Terms of Service

LAST UPDATED ON: 26rd AUG, 2024

Welcome to Media.Io.(“Platform”).

These Terms of Service (“Terms”) is between the user of the Service (hereinafter referred to as “You” or “Your”) and AI Intelligent Technology Co., Limited ( the "Company", "We", or "Us"). For purposes of the Terms, the “Service” mean you may access and use the Platform and our related Service, Platforms, websites, software and/or content. Our Service is generally provided for private, non-commercial use (except for the commercial-use Service expressly provided under these Terms).

The Platform includes the software Platforms deployed on the desktop ("Media.io Desktop version"), the official Media.io official website ("Media.io Web version"), and Media.io service in other forms. The version of the Platform may differ for factors such as the jurisdiction from which you access the Platform and the device you use. The Service, in full or in part, may not be available in all jurisdictions, for all devices or in all languages. You should obtain, download, and install the appropriate version according to the actual device conditions of your jurisdiction. Access to the Platform and the acquisition of Service may be facilitated through software applications pre-installed in hardware devices or obtained from third-party platforms authorized by us, and/or by visiting the official Media.io websites. Any unofficial versions of Media.io obtained through other platforms or websites are unauthorized by us, and we disclaim any responsibility for their content. Consequently, should any losses be incurred, we shall not be held liable; instead, the user shall be solely responsible for any damages sustained.

IMPORTANT: MEDIA.IO'S PRIVACY POLICY EXPLAINS HOW WE COLLECT, TREAT YOUR PERSONAL DATA AND PROTECT YOUR PRIVACY WHEN YOU USE OUR SOFTWARE AND SERVICE. BY USING OUR SOFTWARE AND SERVICE, YOU AGREE THAT MEDIA.IO CAN USE SUCH DATA IN ACCORDANCE WITH OUR PRIVACY POLICY. YOU ALSO AGREE TO BE BOUND BY THE PRIVACY POLICY OR PRIVACY NOTICE PUBLISHED BY US ON ITS WEBSITE. BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE, DOCUMENTATION, SERVICE (collectively "SERVICE"), YOU ALSO AGREE TO BE BOUND BY THE FOLLOWING TERMS.

These Terms form a legally binding contract between you and us. Please take the time to read them carefully. Top attention should be paid to such clauses including but not limited to Article 4, 7, 8, 9, 10, 11. If you disagree with or have any questions concerning this Terms of Service, please contact Media.io. Any installing, copying, accessing, or using the Service by you constitutes an acceptance of, and a promise to comply with, all the terms and conditions of Terms of Service.

TERMS AND CONDITIONS:

1. Accepting these Terms

By accessing or using our Service, you confirm that you can form a binding contract with Company, that you accept these Terms (including any additional terms appended hereto) and that you agree to comply with them. Your access to and use of our Service are also subject to our Privacy Policy, the terms of which can be found directly on the Platform, or where the Platform is made available for download, and such terms are incorporated herein by reference. You may also be subject to additional terms and policies for your access or use of certain new features of the Platform, certain Service and/or your access or use of certain content for commercial purposes (if permitted). Such additional terms and policies shall form part of these Terms.

2. Changes to these Terms

Subject to periodic review and potential amendment, we reserve the right to modify these Terms of Service by updating the content presented on this page. In the event of any modifications, we shall make every effort to provide prior notification of such changes to the email address you have previously supplied to us, should you have made it available.

Every time you wish to use our service, please check these terms to ensure you understand the terms that apply at that time. The date marking the most recent revision of these Terms is prominently displayed at the commencement of this document.

3. Changes to our Service

We may update our Service from time to time, and may change their content at any time, including (but not limited) to reflect changes to our software/service, our users’ needs and our business priorities.

However, please note that we are under no obligation to update any content on our Service which may be out of date at any given time.

4. Access to and Use of our Service

Your access to and use of the Service is subject to these Terms and all applicable laws and regulations. You agree to use the Service only for purposes expressly permitted under these Terms. You may not:

  • 1) access or use the Service if you are not fully able and legally competent to agree to these Terms or if your parent or legal guardian does not consent to your use of the Service, or if you are not authorized to use the Service by the business or entity that you represent;

  • 2) take or attempt to take any of the following actions: copy, decipher, modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative works based on, the Service, including any files, tables or documentation (or any portion thereof) (except as expressly permitted under these Terms) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Service or any derivative works thereof;

  • 3) modify or remove any copyright, trademark, service mark, trade name, logo, image, or other proprietary notices or marks displayed on or through the Service;

  • 4) distribute, license, transfer, or sell, in whole or in part, any of the Service or any derivative works thereof or use the Service or any derivative works thereof in a manner which is not authorized by us;

  • 5) interfere with or attempt to interfere with the proper working of the Service, disrupt our website or any networks connected to the Service, or circumvent or bypass any measures we may use to prevent or restrict access to the Service;

  • 6) incorporate the Service into any other program or product, or incorporate any content of the Service into any other program or product except as expressly permitted under these Terms;

  • 7) utilize the Service in activities that violate international export control regulations;

  • 8) use automated scripts or other technologies to collect information from or otherwise interact with the Service;

  • 9) use the Service to upload, transmit, distribute, store or otherwise make available in any way computer codes (including malware or software), files or content that contain viruses, Trojans, worms, spyware, adware, key loggers, logic bombs or any other material that is malicious, technologically harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorized disclosure or destruction or corruption of data ("Harmful Code");

  • 10) use the Service in a manner that violates or infringes on any third party's rights of publicity, privacy, copyright, trademark, or other intellectual property rights or other rights;

  • 11) use the Service to troll, bully, harass, intimidate, cause distress to, threaten, hurt, embarrass, upset, defame, provoke or antagonize any other person;

  • 12) use the Service to communicate or make available any material or content which (i) is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; (ii) would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; (iii) is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; (iv) contains a threat of any kind, including threats of physical violence; or (v) is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;

  • 13) or engage in any other conduct which restricts or inhibits any person from using or enjoying the Service, or which, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason. Some of the reasons we may remove or disable access to content may include finding the content which is objectionable, or in violation of these Terms, or is otherwise harmful to the Service or our users. If you violate these Terms or applicable laws, we may suspend or terminate your access to the Service at any time with or without notice. You acknowledge that your violation of these Terms or applicable laws may result in civil, criminal or other liabilities. We reserve the right to report your violation to law enforcement authorities and take other remedies available to us.

5. Your Account

To use our service, we may require you to create a user account. You shall provide us with the information we require in a complete and truthful manner. If you choose, or you are provided with, a user identification code or similar as part of our registration and security procedures, you must treat such information as confidential. You are responsible for keeping your log-in details confidential and safe. You must not disclose these information to any third party.

By registering an account, you acknowledge and accept that an account registered by a bot or any other automated method is not permitted, that you are only allowed to register one account and that your account cannot be shared with any other person.

We have the right to suspend and/or terminate your access to your account and/or disable any user identification code, whether chosen by you or allocated by us, at any time, if:

  • i. in our opinion you have failed to comply with any of the provisions of these terms or any additional terms which apply to you (including those referred to at Article 4 above); or

    • your use of our Service may be in contravention of or cause a contravention of applicable laws; or
    • your use of our Service is, in our opinion, inappropriate, offensive or in breach of any code of conduct or community guidelines we may have; or
    • the content of the video(s) you create, edit or share via our Service is, in our opinion, inappropriate, offensive or in breach of any code of conduct we may have; or

  • ii. in our opinion there is or may be a need to do so as a result of a legal action taken by the government or relevant authorities or otherwise.

You shall not be entitled to claim damages, reimbursement or similar for our suspension or termination of your account. If you know, or suspect that anyone other than you knows, your user identification code, you must promptly change your login credentials and notify us at customer service or email us at contact@media.io.

You can delete your account or stop using the services at any time. You can do this by contacting us directly. If the service you are using have been paid for where you are using our services as an individual consumer, you may also want to cancel your subscription with us. Any cancellation is governed by the terms and conditions you agreed to when you purchased your subscription from us or as amended from time to time.

If you connect Media.io account to your YouTube account you are bound by YouTube Terms of Service. For more information about the terms of service of YouTube please visit YouTube Terms of Service page.

6. Terms

There are several kinds of License which you may choose to purchase. If the user choose to purchase a perpetual license, you may use it until terminated. If you choose to purchase a license for a specific period of time, you can only use it during the specific period. You may terminate the license at any time by destroying the Software or Service, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this contract. You shall destroy and cease using the Software and Service, together with all copies thereof immediately after the termination of the License.

7. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in original work on our Platforms, and in the material published on it. These works are protected by the laws of copyright, patent, trademarks and treaties around the world. All such rights are reserved.

You shall not access, use or disclose our original source code, technique, algorithms and procedures of or contained in or relating to our Platforms.

you must not modify the copies of any materials you have in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the content on our Platforms (other than any content that you have uploaded, created or edited on our Platforms) for commercial purposes without obtaining a licence to do so from us or our licensors.

Subject to your compliance with these terms, we grant you a revocable, non-exclusive, non-sublicensable and non-transferable license to use our Platforms within the scope and purposes of our Platforms. If you breach these terms, your right to use our Platforms will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. LIMITATION OF LIABILITY

To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to our Platforms or any content on it, whether express or implied. We shall not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our Platforms; or use of or reliance on any content displayed on our Platforms.

Please note that we shall not be liable for indirect loss or damage including: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill, or reputation; or any indirect or consequential loss or damage.

We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Platforms or to your downloading of any content on them, or on any website linked to them.

WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR PLATFORMS. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.

9. NO RELIANCE ON INFORMATION

The content which we own on our Platforms (our “Content”) is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of our Content. Although we make reasonable efforts to update our Content, we make no representations, warranties or guarantees, whether express or implied, that our Content is accurate, complete or up-to-date.

Where our Platforms contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

Similarly, where our Platforms contain content uploaded by our users, such content is for reference only and does not represent our endorsement. We assume no liability for any content uploaded by users and make no warranties, express or implied, regarding its accuracy or appropriateness. We do not vouch for any information uploaded by users and are not responsible for any claims arising from such content.

10. UPLOADING CONTENT TO OUR PLATFORMS
  • 10.1 Ownership by uploading content.

    Whenever you make use of a feature that allows you to upload content to our Platforms, or to make contact with other users of our Platforms, you must comply with these terms. Any content you upload to our Platforms and make publicly available shall be considered non-confidential. You retain any ownership rights that you may have in the content you upload to our Platforms and in any content that you generate as a result of using our tools.

  • 10.2 Using your content to provide the Service

    When you upload or post content to our Platforms we need to be able to use and share that content to enable certain features in the Platform. As such, you grant us the following rights to use that content:

    a worldwide, revocable, non-exclusive, royalty-free, transferable licence to use, reproduce and display that user-generated content in connection with the Service provided by our Platforms; and a worldwide, revocable, non-exclusive, royalty-free, transferable licence for other users or partners to use the content in accordance with the functionality of our Platforms.

  • 10.3 Using your content to improve our Platforms

    If you use our Platforms under a “free subscription”, you grant us the following additional right to use content you upload or post to our Platforms under that “Free subscription”: a worldwide, nonexclusive, royalty-free, transferable right and licence to use that content to develop or improve our Platforms and any of our related products and Service (including to train, test and develop any relevant artificial intelligence models and/or to create, train, test and develop new, improved or augmented algorithms, models, model weights etc.).

    For so long as you maintain a “Free subscription” to use our Platforms this right and licence is irrevocable. If you wish to object to our use of your content in this way and to revoke this right and licence, you may do so:

    • i. after you have deleted your account or upgraded to a paid-for subscription (e.g.,‘Basic’,‘Pro’ or‘Business’); or
    • ii. at any time during the term of your“free subscription”, provided however, that in such cases you will no longer be permitted to use our Platforms under our “free subscription “tier, and must either delete your account or upgrade to a paid-for subscription.

Following any objection and revocation of this licence, you acknowledge that we may retain and continue to freely use any information derived from use of your content for these development and improvement purposes, which has been deidentified, anonymised, and/or aggregated in such a manner that the resultant information no longer identifies you, your content or any other person.

11.Third Party Content/Service

  • 11.1 Certain content available on the Platform are provided by certain users and/or third parties rather than us (e.g., certain video templates provided by certain users and/or third parties). Certain identifiers (e.g., the uploader of such third party content) may be displayed on the Platform to distinguish such third party content from the Company’s Content. You have a non-exclusive, limited, non-transferable, non sublicensable, revocable license to access and use such third party content in the manner solely for your personal, non-commercial use through your use of the Service and solely in compliance with these Terms and in the manner permitted on the Platform. Such third party content is not provided by us or endorsed by us. You acknowledge and agree that we are not liable for any such third party content and your access or use of such third party content.

  • 11.2 Where our Service contain links to other sites and resources provided by third parties, such as in the form of advertisements, these links are provided for your information only. We have no control over the content of those sites or resources. The presence of such links on our Platform, or presentation of such links to you as targeted advertisements during your use of the Service, should not be interpreted as any endorsement or approval by us of those linked websites, operators of those websites, or information you may obtain from them, or any representation that we have reviewed the content of such websites. Your use of such third-party sites or resources may be subject to terms and conditions between the providers of such sites or resources and you. We have no control over such terms and conditions and shall under no circumstances be a party to any arrangementor understanding between you and such providers.

  • 11.3 Some features on Media.io are developed based on the integration with APIs provided by Google, by using these APIs, users agree to be bound by the YouTube Terms of Service.

  • 11.4 Some features on Media.io are deployed based on a machine learning model that derives from the Stable Diffusion, which is subject to the OpenRAIL-Ml icense. Your use shall comply with OpenRAIL License, including the Use Restrictions.

  • 11.5 Our Service includes software licensed under open source or other terms, as specified in the Open Source and Third Party Software Notice. Be aware that these licenses may supersede our service terms, and we urge you to review and comply with their provisions.

12.USER-GENERATED CONTENT ON OUR PLATFORMS

Our Platforms may include information and materials uploaded by other users of our Platforms. These information and materials (if any) have not been verified or approved by us. The views expressed by users on our Platforms do not represent our views or values.

If you wish to complain about content uploaded by any user, please contact our customer service or email us at contact@media.io.

13.TERMINATION

Subject to the terms and conditions stipulated in Article 6, Media.io shall be entitled to terminate this EULA immediately upon serving written notice on the user in the following circumstances: if user commits a material breach of any of its obligations under this terms which is not capable of remedy or if user commits a material breach of any of its obligations under this terms which is not remedied within fifteen (15) calendar days after receipt of a notice from media.io. Termination of this terms shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect after termination.

14.GOVERNING LAW AND DISPUTE RESOLUTION

This Terms of Service will be governed by the laws of the People's Republic of China without giving effect to the conflict of laws. Any disputes arising out of or in connection with this agreement shall be settled by the Shenzhen Court of International Arbitration in according with its effective rules to the extent not prohibited by local law in your jurisdiction.

ACKNOWLEDGMENT BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.

ADDITIONAL TERMS （RELATED TO DMCA COPYRIGHT POLICY）

We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act。If copyright holders or their agents believe that any content on this Platform infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Owner to locate the material;

Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;

A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.

Copyright infringement notifications may be submitted to the Owner’s Copyright Agent at the following address: contact@media.io.