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IMPORTANT NOTICE:
THESE TERMS OF SERVICE CONTAIN AN ARBITRATION PROVISION IN SECTION 16 BELOW.
This Terms of Service Agreement ("Agreement") is entered into by and between Saboteur Digital LLC, a California limited liability company with its principal place of business at 1401 21st St, Ste R, Sacramento, CA 95811, USA ("Saboteur Digital" or "Company"), and the individual or entity accepting this Agreement ("User" or "You"). This Agreement is effective as of the date You accept these terms electronically ("Effective Date").
Saboteur Digital provides access to its software product Vizlings (the "Service"), available on the Apple App Store (iOS).
Features, functionality, and availability may vary by platform.
Vizlings is an AI-powered conversational application. These Terms govern all Users of the Service, including subscriptions, in-application purchases, and any other services offered by Saboteur Digital presently or in the future.
To utilize certain features of the Service, You must create an account ("Account"). By creating an Account, You represent and warrant that:
Our Service is not directed to children under the age of 13. You must be at least 13 years old to use the Service. Users under 18 represent that they have obtained parental or guardian consent. We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will delete that information.
All information You provide is truthful, accurate, and complete.
You will maintain and promptly update Your Account information to keep it accurate and complete.
You are responsible for maintaining the confidentiality of Your Account credentials.
You are solely responsible for all activities that occur under Your Account.
You agree to notify Saboteur Digital immediately of any unauthorized use of Your Account or any other breach of security.
You shall not share Your Account credentials with any third party.
You shall not use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
Your use of the Service is subject to Saboteur Digital's Privacy Policy, which is incorporated herein by reference. The Privacy Policy outlines how Saboteur Digital collects, uses, and protects Your personal information.
Vizlings is available exclusively through the Apple App Store. All subscriptions, in-app purchases, and additional credit purchases are processed exclusively through Apple's In-App Purchase system.
5.1.1 iOS App Store Supremacy Clause
If you access the Service through the Apple App Store, the iOS App Store Terms set forth below apply and supersede any conflicting provisions in this Agreement, including references to external payment processors, third-party refund policies, or external purchasing websites.
5.1.2 iOS App Store Terms
Merchant of Record: Purchases made through the iOS App are processed solely by Apple. Apple is the merchant of record for all such transactions.
Billing and Refunds: Apple manages billing, renewals, cancellations, and refunds in accordance with Apple's media services terms. Any requests for refunds or questions about billing must be directed to Apple Support, as Saboteur Digital does not have access to or control over these transactions.
Saboteur Digital does not have access to your full payment details for iOS purchases.
Apple is not a party to this Agreement and has no obligation to provide maintenance or support services.
Apple and its subsidiaries are third-party beneficiaries of this Agreement as it relates to the iOS App.
Saboteur Digital offers the following subscription plans:
Pro Plan
Price: $29.99 per month
Includes:
Full access to all Vizlings features
5,000 Vizlings Credits per month
Plus Plan
Price: $9.99 per month
Includes:
Access to Vizlings features
1,500 Vizlings Credits per month
Additional Vizlings Credits may be purchased at any time via in-app purchase through Apple's In-App Purchase system.
All payments are to be made in U.S. dollars.
Subscription fees are non-refundable except as provided by Apple's refund policy.
Vizlings Credits are a virtual currency used within the application for certain operations that utilize paid third-party services.
Credits have no cash value and are non-transferable.
Subscriptions include a monthly allotment of Credits as described in Section 5.2.
Additional Credits may be purchased via in-app purchase through Apple's In-App Purchase system.
Script Generation
Text-to-Speech
Texture Generation
Skybox Generation
Avatar Generation
The Service may integrate with third-party APIs or services, including but not limited to AI providers, streaming platforms, and voice assistants. By using these features, You agree to comply with their respective terms and privacy policies:
OpenAI: Privacy Policy
Google: Privacy Policy
ElevenLabs: Privacy Policy
Use of such features may be subject to additional third-party terms and privacy policies.
Saboteur Digital is not responsible for the availability, accuracy, or functionality of third-party services.
The AI-powered features of the Service are powered by third-party AI services, including but not limited to OpenAI, Google, and ElevenLabs. By using these features, you acknowledge that your inputs (such as text or voice data) will be transmitted to these third parties for processing to generate a response. Our handling and sharing of this data are governed by our Privacy Policy.
Data is collected in accordance with Saboteur Digital's Privacy Policy.
All content and features of the Service are the exclusive property of Saboteur Digital and its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with this Agreement. Unauthorized use of any Saboteur Digital intellectual property is strictly prohibited.
You agree not to:
Use the Service for any unlawful purpose.
Generate, transmit, or display any content that is obscene, defamatory, harassing, abusive, hateful, or promotes discrimination or violence against any individual or group.
Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission.
Interfere with or disrupt the integrity or performance of the Service.
Circumvent, disable, or interfere with security-related features.
We provide a mechanism for users to report objectionable content. If you encounter any content or behavior that violates these Terms, please report it immediately by emailing [email protected] with the subject line "Objectionable Content Report" and a description of the issue. We are committed to reviewing such reports and taking appropriate action in a timely manner, which may include removing the content or terminating the user's account. Saboteur Digital has no obligation to monitor user content and enforces these Terms at its sole discretion. Nothing herein shall be construed as creating a duty to police content.
You agree to comply with all applicable local, state, national, and international laws and regulations in connection with Your use of the Service.
You acknowledge and agree that the conversational and advisory aspects of the AI-powered features are provided for entertainment and informational purposes only.
FOR CLARITY, THIS DISCLAIMER RELATES SOLELY TO THE CONVERSATIONAL OR ADVISORY NATURE OF AI-GENERATED RESPONSES AND DOES NOT LIMIT OR RESTRICT LICENSED COMMERCIAL USE OF OUTPUTS GENERATED IN ACCORDANCE WITH YOUR SUBSCRIPTION OR LICENSE TIER.
No Professional Advice: The AI avatars are not human and cannot provide professional advice. Do not rely on the AI for medical, legal, financial, or other professional guidance.
Potential for Inaccurate or Offensive Content: AI-generated responses are not controlled by Saboteur Digital and may be inaccurate, inappropriate, or offensive. Saboteur Digital disclaims all liability for any content generated by the AI.
"AS IS" Basis: The AI features are provided "as is" without warranties of any kind regarding their accuracy, reliability, or suitability for any purpose.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SABOTEUR DIGITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SABOTEUR DIGITAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
ANY CONTENT OBTAINED FROM THE SERVICE;
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SABOTEUR DIGITAL EXCEED THE AMOUNT YOU PAID TO SABOTEUR DIGITAL IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend, and hold harmless Saboteur Digital LLC, its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
Your access to or use of the Service;
Your violation of this Agreement;
Your violation of any third-party right, including without limitation any intellectual property right or privacy right.
Saboteur Digital may terminate or suspend Your Account immediately for violations of this Agreement or where required by law. Termination of paid subscriptions shall be subject to applicable consumer protection laws and platform refund policies.
Upon termination, Your right to use the Service will immediately cease. All provisions of the Agreement which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL LIMIT OR WAIVE ANY CONSUMER RIGHTS THAT CANNOT BE WAIVED UNDER APPLICABLE LAW. IN JURISDICTIONS WHERE MANDATORY ARBITRATION OR CLASS ACTION WAIVERS ARE PROHIBITED OR RESTRICTED, SUCH PROVISIONS SHALL APPLY ONLY TO THE EXTENT PERMITTED BY LAW.
Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration in Sacramento County, California, in accordance with the rules of the American Arbitration Association ("AAA").
You agree that any arbitration or proceeding shall be limited to the dispute between Saboteur Digital and You individually. You acknowledge and agree that:
No arbitration shall be joined with any other;
There is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures;
There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Saboteur Digital may provide notifications to You as required by law or for marketing or other purposes via email or posting on the Service.
By using the Service, You consent to receive electronic communications from Saboteur Digital. You agree that any notices, agreements, disclosures, or other communications that Saboteur Digital sends to You electronically satisfy any legal communication requirements.
For any questions regarding this Agreement, You may contact Saboteur Digital at:
Saboteur Digital LLC
1401 21st St, Ste R
Sacramento, CA 95811, USA
Email: [email protected]
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
You may not assign or transfer any rights or obligations under this Agreement without prior written consent from Saboteur Digital. Saboteur Digital may assign or transfer its rights and obligations under this Agreement without restriction.
This Agreement constitutes the entire agreement between You and Saboteur Digital regarding the Service and supersedes all prior agreements and understandings, whether written or oral.
Saboteur Digital shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Saboteur Digital's reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Saboteur Digital's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
By clicking "I Agree," creating an Account, or by accessing or using the Service, You acknowledge that You have read, understood, and agree to be bound by this Agreement.