Ambience AI

Terms of Service

Effective date: January 8, 2025

Welcome to Ambience AI. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: support@ambience-ai.com

These Terms of Use (the “Terms”) are a binding contract between you and Ambience AI LLC (“Ambience AI,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, including the Privacy Policy, and any other terms entered into between you and us for the sale of Services.

ARBITRATION NOTICE AND CLASS ACTION WAIVER:

EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Definitions

Throughout these Terms, we use certain defined terms:

  • “Content” refers to any videos, images, text, or other materials generated through or uploaded to our Services
  • “User Content” means any Content that you create, generate, or upload using our Services
  • “Platform” refers to our website, applications, and all related services
  • “Generated Content” means any Content created using our AI generation features

Intellectual Property Rights and License Grants

Your License to Us: By using our Services to generate Content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, transfer, display, adapt, modify, and distribute your User Content solely for the purposes of providing and improving our Services.

Our License to You: For Generated Content, we grant you a worldwide, non-exclusive, perpetual license to use, modify, and distribute the Generated Content, provided you comply with these Terms and maintain an active subscription when required.

Restrictions: You may not use Generated Content to:

  • Create or promote harmful, discriminatory, or illegal content
  • Impersonate or mislead others about the Content's origin
  • Train competing AI models or services
  • Sell or redistribute Generated Content as part of a competing service

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMBIENCE AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, data, use, goodwill, or other intangible losses
  • Business interruption or computer damage
  • Personal injury or property damage
  • Any unauthorized access to or use of our servers and/or personal information

OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST SIX MONTHS FOR THE SERVICES.

Term and Termination

We reserve the right to suspend or terminate your access to the Services:

  • Immediately upon breach of these Terms
  • For any use of the Services that could cause legal liability
  • If you fail to pay any fees when due
  • If we determine your usage poses a security risk

Upon termination:

  • All licenses granted to you will terminate
  • You must cease all use of the Services
  • Any outstanding payment obligations will become immediately due
  • We may delete your account and associated Content after 30 days

Indemnification

You agree to indemnify, defend, and hold harmless Ambience AI and its officers, directors, employees, agents, and affiliates from and against any claims, disputes, demands, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or in any way connected with:

  • Your access to or use of the Services
  • Your User Content or Generated Content
  • Your violation of these Terms
  • Your violation of any third-party rights, including intellectual property rights

Account Registration and User Responsibilities

You may be required to sign up for an account, select a password and username, and provide us with certain information or data. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your username a name that you don't have the right to use, or another person's name with the intent to impersonate that person.

AI-Generated Content Terms

Our Services utilize artificial intelligence to generate atmospheric videos and sounds. You understand and agree that:

  • AI-generated content may vary in quality and consistency
  • We do not guarantee specific outcomes or results from our AI systems
  • You retain rights to content you create using our Services, subject to our license terms below
  • You will not use our Services to generate harmful, illegal, or prohibited content

Service Content and Intellectual Property

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify or distribute any Content except as permitted by these Terms.

Payment Terms and Subscription

Certain features of our Services require payment of fees. By using paid features, you agree to the following:

  • All fees are exclusive of taxes unless stated otherwise
  • Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date
  • Refunds are provided in accordance with applicable law and our refund policy
  • We may modify pricing with 30 days notice for existing subscribers
  • Failure to pay may result in service interruption or termination

For subscription cancellations, email support@ambience-ai.com. No refunds will be provided for partial subscription periods or unused generation credits unless required by law.

Data Processing and Privacy

We process personal data as described in our Privacy Policy. By using our Services, you acknowledge that:

  • We collect and process data necessary to provide the Services
  • We use cookies and similar technologies as described in our Privacy Policy
  • We may process your Content to improve our AI models
  • You have rights regarding your personal data as detailed in our Privacy Policy

For detailed information about our data practices, please review our Privacy Policy, which is incorporated into these Terms by reference.

Modifications to Terms

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means.

Service Availability and Technical Issues

You acknowledge that we may experience temporary interruptions of the Services for maintenance, updates, or other technical reasons. We do not guarantee that the Services will be error-free or continuously available. We will make reasonable efforts to maintain and secure the Services but are not liable for any downtime or data loss.

General Provisions

These Terms constitute the entire agreement between you and Ambience AI regarding our Services. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions will remain in full force and effect.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Sacramento County, California for any actions not subject to the Arbitration provision above.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemic, changes in law or regulations, embargoes, labor strikes, technological failures, or interruptions in third-party services.

Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without your notice or consent.

Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

Contact Information

If you have any questions about these Terms or the Services, please contact us at support@ambience-ai.com.