1. Definitions

 

1.1 Vity Service:

Refers to the Vity mobile application ("Vity," the "app," or the "application"), provided on behalf of GenAI Apps LLC ("Vity", "we," "us," and "our"), and includes all features, functionalities, and content offered through the application.

 

1.2 User, You, Your:

Refers to individuals who download, install, register with, access, or otherwise use the Vity Service.

 

1.3 Personal Data:

Includes information associated with an identified or identifiable natural person, as defined and protected under applicable data protection laws.

 

1.4 Terms of Use:

Refers to this document, outlining the terms and conditions governing the use of the Vity Service.

 

1.5 Affiliates:

Businesses that are legally part of the same group of companies as Vity, including subsidiaries, acting as data processors, and engaged in various activities related to the Vity Service.

 

1.6 Service Providers:

Third-party organizations, contractors, business partners, and vendors engaged by Vity to support and enhance the Vity Service, including but not limited to cloud provider Amazon Web Services (USA) and email delivery providers.

 

1.7 Device:

Refers to the mobile device used by the User to access and utilize the Vity Service.

 

1.8 Image Data:

Generated data resulting from the application of technology to photos and videos uploaded to Vity for editing, excluding data stored on our servers.

 

1.9 Cookies and Tracking Technologies:

Includes cookies, Software Development Kits (SDKs), and other tracking technologies used to collect and receive information about Users' interactions with the Vity Service.

 

1.10 EEA and UK:

Refers to the European Economic Area and the United Kingdom.

 

1.11 Minor:

An individual under the age of 18, not permitted to use Vity as outlined in the Children section.

 

1.12 Terms Update Date:

The date on which the Terms of Use were last revised, indicated at the top of the document.

 

2. Account Creation

 

2.1 Account Registration:

To access certain features of the Vity Service, Users may be required to create an account. During registration, Users must provide accurate, current, and complete information, and promptly update such information to ensure its accuracy. Vity reserves the right to suspend or terminate accounts with inaccurate or incomplete information.

 

2.2 Account Credentials:

Users are responsible for maintaining the confidentiality of their account credentials, including username and password. They are also responsible for all activities that occur under their account. If Users suspect unauthorized access, they must notify Vity immediately.

 

2.3 Age Verification:

Users must confirm that they are at least 18 years old to create a Vity account. For Users in the EEA and UK, compliance with legal requirements mandates a minimum age of 18 to use the service.

 

2.4 Third-Party Logins:

Users may have the option to log in using third-party authentication services, such as Apple ID. By choosing this option, Users grant permission for Vity to access relevant information associated with their third-party accounts.

 

2.5 Account Deletion:

Users can request the deletion of their Vity account by contacting contact@genai-apps.com. Deleting the account will result in the removal of personal data associated with the account, subject to the data retention policy outlined in the Privacy Policy.

 

2.6 Termination by Vity:

Vity reserves the right to suspend or terminate User accounts at its sole discretion, without notice, for any reason, including but not limited to violations of the Terms of Use or Privacy Policy.

 

2.7 Minors' Account:

Vity is designed for use by individuals aged 18 and older. Vity does not permit individuals under 18 to create accounts. Parents or guardians suspecting a minor's account creation should contact contact@genai-apps.com.

 

2.8 Account Inactivity:

Vity may suspend or terminate accounts due to prolonged inactivity. Users will be notified before such action is taken.

 

2.9 Account Responsibility:

Users acknowledge that they are solely responsible for all activities conducted through their account and agree not to share account credentials or permit others to access their account.

 

3. App Services

 

3.1 Description of Services:

Vity provides Users with a platform for creating and customizing digital stickers based on uploaded photos. The services include, but are not limited to, photo editing, sticker generation, and customization features.

 

3.2 Usage Guidelines:

Users agree to use the Vity services in compliance with applicable laws and regulations. Content generated through the app, including stickers, must not violate the rights of others, contain offensive material, or infringe on intellectual property rights.

 

3.3 Sticker Generation:

To use the Sticker Generation feature, Users must upload a minimum of 5 photos to the Vity platform. The generated stickers will be associated with the gender selected by the User, impacting the nature of the stickers. Stickers will be stored on Vity's servers until deleted by the User.

 

3.4 Temporary Storage:

Image Data generated during photo editing is temporarily stored on Vity's servers, hosted by Amazon Web Services (USA). This data is not permanently stored unless Users choose to apply Sticker Generation, in which case the original photo and generated Image Data are temporarily stored.

 

3.5 Accessibility:

Stickers generated through the Vity app are accessible to Users on any device upon logging into their Vity account. The accessibility continues until the User decides to delete the stickers or their Vity account.

 

3.6 Account Deletion Impact:

Deleting the Vity application from a device does not result in the deletion of the associated Vity account. Users must follow the account deletion process outlined in Section 2.5 of the Terms of Use.

 

3.7 Service Modification:

Vity reserves the right to modify or discontinue any aspect of the Vity services at its sole discretion. Notice of substantial modifications will be communicated to Users through the app or other appropriate means.

 

3.8 Feature Changes:

New features or enhancements may be added to the Vity services, and existing features may be modified or removed. Users acknowledge that the availability of features may change over time.

 

3.9 Compliance with Privacy Policy:

The use of Vity services is subject to the terms outlined in the Privacy Policy. Users are encouraged to review the Privacy Policy to understand how personal data is collected, processed, and stored.

 

4. Subscriptions and Payment Terms

4.1 Subscription Plans: 

Vity offers subscription plans, providing Users with access to premium features and enhanced functionality. Specifics of available subscription plans, including duration, pricing, and features, are detailed in the app's subscription section.

4.2 Billing Cycle:

Subscriptions are billed on a recurring basis, following the selected plan—monthly, annually, or as otherwise specified. The billing cycle initiates on the date of subscription activation and persists until the User cancels the subscription.

4.3 Payment Authorization: 

Upon subscribing to Vity, Users grant authorization for Vity to charge applicable subscription fees to the chosen payment method. Users undertake to maintain accurate and updated payment information to prevent service interruptions.

4.4 Automatic Renewal: 

Subscriptions automatically renew at the conclusion of each billing cycle unless the User cancels. Users can manage subscription settings, including cancellation, via the app or by contacting customer support.

4.5 Fee Adjustments:

Vity retains the right to modify subscription fees, introduce new plans, or adjust existing ones. Users will receive advance notice of any fee changes, and such alterations will only apply to subsequent billing cycles.

4.6 One-Time Purchases: 

In addition to subscriptions, Vity may offer one-time purchases for specific features or content. Details of available one-time purchases, including pricing and features, can be found within the app.

4.7 Refund Policy: 

Users subscribing through Apple may seek refunds via Apple's App Store refund process. Vity will not issue refunds for subscriptions or one-time purchases processed through Apple. Users are encouraged to refer to Apple's refund policies for more details.

4.8 Promotions and Discounts: 

Promotional offers and discounts, at Vity's discretion, are subject to specific terms and conditions. Vity reserves the right to modify or terminate promotions.

4.9 Termination of Services: 

Vity holds the authority to terminate or suspend a User's subscription for violations of the Terms of Use or other necessary reasons. Termination does not entitle the User to a refund of subscription fees.

4.10 Payment Processors: 

Third-party payment processors handle payment transactions. Users agree to adhere to the terms and conditions of these processors, acknowledging that Vity is not liable for issues arising from payment processing.

4.11 Currency and Taxes: 

Subscription fees and one-time purchase prices are stated in the applicable currency. Users are accountable for any taxes or fees imposed by taxing authorities in their jurisdiction related to subscription payments or one-time purchases.

4.12 Account Deletion and Subscription Cancellation: 

a. Deleting the Vity account does not automatically cancel a subscription. Users must follow the cancellation process outlined in the app or contact customer support for assistance. 

b. Users may cancel their subscription at any time, with cancellation taking effect at the end of the current billing period. Users are responsible for managing subscriptions through their Apple Account settings. 

c. Vity reserves the right to suspend or terminate a User's account and access to the App for violations of these Terms. Termination is at the sole discretion of Vity, and Users will not be refunded for any remaining subscription period.

 

 

5. Support

 

5.1 Customer Support:

Vity provides customer support to assist Users with inquiries, technical issues, and other concerns. Users can access support through the app's designated support channels, including in-app help features or by contacting Vity's customer support team.

 

5.2 Response Time:

Vity strives to respond to support inquiries promptly. Response times may vary based on the volume and complexity of inquiries. Urgent issues are given priority, but no specific timeframe is guaranteed.

 

5.3 Support Eligibility:

Customer support is available to Users with active and valid subscriptions. Free users may have limited access to support, and Vity reserves the right to prioritize support for subscribed Users.

 

5.4 Information for Support:

To facilitate effective support, Users may be required to provide relevant information, such as account details, device information, and a description of the issue. Users agree to provide accurate and complete information to aid in issue resolution.

 

5.5 Technical Limitations:

While Vity endeavors to provide comprehensive support, Users acknowledge that certain technical issues may be beyond the control of Vity. In such cases, Vity will make reasonable efforts to guide Users toward potential solutions.

 

5.6 Feature Requests:

Users are welcome to submit feature requests or suggestions for improvements to Vity. Vity may consider and implement such requests at its discretion but is not obligated to do so.

 

5.7 User Responsibilities:

Users are responsible for maintaining an internet connection, compatible devices, and the latest version of the Vity app for optimal support. Vity is not responsible for issues arising from outdated software or incompatible devices.

 

5.8 Modification of Support:

Vity reserves the right to modify the scope, availability, or features of customer support at any time. Users will be notified of significant changes that may impact their support experience.

 

5.9 Feedback and Complaints:

Users are encouraged to provide feedback on their support experience. Any complaints or concerns should be communicated to Vity through the designated support channels.

 

5.10 Language of Support:

Customer support is primarily offered in the language(s) supported by Vity. Vity may, at its discretion, provide support in additional languages but is not obligated to do so.

 

6. Intellectual Property Rights

 

6.1 Ownership:

All intellectual property rights related to Vity, including but not limited to trademarks, logos, service marks, copyrights, and proprietary algorithms, are the exclusive property of Vity. Users acknowledge that no rights or licenses, express or implied, are granted to them except as expressly stated in these Terms of Use.

 

6.2 User Content:

By using Vity, Users may create and upload content, including photos, videos, and generated stickers ("User Content"). Users retain ownership of their User Content. However, by uploading User Content, Users grant Vity a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and display the User Content for the purpose of providing and improving Vity.

 

6.3 Restrictions:

Users agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on Vity, except as expressly permitted by Vity. Unauthorized use of any content may violate copyright, trademark, and other intellectual property laws.

 

6.4 Vity Features:

The features, design, and functionalities of Vity, including but not limited to Sticker Generation, Magic Avatars, and editing tools, are proprietary to Vity. Users agree not to reverse engineer, decompile, or disassemble any part of Vity or attempt to extract its source code.

 

6.5 Feedback and Suggestions:

Users may provide feedback, suggestions, or ideas about Vity ("Feedback"). Users acknowledge that Vity may use, implement, or modify the Feedback without any obligation to Users, and Users hereby grant Vity a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback.

 

6.6 Third-Party Content:

Vity may incorporate third-party content, such as licensed stickers or images. Users agree to comply with any applicable third-party terms or licenses when using such content. Vity is not responsible for any infringement or violation of third-party intellectual property rights by Users.

 

6.7 Reporting Infringements:

If Users believe their intellectual property rights are being infringed on Vity, they should notify Vity promptly through the designated channels. Vity will investigate and take appropriate action in accordance with applicable laws.

 

6.8 Termination and Removal:

Upon termination of a User's account, Vity may retain or remove User Content at its discretion. Users are responsible for backing up any User Content they wish to retain before terminating their account.

 

6.9 Trademarks:

Vity may feature trademarks, logos, or service marks owned by Vity or third parties. Users are prohibited from using these marks without the prior written consent of the respective owner.

 

6.10 Enforcement:

Vity reserves the right to enforce its intellectual property rights to the fullest extent permitted by law, including seeking injunctive relief and damages for any unauthorized use or reproduction of Vity or its components.

 

7. Use of the App and Services

 

7.1 Acceptable Use:

Users agree to use Vity in accordance with these Terms of Use and applicable laws and regulations. Users must not engage in any activity that interferes with or disrupts the functionality of Vity, compromises the security of the platform, or infringes on the rights of Vity or third parties.

 

7.2 Compliance with Laws:

Users are responsible for ensuring that their use of Vity complies with all applicable laws and regulations. This includes, but is not limited to, laws related to privacy, data protection, intellectual property, and content distribution.

 

7.3 Prohibited Activities:

Users must not engage in any of the following activities while using Vity:

 

Transmitting any unlawful, infringing, threatening, harassing, defamatory, obscene, or otherwise objectionable content.

Impersonating any person or entity or falsely claiming an affiliation with Vity.

Attempting to gain unauthorized access to any part of Vity or its related systems.

Engaging in any form of automated data collection without explicit consent.

Using Vity for any commercial purposes without prior written consent from Vity.

Violating any third-party rights, including intellectual property rights.

7.4 User Responsibilities:

Users are solely responsible for their interactions with other users and the content they upload or create on Stickers. AI Vity disclaims any liability for User Content and user interactions.

 

7.5 Security Measures:

Users must not circumvent or attempt to circumvent any security features or measures implemented by Vity. Any unauthorized access or attempt to breach the security of Vity may result in the immediate termination of the user's account.

 

7.6 Reporting Violations:

Users are encouraged to report any violations of these Terms of Use or suspicious activities on Vity promptly. Reports can be submitted through the designated channels provided by Vity.

 

7.7 Changes to Services:

Vity reserves the right to modify or discontinue any aspect of Vity, including its features, functionalities, or availability, at any time and without notice. Users acknowledge that Vity will not be liable for any such modifications or discontinuations.

 

7.8 No Warranty for User Content:

Vity does not endorse or guarantee the accuracy, integrity, or quality of User Content. Users access and use User Content at their own risk.

 

7.9 User Acknowledgment:

By using Vity, Users acknowledge that Vity may access, preserve, and disclose their account information and User Content if required to do so by law or if such access, preservation, or disclosure is reasonably necessary to protect the rights, property, or safety of Vity, its users, or the public.

 

8. Disclaimer of Warranties

 

8.1 Use at Your Own Risk:

Users expressly understand and agree that their use of Vity is at their sole risk. The platform is provided on an "as-is" and "as-available" basis, without warranties of any kind, either express or implied Vity disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

8.2 No Warranty of Uninterrupted, Timely, or Secure Access:

Vity does not warrant that the use of Vity will be uninterrupted, timely, secure, or error-free. Users acknowledge that the availability of the platform may be affected by numerous factors beyond Vity's control.

 

8.3 No Endorsement of User Content:

Vity does not endorse, guarantee, or warrant the accuracy, completeness, or usefulness of any User Content. Users acknowledge that reliance on User Content is at their own risk.

 

8.4 No Warranty for Third-Party Services:

Vity does not warrant or endorse any third-party services, products, or content that may be accessed or linked through Vity. Users acknowledge and agree that Vity shall not be responsible for any loss or damage incurred as a result of such interactions or the presence of such third-party services.

 

8.5 No Warranty for Compatibility:

Vity does not warrant that Vity will be compatible with all devices, operating systems, or browsers. Users are responsible for ensuring the compatibility of their devices with Vity.

 

8.6 No Liability for User Conduct:

Vity does not warrant the conduct of its users. Users acknowledge that they may be exposed to offensive, indecent, or objectionable conduct and assume all risks associated with such exposure.

 

8.7 No Responsibility for Data Loss:

Vity disclaims any responsibility for the deletion, loss, or failure to store User Content, settings, or communications maintained or transmitted through the use of Vity.

 

8.8 Exclusion of Implied Warranties:

To the fullest extent permitted by applicable law, Vity excludes all implied warranties, including any warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

8.9 No Advice or Information:

No advice or information, whether oral or written, obtained from Vity, shall create any warranty not expressly stated in these Terms of Use.

 

8.10 Legal Limitations:

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, the limitations and exclusions set forth in this section may not apply to all users. In such cases, the liability of Vity shall be limited to the fullest extent permitted by applicable law.

 

9. Limitation of Liability

 

9.1 Exclusion of Certain Damages:

In no event shall Vity, its officers, directors, employees, or agents be liable to users or any third party for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising out of or in connection with the use or inability to use Vity or any content obtained from or through the platform.

 

9.2 Basis of the Bargain:

Users acknowledge and agree that the limitations on liability contained in this section are an essential basis of the bargain between the parties and shall apply even if Vity has been advised of the possibility of such damages.

 

9.3 No Liability for Third-Party Actions:

Vity shall not be liable for any actions, inactions, or conduct of third parties on or related to Vity. Users hereby release Vity from any claims, demands, or damages arising out of or in connection with such actions, inactions, or conduct.

 

9.4 Cumulative Liability:

The cumulative liability of Vity to any user for all claims arising from or relating to these Terms of Use, including any implied warranty claims, shall not exceed the greater of (i) the amount paid by the user, if any, to access Vity during the twelve months immediately preceding the event giving rise to the liability, or (ii) one hundred U.S. dollars ($100).

 

9.5 Legal Limitations:

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. Therefore, the limitations and exclusions set forth in this section may not apply to all users. In such cases, the liability of Vity shall be limited to the fullest extent permitted by applicable law.

 

10. Indemnification

 

10.1 User's Obligation to Indemnify:

Users agree to indemnify, defend, and hold harmless Vity, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees), arising out of or in connection with user's use of Vity or any violation of these Terms of Use.

 

10.2 Vity's Right to Control Defense:

Vity reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users. In such case, users agree to cooperate with Vity's defense of such claims.

 

10.3 Notice of Claim:

Users shall promptly notify Vity of any claim subject to indemnification, and Vity shall have the right to undertake the defense thereof.

 

10.4 Settlement Authorization:

Users shall not settle any claim that affects Vity's rights or interests without Vity's prior written approval.

 

11. Your Feedback

 

11.1 Voluntary Submission:

We welcome and encourage users to provide feedback, comments, or suggestions regarding Vity ("Feedback"). Users acknowledge that any Feedback provided is voluntary, and Vity may use such Feedback without any obligation to users.

 

11.2 Vity's Right to Use Feedback:

By providing Feedback, users grant Vity a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable right to use, reproduce, distribute, modify, create derivative works from, publicly display, and otherwise exploit the Feedback for any purpose, without compensation or acknowledgment.

 

11.3 No Confidentiality:

Users agree that Feedback is provided on a non-confidential basis. Vity shall not be under any obligation to keep Feedback confidential and may use or disclose it in any manner without restriction.

 

11.4 No Obligation to Implement Feedback:

Vity is not obligated to implement any Feedback received. The decision to implement or not implement Feedback shall be at the sole discretion of Vity.

 

12. Modifications

 

12.1 Modification of Terms:

Vity reserves the right to modify, amend, or update these Terms of Use at its sole discretion. Any changes will be effective immediately upon posting the revised Terms on the Vity platform. Users are encouraged to review the Terms regularly for any updates.

 

12.2 Notification of Changes:

Vity may, at its discretion, notify users of significant changes to the Terms via email or through the Vity platform. It is the responsibility of users to provide accurate and up-to-date contact information to receive such notifications.

 

12.3 Continued Use:

By continuing to access or use Vity after modifications to the Terms, users acknowledge and agree to be bound by the updated Terms. If users do not agree with the modifications, their sole remedy is to cease using Vity.

 

12.4 Changes to App Services:

Vity reserves the right to modify, suspend, or discontinue any aspect of Vity, including features, functionalities, or access methods, at any time without prior notice.

 

13. Termination and Account Cancellation

 

13.1 Termination by Users:

Users may terminate their Vity account at any time by following the account deletion process provided within the app or by contacting Vity at contact@genai-apps.com. Upon termination, all rights and licenses granted to the user will immediately cease.

 

13.2 Termination by Vity:

Vity reserves the right, at its sole discretion, to terminate or suspend a user's account, access to Vity, or any part thereof, for any reason, including a breach of these Terms or if Vity believes the user's actions may cause legal liability or disrupt others' use of Vity.

 

13.3 Effect of Termination:

Upon termination, users lose the right to access or use Vity, including any content created or stored within the platform. Vity will not be liable for any loss or damage resulting from the termination of user accounts.

 

14. Arbitration

 

14.1 Dispute Resolution:

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity thereof, the parties shall attempt to resolve the dispute through informal negotiations between the parties. If the matter is not resolved within 30 days from the date one party notifies the other party of the dispute, either party may initiate binding arbitration.

 

14.2 Arbitration Procedure:

Arbitration shall be conducted in accordance with the rules of the DIAC, as amended from time to time. The arbitration shall take place in UAE, unless the parties mutually agree otherwise. The language of the arbitration shall be English.

 

14.3 Arbitrator's Authority:

The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order or grant, including, without limitation, the issuance of an injunction.

 

14.4 Opt-Out Provision:

Users may opt-out of this arbitration provision within 30 days of accepting these Terms by sending written notice to Vity contact@genai-apps.com. If users opt-out, they will not be bound by this arbitration provision.

 

14.5 Class Action Waiver:

Users and Vity agree that any arbitration will be conducted on an individual basis and not on a class-wide, consolidated, or representative basis. There will be no class, consolidated, or representative arbitration.

 

14.6 Governing Law:

These arbitration provisions are governed by the Federal Arbitration Act, and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.

 

14.7 Exceptions:

Notwithstanding the arbitration provisions, either party may bring a suit in court seeking an injunction or other equitable relief concerning the infringement, misappropriation, or violation of a party's intellectual property rights.

 

15. General

 

15.1 Entire Agreement:

These Terms constitute the entire agreement between you and Vity regarding the subject matter herein and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Vity with respect to the App and Services.

 

15.2 Waiver:

The failure of Vity to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Vity.

 

15.3 Severability:

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

 

15.4 Assignment:

These Terms are not assignable, transferable, or sublicensable by you except with Vity’s prior written consent. Vity may transfer, assign, or delegate these Terms and its rights and obligations without consent.

 

15.5 Governing Law:

These Terms are governed by and construed in accordance with the laws of the UAE, without regard to its conflict of law principles.

 

15.6 Contact Information:

For any questions about these Terms, please contact us contact@genai-apps.com.

 

15.7 Headings:

The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.