TERMS OF USE
Effective Date: September 19th, 2024
Please read these Terms of Use (“Terms”) carefully before accessing, using or obtaining any materials, information or services from www.lipdub.ai (collectively, the “Services”).
In these Terms, “we”, “us”, “our” and “MARZ” refer to Monsters Aliens Robots Zombies Inc. and “you” and “your” refer to the user of the Services.
These Terms constitute a legal agreement and are entered into between you and MARZ. BY ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS. IF YOU DO NOT ACCEPT ANY PROVISION OF THE TERMS (INCLUDING ANY AMENDMENTS TO THESE TERMS) OR BECOME DISSATISFIED WITH THE SERVICES IN ANY WAY, YOU MUST IMMEDIATELY STOP USING THE SERVICES.
MODIFICATIONS TO THE TERMS
We may modify these Terms for any reason, at any time, by posting a new version on the Services. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Services. Any modifications do not affect rights and obligations that arose prior to such modifications. Your continued use of the Services following the posting of modified Terms constitutes your acceptance of any modified Terms. You will be subject to the Terms in effect at the time of your use.
We will update the effective date at the top of the Terms for your ease of reference. Please review these Terms periodically for changes.
SERVICES
MARZ's flagship product, LipDub AI, offers automated dubbing and lip-syncing for video content. Individuals using the Service will be able to edit videos, either to change the language or change the dialogue itself, in post-production
PERMITTED USES OF THE SERVICES
MARZ hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable and revocable license to access the Services to obtain information about or access to service offerings of MARZ. You agree to use the Services only for the purposes permitted by these Terms, and in accordance with applicable law, regulation and industry standard.
USAGE LIMITATIONS
As a condition of your use, you agree not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by MARZ. Without limiting the generality of the foregoing, you agree not to use the Services, directly or indirectly:
to communicate with MARZ, its employees, agents, representatives or service providers in an abusive or offensive manner;
to attempt to circumvent or violate the security of the Services;
to violate the intellectual property or any other rights of MARZ or any other person;
to violate the terms of use of any third-party website that is linked on the Services;
to reproduce, distribute, modify, create derivative works of, license, sublicense, sell, publicly display, republish or transmit any material from the Services;
to analyze, reverse engineer, decompile, or decode the Services;
to access content, data or services not intended for you;
to introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
to otherwise attempt to interfere with the proper working of the Services; and
in any manner that is political, quasi-political, pornographic, obscene, of questionable moral turpitude or in any manner that could harm the reputation or goodwill of MARZ.
SUBMISSIONS
If you provide any materials or information to us via the Services, you declare and warrant that you own or have the necessary rights or permission to: (i) submit such materials or information to us, and (ii) permit us to process such materials or information as instructed by you. You represent and warrant that any materials or information you submit to us comply with applicable laws and regulations. Without limiting the generality of the foregoing, to the extent you are providing another individuals’ personal information to us via the Services, you confirm you have obtained that individuals’ prior written consent to share their personal information with us. You understand and agree that you, not MARZ, are fully responsible for any materials or information you submit via the Services, and you are fully responsible and legally liable for such materials and information.
COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
The collection, use and disclosure of personal information or data provided to MARZ through our Services is governed by our Privacy Policy. Please refer to MARZ’s Privacy Policy, available at [link], for more information.
SECURITY
We use physical, electronic and administrative measures designed to secure any information you provide via the Services from unauthorized access, use, alteration and disclosure. Although we do our best to protect your information, we cannot guarantee the security of any information transmitted via the Services. Any transmission of information via the Services is at your own risk.
You may be able to create an account on the Services to access certain offerings from MARZ. The safety and security of your account information also depends on you. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the portions of the Services using your username, password, or other security information. You agree to notify us immediately, at the contact information below, of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access to your account.
INTELLECTUAL PROPERTY
MARZ, Monsters Aliens Robots Zombies, and LIPDUB AI, and other graphics, logos, designs, and service or product names are the trademarks of MARZ. These trademarks may not be used in connection with any product or service without the prior written consent of MARZ.
The Services and all content on the Services, including information, software code, visual media, audio, layout and arrangement, is the property of MARZ or its licensors (as applicable), and are protected in all forms by intellectual property laws. Except as expressly set out herein, MARZ reserves all right, title or interest in and to its intellectual property rights.
If you provide any feedback to MARZ regarding the Services, you acknowledge and agree that MARZ may use such feedback and incorporate it into the Services without any obligations or restrictions. You waive all rights, including all intellectual property and moral rights, you have in and to your feedback.
THIRD-PARTY WEBSITES
For your convenience, the Services may provide links to third-party websites. MARZ makes no representations about any third-party websites that may be accessed via the Services. If you choose to access any third-party websites, you do so at your own risk. You are subject to the terms of use and privacy policies of those third-party websites when accessing them. MARZ accepts no responsibility in relation to third-party websites, or any losses or damages resulting from your use of them.
SERVICE FEES
MARZ offers a flexible, credit-based Software as a Service model that includes monthly or annual options. All fees listed in our Services are in American dollars ($USD).
NO-FEE SERVICE OFFERINGS
MARZ may grant you access to some of its service offerings via the Services free of charge (“No Fee Service Offerings”).
Without limiting the generality of anything else set out in these Terms, you shall indemnify, hold harmless, and, at MARZ’s option, defend MARZ from and against any liabilities, damages and losses in connection with your use of No Fee Service Offerings, including without limitation: (a) any third-party claim, suit, action or proceeding that any content you upload in connection with the No Fee Service Offerings infringes or misappropriates such third-party’s intellectual property or other rights; (b) any liabilities, damages and losses relating to any breach of laws or of this these Terms by you or anyone acting on your behalf; and (c) any third-party claim, suit, action or proceeding based on your (or anyone acting on your behalf’s) (i) negligence or willful misconduct; (ii) use of the No Fee Service Offerings and their outputs in a manner not authorized or intended by MARZ; (iii) use of No Fee Service Offerings and their outputs in combination with data, software, hardware, equipment or technology not provided by MARZ or as otherwise authorized by MARZ in writing; or (iv) modifications to No Fee Service Offerings’ outputs not made by MARZ.
RETURNS, REFUNDS AND CANCELLATIONS
We currently do not offer returns or refunds in connection with our Services, and quantities of credits purchased cannot be decreased during the relevant subscription term.
If you have purchased a monthly or annual subscription to our Services, your subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. You can contact our customer support team at info@lipdub.ai for instructions on how to cancel your subscription. Note the cancellation will take effect the day after the last day of the current subscription period.
INDEMNITY
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless MARZ and its directors, officers, employees, agents, service providers, contractors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable attorneys fee) arising out of your breach of these Terms or use of the Services, including any and all claims relating to any materials or information your provide to us via the Services.
NO REPRESENTATIONS OR WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, ITS CONTENT AND ANY OFFERINGS OR MATERIALS ATTAINED VIA THE SERVICES IS AT YOUR OWN RISK AND MARZ HAS NO RESPONSIBILITY OR LIABILITY TO YOU REGARDING YOUR USE THEREOF. THE SERVICES, AND ANY CONTENT AND OFFERINGS PROVIDED VIA THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND. MARZ EXPRESSLY DISCLAIMS ANY AND ALL KINDS OF REPRESENTATIONS, WARRANTIES AND CONDITIONS CONCERNING THE SERVICES, WHETHER EXPRESS OR IMPLIED STATUTORY OR OTHERWISE AND WHETHER WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO, ANY AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF (A) DESIGN, (B) MERCHANTABILITY, (C) FITNESS FOR A PARTICULAR PURPOSE, (D) QUALITY, SUITABILITY OR ACCURACY, (E) NON-INFRINGEMENT, (F) PERFORMANCE, AND (G) COMPLIANCE WITH STANDARDS OR LAWS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA TRANSMITTED VIA THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND YOUR COMPUTER, INTERNET OR DATA SECURITY.
LIMITATION OF LIABILITY
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL MARZ OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, RESULTING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES, EVEN IF THE PARTY WAS ADVISED OR HAD REASON TO KNOW SUCH DAMAGES WERE LIKELY TO RESULT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCE WHATSOEVER SHALL MARZ’ ENTIRE LIABILITY TO YOU EXCEED TWENTY-FIVE AMERICAN DOLLARS ($25 USD).
TERMINATION
MARZ may suspend or terminate your account, your access to the Services or terminate these Terms at any time without written notice to you for any reason or no reason whatsoever. Upon termination, your right to access and use the Services will cease immediately.
If these Terms or your access to the Services are terminated for any reason, you are still bound by the provisions of these Terms that are intended to survive. EXCEPT TO THE EXTENT PROHIBITED BY LAW, MARZ HAS NO LIABILITY OF ANY KIND OF ANY NATURE WHATSOEVER TO YOU SOLELY BY REASON OF SUSPENSION, TERMINATION OR DISCONTINUANCE OF THE SERVICES IN ACCORDANCE WITH THESE TERMS.
The information or offerings provided via the Services may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all of any part of the Services is restricted or unavailable for any period of time.
GENERAL TERMS
No delay or omission by MARZ to exercise any right or power we have under these Terms or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by MARZ must be in writing and signed by an authorized representative of MARZ.
These Terms and any documents incorporated by reference herein, constitute the entire agreement between you and MARZ as it relates to the access to, and use of, the Services, and the subject matter of these Terms and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between MARZ and you.
You and MARZ agree that these Terms and all documents relating thereto be drawn-up in English. While a translation of these Terms may be provided for convenience, in the event of a dispute as to the terms of these Terms, the English version shall prevail.
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (i) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (ii) legally enforceable as a signed agreement.
You agree that these Terms shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario in respect of all matters and disputes arising hereunder.
If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us at the contact information below. In the event that there is a dispute under these Terms and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial, and you hereby waive any right to trial by jury.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of these Terms, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of these Terms shall be valid and enforceable to the extent permitted by law.
CONTACT US
If you have any questions about these Terms or the Services, you may contact us by email at info@lipdub.ai or by mail at 1220 Dundas Street East, Toronto, ON M4M 1S3.
