Terms of Service
Last Modified on 18th April, 2025
VistoureAI Technologies Private Limited, a private limited company with its registered office at 30/181(1), Amrutham, West Yakkara, Palakkad, Kerala, India, 678001, its affiliates, assigns, subsidiaries ("VistoureAI", "We", "Us" or "Our") is engaged in the business of providing artificial intelligence, SaaS, PaaS, and software services including but not limited to Skybox generation, Virtual Try-On, Model Generation ("Services") over the internet with persons who use the Services ("You" or "Your") and in this regard owns and operates a website www.vistoureai.com ("Website") and its related domain and subdomains (if any).
These Terms and Conditions constitute a binding, legal agreement between you and VistoureAI. By accessing the Website and/or using the Services you are providing your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions are subject to change at any time without notice.
Ownership of Site & Agreement to Terms of Use
These terms and conditions sets forth the general terms and conditions of your use of the Website and products and services purchased or accessed through the Website and govern your use of the Services provided through its (i) Website; and/or (ii) all related widgets, tools, applications, data, software, API's; and/or (iii) any associated services provided by Us.
These Terms and Conditions shall apply to all visitors, users and others who access the Website or use the Services. Continued use of the Website and/or Services after any such changes shall constitute Your consent to such changes.
This document is an electronic record in terms of Information Technology Act, 2000 ("IT Act") and rules and regulations made there under as applicable and amended from time to time.
1. User Eligibility and Account
The Website and/or the Services are available only to individuals or entities ("Users") who can form legally binding contracts under applicable law. Persons incompetent to contract or who are otherwise disallowed under any applicable laws, rules and regulations are not eligible to use the Website and/or the Service. If You are a minor under applicable law, You are prohibited from accessing or using the Website and/or the Services, except through Your legal guardian or parents who have registered as users on the Website.
We collect, store, process and use Your information in accordance with Our Privacy Policy. In order to access some features and use the Website, Users have to register and create an account ("Account") on the Website.
You confirm that You shall provide Your correct details and confirm that all information You submit when you create your Account is accurate, current and complete. VistoureAI has the right in its sole discretion to suspend/terminate the Account if it has reason to believe that the data provided may not be accurate, is false, or if the usage of the Website and/or the Services are being used for illegal or fraudulent activities.
You are solely responsible for the activity that occurs on Your Account and you must keep your Account information secure, including your login, password, and payment details. If you receive credit tokens as a complimentary item upon registering on the Website ("Free Tokens"), you understand and accept that such Free Tokens validity is subject to change with or without prior notice.
2. Usage
Users accessing the Website and/or using the Services shall not use the same directly or indirectly for activities that are illegal, or promotes or encourages illegal activity including but not limited to activities that promotes or engages terrorism, hateful content, sexual abuse, child sexual abuse, pornographic content, content that hurts religious sentiments, animal abuse, infringement of intellectual property, harming or destructing property, money laundering, breaches of privacy, or is in violation of foreign exchange laws applicable in India.
Notwithstanding anything contrary mentioned herein, VistoureAI reserves its right in its sole discretion to terminate the Account without any reason.
3. Availability
In accordance with the terms and conditions outlined in this Agreement and our other policies and procedures, we will endeavour to offer this Site and the Services continuously, striving to maintain availability twenty-four (24) hours a day, seven (7) days a week, to the best of our commercial capabilities.
There could be instances or events that are beyond our control, or instances where there is requirement of periodic maintenance, repairs to be undertaken, planned shutdown for maintenance, or network transmission errors. We may or may not be in a position to keep the Users notified in this regard.
Additionally, We reserve the right to introduce new services, replace an existing Service with a new one, or halt or temporarily suspend an existing Service. By agreeing to these terms, you acknowledge that We bear no responsibility to you or any third party for the suspension or termination of any Service.
4. Payment
The User agrees and acknowledges that VistoureAI may utilize third-party payment processors/aggregator ("TPPPA") for all payments made within the Application. Payment processing will be subject to the terms, conditions, and privacy policies of the TPPPA, in addition to these Terms.
Neither VistoureAI nor any of its directors, shareholders, or representatives shall be liable to the User for any damages resulting from the use of the TPPPA. In the event of any clarifications please write back to us at support@vistoureai.com.
5. Use of API
The Service may feature an application programming interface (API) allowing Users to send requests and receive responses from the Service. You are solely responsible for all activities conducted through the API using a password, passkey, or identifier issued to You, and You agree not to share such credentials with any third party.
You acknowledge that VistoureAI reserves the right to discontinue, suspend, terminate, or otherwise restrict API usage at any time, at its sole discretion, with or without prior notice. Use of the API must comply with all applicable laws as set forth by VistoureAI from time to time.
6. Intellectual Property
VistoureAI owns and runs the Website, and the Service. Everything you see and use on the Website, like the design, pictures, text, and other stuff, belongs to VistoureAI and shall retain its respective rights, title and interest in their patents, copyrights, trademarks, proprietary marks and/or licensed software, service marks, trade secrets and any other form of intellectual property.
You confirm that You shall not acquire any right whatsoever in the intellectual property through use in commerce or otherwise.
7. Commercial Use of User Generated Content
Paid users are granted a commercial license to use the content generated on our Platform for any lawful purposes unless otherwise stated in Section 2. Usage.
Free users are granted a Creative Commons Attribution 4.0 International (CC-BY 4.0) license to use the content they generate on our Platform for any lawful purposes unless otherwise stated in Section 2. Usage.
8. Disclaimer
VISTOUREAI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS AND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE WEBSITE AND/OR SERVICES.
VISTOUREAI PUTS IN ITS BEST EFFORTS FOR THE IMAGES AND SERVICES TO BE ERROR FREE AND BASED ON THE PROMPTS PROVIDED BY THE USER. IN THE EVENT THAT THE USER PROVIDES A PROMPT FOR IMAGE GENERATION THAT RESULTS IN IMAGES THAT BREACH ANY CONTENT GUIDELINES, VIOLATE ANY FIREWALL OR SECURITY PROTOCOLS, OR GENERATE ANY IMAGES CONTAINING ERRORS OR ISSUES, VISTOUREAI SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH OUTCOMES. THE USER ACKNOWLEDGES AND AGREES THAT THE GENERATION, USE, AND DISTRIBUTION OF SUCH IMAGES ARE ENTIRELY AT THEIR OWN RISK AND COST.
9. Indemnification
By utilizing the Website and/or Services and agreeing to these Terms, you commit to defending, indemnifying, and absolving the Company, its directors, shareholders, officers, agents and representatives from any claims, expenses, damages, losses, liabilities, and costs (including legal fees) arising from and out of:
- Your access to the Website and/or Services
- Your utilization of the Platform services/features
- Your infringement of these Terms or any applicable laws or regulations
- Your infringement of any third-party rights, such as intellectual property or other rights
- Any third-party claims arising from the content of your transmitted communications
10. Limitation of Liability
ANY REFERENCE TO ANY LOSSES, DAMAGE, CLAIMS, COMPENSATION, INDEMNITY ETC., TO BE PAYABLE BY VISTOUREAI, SHALL NOT INCLUDE ANY INCIDENTAL, CONSEQUENTIAL, PENAL, EXEMPLARY OR LIKE DAMAGES, OR ANY DIRECT OR INDIRECT LOSS OF PROFITS OR ANY CLAIM FOR LOSS OF OPPORTUNITY OR ANY ACTION IN TORT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
VISTOUREAI SHALL NOT BE HELD ACCOUNTABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, LOSSES, OR INJURIES RESULTING FROM HACKING, TAMPERING, OR ANY UNAUTHORIZED ACCESS OR USE OF THE SERVICE, YOUR ACCOUNT, OR THE INFORMATION STORED THEREIN.
VISTOUREAI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY CLAIMS, LIABILITIES, DAMAGES, OR LOSSES EXCEEDING THE AMOUNT PAID TO VISTOUREAI.
11. Miscellaneous
Governing Law: The Terms and Conditions, Privacy Policy shall be governed and construed in accordance with the laws of the Republic of India. The Courts in Ernakulam (Kochi), Kerala, India shall have exclusive jurisdiction.
Contact: In the event of any discrepancy or otherwise, we encourage You to contact Us at support@vistoureai.com if You have any questions concerning our Terms and Conditions.
Relationship: Nothing contained in this Terms and Conditions shall be deemed or construed by the Parties or by any third party or court to create the relationship of principal and agent or employer or employee or of partnership or of joint venture between You and VistoureAI.
Severability: If any provision of this Terms and Conditions is held to be illegal, invalid, or unenforceable under any present or future law, such provision shall be fully severable and the remaining provisions shall remain in full force and effect.
Assignment: The Account created by You is non-transferable.