Terms of Service

Welcome to Vimeria. These Terms of Service (“Terms”) govern your use of the Vimeria mobile application and related services (collectively, the “App” or “Service”), operated by ONGROUP Sp. z o.o., located at ul. Chrobrego 35, 62-200 Gniezno, Poland, NIP: 7842518652 (“ONGROUP”, “we”, “us”, or “our”).

By downloading, installing, or using Vimeria, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. The Service and AI Technology

Vimeria utilizes advanced artificial intelligence (“AI”) technologies, including external AI systems, APIs, and machine learning models, to edit photos and generate image-to-video content. Due to the probabilistic nature of AI, the output generated may not always be accurate, unique, or suitable for your specific needs.

2. Account Registration and Third-Party Logins

To use certain features of the App, you may be required to register an account. You can register using your email address or via third-party login providers such as Google, Facebook, or Apple. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. User Content and Intellectual Property Rights

a. Your Input: You retain all ownership rights to the original photos, videos, or text you upload to the App (“Input”). By uploading Input, you grant us a worldwide, non-exclusive, royalty-free license to use, host, and process your Input solely for the purpose of providing the Service to you.

b. AI Output: Subject to your compliance with these Terms, you are granted a license to use the images or videos generated by the App based on your Input (“Output”).

c. Disclaimer of Copyrightability: Please note that under current U.S. and international copyright laws, content generated solely by AI may not be subject to copyright protection. ONGROUP makes no representations or warranties regarding your ability to claim copyright ownership of the Output.

4. Acceptable Use Policy

You are solely responsible for your use of the App. You agree NOT to use Vimeria to:

• Upload or generate content that is unlawful, defamatory, harassing, abusive, fraudulent, or obscene.
• Generate or distribute Child Sexual Abuse Material (CSAM) or any explicit, pornographic, or highly violent content.
• Create “deepfakes” or use the likeness of any real person (including celebrities or private individuals) without their explicit consent to deceive or manipulate.
• Infringe on any third party’s copyright, trademark, privacy, or publicity rights.

We reserve the right to suspend or terminate your account and block access to the App if we determine, at our sole discretion, that you have violated this Acceptable Use Policy.

5. Purchases and Subscriptions

The App may offer in-app purchases or subscriptions. All payments are processed through the respective app store (Apple App Store or Google Play Store). Subscription renewals, cancellations, and refunds are governed by the terms of the app store from which you downloaded the App.

6. Disclaimer of Warranties

THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ONGROUP EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE AI OUTPUT WILL MEET YOUR EXPECTATIONS.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONGROUP SP. Z O.O. BE LIABLE FOR ANY 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, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (B) ANY CONTENT OR OUTPUT GENERATED BY THE APP.

8. Binding Arbitration and Class Action Waiver (for U.S./Canada Users)

If you reside in the United States or Canada, you agree that any dispute or claim arising out of these Terms will be resolved by binding, individual arbitration, rather than in court. YOU AND ONGROUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

9. Copyright Infringement and DMCA Policy (for U.S. Users)

We respect the intellectual property rights of others. If you believe that any content generated or hosted within the App infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed.
• A description of where the material that you claim is infringing is located within the App.
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send your DMCA notice to: ONGROUP Sp. z o.o., ul. Chrobrego 35, 62-200 Gniezno, Poland. Email: contact@vimeria.ai

10. Governing Law

For users outside the US/Canada, these Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.

11. Contact Us

If you have any questions about these Terms, please contact us at:

ONGROUP Sp. z o.o. ul. Chrobrego 35, 62-200 Gniezno, Poland NIP: 7842518652 Email: contact@vimeria.ai