Terms of Service

Last updated on January 9, 2024

Thank you for using AIModelWizard.com, a service provided by Vobion LLC (the "Company", "Site" or "Service"). This Terms of Service Agreement ("Agreement") is a binding legal agreement between you and Vobion LLC that governs your access to and use of the Site and any associated services, content, products, and information made available by Vobion LLC (collectively referred to as "Services").

Please read this Agreement carefully before using the Services. By accessing or using the Services, you signify your agreement to be bound by this Agreement. If you do not agree with any part of this Agreement, do not access or use the Services.

1. Eligibility and Access

You must be at least 18 years of age to use the Services. By using the Services you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and use of the Services complies with all applicable laws and regulations. If you do not qualify, you are prohibited from accessing or using the Services.

Vobion LLC grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services for your own personal, non-commercial use, subject to your compliance with this Agreement. You shall not directly or indirectly, through automated or non-automated means: (a) take any action to interfere with, simulate, disable, or overload the Service; (b) utilize any data mining, robots, or similar data gathering and extraction methods; and (c) attempt to gain unauthorized access to the Service or its related software, systems, platforms or networks.

2. AI Influencer Image Generation Services

Vobion LLC uses advanced artificial intelligence and deep learning technologies to create original 2D and 3D avatars, likenesses, and images of fictional "AI influencers" based on parameters you provide. You may also upload your own headshots or photos to generate customized AI influencer versions of yourself or fictional personas. However, you represent and warrant that you have the legal rights and permissions to provide any images or photos uploaded to the Services.

All AI influencer images, avatars, and content generated by or derived from the Services are the sole and exclusive property of Vobion LLC. You have no ownership rights in any generated content. Vobion LLC grants you a limited, non-exclusive, non-transferable license to use AI influencer images that you have purchased and properly licensed for the purposes permitted under the applicable commercial licensing agreement.

Vobion LLC reserves the right to terminate accounts or generated content that violates our policies or applicable laws. We also reserve the right to retain, use, modify, and enhance any images, avatars, or content generated by our Services to expand and improve our AI capabilities, even after termination of your account or this Agreement.

3. Acceptable Use Policy

You agree not to misuse the Services or exploit them for any unauthorized or illegal purposes, including:

  • Uploading, generating, or requesting content that is unlawful, defamatory, obscene, invasive of privacy, harmful, abusive, racially or ethnically offensive, or otherwise objectionable.
  • Generating images or content to impersonate a real person without consent, or to imply endorsement, sponsorship or association where none exists.
  • Using AI influencer images for political campaigns, elections, lobbying or partisan purposes without explicit prior written permission.
  • Generating or disseminating images that purposefully aim to deceive, manipulate, or exploit others.
  • Using the Services to infringe or violate the intellectual property, privacy, publicity or other rights of third parties.
  • Sharing licensed AI influencer images beyond the scope permitted in your content licensing agreement.

Vobion LLC reserves the right to review, monitor, prohibit, restrict or remove any content in our sole discretion that we consider illegal, offensive, dangerous or otherwise objectionable, and to suspend or terminate your account for violations of this policy.

4. Your Obligations with Respect to Content

Any images, photos, or other content that you upload or provide to Vobion LLC for the purpose of generating AI influencer images constitutes "Your Content" under this Agreement. You represent and warrant that:

  • You have the legal right and any required permissions to provide Your Content;
  • Your Content does not violate any laws or third party rights, including intellectual property rights and privacy rights;
  • Vobion LLC’s use of Your Content as outlined in this Agreement will not violate any laws or third party rights.

You hereby grant Vobion LLC a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to copy, display, distribute, modify, create derivative works based on, publicly perform, and otherwise use Your Content in furtherance of providing the Services and operating Vobion LLC's artificial intelligence systems. This license survives termination of your account.

You are solely responsible for backing up and maintaining copies of any of Your Content provided to Vobion LLC. We do not guarantee any protection, security, storage, retention or accuracy of Your Content.

5. Fees and Billing

You may purchase licenses to use AI influencer images generated through the Services. Applicable fees, billing and payment terms are outlined in your order and account dashboard. All fees are non-refundable except where expressly stated. Vobion LLC may change its fees and billing methods at any time by posting the amendments on the Site or notifying you by email. Your continued use of the Services after any amendments signifies your acceptance.

You are responsible for all applicable taxes associated with your use of the Services. Vobion LLC may suspend your account and access to licensed content if your payment is past due. Suspension or termination of your account does not relieve you of any outstanding payment obligations.

6. Termination

You may terminate your account and stop using the Services at any time. Vobion LLC may suspend or terminate your account, licensed content access, or ability to use the Services at any time for any reason, including for improper or illegal use, non-payment, or breach of this Agreement.

Upon termination, all licenses, rights and permissions granted to you under this Agreement will immediately cease. Vobion LLC reserves the right to retain and continue to use any AI influencer images, avatars, or other content generated by the Services to improve our AI, even after termination of your account or this Agreement.

7. Disclaimers and Limitation of Liability

THE SERVICES AND ALL RELATED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. VOBION LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY.

VOBION LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, ANTICIPATED PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.

IN NO EVENT WILL VOBION LLC’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNTS ACTUALLY PAID BY AND DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.

8. Indemnification

You agree to defend, indemnify and hold harmless Vobion LLC, its directors, employees, suppliers, and partners from and against any third-party claims, liabilities, damages, losses and expenses (including reasonable attorney fees) directly or indirectly arising from: (a) your breach of any term of this Agreement; (b) your use of the Services; (c) any content submitted to Vobion LLC; or (d) your violation of any laws or third party rights. Vobion LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification.

9. Copyright and Trademark

The Services and all Site Content, including all text, graphics, user interfaces, audio and video, software, trademarks, logos, artwork and underlying source code, are owned by Vobion LLC and protected under copyright, trademark and other applicable laws. You may not copy, modify, translate, publish, license, sell, rent, lease or otherwise distribute any Site Content unless expressly authorized by Vobion LLC.

10. Changes and Modifications

Vobion LLC reserves the right to modify this Agreement at any time. Updated versions will be posted on the Site with the "Last Updated" date amended. Your continued access or use of the Services constitutes acceptance of the updated terms and conditions.

11. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the State of Wyoming without regard to conflict of law principles. Any dispute between you and Vobion LLC will be resolved through binding arbitration conducted in Sheridan, Wyoming under the rules of the American Arbitration Association, except where prohibited by law. Arbitration allows for limited discovery and is handled by a neutral arbitrator instead of a judge or jury. You agree to waive any right to initiate or participate in any class action lawsuit against Vobion LLC related to your use of the Services or this Agreement.

12. Severability and Survival

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. The parties’ obligations under Sections 6, 7, 8 and 9 shall survive termination of this Agreement.

13. Entire Agreement

This Agreement represents the entire understanding between you and Vobion LLC with respect to the Services and supersedes any prior agreements. Vobion LLC’s failure to enforce any provisions of this Agreement shall not constitute a waiver.

14. Contact Information

Please direct any questions about this Agreement to: [email protected]

15. Credits and Subscriptions

Vobion LLC allows you to purchase credits or subscribe to plans to access enhanced Services features. All purchases of credits and subscription plans are final and non-refundable.

Credits have no cash or monetary value and cannot be exchanged for cash. Unused credits expire one (1) year after purchase. We reserve the right to terminate accounts with unpaid or expired subscriptions.

We offer different subscription plan options outlined on the Site. Subscriptions automatically renew for the same period unless you cancel at least 24 hours before the renewal date. You authorize us to charge your payment method on file for renewals.

Subscription plan features, pricing, and availability are subject to change at any time. Upgrading plans takes effect immediately; downgrades at the end of the current billing cycle. Suspended or terminated accounts lose access to subscription benefits.

We will make reasonable efforts to notify you of any pricing or plan changes via email. Your continued use of the Services after any amendments signifies acceptance. Please contact [email protected] if you have any subscription billing questions.

16. Purchases

All purchases made through the Website are processed by a third party payment processor, Paddle (paddle.com). Paddle may ask you for personal and/or non-personal information, such as your name, address, email address, credit card information, or other Personal Information. Paddle has a privacy policy (https://paddle.com/legal-buyers/) that describes their collection and use of personal information. Vobion LLC does not control Paddle or its collection or use of information. Any questions or concerns about Paddle’s practices should be directed to Paddle.

Paddle provides us with certain non-personal information relating to purchases made by visitors to the Website. The non-personal information may include details of the purchase such as the date, amount paid, and product purchased. The non-personal purchase information may be linked to the Personal Information you provide to us (typically limited to your email address, as stated above). Paddle does not supply us with any of your other Personal Information such as your name, street address, or credit card information.