Terms of Service
Last Modified on 27th April, 2024
Ownership of Site & Agreement to Terms of Use
VistoureAI Technologies Private Limited, a private limited company with its registered office at 30/181(1), Amrutham, West Yakkara, Palakkad, Kerala, India, 678001, its affiliates, assigns, subsidiaries (“VistoureAI”, "We", "Us" or "Our") is engaged in the business of providing artificial intelligence, SaaS, PaaS, and software services including but not limited to Skybox generation, (“Services”) over the internet with persons who use the Services (“You” or “Your”) and in this regard owns and operates a website www.vistoureai.com (“Website”) and its related domain and subdomains. The Services may be provided by VistoureAI through its Website or separately.
These terms and conditions (“Terms and Conditions”) sets forth the general terms and conditions of your use of the Website and products and services purchased or accessed through the Website and govern your use of the Services provided through its
(i) Website; and/or
(ii) all related widgets, tools, applications, data, software, API’s; and/or
(iii) any associated services provided by Us.
These Terms and Conditions constitute a binding, legal agreement between you and VistoureAI. By accessing the Website and/or using the Services you are providing your acceptance of and compliance with these Terms and Conditions, the Privacy Policy provided on Our Website. These Terms and Conditions shall apply to all visitors, users and others who access the Website or use the Services. These Terms and Conditions are subject to change at any time without notice. To make sure You are aware of any changes, please review these Terms and Conditions periodically. Continued use of the Website and/or Services after any such changes shall constitute Your consent to such changes.
This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and rules and regulations made there under as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The pertinent regulations encompassed within the EU Data Protection Directive 2016/680, the Digital Personal Data Protection Act, 2023, and the General Data Protection Regulation 2016 (Regulation (EU) 2016/679), as periodically amended, alongside analogous legislation from other relevant jurisdictions, in addition to all other pertinent laws, regulations, directives, and ethical codes within any applicable jurisdiction concerning the handling of personal data and privacy, including guidelines and ethical codes established by pertinent supervisory authorities, shall also be applicable as far as they are relevant and acceptable in the jurisdiction and as per the Governing law under this Terms and Conditions.
1. USER ELIGIBILITY AND ACCOUNT
The Website and/or the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. Persons incompetent to contract or who are otherwise disallowed under any applicable laws, rules and regulations are not eligible to use the Website and/or the Service. If You are a minor under applicable law, You are prohibited from accessing or using the Website and/or the Services, except through Your legal guardian or parents who have registered as users on the Website. You confirm to use the Website and/or Services in terms of applicable laws and regulations.
We collect, store, process and use Your information in accordance with Our Privacy Policy. Accepting to the Terms and Conditions also confirm your acceptance to the Privacy Policy. In order to access some features and use the Website, Users have to register and create an account(“Account”) on the Website. VistoureAI may enter into separate Agreements while entering into bespoke Services with certain set of Users who also confirm to the Usage of the Services in terms of these Terms and Conditions.
You confirm that You shall provide Your correct details and confirm that all information You submit when you create your Account is accurate, current and complete. You further confirm that you will keep your Account information accurate, current and complete at all times. VistoureAI has the right in its sole discretion to suspend/terminate the Account if (i) the Service provided herein are were previously barred or terminated by Us in terms of this Terms and Conditions and/or (ii) it has reason to believe that the data provided may not be accurate and is false, and/or (iii) if it is brought to Our notice directly, indirectly or sou moto that the usage of the Website and/or the Services are being used for illegal, fraudulent activities or if the Usage is in violation of the Terms and Conditions as mentioned in Paragraph 2 below; and or (iv) as per requirement from orders from the competent governmental authority and/or court orders requiring Us to do so. Solely in cases (i) and (ii) above VistoureAI shall provide its reason in writing to you for such barring/termination. In the event of any discrepancy, you may write back to us at support@vistoureai.com.
You are solely responsible for the activity that occurs on Your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your login, password, payment etc provided in your account. You must notify Us immediately of any breach of security or unauthorized use of your Account. VistoureAI will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss VistoureAI or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
If you receive credit tokens as a complimentary item upon registering on the Website ("Free Tokens"), you understand and accept that such Free Tokens validity is subject to change with or without prior notice.
2. USAGE
Users accessing the Website and or using the Services shall not use the same directly or indirectly for activities that are illegal, or promotes or encourages illegal activity including but not limited to activities that promotes or engages terrorism, hateful content, promotes or engages in sexual abuse or any type of abusive content, promotes or engages in child sexual abuse, promotes or engages in pornographic content, that are considered hateful and may lead to hurting religious sentiments, animal abuse, infringement of intellectual; harming or destructing property, promotes or engages money laundering, breaches the privacy of persons, uses for software that promotes malware or virus etc or is in violation of foreign exchange laws applicable in India. VistoureAI reserves its right in its sole discretion to terminate the Account without any reason.
3. AVAILABILITY
In accordance with the terms and conditions outlined in this Agreement and our other policies and procedures, we will endeavour to offer this Site and the Services continuously, striving to maintain availability twenty-four (24) hours a day, seven (7) days a week, to the best of our commercial capabilities.
There could be instances or events that are beyond our control, or instances where there is requirement of periodic maintenance, repairs to be undertaken, planned shutdown for maintenance, network transmission error, we will strive our best to resume to normalcy. We may or may not be in a position to keep the Users notified in this regard. You recognize and consent that we do not have authority over the continuous or uninterrupted availability of this Site or the Service. Consequently, we disclaim any liability to you or any other party regarding this matter.
Additionally, We reserve the right to introduce new services to the Website and/or Services, replace an existing Service with a new one, or halt or temporarily suspend an existing Service. Any alterations to the Website and/or Services will adhere to these Terms and Conditions and if required then any supplementary terms of use that we may issue for those particular Services. By agreeing to these terms, you acknowledge that We bear no responsibility to you or any third party for the suspension or termination of any Service.
4. PAYMENT
The User agrees and acknowledges that VistoureAI may utilize third-party payment processors/aggregator ("TPPPA") for all payments made within the Application. Payment processing will be subject to the terms, conditions, and privacy policies of the TPPPA, in addition to these Terms. Furthermore, the User agrees and acknowledges that neither VistoureAI nor any of its directors, shareholders, or representatives shall be liable to the User for any direct, indirect, punitive, incidental, special, or consequential damages resulting from the use of the TPPPA.
In the event of any recurring payment plan, the same shall be as per the account settings and it shall be Your responsibility to maintain your account settings. In the event of any clarifications please write back to us at support@vistoureai.com
5. USE OF API
The Service may feature an application programming interface (API) allowing Users to send requests and receive responses from the Service. You are solely responsible for all activities conducted through the API using a password, passkey, or identifier issued to You, and You agree not to share such credentials with any third party. You acknowledge that VistoureAI reserves the right to discontinue, suspend, terminate, or otherwise restrict API usage at any time, at its sole discretion, with or without prior notice. Use of the API must comply with all applicable laws as set forth, modified, amended, or updated by VistoureAI from time to time. VistoureAI retains the right to monitor, inspect, record, control, and manage the frequency and quality of API’s requested. Additionally, VistoureAI may use, disclose, store, modify, or otherwise alter any information obtained during an API if required by law, regulation, or these Terms, or for the enhancement, upgrade, or refinement of the application or software, or for other legitimate purposes.
6. INTELLECTUAL PROPERTY
VistoureAI owns and runs the Website, and the Service. Everything you see and use on the Website, like the design, pictures, text, and other stuff, belongs to VistoureAI and shall retain its respective rights, title and interest in their patents, copyrights, trademarks, proprietary marks and/or licensed software, service marks, trade secrets and any other form of intellectual property. You confirm that You shall not acquire any right whatsoever in the intellectual property, through use in commerce or otherwise, in the Intellectual Property Rights of the other Party on account of the limited permitted use or purchase of the Service as per the terms of this Agreement.
7. COMMERICIAL USE OF USER GENERATED CONTENT
Paid users are granted a commercial license to use the content generated on our Platform for any lawful purposes unless otherwise stated in Section 2. Usage.
Free users are granted a Creative Commons Attribution 4.0 International (CC-BY 4.0) license to use the content they generate on our Platform for any lawful purposes unless otherwise stated in Section 2. Usage.
7. DISCLAIMER
VISTOUREAI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS AND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE WEBSITE AND/OR SERVICES AND DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY, MARKETABILITY, FEASILBILITY, AND NON-INFRINGEMENT AND YOU HEREBY AGREES THAT THE ENTIRE RISK ARISING OUT OF THEIR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU. 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.
8. INDEMNIFICATION
By utilizing the Website and/or Services and agreeing to these Terms, you commit to defending, indemnifying, and absolving the Company, its directors, shareholders, officers, and representatives from any claims, expenses, damages, losses, liabilities, and costs (including legal fees) arising from and out of (1) Your access Website and/or Services, (2) Your utilization of the sensors and/or Platform services/features, (3) Your infringement of these Terms or any applicable laws or regulations; (4) Your infringement of any third-party rights, such as intellectual property or other rights of individuals or entities; or (5) any third-party claims arising from the content of your transmitted communications.
9. LIMITATION OF LIABILITY
ANY REFERENCE TO ANY LOSSES, DAMAGE, CLAIMS, COMPENSATION, INDEMNITY ETC., TO BE PAYABLE BY VISTOUREAI, SHALL NOT INCLUDE ANY INCIDENTAL, CONSEQUENTIAL, PENAL, EXEMPLARY OR LIKE DAMAGES, OR ANY DIRECT OR INDIRECT LOSS OF PROFITS OR ANY CLAIM FOR LOSS OF OPPORTUNITY OR ANY ACTION IN TORT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. VISTOUREAI SHALL NOT BE HELD ACCOUNTABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, LOSSES, OR INJURIES RESULTING FROM HACKING, TAMPERING, OR ANY UNAUTHORIZED ACCESS OR USE OF THE SERVICE, YOUR ACCOUNT, OR THE INFORMATION STORED THEREIN. VISTOUREAI ASSUMES NO LIABILITY FOR ANY ERRORS IN CONTENT, PERSONAL INJURIES, UNAUTHORIZED ACCESS TO SECURE SERVERS, INTERRUPTIONS IN SERVICE TRANSMISSION, OR ANY MALICIOUS SOFTWARE TRANSMITTED THROUGH THE SERVICE BY THIRD PARTIES. FURTHERMORE, VISTOUREAI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY CLAIMS, LIABILITIES, DAMAGES, OR LOSSES EXCEEDING THE AMOUNT PAID TO VISTOUREAI. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY DO NOT APPLY WHERE PROHIBITED BY LAW. THE SERVICE IS OPERATED FROM FACILITIES IN INDIA, AND VISTOUREAI MAKES NO REPRESENTATION THAT IT IS SUITABLE FOR USE IN OTHER LOCATIONS. USERS ACCESSING THE SERVICE FROM JURISDICTIONS OUTSIDE INDIA ARE RESPONSIBLE FOR COMPLYING WITH RELEVANT LOCAL LAWS AND REGULATIONS.
10. MISCELLANEOUS
Governing Law: Notwithstanding any Conflict of Law provision acceptable in the Republic of India, the Terms and Conditions, Privacy Policy shall be governed and construed in accordance with the laws of the Republic of India. The Courts in Kochi, Kerala, India shall have exclusive jurisdiction.
Feel Free to write to us: In the event of any discrepancy or otherwise, we encourage You to contact Us, vide the below indicated contact details if You have any questions concerning our Terms an Conditions regarding our Website and/or Services at support@vistoureai.com
Relationship: Nothing contained in this Terms and Conditions shall be deemed or construed by the Parties or by any third party or court to create the relationship of principal and agent or employer or employee or of partnership or of joint venture or of any association between the You and VistoureAI.
Severability: any provision of this Terms and Conditions is held to be illegal, invalid, or unenforceable under any present or future law, (i) such provision shall be fully severable; (ii) this Terms and Conditions shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of this Terms and Conditions shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance herefrom.
Assignment: The Account created by You be is non-transferable. In the event of bespoke Services provided by Us, the same may be at the discretion of Vistoure AI.