Last Updated Date: August 07, 2024
Welcome and thank you for your interest in Beyond Presence Inc. ("Beyond Presence", "we", "us" or "our"). This Terms of Use Agreement ("Terms of Use", and together with any applicable Supplemental Terms defined in Section 1.3, the "Agreement") describes the terms and conditions that apply to your use of (i) the website located at https://www.beyondpresence.ai/ and its subdomains and any of Beyond Presence's other websites on which a link to these Terms of Use appears (collectively, the "Website"), (ii) any mobile application(s) that we offer subject to these Terms of Use (each, an "Application"), and (iii) the products, services, content, and other resources available on or enabled via our Website or any Application (collectively, with our Applications and Website, the "Service").
Please read this Agreement carefully. This Agreement governs the use of the Service and applies to all users visiting or accessing the Service. By accessing or using the Service in any way, accepting this Agreement by clicking on the "I consent" button, completing the account registration process, browsing the Website or downloading the Application, you represent that: (1) you have read, understand, and agree to be bound by this Agreement, (2) you are at least eighteen (18) years of age, (3) you are not a resident of any of the following states: Illinois, Texas or Washington, (4) you are not barred from using the Service under the laws of the United States, your place of residence of any other applicable jurisdiction, and (5) you have the authority to enter into this Agreement personally, or if you are accessing or using the Service on behalf of an entity, on behalf of the entity identified in the account registration process. If the individual entering into this Agreement is doing so on behalf of an entity, all references to "you" or "your" in this Agreement will also be deemed to refer to such entity. If you do not agree to be bound by the Terms of Use, you may not access or use the Service. The Agreement is subject to change by Beyond Presence in its sole discretion at any time as set forth in Section 15.5 (Agreement Updates).
If you subscribe to any feature or functionality of the Service for a term (the "Initial Term"), then your subscription will be automatically renewed for additional periods of the same duration as the Initial Term at Beyond Presence's then-current fee for such features and functionality unless you opt out of the automatic renewal of the Service in accordance with Section 7.3(a) (Automatic Renewal) below.
Section 14 (Arbitration Agreement) contains provisions that govern how to resolve disputes between you and Beyond Presence. Among other things, Section 14 (Arbitration Agreement) includes an agreement to arbitrate which requires, with limited exceptions, that all disputes between you and us shall be resolved by binding and final arbitration. Section 14 also contains a class action and jury trial waiver. Please read Section 14 (Arbitration Agreement) carefully.
Unless you opt out of the Arbitration Agreement (as defined in Section 14) within thirty (30) days in accordance with Section 14.10 (30-Day Right to Opt Out): (1) you will only be permitted to pursue disputes or claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you waive your right to participate in a class action lawsuit or class-wide arbitration; and (2) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.
1.1 Our Service. Beyond Presence is a video content generation platform and social media platform that allows individuals to edit, export and share AI-generated videos and video components. The Service and the information and content available on the Service are protected by applicable intellectual property (including copyright) laws. Unless subject to a separate license agreement between you and Beyond Presence, your right to access and use the Service, in whole or in part, is subject to this Agreement.
1.2 Application License. Subject to your compliance with this Agreement, Beyond Presence grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single Device (as defined below) that you own or control and to run such copy of the Application solely for your own personal or internal business purposes.
1.3 Supplemental Terms and Updates. Your use of, and participation in, certain features and functionality of the Service may be subject to additional terms ("Supplemental Terms"). Such Supplemental Terms will either be set forth in the applicable supplemental Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Use are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Service. You understand that the Service is evolving. As a result, Beyond Presence may require you to install updates to the Applications that you have installed on the devices through which you access or use the Service ("Device"). You acknowledge and agree that Beyond Presence may update the Service with or without notifying you. You may need to update third-party software from time to time in order to continue to use the Service. Any future release, update or other addition to the Service shall be subject to this Agreement.
1.4 Text Message Services. Beyond Presence may offer one or more mobile message programs (collectively, the "Message Service") that allows users to receive SMS/MMS mobile messages by opting-in such as through online or application-based enrollment forms. Regardless of the opt-in method you use to enroll, you agree that your use of the Message Service is governed by this Agreement. We do not charge for the Message Service, but you are responsible for all charges and fees associated with mobile messaging imposed by your wireless carrier and you acknowledge that your carrier may charge you or deduct usage credit from your account when you text us or we send messages to you. Message and data rates may apply. By enrolling a telephone number in the Message Service, you authorize us to send recurring SMS and MMS mobile messages to the number you specify, and you represent that you are authorized to receive mobile messages at such number. You agree that these messages may be transmitted using an automatic telephone dialing system ("ATDS"), other automated systems for the selection or dialing of telephone numbers, or different technology. Your consent to receive mobile messages via an ATDS or other automated system for the selection or dialing of numbers is not required (directly or indirectly) as a condition of purchasing any property, goods or services. While you consent to receive messages sent using an ATDS, the foregoing shall not be interpreted to suggest or imply that any or all of our messages are sent using such a system. Message frequency varies. If you do not wish to continue participating in a Message Service program we offer, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message you receive from that program to opt out. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that that we and our service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those keyword commands set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. To the extent you subscribe to more than one Message Service program that we operate, you must unsubscribe from each program separately. For Message Service support or assistance, text the HELP keyword in response to any message you receive through the Message Service or email us at [email protected]. Please note that the use of this email address is not an acceptable method of opting out of Message Service. Opt outs must be submitted in accordance with the procedures set forth above. We may change any short code or telephone number we use to operate the Message Service at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we are not responsible for honoring requests made in such messages. The Message Service may not be available in all areas or supported by all carriers or all devices. Check with your carrier for details. Delivery of mobile messages is subject to effective transmission from your wireless carrier/network operator and is outside of our control. We and the wireless carriers supported by the Message Service are not liable for any failed, delayed or undelivered messages. If you decide to change your mobile phone number, you agree to first opt out of each Message Service program in which your number is enrolled. For clarity, you acknowledge and agree that any disputes between you and us related to the Message Service will be governed by Section 14 (Arbitration Agreement).
2.1 Account. In order to access certain features of the Service, you may be required to register an account on the Service ("Account"), have a valid account on a social networking service ("SNS") through which you can connect to the Service, as permitted by the Service (each such account, a "Third-Party Account"), or have an account with the app store from which you downloaded the Application. The Service may allow you to link your Account with a Third-Party Account by allowing Beyond Presence to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Beyond Presence and/or grant Beyond Presence access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Beyond Presence to pay any fees or making Beyond Presence subject to any usage limitations imposed by such third-party service providers. By granting Beyond Presence access to any Third-Party Account, you understand that Beyond Presence may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Service via your Account. Unless otherwise specified in this Agreement, all SNS Content is considered to be Your Content (as defined in Section 3.1 (Types of Content)) for all purposes of this Agreement. Depending on the Third-Party Accounts you choose and subject to any privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Service. If a Third-Party Account or associated service becomes unavailable, or Beyond Presence’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Service. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" section of the Service. YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND BEYOND PRESENCE DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Beyond Presence makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Beyond Presence is not responsible for any SNS Content.
2.2 Account Use. When registering an account on the Service, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the "Registration Data"), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Beyond Presence. Furthermore, you are responsible for all activities that occur under your Account. You shall monitor your Account to restrict use by anyone else (including by minors), and you will accept full responsibility for any unauthorized use of the Service by anyone else (including by minors). You may not share your Account or password with anyone, and you agree to notify Beyond Presence immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, incomplete or not current, or Beyond Presence has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete or not current, Beyond Presence has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not have more than one Account at any given time. Beyond Presence reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights. You agree not to create an Account or use the Service if you have been previously removed by Beyond Presence, or if you have been previously banned from any of the Service.
3.1 Types of Content. Subject to your compliance with this Agreement, you may share or upload any information, data, text, graphics, audio, video and/or other materials ("Content") through the Service, including by way of your prompts, comments, questions, and other input to the Service (collectively, "Input"). You, and not Beyond Presence, are entirely responsible for all Input that you upload, share, post, email, transmit, query or otherwise make available through or to the Service, including the SNS Content. When you make available any Input on or to the Service, you represent that you own and/or have sufficient rights to provide and to use such Input in connection with the Service, including to grant the license set forth in Section 3.3 (License to Your Content), and including that you have obtained all necessary licenses and permissions. In response to any prompts, comments, questions, and other Input that you provide to the Service, the Service, together with any AI Services (as defined below), may generate new videos, audio and related components ("Output"). You acknowledge that the Outputs are based on your Inputs, and that Beyond Presence has no control over any such Inputs. Accordingly, all Outputs are provided "as is" and with "all faults", and Beyond Presence makes no representations or warranties of any kind or nature with respect to any Inputs or Outputs, including any warranties of non-infringement, accuracy, completeness, truthfulness, timeliness or suitability. You are solely responsible for your use of your Outputs created through the Service, and for determining whether the Output is appropriate for your intended use, and you assume all risks associated with your use of any Outputs, including any potential copyright infringement claims from third parties or any disclosure of your Outputs that personally identifies you or any third party.
3.2 Ownership of Content. Beyond Presence does not claim ownership of any Inputs or Outputs (collectively, "Your Content"). Subject to Section 3.3 (License to Your Content), as between the Beyond Presence and you, you are the owner of all right, title and interest in Your Content. Notwithstanding the foregoing, given the nature of the Service, you acknowledge that: (a) Output may not be unique across users and the Service may generate the same or similar output for another user under similar terms; and (b) the Beyond Presence does not represent or warrant that the Outputs are protectible by any intellectual property rights under applicable law.
3.3 License to Your Content. Subject to any applicable Account settings that may be made available to you, you grant Beyond Presence a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable (through multiple tiers of sublicensees) right (including any moral rights) and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from Your Content (in whole or in part) for the purposes of operating and providing the Service to you and to our other users. Without limiting the foregoing, you acknowledge that Your Content may be used by Beyond Presence, or third-party providers of the AI Services, to train, develop, enhance, evolve and improve the Service and the underlying artificial intelligence models, algorithms and related technology, products and services (including for labeling, classification, content moderation and model training purposes), as well as for marketing and promotional purposes. If you elect to share your Output with other users of the Service, you also license such third party users a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable (through multiple tiers of sublicensees) right (including any moral rights) and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, publicly display and derive revenue or other remuneration from your Output.
3.4 Content Provided by Other Users. The Service may contain User Content provided by other users ("User Content"). Beyond Presence is not responsible for and does not control User Content. Beyond Presence does not approve or endorse, or make any representations or warranties with respect to, User Content. You use all User Content and interact with other users at your own risk. If you elect to share Your Content to any area of the Service that is accessible by other users, other users may be able to search for, see, use, modify and/or reproduce any of Your Content on or off the Service in accordance with Section 3.3 (License to Your Content). You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service; provided, however, that Beyond Presence reserves the right, but has no obligation, to intercede in any disputes between you and any other users. You agree that Beyond Presence will not be responsible for any liability incurred as the result of your interactions with other users.
3.5 AI Services. Our Service may utilize certain artificial intelligence and deep learning platforms, algorithms, tools and models, including those provided by third parties, ("AI Services") to generate Output. You acknowledge and agree that Beyond Presence may share your Inputs with the AI Services for this purpose and such AI Services may not be required to maintain the confidentiality of any of Your Content. Further, you understand that additional license requirements may apply to certain AI Services, including that such AI Services may retain certain rights to use or disclose Your Content, including to further train their algorithmic models. You must review and comply with such requirements for the AI Services used. You assume all risks associated with your use of such AI Services. Beyond Presence will have no liability for the unavailability of any AI Services, or any third party's decision to discontinue, suspend or terminate any AI Services.