Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Videmora, Inc., a Delaware corporation ("Videmora," "Company," "we," "us," or "our"), governing your access to and use of the Videmora website, application, and related services (collectively, the "Service"). By creating an account, clicking "I agree," or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy and Cookie Policy, each incorporated herein by reference. If you do not agree, you must not access or use the Service.

• You must be at least 18 years old and capable of forming a binding contract to create a Videmora account. By registering, you represent and warrant that you meet this requirement.
• The Service is designed to process Content depicting family members, including minors, uploaded by an adult account holder — this eligibility requirement applies to the account holder, not to individuals depicted within uploaded Content.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. Notify us immediately of any unauthorized use.
• You may not create an account using false identity information, on behalf of another person without authorization, or if you have previously been banned from the Service for violation of these Terms.

Videmora allows users to upload photos and videos, which are processed using artificial intelligence technology to generate a narrated video ("Generated Output") for personal use. The Service will operate on a credit-based model once payment processing is live, as described in Section 8. We may modify, suspend, or discontinue any feature of the Service, in whole or in part, at any time, with or without notice, though we will make reasonable efforts to notify you of material changes affecting purchased credits.

As between you and Videmora, you retain all right, title, and interest in and to the photos, videos, and other material you upload ("Your Content"). By uploading Your Content, you grant Videmora a limited, non-exclusive, worldwide, royalty-free, sublicensable (solely to our service providers described in our Privacy Policy) license to host, store, reproduce, analyze, and create derivative works from Your Content, solely to the extent necessary to provide and improve the Service to you.

This license terminates when you delete the relevant Content or your account, subject to the residual retention periods described in our Privacy Policy. We do not use Your Content to train third-party foundation models, and we do not license, sell, sublicense (outside the limited purpose above), or otherwise commercially exploit Your Content.

By uploading any Content, you represent and warrant that:

• (a) you own the Content or otherwise have all necessary rights, licenses, and permissions to upload it and to have it processed as described in these Terms and our Privacy Policy;
• (b) where Content depicts another identifiable individual (including a minor), you have obtained that individual's consent — or, where the individual is a minor, the consent of a parent or legal guardian — to upload the Content and to have it processed, including biometric facial-matching as described in our Privacy Policy;
• (c) the Content does not violate any applicable law, infringe any third party's intellectual property, publicity, or privacy rights, or contain unlawful material.

Subject to your compliance with these Terms, we grant you a license to use Generated Output (story text, narration audio, and rendered video) for personal, non-commercial purposes, including sharing with family and friends. Because Generated Output is produced using third-party AI technology, we do not warrant that it is accurate, complete, or free of error, and you are solely responsible for reviewing Generated Output before sharing it publicly. Videmora makes no representation regarding the copyright status of AI-generated content in any jurisdiction, which remains an evolving area of law worldwide.

You agree not to, and not to permit any third party to:

• upload Content you do not have the rights or consent described in Section 5 to upload;
• use the Service to harass, defame, threaten, stalk, or impersonate any person, or to violate any individual's privacy or publicity rights;
• reverse-engineer, decompile, or attempt to extract the underlying models, algorithms, or source code of the Service;
• use bots, scripts, or other automated means to create accounts, scrape the Service, or fraudulently consume credits;
• interfere with, disrupt, or impose an unreasonable load on the Service's infrastructure;
• use the Service in violation of any applicable local, state, federal, national, or international law.

We may investigate and take appropriate action against any violation, including removing Content, suspending or terminating accounts, and reporting conduct to law enforcement, at our sole discretion and with or without prior notice depending on severity.

• Once live, purchases will be processed by a third-party payment processor, which will handle billing, applicable tax collection and remittance, and payment security. Videmora will not receive, transmit, or store your full payment card number. By making a purchase, you will also agree to that processor's applicable terms.
• The Service will operate on a credit system; credits are consumed to generate Content and may be purchased or granted (e.g., promotional or gift codes).
• Credits will have no cash value, will be non-transferable between accounts, and will not be redeemable for cash except where required by applicable law.
• Credits will generally be non-refundable once a generation has been successfully delivered. If a paid generation fails due to a fault within the Service, we will automatically restore the consumed credit.
• Other refund requests will be reviewed on a case-by-case basis — see Section 9 for additional statutory refund/cancellation rights if you're in the UK, EU, Australia, or Canada, which apply regardless of our internal refund policy.
• Any subscription or auto-renewing plan we offer in the future will include clear disclosure of renewal terms and a cancellation mechanism at the time of purchase, consistent with applicable auto-renewal law in your jurisdiction.

Nothing in these Terms limits any right you have under mandatory consumer-protection law that cannot be excluded or waived by contract. Where such law conflicts with a provision of these Terms, the mandatory law controls solely to the extent of the conflict, and the rest of these Terms remains in effect.

9.1 United Kingdom & European Union

If you are a consumer in the UK or EU purchasing digital content or services at a distance, you may have a statutory right to cancel within 14 days of purchase under the UK Consumer Contracts Regulations 2013 or the EU Consumer Rights Directive. Because Generated Output is typically delivered promptly after purchase, this right may be lost once performance begins with your express consent and acknowledgment that you thereby lose the cancellation right — we will seek that acknowledgment at the point of purchase once payment processing is live. This is in addition to, not a replacement for, the refund terms in Section 8.

9.2 Australia

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded, including guarantees that services will be provided with due care and skill.

9.3 Canada

Nothing in these Terms limits any non-waivable right or remedy available to you under applicable Canadian federal or provincial consumer protection legislation, including any applicable cooling-off or disclosure requirements for online contracts.

The Service relies on third-party AI and infrastructure providers described in our Privacy Policy. We are not responsible for outages, errors, or policy changes originating from these providers, though we will use commercially reasonable efforts to minimize impact on you, and where a paid generation is affected, the refund policy in Section 8 applies.

The Videmora name, logo, and all software, design, and branding comprising the Service are the intellectual property of Videmora, Inc. or its licensors. Nothing in these Terms transfers any such intellectual property to you.

If you believe Content accessible through the Service infringes your copyright, submit a notice to our designated DMCA agent at [dmca@videmora.com] containing: (1) a physical or electronic signature of the copyright owner or authorized representative; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the allegedly infringing material and information reasonably sufficient to locate it; (4) your contact information; (5) a statement of good-faith belief that use of the material is not authorized; and (6) a statement, made under penalty of perjury, that the notice is accurate and that you are authorized to act on behalf of the copyright owner. We will respond consistent with the Digital Millennium Copyright Act, 17 U.S.C. § 512, and, for users outside the US, will treat a substantively equivalent notice under your local copyright framework in good faith even though the DMCA itself is US law.

If you provide suggestions, ideas, or feedback about the Service, you grant Videmora a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation or compensation to you.

These Terms remain in effect while you use the Service. You may delete your account at any time through the Service; see our Privacy Policy for the data-deletion process and timelines that follow. We may suspend or terminate your access, with notice where reasonably practicable, for violation of these Terms, suspected illegal activity, or risk to the Service or other users. Sections 4 (as to the residual license), 6, 9, 11, 14, 15, 16, and 18–20 survive termination.

THE SERVICE AND ALL GENERATED OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, EXCEPT AS EXPRESSLY PRESERVED BY SECTION 9 FOR CONSUMERS IN JURISDICTIONS WHERE SUCH WARRANTIES CANNOT LAWFULLY BE EXCLUDED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE OR MEET YOUR EXPECTATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIDEMORA, INC., ITS OFFICERS, DIRECTORS, FOUNDERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, CONTENT, GOODWILL, OR PROFITS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO VIDEMORA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), OR ITS EQUIVALENT IN YOUR LOCAL CURRENCY. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR — WHERE APPLICABLE — NON-EXCLUDABLE CONSUMER GUARANTEES UNDER SECTION 9.

You agree to defend, indemnify, and hold harmless Videmora, Inc. and its officers, directors, founders, employees, and agents from and against any claim, liability, damage, loss, and expense (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) Your Content; (c) your breach of these Terms; or (d) your violation of any law or the rights of a third party, including a failure to obtain the consent described in Section 5.

You may not use, export, re-export, or transfer the Service in violation of applicable export control or sanctions laws, including those administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce, or equivalent UK, EU, or Australian sanctions regimes. You represent that you are not located in, and are not a national or resident of, any country subject to a comprehensive government embargo, and that you are not listed on any applicable government list of prohibited or restricted parties.

18.1 Governing law

These Terms and any dispute arising out of or relating to them or the Service shall be governed by the laws of the State of Delaware, without regard to its conflict-of-laws provisions, except to the extent preempted by applicable federal law, and except as Section 9 preserves mandatory local consumer protections for UK, EU, Australian, and Canadian consumers.

18.2 Informal resolution

Before filing a claim, you agree to first contact us at the address in Section 20 and attempt in good faith to resolve the dispute informally for at least 30 days.

18.3 Binding arbitration (US users)

If you are a US resident and a dispute is not resolved informally, you and Videmora agree that any dispute, claim, or controversy shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small-claims court if it qualifies.

18.4 Class action waiver (US users)

YOU AND VIDEMORA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

18.5 Right to opt out (US users)

You may opt out of Section 18.3's arbitration agreement by sending written notice to Section 20 within 30 days of first accepting these Terms, including your name, account email, and a clear statement that you wish to opt out. If you opt out, disputes will be resolved in the state or federal courts located in Delaware, and both parties waive any right to a jury trial to the fullest extent permitted by law.

18.6 Non-US users

Sections 18.3–18.5 apply only to users resident in the United States. If you are resident in the UK, EU, Australia, or Canada, disputes will be resolved in accordance with Delaware law as stated in 18.1, subject always to Section 9's preservation of your local mandatory consumer rights, including any right you may have to bring proceedings in the courts of your own country of residence where local law guarantees that right and prohibits its waiver by contract.

• Force majeure: Videmora is not liable for any failure or delay resulting from circumstances beyond our reasonable control, including acts of God, natural disaster, war, terrorism, labor disputes, internet or utility failures, or third-party service provider outages.
• Severability: if any provision of these Terms is held unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
• No waiver: our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
• Assignment: you may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
• Entire agreement: these Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Videmora regarding the Service, superseding any prior agreements.
• Notices: we may provide notices to you via the email address on your account or through in-app notification; you may provide notices to us using Section 20.
• Language: these Terms are drafted in English. Any translation is provided for convenience only, and the English version controls in the event of a conflict.

Videmora, Inc., a Delaware corporation
Founders: Md. Robiul Alam, Joy Das
Registered agent for service of process: [registered agent name & Delaware address on formation]
Legal inquiries: [legal@videmora.com]
DMCA agent: [dmca@videmora.com]