Terms and Conditions of Use

Effective Date: 12 September 2024

These Terms of Service ("Terms") govern the use of the website, mobile applications, and all associated services (collectively referred to as the "Service") provided by Producio Inc. ("Producio," "we," "us," or "our"). Please review these Terms carefully. By accessing or using the Service, you agree to comply with these Terms in their entirety. If you disagree with any part of these Terms, you are advised to discontinue the use of our Service immediately.

1. Acceptance of Terms

By accessing, browsing, or utilising any component of our Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms and all policies referenced herein, including but not limited to our Privacy Policy. If you do not accept these Terms, you are prohibited from using our Service.

2. Changes to the Terms

We reserve the right to modify these Terms at any time, at our sole discretion. When changes are made, we will update the "Effective Date" at the top of this page and provide a notice of the changes, either by posting on the Service or through other communication channels. Your continued use of the Service after any such modifications constitutes your acceptance of the revised Terms.

3. Service Overview

Producio offers a suite of digital tools, platforms, and functionalities that allow users to upload, create, and share content such as text, code, audio, video, and images ("Submissions"). The Service may also include tools that generate output based on user Submissions ("Output"). By using the Service, you agree to be solely responsible for your interactions with the Service and other users.

4. Account Registration

To access certain features of the Service, you may be required to create an account. When registering, you agree to provide accurate and complete information, and to keep this information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Producio reserves the right to suspend or terminate your account if we suspect any unauthorised access or misuse of the Service.

5. User Conduct

You agree not to use the Service for any unlawful purposes or in violation of these Terms. Specifically, you agree not to:

Post, upload, or distribute any content that infringes the rights of any third party.
Engage in any behaviour that could harm the operation, security, or integrity of the Service.
Use any automated means (e.g., bots, crawlers) to access the Service.
Share offensive, defamatory, or otherwise inappropriate content.

We reserve the right to monitor and review any content posted by users and to remove any material that we deem inappropriate, at our sole discretion.

6. Submissions and Content Ownership

You retain ownership of any intellectual property rights in the Submissions you upload to the Service. By uploading, submitting, or posting any content to the Service, you grant Producio a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and distribute your content in connection with the operation of the Service. You represent that you have all necessary rights to grant such a license and that your Submissions do not violate the rights of any third party.

7. Third-Party Services and Content

The Service may include links to third-party websites or services that are not owned or controlled by Producio. We are not responsible for the content, privacy policies, or practices of third-party websites. Your interactions with third-party services are solely between you and the third party.

8. Payment Terms

Some aspects of the Service may require payment. If you purchase any services, you agree to pay all applicable fees and charges. Producio uses third-party payment processors to handle transactions. You agree to comply with the terms of the payment processor when making payments.

Producio reserves the right to change its pricing or billing methods at any time. We will provide notice of any price changes before they take effect.

9. Data Protection and Privacy

Our collection and use of your personal data are governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to the collection, storage, and use of your data as outlined in the Privacy Policy.

10. Service Availability

We strive to ensure that the Service is available without interruption. However, we do not guarantee that the Service will always be available or that access will be uninterrupted. From time to time, maintenance or updates may result in the temporary unavailability of the Service.

11. Intellectual Property

All intellectual property rights related to the Service, including software, design, trademarks, and content, belong to Producio or its licensors. You are granted a limited, revocable, non-exclusive, and non-transferable license to use the Service for its intended purposes.

Except as explicitly permitted by these Terms, you may not reproduce, distribute, modify, or create derivative works from any part of the Service without Producio's prior written consent.

12. Termination of Access

Producio reserves the right to suspend or terminate your access to the Service at any time, with or without notice, for any violation of these Terms, misuse of the Service, or any other reason at our discretion.

Upon termination, your rights to use the Service will immediately cease. We may delete any content associated with your account and are under no obligation to maintain or forward such content after termination.

13. Limitation of Liability

To the maximum extent permitted by law, Producio, its affiliates, and their respective directors, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Service, even if we have been advised of the possibility of such damages.

Our total liability to you for any claims related to the Service shall not exceed the amount you paid to Producio for the Service in the 12 months preceding the claim.

14. Disclaimer of Warranties

The Service is provided "as is" and "as available," without any express or implied warranties. Producio disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will meet your expectations or that it will be uninterrupted or error-free.

15. Indemnification

You agree to indemnify, defend, and hold harmless Producio, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

16. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Ireland and The European Union, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or the Service will be resolved through binding arbitration in the EU.

By using the Service, you agree that any disputes between you and Producio will be resolved individually, without resort to any form of class action.

17. Miscellaneous

These Terms constitute the entire agreement between you and Producio regarding your use of the Service. If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

You may not assign or transfer these Terms without Producio's prior written consent. Producio may freely assign or transfer these Terms.

Failure by Producio to enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

18. DMCA Takedown Policy

Producio respects the intellectual property rights of others and expects users of the Service to do the same. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated DMCA Agent with the following information in writing:

A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
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, along with information reasonably sufficient to permit us to locate the material;
Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Please send DMCA takedown notices to team@producio.ai

Upon receipt of a valid DMCA notice, Producio will take reasonable steps to promptly remove or disable access to the allegedly infringing material. Producio will also notify the user responsible for uploading the material that has been removed or disabled.

Counter-Notification

If you believe that your content was removed or disabled in error, you may submit a counter-notification to our DMCA Agent with the following details:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
Your name, address, telephone number, and email address, along with a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Producio may be found, and that you will accept service of process from the person who provided the original DMCA notice or an agent of such person.

Upon receipt of a valid counter-notification, Producio may restore the removed material or cease disabling access to it, unless the party submitting the original DMCA notice files a court action seeking an injunction against the alleged infringer.

Accessing and Using the Service

Service Overview:

The Producio Service enables the processing of input data, which may include code, videos, images, text, software, music, sounds, photographs, graphics, and other content types (collectively referred to as "Submissions"). The Service uses these Submissions to produce and return an audio-visual result ("Output"). Together, the Submissions and Output will be referred to as "Content." The Service may also offer users access to public forums where this Content can be shared and discussed with other users in a collaborative environment.

You must ensure that all Submissions you upload, post, publish, or display ("upload") are content for which you have the proper rights and permissions. By uploading any Submission, you confirm and guarantee that:

You have obtained all necessary rights, licenses, consents, and permissions to provide the Submissions and allow Producio to use them in conjunction with the Service, including for generating Output;
Your Submissions, and their use by the Service, including for generating Output, do not infringe on any third party's rights or violate any applicable laws or terms governing the use of such Submissions;
Producio will not be required to obtain additional licenses, permissions, or pay any fees to any third party in connection with the use of your Submissions to generate Output, or to further improve or train artificial intelligence or machine learning models integrated with the Service.

Account Registration Requirements:

To access certain functionalities of the Service, you may be required to create an account with Producio, providing personal information such as your name and email address. You agree to provide accurate, current, and complete details during registration and to keep this information up to date. Your registration data and other personal details will be handled in accordance with our Privacy Policy. You must be at least 13 years of age to use the Service. If you are under 18, you may only use the Service with the express consent of a parent or guardian. In such cases, you agree to provide truthful information to Producio to verify parental consent. We may offer a free tier of the Service; however, you are only permitted to create one account for this free tier. If we determine that you are not using the free tier in good faith, we may terminate your access. Should we discontinue the Service, we will refund any pre-paid fees proportionate to the remaining period.

Account Security and Responsibility:

You are responsible for maintaining the confidentiality of your account credentials, including your password, and are fully accountable for any activity that takes place under your account. You agree to:

Immediately notify Producio if you detect any unauthorized use of your account or any security breach, and
Log out of your account after each session to ensure security. Producio will not be held liable for any loss or damage resulting from your failure to comply with these security measures.

Modifications to the Service:

Producio reserves the right to alter, temporarily suspend, or permanently discontinue any aspect of the Service, with or without notice. You agree that Producio is not liable for any modification, suspension, or discontinuation of the Service.

General Usage and Storage Practices:

You acknowledge that Producio may establish general rules regarding the use and storage of data within the Service. These rules may include limits on storage space and the duration for which data is retained. Producio reserves the right to terminate inactive accounts, which may result in the deletion of associated Submissions and Output. Producio may adjust these usage and storage guidelines at any time and without prior notice.

Conditions for Service Access and Use

User Conduct:

As a user of the Service, you are solely responsible for all Submissions you upload, including through email or other means of communication, and any Outputs generated via the Service. You bear the full responsibility for the accuracy, legality, and appropriateness of your Submissions. Producio does not endorse user-generated content and disclaims liability for any content or actions taken by users in connection with the Service. You agree not to use any Output in competition with Producio, including to develop competing services or products.

The following are examples of prohibited Submissions and activities:

Submitting, uploading, or otherwise providing Submissions or directing the Service to generate Output that:
1. Violates the intellectual property rights of any third party,
2. Contains viruses or any harmful software code designed to disrupt functionality,
3. Poses security or privacy risks,
4. Involves unsolicited advertising or commercial activity ("spam," chain letters, pyramid schemes, etc.),
5. Is offensive, harmful, or otherwise inappropriate, including defamatory, harassing, or discriminatory content,
6. In Producio's sole discretion, is objectionable or restricts the usage of the Service by others.
Interfering with or disrupting the Service or any connected network or server.
Violating any applicable local, state, national, or international law.
Impersonating another person or entity, or falsely stating your affiliation with a person or entity, including in the creation of Output.
Soliciting personal information from individuals under 18 years of age.
Harvesting, collecting, or disclosing private information without explicit consent.
Engaging in illegal activities or promoting criminal activity.
Using the Service (and any associated Output) to create or improve competing products or services, or to train other artificial intelligence or machine learning models.

Producio reserves the right to block your access to the Service if you violate any of the above, and any attempt to circumvent such a block (e.g., using proxy networks) is prohibited.

Contact Information

For any questions or concerns regarding these Terms, please contact us at: team@soundswirl.com