Terms of Use
Zooly.ai Platform Terms of Use
Last updated August 26, 2024
Zooly.ai Platform
Zooly.ai enables users to create AI animations of entertainers and celebrities through artificial intelligence technology, serving both end users developing custom AI content and entertainers expanding their virtual presence.
Acceptance of Terms
By accessing or using Zooly’s services, users agree to be bound by these Terms of Use, Privacy Policy, and Ambassador Agreement. The platform reserves the right to make changes to this agreement at company’s sole discretion with continued use constituting acceptance. Section 13 governing entertainer likeness ownership requires written consent from both parties to modify.
Definitions
- •Entertainer’s Likeness — Visual, auditory, or other representations of an entertainer’s face, body, voice, or distinctive appearance.
- •Entertainer Creations — Proprietary products including music, visual art, and protected materials created by entertainers.
- •Platform Specifications — Applications and terms selected when creating AI-generated content.
- •Work Product — AI-generated content created using entertainer likeness features.
- •Platform — Zooly.ai website, software, APIs, and related IT resources.
Privacy
Use is governed by Zooly’s Privacy Policy and cookie policy at specified URLs.
Ownership
Platform content belongs to Zooly or licensors, protected by copyright and intellectual property rights. Users cannot acquire ownership through platform use.
Registration and Account Security
Users must provide accurate, current information. Zooly may deny access or terminate accounts if information is incorrect or incomplete.
Use of Platform and Conduct
Zooly grants limited, revocable, nonexclusive licenses for personal use only. Users must comply with laws and refrain from engaging in any activity that is fraudulent, illegal, or harmful; misusing, hacking, or interfering with the platform’s operation.
User Content and Intellectual Property
Users are solely responsible for their content and warrant they own intellectual property rights. Entertainer likeness remains the entertainer’s property per Section 13.
Indemnification
Users indemnify Zooly and affiliates from claims arising from their platform use or agreement violations.
Terms in User's Zooly Page
Users are responsible for their page content. Zooly grants itself a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish user submissions. Zooly may remove content deemed offensive, harmful, or illegal, and entertainers may revoke work product licenses anytime.
Payments
Zooly disclaims responsibility for payment transfer errors, account information mistakes, or third-party provider delays. Processing fees are deducted from the receiving end. Payment records are retained but Zooly assumes no responsibility for errors.
Ambassador Program
Terms of the Zooly Ambassador Agreement apply by reference.
Entertainer License
Service. Zooly grants entertainers non-exclusive, revocable, worldwide licenses to access and use the platform. Company will make commercially reasonable efforts to comply with legal modifications. All updates and features developed post-deployment are provided at no additional cost.
Use of Service. Entertainers must promote the platform across marketing channels. Entertainers cannot harvest user data without consent, transmit unlawful content, distribute malware, interfere with service integrity, or harass users.
Fees & Payment. Company may charge end users transaction fees; no royalties are charged to entertainers. Entertainers may charge end users via platform specifications with payment transferred to designated accounts.
Proprietary Rights. Company retains all intellectual property in its technology and trademarks. Entertainers grant Zooly non-exclusive, unlimited, royalty-free licenses to use, modify, and display entertainer likeness for service improvement and AI training. End users receive non-exclusive, revocable licenses for specified likeness features per platform specifications. Entertainer likeness remains the entertainer’s property.
Warranties and Disclaimers. Company warrants the service will be free from material programming errors and will conform to specifications. Company makes no warranty of any kind, whether express, implied, statutory, or otherwise except as expressly provided. All implied warranties including merchantability are disclaimed.
Indemnity. Mutual indemnification applies for material breaches, gross negligence, fraud, willful misconduct, and third-party claims for property damage or personal injury. Indemnifying party must be promptly notified and indemnified party must cooperate in defense.
Limitation of Liability. Neither party is liable for indirect, incidental, or consequential damages except for material breaches, indemnification, representation/warranty breaches, gross negligence, fraud, willful misconduct, or material law violations.
Term and Termination. Upon entertainer termination, existing work product remains accessible to end users but the company will restrict access to the entertainer’s likeness after termination, preventing end users from making new creations.
Subscriptions & APIs
Zooly may offer subscription tiers including “Pro” with advanced features and APIs at pricing determined by Zooly.
Disclaimer of Legal Responsibility
The information on this platform is provided on an “as is,” “as available” basis. Zooly disclaims all warranties and is not responsible for ownership disputes or payment misuse.
Governing Law and Arbitration
California law governs these terms. Disputes are resolved through JAMS arbitration with one arbitrator in San Francisco, conducted in English.
Severability
If provisions are deemed unenforceable, they’re eliminated to minimum extent necessary while maintaining agreement validity.
Waiver
Zooly’s failure to enforce rights doesn’t constitute waiver. Any waiver must be written and signed by authorized representative.
Termination
Zooly may terminate this agreement anytime, with or without notice, for any reason.
Relationship of the Parties
Neither party is a partner, joint venturer, employee, or agent of the other. Both remain independent contractors.
Assignment
Entertainers consent to Zooly assigning this agreement in whole or part, with licenses transferring to assignees.
Entire Agreement
These terms, plus Privacy Policy and posted policies, constitute the entire agreement. Zooly may revise terms by updating and posting; continued use signifies acceptance.
Contact Information
For any questions or concerns, please contact info@zooly.ai.
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