Terms of Service

Please read these Terms of Service (the “Agreement” or “Terms”) carefully before using the services offered by Visko Platform, Inc. (the “Company,” “Visko,” “we,” “us,” or “our”).

By visiting visko.ai or its subdomains, accessing an associated mobile or desktop application, using a Visko model, demonstration, API, account, upload, output, tool, feature, or other service (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not unconditionally agree to these Terms, you may not access or use the Services. Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, store, share, and protect personal information and User Content.

1. Definitions

• “Services” means visko.ai, its subdomains, associated mobile or desktop applications, Visko models, demonstrations, APIs, accounts, uploads, generated outputs, and all related content, tools, features, and services provided by Visko Platform, Inc.
• “Company” means Visko Platform, Inc., a Delaware corporation located at 880 W Maude Ave, Sunnyvale, CA 94085, United States.
• “User,” “you,” or “your” means the individual or legal entity accessing or using the Services.
• “Content” means text, graphics, images, audio, video, data, AI-generated output, or other material generated, provided, or made accessible through the Services.
• “User Content” means prompts, instructions, scripts, files, images, videos, audio, likenesses, voice samples, personal data, feedback, or other material you submit, upload, input, or otherwise provide through the Services.
• “Outputs” means content generated, modified, or returned by the Services in response to User Content or your use of the Services.

2. User Eligibility

The Services are not intended for children. Visko does not knowingly collect or solicit personal information from anyone under the age of 18. If you are under 18, do not register for or use the Services or send us personal information.

You represent and warrant that you are legally able to form a binding contract, are not prohibited by law from accessing or using the Services, and will provide and maintain accurate registration information. These Terms are void where prohibited by law, and the right to access the Services is revoked in those jurisdictions.

2.1 User Responsibility

You are solely responsible for your use of the Services, including all User Content and Outputs you create, submit, upload, request, generate, edit, possess, publish, distribute, commercialize, or otherwise use.

You represent and warrant that:

1. Your use of the Services, User Content, and Outputs will comply with all applicable laws, regulations, industry rules, and these Terms.
2. You own, control, or have obtained all rights, licenses, permissions, notices, releases, and consents necessary for your User Content and your generation, editing, reproduction, publication, distribution, or commercial exploitation of Outputs.
3. Your User Content and use of Outputs will not violate another person’s intellectual-property, privacy, publicity, contractual, employment, union, guild, confidentiality, or other rights.
4. You will not use the Services to create, facilitate, promote, possess, or distribute unlawful, fraudulent, defamatory, harassing, abusive, threatening, hateful, discriminatory, obscene, exploitative, privacy-invasive, deceptive, or otherwise harmful material.
5. If your use involves an identifiable person’s image, likeness, face, voice, performance, or personal data, you have obtained all legally required rights, notices, permissions, releases, and consents from that person.

Visko does not endorse, verify, or assume responsibility for User Content or Outputs or for how they are used. The fact that material is generated, modified, stored, transmitted, or made available through the Services does not mean Visko approves of it or accepts legal responsibility for it.

We reserve the right, but not the obligation, to investigate, monitor, review, refuse, block, or remove content; limit access to features; suspend or terminate accounts; preserve evidence; and report conduct to law enforcement or other authorities when we believe a user has violated these Terms or used the Services in an unlawful, unauthorized, or harmful manner.

3. Subscriptions and Payments

3.1 Subscription Period

Some Services are available only with a paid subscription. You will be billed in advance on a recurring basis, monthly or yearly depending on the plan you select.

At the end of each subscription period, your subscription will automatically renew under the same conditions unless you or Visko cancel it before the renewal date. You authorize us to charge your payment method for each renewal fee unless the subscription is canceled before that date.

3.2 Subscription Cancellations

You may cancel a subscription renewal through your account dashboard or by contacting us at [email protected]. Unless applicable law requires otherwise, you will not receive a refund for fees already paid for the current subscription period, and you may continue to access the applicable Service until that period ends.

3.3 Billing

You must provide accurate and complete billing information, including your name, address, telephone number, and a valid payment method. If automatic billing fails, we may issue an electronic invoice requiring manual payment of the amount due by the deadline stated in the invoice.

3.4 Fee Changes

Visko may modify subscription fees at any time. A fee change will become effective at the end of the then-current subscription period. We will provide reasonable prior notice so you may cancel before the change takes effect. Continued use after the change takes effect constitutes your agreement to pay the modified fee.

3.5 Payments

Payments may be made using a valid credit card, debit card, or another payment method we make available, subject to validation and authorization by the issuer or processor. If authorization is not received, Visko is not liable for resulting delay or non-delivery. You represent that you have the legal right to use the payment method you provide and that the supplied information is accurate and complete.

3.6 Refunds

Except where required by law or expressly stated in these Terms, paid subscription fees are non-refundable.

4. User Accounts

When you create an account, you must provide information that is accurate, complete, and current. Failure to do so is a breach of these Terms and may result in termination of your account.

You are responsible for safeguarding your account credentials and for activity performed through your account. Do not disclose your password or access credentials to any third party. Notify us immediately at [email protected] if you become aware of unauthorized use or a security breach.

We generally permit one account per user. We may restrict or terminate access if you create multiple accounts to circumvent access controls, usage limits, eligibility requirements, or enforcement actions, or otherwise violate our fair-usage rules.

5. Intellectual Property

5.1 Visko Content

The Services and their original content, features, functionality, models, software, and technology, excluding User Content, are and will remain the exclusive property of Visko and its licensors. They are protected by copyright, trademark, patent, trade-secret, and other laws of the United States and other countries. Visko trademarks and trade dress may not be used without our prior written consent.

Subject to these Terms, Visko grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Services. This right terminates when your account is suspended, deleted, or terminated; your paid access expires; these Terms terminate; or you breach these Terms. Except as expressly provided, no intellectual-property rights in the Services are transferred to you.

5.2 User Content

As between you and Visko, you retain your rights in User Content you create and submit, subject to the licenses granted in these Terms and any rights held by others.

5.3 License Grant to Visko

By submitting User Content through the Services, you grant Visko and those we work with a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, and irrevocable license to copy, store, host, reproduce, use, modify, transmit, distribute, and display that User Content to:

1. Provide, maintain, secure, and operate the Services.
2. Administer, evaluate, and improve the Services and the algorithms and AI models underlying them.
3. Enforce these Terms and applicable law, investigate abuse, and protect Visko, our users, and others.
4. Collect and analyze anonymized information and aggregated data.

Sublicensing under this section is limited to affiliates and service providers that assist us in providing the Services. The license may continue for a commercially reasonable period after you delete User Content or close your account to allow for backups, security, dispute resolution, and legal compliance.

5.4 Feedback

If you provide feedback, comments, ideas, or suggestions regarding the Services, you grant Visko a worldwide, royalty-free, perpetual, irrevocable, sublicensable right to use, copy, modify, commercialize, and otherwise exploit that feedback for any purpose without restriction or compensation.

5.5 AI Model Training and Data Usage

We may use anonymized and aggregated User Content to train, evaluate, and improve our AI models unless you opt out as described below. When User Content is used for training:

1. We will take steps to remove personally identifiable information.
2. We will aggregate it with content from other users.
3. We will design resulting models so they are not intended to enable reconstruction of your original User Content.
4. We will not sell your User Content to third parties for their independent use.

You may opt out of future use of your User Content for AI training by contacting [email protected]. An opt-out does not affect User Content already incorporated into models before we process your request. Historical model improvements will remain in effect, but future User Content associated with your request will not be used for training.

5.6 Likeness, Voice, and Performance Rights

If you upload or use a photo, video, voice recording, facial data, performance, or other material relating to an identifiable person, you represent and warrant that you have obtained all rights, permissions, releases, notices, and consents necessary for Visko to process that material and provide the requested Services. You further represent that your use will not violate publicity, privacy, copyright, contractual, employment, union, guild, confidentiality, or other proprietary rights.

6. Content Restrictions and Acceptable Use

You may not use the Services for an illegal purpose or in a way prohibited by these Terms. You are responsible for all activity associated with your account and may not permit another person to use the Services in violation of these rules.

6.1 Sexual Content and Exploitation

You may not use the Services to create, request, upload, edit, facilitate, promote, possess, or distribute:

• Sexually explicit or pornographic content.
• Child sexual abuse material, the sexualization of minors or persons presented as minors, grooming, sexual exploitation, or trafficking.
• Non-consensual intimate content, sexual deepfakes, voyeuristic content, or material depicting or facilitating sexual violence.
• Content that sexualizes an identifiable person without that person’s legally valid consent.

Lawful, non-explicit material with a bona fide medical, educational, documentary, artistic, or newsworthy purpose may be permitted at Visko’s discretion, provided it does not exploit, endanger, or violate the rights of any person.

6.2 Political Content and Civic Integrity

You may not use the Services to:

• Interfere with an election or civic process, suppress voting, misrepresent voting requirements or procedures, or facilitate unlawful campaign activity.
• Create or distribute deceptive political impersonations or synthetic media that falsely presents a candidate, elected official, public figure, or other person as saying or doing something they did not say or do.
• Conduct targeted political persuasion, influence, advertising, or profiling based on personal data, inferred sensitive traits, or protected characteristics.
• Facilitate coordinated deception, fraudulent grassroots activity, or intentionally false claims about election administration or results.

Lawful neutral political information, analysis, education, news reporting, and clearly contextualized parody or satire may be permitted when it is not deceptive, targeted, or otherwise prohibited by these Terms.

6.3 Intellectual Property and Personal Rights

You may not use the Services to create, upload, request, or distribute material that infringes or misappropriates a copyright, trademark, patent, trade secret, right of publicity, likeness right, contractual restriction, or other proprietary right. You must own the material you provide or have all licenses, permissions, releases, and consents necessary for Visko to process it and for your intended use of the resulting Output.

6.4 Other Prohibited Uses

You may not:

• Generate or transmit unlawful, fraudulent, defamatory, discriminatory, threatening, hateful, obscene, exploitative, or otherwise harmful Content.
• Impersonate another person or entity, including Visko or its personnel, or misrepresent the source or authenticity of Content.
• Submit another person’s private or personal information without authorization.
• Create or facilitate scams, misinformation intended to cause harm, terrorism, violence, illegal drug activity, unlawful gambling, or other illegal conduct.
• Introduce viruses, worms, malware, Trojan horses, or other malicious or technologically harmful code.
• Decompile, reverse engineer, disassemble, or attempt to obtain the source code, model weights, system prompts, or non-public components of the Services except where applicable law expressly permits it.
• Use robots, scrapers, or other automated means to access the Services in violation of posted technical restrictions or interfere with the proper operation of the Services.
• Bypass or attempt to bypass safety systems, rate limits, access restrictions, content filters, or other protective measures.
• Resell, rent, lease, transfer, or share access to your account without our written authorization.

Visko may use automated systems and, where appropriate, human review to assess compliance. We reserve the right, but not the obligation, to refuse or stop a generation, remove or restrict Content, limit a feature, suspend or terminate access, preserve relevant records, and report potentially unlawful activity to appropriate authorities.

You remain solely responsible for prohibited User Content, Outputs, and downstream uses. To the maximum extent permitted by law, Visko is not responsible or liable for your creation, possession, publication, distribution, or use of material that violates these Terms, applicable law, or another person’s rights. Nothing in these Terms excludes liability or rights that cannot lawfully be excluded.

7. Copyright Policy (DMCA)

We respect the intellectual-property rights of others and respond to valid infringement notices.

Copyright owners or authorized agents may send a written notice to [email protected] with the subject line DMCA Takedown Notice.

The notice must identify the protected work and the allegedly infringing material with enough detail for us to locate it; provide the claimant's name, address, telephone number, and email address; include a good-faith statement that the disputed use is not authorized by the owner, its agent, or the law; state under penalty of perjury that the notice is accurate and that the sender is authorized to act; and include the authorized person's physical or electronic signature. We also maintain a process for valid counter-notices.

8. Links to Other Websites

The Services may link to third-party websites or services that Visko does not own or control. Visko does not control or assume responsibility for their content, privacy policies, products, services, or practices. You acknowledge that Visko is not directly or indirectly responsible for damage or loss allegedly caused by use of or reliance on a third party. Review the terms and privacy policies of each third-party service you use.

9. Termination

We may suspend or terminate your account or access immediately, without prior notice or liability, including when you breach these Terms. You may terminate your account by discontinuing use or contacting [email protected].

Upon termination, your right to use the Services ends immediately. Provisions that by their nature should survive termination will survive, including ownership, licenses, payment obligations, warranty disclaimers, indemnity, and limitations of liability.

10. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Visko, its affiliates, directors, officers, employees, contractors, agents, suppliers, and licensors from claims, demands, damages, losses, judgments, penalties, fines, liabilities, settlements, costs, and expenses, including reasonable attorneys' fees, arising from or related to your access to or use of the Services, User Content, Outputs, downstream use of Outputs, violation of these Terms or applicable law, or infringement or violation of another person's rights.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR COURSE OF PERFORMANCE.

VISKO AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR AVAILABLE AT A PARTICULAR TIME OR LOCATION; THAT ERRORS OR DEFECTS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT RESULTS WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

THE SERVICES USE ARTIFICIAL INTELLIGENCE AND MACHINE-LEARNING TECHNOLOGIES. AI-GENERATED CONTENT MAY CONTAIN ERRORS, INACCURACIES, OR BIASES. OUTPUTS ARE NOT PROFESSIONAL LEGAL, MEDICAL, FINANCIAL, EMPLOYMENT, OR OTHER ADVICE. YOU MUST INDEPENDENTLY REVIEW, VERIFY, AND EVALUATE OUTPUTS BEFORE USE AND MUST NOT RELY SOLELY ON THEM FOR IMPORTANT DECISIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISKO IS NOT LIABLE FOR DECISIONS OR ACTIONS BASED ON OUTPUTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VISKO AND ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES; THIRD-PARTY CONDUCT OR CONTENT; CONTENT OR OUTPUTS OBTAINED THROUGH THE SERVICES; OR UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, REGARDLESS OF THE LEGAL THEORY AND WHETHER OR NOT VISKO WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VISKO'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID VISKO FOR THE SERVICES DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR FIFTY U.S. DOLLARS (USD $50).

The exclusions and limitations in these Terms do not apply to liability or rights that cannot be excluded or limited under applicable law.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules, except to the extent mandatory law in your jurisdiction applies.

14. Dispute Resolution

Before beginning a formal proceeding, you agree to attempt to resolve any concern or dispute informally by contacting [email protected].

If a dispute is not resolved informally, the parties agree that it will be finally settled by binding arbitration in Newark, Delaware, administered by the American Arbitration Association under its then-current applicable rules, except where applicable law prohibits this requirement.

You and Visko agree to bring claims only in an individual capacity and not as a plaintiff or class member in a class, collective, representative, multiple-plaintiff, or similar proceeding, except where applicable law provides otherwise.

15. Terms for Specific Jurisdictions

15.1 European Consumers

If you are a consumer in the European Union or another jurisdiction with mandatory consumer protections, you retain the benefit of any provisions of the law of your country of residence that cannot be waived by contract.

15.2 United States Legal Compliance

You represent and warrant that you are not located in a country subject to a comprehensive United States government embargo or designated by the United States government as supporting terrorism, and that you are not listed on a United States government list of prohibited or restricted parties.

15.3 AI Regulations

Laws regulating artificial intelligence continue to evolve. We may update the Services and these Terms to address requirements involving automated decision-making, algorithmic transparency, provenance, and disclosure of AI-generated content.

16. General Terms

16.1 Severability

If a provision of these Terms is held invalid or unenforceable, it will be interpreted or modified to accomplish its objectives to the greatest extent permitted, and the remaining provisions will remain in effect.

16.2 Waiver

A failure to exercise a right or require performance does not waive that right or obligation. A waiver of one breach does not waive a later breach.

16.3 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. Visko may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

16.4 Translation

If these Terms are translated, the original English text will control to the extent permitted by applicable law.

16.5 Entire Agreement

These Terms and the Privacy Policy, together with any service-specific terms presented to you, constitute the entire agreement between you and Visko concerning the Services and supersede prior agreements concerning the same subject matter.

17. Changes to These Terms

We may modify or replace these Terms. If a revision is material, we will make reasonable efforts to provide at least 15 days' notice before the new terms take effect, including by posting a notice through the Services or sending notice to the email address associated with your account. What constitutes a material change will be determined based on reasonable business and legal considerations.

By continuing to access or use the Services after revised Terms become effective, you agree to the revisions. If you do not agree, stop using the Services.

18. Contact Us

Questions about these Terms may be sent to:

• Email: [email protected]
• Mail: Visko Platform, Inc., 880 W Maude Ave, Sunnyvale, CA 94085, United States