Terms and Conditions of Virario

Last updated: November 16, 2024

1. Introduction

Welcome to Virario! By using our AI-powered video and image generation app, you agree to comply with and be bound by these Terms and Conditions ("Terms") and the End User License Agreement (EULA) included herein.

2. Service Description

Virario is an AI-powered application that allows users to generate videos and images using artificial intelligence technology. Users can:

Purchase credits to generate AI-powered videos and images
Upload images, videos, or provide text prompts for AI processing
Generate personalized content using third-party AI providers
Access various creative tools and features

3. Credit System and Purchases

3.1 Credit-Based System

Virario operates on a credit-based system where users purchase credits to generate AI content. Each generation request consumes a specific number of credits based on the complexity and type of content being generated.

3.2 Credit Purchases

Credits can be purchased through in-app purchases via the App Store or Google Play Store
All purchases are processed through the respective platform's payment system
Prices and credit packages may vary and are subject to change
All sales are final, subject to the refund policy outlined below

3.3 Credit Usage and Refund Policy

Successful Generations: Credits used for successful AI generations (completed videos/images) are non-refundable
Failed Generations: Credits will be automatically refunded to your account if a generation fails due to technical errors or system issues
Processing Errors: If your content fails to process due to our system errors, the consumed credits will be restored to your account
User-Initiated Cancellations: Credits consumed for generations that are cancelled by the user after processing has begun are non-refundable

4. Third-Party AI Processing

4.1 AI Service Providers

Virario uses third-party AI service providers, specifically OpenAI and Google, to process your content and generate videos/images using their AI models for inference. By using our service, you acknowledge and agree that:

Your uploaded media and prompts will be processed by OpenAI and Google's AI services
OpenAI and Google have their own data handling practices and privacy policies
We recommend reviewing OpenAI's Privacy Policy and Google's Privacy Policy directly
We cannot guarantee or control how OpenAI or Google handle your data during processing

4.2 Content Processing

Uploaded images, videos, and text prompts are transmitted to OpenAI and Google's AI processing services
Processing occurs automatically to fulfill your generation request using their AI models for inference
Virario does not store your content permanently - generated content is delivered directly to your device
Generated content may automatically sync to your iCloud account based on your device settings
OpenAI and Google may have their own data retention and handling practices
All processing by Virario complies with our Privacy Policy

5. Data Collection and Usage

5.1 User Consent

Virario collects user data, including uploaded media and generation requests, for the purpose of providing AI generation services. User consent is required for all data collection activities as outlined in our Privacy Policy.

5.2 Purpose of Data Collection

Data collected through the app is used exclusively to:

Process AI generation requests
Improve service quality and performance
Provide customer support
Analyze usage patterns (anonymized)

5.3 Media Access Permissions

Camera Access: "Virario requires access to your camera to capture photos and videos for AI generation. The media will be processed to create personalized AI-generated content."

Photo Library Access: "Virario requires access to your photo library to select images and videos for AI processing and to save generated content."

5.4 Withdrawal of Consent

Users can withdraw consent at any time by:

Disabling permissions in device settings
Contacting support to delete account data
Using in-app privacy controls

6. Compliance with Privacy Laws

6.1 GDPR and Privacy Compliance

Virario complies with GDPR, CCPA, and similar privacy statutes. All data collection activities are performed with user consent, and users have the right to:

Access their personal data
Modify or correct their data
Delete their data and account
Port their data to another service

6.2 Data Protection

For any data privacy concerns, contact us at virario.help@gmail.com.

7. Paid Functionality

7.1 Independence from Data Access

Paid functionalities in Virario (credit purchases and premium features) are not dependent on granting access to device data. Users can purchase and use credits without enabling camera or photo library access, though this may limit functionality.

7.2 In-App Purchases

All purchases are processed through Apple App Store or Google Play Store
Pricing is displayed in your local currency
Payment is charged to your App Store or Google Play account
Subscriptions (if applicable) auto-renew unless cancelled

8. Content and Intellectual Property

8.1 User-Generated Content

You retain ownership of content you upload to Virario
You grant Virario a limited license to process your content for generation purposes only
Virario does not store your uploaded photos, videos, or generated content on our servers
Generated content using your uploaded media belongs to you and is delivered directly to your device
Generated content may automatically sync to your iCloud account based on your device settings (controlled by Apple, not Virario)
You are responsible for ensuring you have rights to any uploaded content

8.2 Virario Intellectual Property

All rights, title, and interest in the Virario app and technology are owned by Virario
You may not reverse engineer, copy, or distribute our proprietary technology
Our AI models, algorithms, and software are protected by intellectual property laws

8.3 Prohibited Content

You may not upload or generate content that:

Violates any laws or regulations
Infringes on others' intellectual property rights
Contains harmful, offensive, or inappropriate material
Depicts illegal activities or violence
Violates platform policies or community guidelines

9. User Responsibilities

9.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials
You are responsible for all activity under your account
Notify us immediately of any unauthorized account access

9.2 Acceptable Use

You agree to:

Use Virario only for lawful purposes
Comply with all applicable laws and regulations
Respect others' rights and privacy
Not attempt to disrupt or compromise our services
Not use automated systems to access our services without permission

10. Delivery and Distribution

10.1 App Distribution

All apps, updates, and metadata are delivered through Apple App Store and Google Play Store
Distribution follows platform-specific guidelines and requirements

10.2 Platform Fees

Apple and Google handle tax collection and retain commissions on app sales
Platform-specific subscription rules apply to any recurring billing

11. Service Availability and Modifications

11.1 Service Availability

We strive to maintain service availability but cannot guarantee uninterrupted access
Maintenance, updates, or technical issues may temporarily affect service
We reserve the right to modify or discontinue features with reasonable notice

11.2 Updates and Changes

We may update the app to improve functionality, security, or compliance
Continued use after updates constitutes acceptance of changes
Major changes to terms will be communicated to users

12. Termination

12.1 Termination by User

You may terminate your account at any time through app settings
Unused credits may be forfeited upon account termination
Since we don't store your content on our servers, your generated content remains on your device and iCloud account (if synced)

12.2 Termination by Virario

We may suspend or terminate access for:

Violations of these Terms
Illegal or harmful use of our services
Protection of our service and other users
Extended periods of inactivity

13. Disclaimers and Warranties

13.1 Service Disclaimer

The Virario service is provided "as is" and "as available" without warranties of any kind, to the extent permitted by law. We do not guarantee:

Uninterrupted or error-free service
Specific quality or accuracy of AI-generated content
Compatibility with all devices or operating systems

13.2 AI Generation Disclaimer

AI-generated content may not always meet expectations
Results can vary based on input quality and AI model limitations
We do not guarantee specific outcomes or quality levels

14. Limitation of Liability

To the extent permitted by law, Virario shall not be liable for:

Indirect, incidental, special, or consequential damages
Loss of profits, data, or business opportunities
Damages arising from OpenAI or Google's AI processing services or their data handling practices
User-generated content or its consequences
Actions or data handling practices of OpenAI or Google

Our total liability shall not exceed the amount paid by you for credits in the 12 months preceding the claim.

15. Governing Law and Disputes

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the United States and the State of California.

15.2 Dispute Resolution

Any disputes arising from these Terms or use of Virario shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

16. Changes to Terms

We may update these Terms from time to time to reflect:

Changes in our services or features
Legal or regulatory requirements
Industry best practices

Significant changes will be communicated through:

In-app notifications
Email notifications (if provided)
Updated effective date

Continued use after changes constitutes acceptance of the updated Terms.

17. Contact Information

For any questions, concerns, or support regarding these Terms, please contact us at:

Email: virario.help@gmail.com

End User License Agreement (EULA) for Virario

1. License Grant

Virario grants you a non-exclusive, non-transferable, revocable license to use the app for personal, non-commercial purposes in accordance with this EULA and the Terms and Conditions above.

2. Permitted Uses

You may use Virario to:

Generate AI-powered videos and images for personal use
Upload and process your own media content
Purchase and use credits for generation services
Access app features and functionality

3. Restrictions

You agree not to:

Reverse engineer, decompile, or disassemble the app
Use the app for any unlawful purpose or commercial exploitation
Attempt to circumvent security measures or access controls
Share, distribute, or resell your account access
Use automated systems to access the service without permission
Upload content that violates our content policies

4. Ownership and Intellectual Property

4.1 Virario Ownership

All rights, title, and interest in and to the Virario app, including all intellectual property rights, algorithms, and proprietary technology, are owned by Virario.

4.2 User Content Rights

You retain ownership of content you upload
Generated content using your media belongs to you
You grant Virario necessary rights to process and generate content

5. Data Collection and Processing

5.1 User Consent

Virario collects and processes user data, including uploaded media and generation requests, for the purpose of providing AI generation services. User consent is required for all data collection activities.

5.2 Purpose of Data Collection

Data is collected and used exclusively to:

Process AI generation requests through third-party providers
Provide and improve our services
Ensure service security and functionality

5.3 Third-Party Processing

Your content will be processed by OpenAI and Google for AI inference, who:

Have their own data handling practices and privacy policies
May process your data according to their own terms and conditions
Operate independently from Virario's data handling practices
Are established AI providers with their own privacy commitments

5.4 Data Rights

Users have the right to:

Access their personal data
Modify or delete their data
Withdraw consent for data processing
Request data portability

6. Privacy and Security

6.1 Privacy Compliance

Virario complies with GDPR, CCPA, and similar privacy statutes. All data processing activities are performed with appropriate legal basis and user consent.

6.2 Data Protection Officer

For any data privacy concerns, contact us at virario.help@gmail.com.

7. Credit System and Payments

7.1 Credit Purchases

Credits are purchased through platform app stores (Apple App Store, Google Play)
All transactions are processed by the respective platform
Credits are non-transferable and non-refundable except as specified in our refund policy

7.2 Refund Policy

Credits used for successful generations are non-refundable
Credits will be refunded for failed generations due to technical errors
Platform-specific refund policies may also apply

8. Service Availability

8.1 Platform Distribution

The app is distributed through Apple App Store and Google Play Store
All updates and metadata are delivered through prescribed platform methods
Platform-specific rules and commissions apply

8.2 Service Modifications

We reserve the right to:

Modify or update app features
Adjust credit pricing and packages
Implement new security measures
Discontinue features with reasonable notice

9. Termination

9.1 Automatic Termination

This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice if you fail to comply with any terms.

9.2 Effect of Termination

Upon termination:

Your license to use the app ends immediately
You must cease all use of the app
Unused credits may be forfeited
Since we don't store content on our servers, your generated content remains on your device and iCloud account (if synced)

10. Disclaimer of Warranties

The app is provided "as is" without warranties of any kind, including but not limited to:

Merchantability or fitness for a particular purpose
Uninterrupted or error-free operation
Specific quality of AI-generated content
Compatibility with all devices

11. Limitation of Liability

Virario shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the app, including but not limited to:

Loss of data or generated content
Business interruption or lost profits
OpenAI or Google AI processing issues or their data handling practices
Platform-related payment problems
Actions or policies of OpenAI or Google

12. Governing Law

This EULA is governed by and construed in accordance with the laws of the United States and the State of California, without regard to conflict of law principles.

13. Severability

If any provision of this EULA is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

14. Contact Information

For any questions or concerns regarding this EULA, please contact us at:

Email: virario.help@gmail.com

By using Virario, you acknowledge that you have read and understood these Terms and Conditions and EULA, and agree to be bound by their terms.