Terms & Conditions
Effective Date: October 01, 2024
1. Company Information
ICOMRETAILS LLC, a limited liability company registered in the United States with its principal place of business at 16192 Coastal Highway, Lewes, DE 19958, USA ("ICOMRETAILS").
2. Company’s Services
ICOMRETAILS offers to its customers (the "Customers") services of video creation using artificial intelligence.
The services are accessible through the platform Visioo.ai, developed by ICOMRETAILS and available at https://visioo.ai (the "Platform").
The services offered by ICOMRETAILS on the Platform (the "Services") are accessible via:
- Standard offers as described on the Platform (“Standard offers”), or
- A customized offer created after consultation and summarized at the time of purchase (the “Customized offer”).
3. Information Regarding the Terms and Conditions
Function of the Terms and Conditions
These general terms and conditions (the "Terms and Conditions") constitute the sole document governing ICOMRETAILS' contractual relationship with the Customer and define:
- the terms of use of the Services, and
- the respective obligations of the parties.
Location of the Terms and Conditions
The Customer can find these Terms and Conditions via a direct link at the bottom of the Platform page.
Acceptance of the Terms and Conditions
The Customer accepts the Terms and Conditions when registering on the Platform. If the Customer does not accept all Terms and Conditions, they cannot access the Services.
4. Hierarchy with the Payment Service Provider's Terms of Service
All payments made through the Platform are handled by the payment service provider indicated on the Platform (the "Payment Service Provider").
The Customer will contract directly with the Payment Service Provider for implementation of these payments by accepting its terms and conditions.
5. Conditions of Access to Services
The Customer is a legal entity represented by a natural person with the authority to enter into a contract on behalf of the Customer. The Customer is a professional acting within the scope of their commercial or industrial activities.
6. Technical Requirements
To access the Services, the Customer must have a computer, a reliable internet connection, and use Google Chrome.
7. Order of the Services and Access to the Services
Customers subscribe to the Services on a subscription basis (the "Subscription"). Each subscription provides a certain number of credits corresponding to a number of videos that can be generated on the Platform (the "Credits"). The number of Credits is indicated in the Offer.
8. Description of the Services
The Customer acknowledges they have been informed of the characteristics and technical requirements of the Services, including internet connectivity needs. Services vary according to the Offer selected and may include video generation and editing services.
9. Maintenance, Hosting, and Technical Support
The Customer benefits from corrective and ongoing maintenance for the duration of the Services, which may result in limited or suspended access during maintenance periods.
10. Modification of the Offer
The Customer may upgrade or downgrade their Offer by contacting ICOMRETAILS. Any new Offer will start upon payment for upgrades or at the renewal date for downgrades.
11. Duration of the Services
The Subscription begins on the subscription date for an initial period as stated on the Platform, and is automatically renewed unless terminated as per these Terms.
12. Financial Terms
Prices for Services are indicated on the Platform (for Standard offers) or in the Summary (for Customized offers) and are in USD, exclusive of tax.
13. Intellectual Property Rights
The Platform and its content are the property of ICOMRETAILS. The Customer is granted a non-exclusive, personal license to use the Platform for the subscription period.
14. Testimonials and References
By subscribing to the Services, Customers may provide testimonials, and ICOMRETAILS may use these for promotional purposes.
15. Customer’s Obligations and Liability
The Customer agrees to provide accurate information, protect login credentials, and use the Services in compliance with applicable laws and these Terms.
16. ICOMRETAILS’s Obligations and Liability
ICOMRETAILS is committed to delivering quality Services and maintaining the Platform's accessibility but shall not be held liable for issues beyond its control.
17. Limitation of Liability
ICOMRETAILS’s liability is limited to direct damages incurred due to use of the Services, capped at the amount received in the 12 months preceding the claim.
18. Personal Data Processing
ICOMRETAILS adheres to applicable data protection laws. For more details, please refer to the Platform's privacy policy.
19. Confidentiality Obligations
The parties agree to maintain the confidentiality of each other’s proprietary information for the duration of the contract and three years thereafter.
20. Force Majeure
Neither party is liable for non-performance due to events outside their control. Obligations resume once the event ceases.
21. Termination of Services
Either party may terminate the subscription with 72 hours’ notice before the end of the current period.
22. Modifications to the Terms and Conditions
ICOMRETAILS may modify these Terms at any time. If the Customer does not accept the changes, they may terminate their subscription as per the Termination clause.
23. Governing Law and Jurisdiction
These Terms are governed by the laws of Delaware, USA. Disputes will be subject to the exclusive jurisdiction of Delaware courts, except as otherwise required by law.