Venice.ai agree that NAM will administer them in batches of up to fifty (50) claimant search (“Batch”), unless there are less than fifty (50) claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Severability

If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

Copyright Complaints

If you believe that your intellectual property rights have been infringed, please send notice to us via email at [email protected].

Claims regarding copyright infringement must include the following information:

A statement by you that you are the copyright owner or authorized to act on the copyright owner’s behalf.
A description of the copyrighted work that you claim has been infringed upon;
A description of where the allegedly infringing material is located on our website;
Your address, telephone number, and e-mail address.

General Terms

Assignment

You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

Changes to These Terms or Our Services

We may update these Terms or our Services from time to time. All changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.

Delay in Enforcing These Terms

Our failure to enforce a provision is not a waiver of our right to do so later.

Entire Agreement

These Terms contain the entire agreement between you and Venice.ai regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and Venice.ai.

Governing Law

Wyoming law governs these Terms. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Wyoming.

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