I. INTRODUCTION

These Terms of Use and End User License Agreement (collectively, the "Agreement") form a legally binding contract between you, an individual user ("you", "your", or "User"), and ("we", "us", or "our") regarding your access to and use of the Vuzo mobile software application (the "App").

Please note: The App’s title may differ in countries outside of the United States and may be changed at any time without prior notice.

By downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement. If you are agreeing to these terms on behalf of another person or an organization, you represent and warrant that you have the authority to bind that entity, and both you and the entity will be responsible for any violation of this Agreement.

This Agreement becomes effective immediately upon your first download, installation, or use of the App whichever occurs first. All related documents and policies referenced herein are expressly incorporated by reference and form part of this Agreement.

If you do not agree to any part of this Agreement, you may not access, download, install, or use the App. If you do not accept these terms, you must discontinue all use of the App and delete it from any devices under your control.

Your continued use of the App constitutes your acceptance of this Agreement and any future updates or modifications made to it.

If you have any questions about this Agreement, please contact us using the details provided in the Contact Us section.

II. CHANGES TO THIS AGREEMENT

We reserve the right to modify or update this Agreement at any time, at our sole discretion and for any reason. We will notify you of changes by updating this Agreement’s posted version, and you waive any right to receive individual notice of each change. It is your responsibility to review this Agreement periodically to stay informed of any updates. By continuing to use the App after a revised Agreement is posted, you acknowledge that you have read, understood, and accepted the updated terms.

III. ELIGIBILITY, USER ACCOUNTS, and ACCOUNT SECURITY

To download, install, access, or use the App, you must be at least eighteen (18) years old.

Users who are minors under the age of majority in their jurisdiction (typically under 18) may use the App only with the consent and direct supervision of a parent or legal guardian. If you are between the ages of thirteen (13) and seventeen (17), before using the App, you must:

• Obtain and confirm that your parent or guardian has read and agreed to this Agreement, providing their consent for you to use the App; and
• Confirm that you have the legal capacity to enter into a binding contract with us, and that you are not prohibited from doing so by any applicable laws.

Parents and guardians are responsible for supervising their minor children’s use of the App and must prevent any unauthorized, inappropriate, or unlawful use by minors.

Persons under the age of thirteen (13) are not permitted to download, install, access, or use the App under any circumstances.

By using the App, you affirm that you are either:

• Over eighteen (18) years old;
• An emancipated minor; or
• Using the App with the legal consent and supervision of a parent or guardian.

You further affirm that you have the legal capacity and authority to enter into this Agreement and agree to abide by its terms.

AGE RESTRICTIONS FOR RESIDENTS OF THE EUROPEAN ECONOMIC AREA (EEA)

In accordance with the General Data Protection Regulation (GDPR), users residing in the EEA must be at least sixteen (16) years old to use the App. We do not permit access to users under sixteen (16) in the EEA, except as allowed by applicable law.

If you become aware of any user under this age in the EEA using the App, please contact us immediately (see the Contact Us section), and we will take appropriate action to restrict access.

You also affirm that you have not been previously suspended or banned from using the App and agree to comply with all applicable laws while using it. The App is not available to users who have been prohibited from accessing it.

IV. GENERAL TERMS

The App is designed for personal and non-commercial use only. It provides tools powered by artificial intelligence (AI) technologies that enable you to interact with AI through chat and receive answers to your questions. Additionally, the App allows you to upload certain types of files, which the AI can analyze to generate summaries or reviews. For a complete list of features, please refer to the App’s page on the App Store.

V. PRIVACY POLICY

Your privacy is very important to us. To help you understand how we collect, use, and store information, including personal data, we have created this Privacy Policy. Access to the App and use of its Services are governed by this Privacy Policy.

By accessing the App and continuing to use the Services, you agree to the terms of the Privacy Policy and acknowledge the ways we process your information, including the legal grounds for such processing as described in the Policy.

We may update or amend the Privacy Policy from time to time. If you do not agree with any part of the Privacy Policy, you must immediately stop using the App and Services.

Please read our Privacy Policy carefully at https://www.vuzo.com/privacy-notice/.

VI. END USER LICENSE AGREEMENT. RULES AND REGULATIONS APPLICABLE TO USER CONTENT

INTELLECTUAL PROPERTY RIGHTS RELATED TO THE APP

This subsection does not apply to User Content (defined below). The license terms and other regulations regarding User Content are set forth in this Section VI below under the subtitle “USER CONTENT”.

By using the App, you undertake to respect our intellectual rights (intellectual rights related to the App’s source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.

While you continue to use the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable license to access and use the App in accordance with this Agreement (the “License”).

You may use our App solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the App.

USER CONTENT

Our App enables you to submit text, text files, and graphic files of particular formats available within the App (the "Input Content") and generate new original content based on it using AI (the "Output Content"). The App may also allow you to upload, edit, create, store, and share photos and/or other files. For the purposes of this Agreement, the term "User Content" explicitly includes Input Content, Output Content, and any other content you create, upload, or share through the App.

We may process and display your User Content only as necessary to operate, maintain, secure, and improve the App and as described in our Privacy Policy, including where the content depicts or references identifiable individuals. You are responsible for ensuring you have all permissions and lawful bases (including publicity/privacy consents where required) for any such content.

You represent and warrant that: (i) you own the rights to the User Content you stylize on or through our App, or have the rights to grant the rights and licenses described in these Terms; (ii) you agree to pay all royalties, fees, and other sums owed by reason of the User Content you stylize on or through our App; and (iii) you have the legal right and capacity to enter into these Terms in your jurisdiction.

You may not upload, edit, create, store, or share any User Content that violates these Terms or to which you do not have all necessary rights to grant us the Company License described above.

We are not responsible for any changes, suspensions, or discontinuations of the App, or for the loss of any User Content.

OWNERSHIP AND YOUR RIGHTS

WE DO NOT CLAIM OWNERSHIP RIGHTS OVER YOUR USER CONTENT. YOU RETAIN ALL RIGHTS TO YOUR USER CONTENT AND MAY USE IT COMMERCIALLY. This means that you can publish, incorporate into other works, print, replicate, distribute, profit from, or otherwise benefit from your User Content, including both Input and Output Content.

COMPANY LICENSE

Company License (limited to operating the App). To operate, maintain, secure, and improve the App and display your content as intended by its functionality, you grant us a non-exclusive, revocable, worldwide, royalty-free, transferable and sublicensable license to host, store, reproduce, adapt, modify, create derivative works from (only as needed for technical processing, formatting, or safety filtering), and display your User Content solely for those purposes and in accordance with our Privacy Policy.

We do not use your User Content to train our or third-party foundational AI models unless you have provided an explicit, opt-in consent where required by applicable law. You may revoke the license for future use by deleting your content from the App (which does not affect prior, already-performed processing or legal retention obligations).

USER RESPONSIBILITIES AND REPRESENTATIONS

You are responsible for all User Content and represent and warrant that:

• You have all rights, licenses, and permissions required to upload and use your Input Content
• You own the rights to your User Content or have the rights to grant the licenses described in these Terms
• You agree to pay all royalties, fees, and other sums owed by reason of your User Content
• You have the legal right and capacity to enter into these Terms in your jurisdiction

Before uploading content, ensure that it:

• Belongs to you or you have obtained the right to use it as technically allowed by the App
• Is legally and socially acceptable and does not go against public order
• Does not infringe any third party's rights, including copyright and privacy rights

You may not upload, create, store, or share any User Content that violates these Terms or to which you do not have all necessary rights.

AI-GENERATED CONTENT DISCLAIMERS

Factual assertions in Output Content should not be relied upon without independently checking their accuracy, as they may be false, incomplete, misleading, or not reflective of recent events or information.

You acknowledge that Output Content may not be unique and other users may receive similar content from the App. Responses that are requested by and generated for other users are not considered your Output Content.

RISK AND COMPLIANCE

You assume and bear all risks related to your use of User Content. It is your sole responsibility to ensure compliance with applicable laws while using User Content.

Your compliance with content restrictions (detailed in Section VII) is crucial. Failure to comply may result in termination of your access to the App and/or other consequences.

We are not responsible for any changes, suspensions, or discontinuations of the App, or for the loss of any User Content.

THIRD PARTIES’ MATERIALS AND TECHNOLOGIES INTEGRATED INTO THE APP

The App is using OpenAI API available at https://platform.openai.com/docs/api-reference/. You may obtain a copy of API TERMS & POLICIES at https://openai.com/api/policies/service-terms/.

Due to the fact that we use OpenAI API for the purpose of processing and creation of AI-generated User Content, you hereby agree to be bound by and comply with the terms of OpenAI Sharing & Publication Policy while any sharing and/or publication of User Content.

OpenAI API (GPT-4o & GPT-4o Mini)

The App utilizes OpenAI's API, including the GPT-4o and GPT-4o Mini models, for AI-generated content. Your use of these features is subject to OpenAI’s terms and policies:

OpenAI API Documentation: https://platform.openai.com/docs/api-reference/introduction
OpenAI Terms of Use: https://openai.com/policies/service-terms/
OpenAI Sharing & Publication Policy: https://openai.com/policies/sharing-publication-policy/

By using OpenAI-powered features, you agree to comply with OpenAI’s Sharing & Publication Policy when sharing or publishing AI-generated content.

Google Gemini (via Google Custom Search JSON API)

The App uses Google Gemini AI and the Google Custom Search JSON API for AI responses and search functionality. Your use of these services is subject to Google’s terms:

API Documentation: https://developers.google.com/custom-search/v1/overview?hl=en
Google Terms of Service: https://developers.google.com/terms
Google Privacy Policy: https://policies.google.com/privacy

You agree not to use the App in any manner that may be regarded as prohibited behavior under the documents referenced above.

We do not control or guarantee the accuracy, completeness, or reliability of any content generated by these third-party services. AI-generated output may be unpredictable or unsuitable for certain purposes. You are solely responsible for how you use such content and any consequences that arise from its use.

We reserve the right to update, replace, or discontinue any third-party service at any time without prior notice.

VII. PROHIBITED BEHAVIOR

You will not violate any applicable contract, intellectual property law, or any other applicable law or third-party rights (including our rights), or commit any torts, and you are solely responsible for your conduct while using our App. You represent, warrant, and agree that you will not use our App to upload User Content or otherwise engage in any of the following conduct (including any attempts to perform any of the following):

LIMITED LICENSE; COPYRIGHT AND TRADEMARK

The App and its text, graphics, images, photographs, videos, illustrations, trademarks, trade names, logos, slogans, source code, design, content, sounds, music, filters, tools, and other materials contained therein (collectively, the "App Content"), as well as any intellectual property rights thereto, are owned by us or licensed to us and are protected under both U.S. and foreign laws. The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (the "works") as well as names, logos and trademarks ("means of individualization") within the App are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties.

Except as explicitly stated in these Terms, we and our licensors, as applicable, retain all rights, title, and interests (including all intellectual property rights) in and to the App and the App Content. Your use of the App Content is always subject to these Terms and any Supplemental Terms that we may communicate to you from time to time, such as terms from our licensors (collectively referred to as “Supplemental Terms”). These Supplemental Terms are incorporated into these Terms by reference. In the event of any conflict or inconsistency between these Terms and the Supplemental Terms, the latter shall govern.

Your License does not include the right to: (i) sell, resell, or commercially use the App or App Content; (ii) copy, reproduce, distribute, publicly perform, publicly display, retransmit, disseminate, sell, publish, broadcast, or circulate the App Content, whether in whole or in part, except as expressly permitted by us; (iii) modify the App Content, remove any proprietary notices or markings, or make any derivative uses of the App or App Content, except as expressly set forth in these Terms; (iv) use any data mining, robots, or similar data gathering or extraction methods; or (v) use the App or App Content except as expressly provided in these Terms.

All rights, title and interest in and to the App and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license herewithin.

Any use of the App or App Content not specifically authorized herein, without our prior written consent, is strictly prohibited and will terminate the License granted under these Terms. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App Content.

In addition, if you share any type of content generated with the help of AI via the App, it is prohibited to represent that such content is human-generated when it is not. For more details about the rules applicable to sharing of AI-based content see OpenAI Sharing & Publication Policy (https://openai.com/policies/sharing-publication-policy).

Do not upload, create, or share material that infringes another’s intellectual-property, privacy, or publicity rights. You may only submit third-party content if you have all necessary permissions, a valid license, or another lawful basis (e.g., an applicable exception or limitation such as fair use/fair dealing where permitted by law).

You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.

Moreover, you shall not make any attempts to use the App or part thereof for malicious intentions.

Also we are not responsible for the way you use the App.

It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.

VIII. AVAILABILITY OF THE APP, SECURITY AND ACCURACY

In order to use the App, you are required to have a compatible mobile phone and Internet access. The App is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 15.0 or later.

We do not warrant that the App will be compatible with all hardware and software which you may use. We make no warranty that your access to the App will be uninterrupted, timely or error-free.

You acknowledge the App is provided via the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control.

The version of the App may be upgraded from time to time to add support for new functions and services. We may change or update the App and anything described in it without noticing you. If the need arises, we may suspend access to the App, or close it indefinitely.

You also warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it actual at all times.

You can discontinue using our Services at any time by choosing the relevant option in your Apple ID Account Settings. If you decide not to use the App for any reason you should uninstall the App.

IX. CHARGES

The App is provided on a free basis with limited access. Upon downloading the App, you will have access to its basic features at no cost. Additional features ("Premium options") or extended access may require a paid subscription or in-app purchases.

The full list of Premium options and pricing are provided on the App’s page. Once your payment is successfully processed, you will be subscribed to the App on an auto-renewing basis. Please note that you will be charged automatically for each subscription period unless you cancel your subscription at least 24 hours before the next renewal date.

If you need assistance with refunds, please contact Apple Support directly. Apple manages all refund requests, and the refund process is handled by Apple according to their terms and conditions. You must go through Apple's process for refunds, as we do not have the ability to issue refunds directly. After canceling, you will still have access to the basic features of the App for the remainder of the current subscription period.

You can choose different subscription options. Prices for different subscription options are indicated in the Information section of the App’s page. Prices are in U.S. dollars and may vary in countries other than the U.S. You'll have all necessary information about your subscription plan on the pricing screen before the purchase. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.

Subscriptions auto-renew until canceled. Your Apple ID will be charged at confirmation of purchase and within 24 hours before each renewal unless auto-renew is turned off. Manage or cancel at any time in Settings › [your name] › Subscriptions on your device.

If a free trial is offered, it converts to a paid subscription unless canceled at least 24 hours before the trial ends. Any unused portion of a free trial is forfeited when you purchase a subscription.

Refunds are handled by Apple under its terms; please see Apple Support: https://support.apple.com/en-us/118428.

You may be charged by your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device, so you should check the terms of agreement with your operator. This may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have the permission from the person that does it before incurring any of these charges.

X. THIRD PARTY WEBSITES AND RESOURCES

The App may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.

You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

XI. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

XII. LIMITATION OF LIABILITY. INDEMNIFICATION

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY.

You also acknowledge and agree that your any use of the App and/or User Content is at your sole risk. You assume your full responsibility arising out of your use of the App and/or further sharing and distribution of User Content. In addition, you hereby agree to hold harmless and indemnify us, our successors, assigns, licensees, partners, affiliates, officers, directors, employees from and against any and all claims, liabilities, complaints, losses, expenses and damages of any kind or nature arising out of your use of the App, any use of User Content or out of your failure to comply with the terms of the present Agreement.

XIII. LEGAL COMPLIANCE

You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

XIV. THIRD PARTY BENEFICIARY

You acknowledge that Apple has no obligation to furnish any maintenance or support services for the App. To the extent any warranty applies and the App fails to conform, you may notify Apple and Apple will refund the purchase price (if any); Apple has no other warranty obligations. We, not Apple, are responsible for addressing any claims relating to the App or your possession and/or use of the App (including product-liability claims, non-conformity with legal or regulatory requirements, and claims arising under consumer protection or similar laws). In the event of any third-party claim that the App or your possession and use infringes that third party’s intellectual-property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of such claim.

You acknowledge and agree that Apple, and Apple’s subsidiaries are the third party beneficiaries of the present Agreement, and that upon your acceptance of the terms and conditions of the present Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third party beneficiary thereof.

XV. GOVERNING LAW AND CLAIMS

This Agreement is governed by the laws of the State of California, without regard to its conflict-of-laws rules. Exclusive jurisdiction and venue for any action arising out of or relating to this Agreement will be the state or federal courts located in Santa Clara County, California, and the parties consent to personal jurisdiction there.

We make no representations that the App is appropriate or available for use outside of the USA. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.

If you choose to access or use the App from or in locations outside of the United States, you are responsible for:

• Ensuring that what you are doing in that country is legal; and
• The consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations.

Class Action Waiver. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.

XVI. TERMINATION

We reserve the right to terminate this Agreement at any time at our sole discretion for any reason. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App.

XVII. SEVERABILITY

If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

XVIII. CONTACT INFORMATION

We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the App, please see our contact information below:

FEEDBACK

We appreciate your feedback on The Website. By submitting Feedback, you agree it becomes our exclusive property with all rights, including intellectual property rights. We can freely use and share your Feedback for any purpose without compensating you.

XIX. MISCELLANEOUS

These Terms constitute the entire agreement between you and us regarding The App, replacing any prior agreements. The English language version of these Terms prevails. Any waiver of rights must be in writing. If any provision is deemed invalid, the remaining provisions remain in effect.

© 2025 Vuzo. All rights reserved.