Last Updated: August 26, 2024

PLEASE READ THIS TERMS OF SERVICE CAREFULLY.  IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE, INCLUDING VIDEOS AND OTHER SERVICES WE MAKE AVAILABLE THROUGH THE SERVICE.

THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS ONLY, AND BY USING THE SERVICE AND ENTERING INTO THESE TERMS, YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN ANY COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT (INCLUDING AS A CLASS REPRESENTATIVE OR MEMBER OF ANY PUTATIVE CLASS).

Introduction

Welcome!  The Terms of Service (the “Terms”) governs the website www.poolday.ai (including both mobile and online versions) (the “Site”), including your use of interactive features, content and/or other online services that we own and control and that post a link to these Terms (collectively with the Site, the “Service”), which are made available by Poolday AI Inc (“Poolday”, “we”, “our” or “us”).  By using the Service, you acknowledge and accept the Service’s Privacy Policy [LINK] and consent to the collection and use of your data in accordance with our Privacy Policy [LINK]. Poolday provides the Service to help users create their own videos utilizing actors created by AI.

If You Want to Use the Service,

then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations.  Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted.  Therefore, do not use the Service if you do not agree.

The business realities associated with operating the Service are such that, without the limitations that are set forth in these Terms, such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes – we would not make the Service available to you.

By accessing and/or using the Service, you agree to be bound by these Terms.  In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”).  To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.  Additionally, certain features and services made available through the Service from time to time may be governed by different terms of use.

Terms and Conditions

  1. Account Types and Account Details
  2. Account Access. No one under eighteen (18) years of age is allowed to create an account or use the Service. In order to access or use some (or potentially all) of the features on the Service, you may be required to first register for a user account through our registration process that we make available through the Service (and purchase a subscription as described in Section 4). ****The Service’s practices governing any resulting collection and use of your personal information are disclosed in our Privacy Policy [LINK]. ****If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights. ****We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability. You are responsible for all activity on your account. If you violate our policies we may terminate your account. Don’t do anything illegal, abusive towards others, or that abuses our Service in a technical way.
  3. Content, Ownership, Limited License and Rights of Others
  4. Content. The Service contains a variety of: (i) materials and other items relating to Poolday, and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Poolday (collectively, “Trademarks”); and (iii) other forms of intellectual property,( collectively, “Content”). We own or have licenses to all Content. We own all images of all actors and digital images used in the Service. No public or stock photos or footage has been used in the creation of any actors provided in the Service.
  5. Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by Poolday, our licensors and/or certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of Poolday or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Poolday owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. Notwithstanding the foregoing, you will own all right, title and interest in any videos you create through the Service (“Videos”); provided, however, you grant to us a non-exclusive, irrevocable, assignable and transferable license to use, display, view and/or play the Videos for any commercial purpose.
  6. Limited License to Content. Subject to your strict compliance with these Terms (including payment of any requested subscription fee pursuant to Section 4 below) and any Additional Terms, Poolday grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download, display, view, use, and/or play the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for you own use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Poolday’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.****
  7. Rights of Others. When using the Service, you must respect the intellectual property and other rights of Poolday and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section 6 [LINK] below.
  8. Service and Content Use Restrictions
  9. Service Use Restrictions. You agree that you will not: (i) use the Service for any political purpose; (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Poolday; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) use the Service, Content or Videos to train, manipulate, service or otherwise engage with machine learning or any other artificial intelligence algorithm; (vi) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Poolday, or other users of the Service; (vii) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User-Generated Content (defined below); (viii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (ix) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; (x): (a) use false or deceptive identities, names or accounts; (b) deploy or otherwise use bots, malware, viruses or scrapers; (c) make it appear as though any aspect of your account, User-Generated Content, or Videos, including, without limitation, your plays, likes, messages, reposts, etc., are more successful than they actually were through unauthentic interactions by you or third parties you engage, manage or transact with (e.g., click-fraud, manipulating social media followings, etc.); (d) engage in any activities that are designed to defraud or game Poolday or third parties; or (e) deploy, or permit any third party to deploy, any technology on, or in connection with, Poolday or Poolday branded sites, systems or services that can enable the tracking of site or service activities or users, except with Poolday prior express written approval; or (xi) otherwise violate these Terms or any Additional Terms.
  10. Content and Video Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content or Videos (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content or Videos (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content or Videos; (iv) you will not use such Content or Videos in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) except provided in these Terms or otherwise specified in any other written agreement between you and Poolday, you will not make any modifications to such Content, nor use the Service, Content or Video in a manner not intended by these Terms; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content or Videos in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Poolday or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content or Videos in any way that adversely affects any user experience.