Terms of Use

Last modified May 21, 2024

The following Terms of Use ("TOU") govern your use of our website, accessible at: https://www.vantaisy.com/, and the services provided through the website (collectively, the "Services").

You are required to read and accept these TOU before you can access or use the Website or Services. Understanding your rights, obligations, and restrictions is crucial when engaging with our Services and Website. Should you have any queries or need further explanation about the TOU, do not hesitate to contact us.

Note that the Website and Services are intended solely for use by those 18 years of age or older. Individuals under the age of 18 are expressly forbidden from using or accessing the Website and Services. .

1. About Vantaisy

The Website is owned and offered by Vantaisy.

Vantaisy strives to provide users with the opportunity, assisted by generative artificial intelligence (AI) chat functionality, to craft characters and engage in conversations with both self-designed and other users' characters.

Vantaisy can generate images based on text descriptions. While we endeavor to ensure the safety and appropriateness of the images generated by Vantaisy, we cannot guarantee their accuracy. We are not responsible for any harm that may result from the use of Vantaisy's image generation feature. We encourage users to use this feature responsibly and to be aware that the images generated may not be accurate or realistic.

To use our Services, users must register their Vantaisy user account using their email address or external login provider.

Vantaisy offers its services through various subscription plans that provide access to the full spectrum of functionalities as outlined on the Website. Each plan is tailored to enhance and enrich the user experience with us.

2. Acceptance of the Terms of Use

By using the Website or Services and accepting these Terms of Use (TOU), you affirm that: (i) you are at least 18 years old and fully capable and competent to enter into and comply with these TOU; (ii) you will faithfully adhere to and fulfill all the terms set forth in these TOU; (iii) you have not been previously barred or prohibited from accessing our Website or Services for any reason.

Please note, to access and use the Website or Services, you must not only accept these TOU but also thoroughly review, understand, and expressly consent to our Privacy Policy.

Should you not agree with these TOU, our Privacy Policy or any other regulations that govern your use of the Website or Services, we respectfully ask that you discontinue any use of the Website and Services.

The TOU and Privacy Policy collectively govern your use of our Website and Services. The Privacy Policy details our practices for collecting, using, and safeguarding your personal data.

3. Updates and Announcements

We maintain the right to alter or discontinue the Website or Services, in whole or part, either temporarily or permanently, with or without notice to you. We are under no obligation to keep the Website or Services updated or maintained. By utilizing the Website or Services, you accept that we are not liable to you or any third party for any changes, suspensions, or discontinuations of the Website or Services.

All new features that enhance or augment the current Website or Services are subject to these TOU, unless explicitly stated otherwise. We reserve the authority to amend these TOU at any time and recommend that you review them regularly. Your ongoing use of the Website or Services after changes to the TOU constitutes your agreement to the revised terms. Should there be significant changes to these TOU, we will notify you upon your next access to the Website or Services, or through email when possible.

4. Links to and from the service

Our Service may feature links to external third-party websites and digital platforms that are not operated or controlled by Vantaisy. We have no control over these third-party entities and are not responsible for their content, their privacy policies, or how they conduct their operations. Your use of these external platforms is completely at your own risk. These links are offered for your convenience and to provide additional information. They do not signify our endorsement or an affiliation with the third-party websites or their administrators. Vantaisy does not monitor, verify, or modify the content on these external sites. By using our Website and Services, you agree to absolve Vantaisy, along with its affiliates and their officers, directors, employees, stakeholders, licensors, and vendors (collectively, "Vantaisy Entities"), of any liability related to your interaction with these third-party services. You acknowledge that Vantaisy Entities will not be liable for any losses or damages incurred as a result of your dealings with these third-party sites. Thus, we recommend that you exercise caution and review the terms and conditions of each site you visit.

Linking to the Website

Linking to our Website is permitted under specific conditions, unless a separate written agreement with Vantaisy specifies otherwise. When creating a link to our Website, you must adhere to the following guidelines:

Framing any part of the Website is strictly prohibited.
Interference with the back functionality of a user’s web browser is not allowed.
Any links must use a plain text format of the Vantaisy name and must not include any of Vantaisy’s logos.
Use of Vantaisy logos in any form is expressly forbidden.
The link should not suggest any form of endorsement or affiliation with Vantaisy unless it is officially approved.
Do not place links on websites that contain defamatory, harassing, obscene, or malicious content, or any content that could damage Vantaisy’s reputation or goodwill.

Vantaisy reserves the right to withdraw linking permission at any time without notice.

5. User Submissions

You and other users can submit various forms of content, such as feedback, text, graphics, photos, and videos (collectively, "User Submissions") to the Website. These submissions may be stored, shared, or displayed by the Website for other users. While we value your contributions, please understand that all User Submissions are considered non-confidential and non-exclusive, except for personal data protected under our Privacy Policy.

You retain ownership of your User Submissions but grant Vantaisy a worldwide, perpetual, irrevocable license to use, reproduce, and distribute your submissions in any form. This includes creating derivative works and incorporating them into our services, without any obligation of compensation to you. Additionally, you permit all users of the Website to access and interact with your submissions under these terms.

You are responsible for the content you submit and must ensure it does not violate any laws or rights. You agree not to post anything that infringes on others' intellectual property or could be considered harmful or offensive. Vantaisy is not liable for any user submissions and does not endorse them.

Vantaisy reserves the right to remove any content that breaches these terms or infringes on legal rights, and to block access to users who violate these guidelines without notice. By submitting content, you waive any claims against Vantaisy related to these submissions and agree to indemnify Vantaisy for any damages arising from your submissions.

6. Violations of Terms of Use

Vantaisy reserves the right, at its sole discretion, to deactivate, suspend, or terminate the accounts of users who violate these Terms of Use. This action may apply to users who engage in activities such as: (1) repeatedly submitting User Submissions that infringe on copyrights, trademarks, or other intellectual property rights; (2) failing to pay any fees owed for the use of the Website and Services; (3) providing false or misleading information; (4) breaching any of the warranties specified in these Terms; (5) violating guidelines regarding adult content, sexual conduct, or any other established community norms; and (6) misusing Vantaisy's intellectual property or challenging its rights.

7. Restrictions on Service Use

When utilizing our Website and Services, you are obligated to comply with our Terms of Use. Specifically, the following actions are prohibited:

Engaging with the Service in any way not expressly permitted by Vantaisy.
Duplicating, downloading, or disseminating any part of the Service without direct permission from Vantaisy, unless it involves content from your own interactions with created characters.
Altering, adapting, or making derivative works from the Service without specific authorization from Vantaisy.
Reselling, sublicensing, distributing, or otherwise commercially using any rights provided under these Terms of Use or the Service.
Submitting false personal details or setting up an account for another individual without their consent.
Including someone else in your uploaded content without obtaining their consent.
Establishing a new account after your previous one was terminated, without obtaining our permission.
Distributing your login information or allowing your account to be used by others.
Transferring or assigning your account details to another person.
Employing bots or scrapers on the Service, except when used by non-commercial public archives or general-purpose search engines for linking purposes.
Creating or distributing content that is confidential, deceptive, threatening, defamatory, obscene, or illegal, as specified in our Blocked Content Policy.
Infringing on intellectual property rights or uploading copyrighted material without proper authorization.
Operating the Service in a way that could impair its functionality or the experience of other users.
Accessing content through unauthorized channels or promoting prohibited activities such as gambling or deceptive schemes.
Falsifying your identity or collecting personal information from other users without their permission.
Initiating or propagating spam or engaging in disruptive communications.
Eliminating or tampering with any advertisements linked to the Service.
Advertising or encouraging users to support entities other than Vantaisy.
Uploading harmful software, engaging in harassment, or threatening the safety of minors.

Vantaisy is committed to cooperating with law enforcement or complying with court orders regarding disclosures of violations of these Terms of Use. We prioritize the safety of all our users, particularly minors, and do not collect data knowingly from those under 18. Consequently, do not post or share personal data of minors on or through our Website and Services. If you are under 18, please refrain from submitting any personal information or using the Website and Services.

8. Intellectual Property

The Website features a variety of content, such as texts, graphics, images, audio, video, software, diagrams, interfaces, symbols, and other creative works ("Content"), in addition to trademarks, logos, and service marks ("Marks"). These are either owned by or licensed to Vantaisy and are safeguarded under the intellectual property laws of the United States, the European Union, and internationally.

Vantaisy possesses the copyright in the compilation, coordination, and enhancement of the Content. Using any of the materials on the Website without authorization could violate copyright, trademark, and other rights. The name Vantaisy and its associated logo are registered trademarks of Vantaisy.

You are authorized to view, replicate, and print content from the Website solely for personal, non-commercial use. Nonetheless, copying, downloading, altering, reproducing, distributing, or broadcasting any part of the Website or its Content without the prior written permission of the rightful owners is expressly forbidden. Vantaisy reserves all rights not explicitly granted in relation to the Website, its Content, and Marks. You are prohibited from using, copying, downloading, or distributing any Content for commercial purposes or otherwise, unless such use is expressly permitted in these terms.

Other than text from interactions with characters developed on Vantaisy, you may not incorporate, broadcast, or transmit Content through any external frameworks or media without specific written consent from Vantaisy. Reproducing, promoting, or disseminating any substantial portion of the Content without appropriate authorization is also prohibited. Content utilization for commercial enterprises without permission is not allowed. Should you copy, screenshot, download, or print parts of the Content for personal use, ensure all copyright and proprietary notices remain intact.

You agree not to circumvent, disable, or otherwise interfere with any security related features of the Website that protect or restrict the use or copying of any Content. Harvesting or extracting data from the Website through any means is strictly forbidden.

9. Liability Restrictions

Vantaisy is not responsible for advertisements or any third-party content presented or communicated through the Website. Endorsement of services offered by advertisers or the content itself on the Website ("Advertisers") should not be inferred. Your dealings with Advertisers found on the Website are solely between you and the Advertisers. Vantaisy is not liable for any loss or claims that may arise from your interactions with Advertisers.

By engaging with the Website, you agree to absolve Vantaisy, its entities, and any affiliated platforms, from any claims, demands, or damages that may arise from or relate to your use of the Website and your interactions with Advertisers or other third parties. Moreover, you voluntarily relinquish any rights or benefits under any law that might limit the scope of such release or waiver.

10. Procedure for Submitting Intellectual Property Claims

If you believe that any Content or User Submissions on the Website infringe upon your copyright or intellectual property rights, you are entitled to submit a claim in accordance with the Digital Millennium Copyright Act (“DMCA”). For your claim to be considered, please provide a written notice with the following details (see 17 U.S.C. 512(c)(3) and 512(d) for specifics):

Your physical or electronic signature.
Identification of the copyrighted work you believe has been infringed, or a representative list if multiple works are involved.
Description of the infringing material or activity along with sufficient information to allow us to locate it.
Your contact information, including your email address.
A statement by you, made under penalty of perjury, that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please send DMCA notices to our Copyright Compliance Department via email at team@vantaisy.com.

Submitting a DMCA notice entails an acknowledgment that making false claims or misrepresentations can carry legal consequences. Remember, DMCA notices should be reserved for legitimate instances of copyright or intellectual property rights infringements.

11. Reporting Misuse of Trademarks and Public Figures

Vantaisy actively addresses allegations of Content that may infringe on trademarks or the rights commonly associated with public figures. Trademarks include but are not limited to symbols, brand names, and trade dress, which refers to the distinctive visual aesthetics of a product or its packaging.

It's crucial to recognize that public figures, including celebrities, possess what is known as a “right of publicity.” This right allows them to control the commercial usage of their name, image, likeness, and other aspects of their personal identity. Unauthorized use of a celebrity's persona on the Website without clear permission could violate this right. If you own a trademark or are a public figure concerned about potential infringements on the Website, please forward an infringement claim to our designated contact, as outlined previously. To submit a claim, you must be the celebrity, trademark owner, or an officially authorized representative. For trademark or trade dress claims, include proof of your trademark ownership, such as a government-issued registration certificate, and identify precisely where on the Website you believe the infringement is taking place.

12. Errors and Updates

From time to time, the information on the Website may display typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, including after you have submitted your registration.

Please be aware that we are not obligated to continuously monitor, correct, or update information on the Website unless required by law. The lack of a recent modification or update date on the Website should not be interpreted to mean that all the information on the Website has been verified or updated.

13. Refund policy

This Refund Policy ("Policy") governs the conditions under which refunds may be issued for Vantaisy subscriptions.

General Refund Policy

Vantaisy does not generally provide refunds for subscriptions once payment has been made. However, under certain circumstances, such as an error on our part or a technical problem with the service, a refund may be granted.

Restrictions on Refunds

Vantaisy reserves the right to reject any refund request that it considers to be without merit, unreasonable, or in violation of this Policy.

14. Indemnification

You acknowledge that Vantaisy does not oversee or guarantee the quality, safety, or legality of products or services advertised by third parties on the website, the accuracy of the content or listings, or the capability of these third parties to fulfill transactions or services.

By using the Website, you agree to indemnify, defend, and hold harmless Vantaisy from any claims, damages, liabilities, or legal costs arising from:

Your use, access, or misuse of the Website.
Your failure to adhere to these Terms of Use.
Any infringement of third-party rights, including copyrights, property rights, or privacy.
Claims alleging that your actions have caused harm to a party protected under these indemnification terms or to another third party.
Transactions made through the Website based on connections you formed with third parties.
Any activities related to your online accounts that occur using your credentials, including actions by others using your information.

Should Vantaisy face legal proceedings as a result of your breach of these Terms of Use, you are also responsible for covering all reasonable attorneys' fees and expenses incurred by Vantaisy, in addition to any other damages awarded.

15. Disclaimers

Using the Website is solely at your own risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. Vantaisy and its affiliates make no guarantees or promises regarding the accuracy, reliability, or completeness of the Website’s content or the services accessed through it.

Vantaisy, along with its affiliates, disclaims all warranties, to the fullest extent permitted by law, concerning the Website and its content. This includes any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and warranties arising from course of dealing or usage in trade. Vantaisy does not warrant that the Website will operate without interruption or error, that defects will be corrected, or that the services or the server that makes it available are free of viruses or other harmful components.

Furthermore, Vantaisy makes no warranties regarding (a) the constant update, accuracy, or reliability of any information obtained from the Website; (b) the results that may be obtained from the use of the Website will meet your expectations; or (c) the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations or be free from mistakes, errors, or defects.

This lack of warranty extends to any damages or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

Interaction with AI

Vantaisy utilizes advanced artificial intelligence (AI) technology to power its conversational interfaces. It is important to understand that Vantaisy is designed for informational and entertainment purposes only and is not a replacement for human interaction or professional advice.

If you are feeling distressed or thinking about self-harm, it is crucial to seek assistance from qualified mental health professionals or contact emergency services or a support helpline in your area. Vantaisy is not equipped to provide the necessary support in such situations, and we are not liable for any harm that might arise from its use.

We take user safety seriously and urge you to interact with our AI responsibly. If you require immediate assistance, please get in touch with a suitable mental health service or helpline. Remember, your health and well-being are paramount, and professional help is available.

16. Limitations of liability

Under no circumstances will Vantaisy or its affiliates be liable to you or any third party for any damages resulting from your use of the Website or any third-party products/services accessed through it. This includes, but is not limited to, loss of profits, data, or opportunities, even if due to negligence. Specific areas where Vantaisy and its affiliates disclaim liability include:

Interruptions or the unavailability of the Website.
Errors, inaccuracies, or misrepresentations in content.
Personal injury or property damage related to the use of the Website.
Unauthorized access to or use of our servers and/or any and all personal information stored therein.
Interruptions or cessation of transmission to or from the Website.
Technical malfunctions or problems with hardware or software.
Malware, viruses, or security breaches originating from third parties.
User-generated content, inputs, or third-party websites linked through the Website.
Data security breaches or unauthorized alterations of your data.
Statements or conduct of any third parties on the Website.
Any losses or damages arising from dealings with advertisers found on or through the Website.

The maximum liability of Vantaisy for any claims arising out of or related to the Website is limited to the amount you have paid Vantaisy in the six months preceding the claim. Any claims related to the use of the Website must be filed within one year from the date the cause of action arose. Claims filed thereafter are considered void.

Vantaisy and its affiliates are not liable for delays or failures in performance resulting from acts beyond their control, including force majeure events. Reasonable efforts will be made to notify users of such events, and no liability will accrue from Vantaisy’s inability to meet obligations due to such force majeure events.

17. Risk Distribution

You acknowledge and agree that Vantaisy has structured its services, pricing, and these Terms of Use (TOU) in reliance upon the warranty disclaimers and limitations of liability set forth herein. These elements are integral to the mutual agreement and reflect an equitable allocation of risks between you and Vantaisy. Without these provisions, Vantaisy would not be able to offer its services at the current pricing or maintain the current scope of its offerings.

In the event of a breach of these Terms of Use, Vantaisy reserves the right to seek injunctive or other equitable relief to enforce the terms.

18. Assignment

You may not transfer or assign your rights and licenses under these Terms of Use without prior written approval from Vantaisy. However, Vantaisy may assign these terms and its associated rights and licenses without any restrictions or notification to you.

19. Class action waiver

You agree that any legal disputes or claims arising out of these Terms of Use will be resolved individually and not as part of any class, collective, or representative lawsuit. You relinquish any rights to act as a plaintiff or as a class member in any class action or representative proceeding. In case of disputes, your remedies are limited to individual claims, precluding any class or consolidated actions.

20. Subpoena fees

Should Vantaisy be compelled to provide information regarding your account in response to a subpoena, we reserve the right to charge you for the related expenses. These expenses include, but are not limited to, costs incurred from attorney and employee efforts in retrieving records, preparing documentation, and any required participation in legal proceedings.

21. Additional details

These Terms of Use (TOU) represent the entire agreement between you and Vantaisy, superseding any prior agreements or understandings regarding the website's subject matter. If any provision of these TOU is found to be invalid, null, or unenforceable by a court, that provision will be modified or eliminated to the minimum extent necessary so that the TOU will otherwise remain in full force and effect and enforceable. The remaining provisions will be replaced with valid provisions that most closely match the intent of the original TOU, thereby preserving the agreement's overall integrity.

Both parties acknowledge that they have not relied on any representation, assurance, or agreement not expressly provided in these TOU. These TOU do not intend to, nor shall they, confer any rights, remedies, obligations, or liabilities whatsoever to any person other than you and Vantaisy, unless specified otherwise. The failure of Vantaisy to enforce any right or provision of these TOU will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

22. Cancellation of Recurring Transactions

Users who are enrolled in recurring payment agreements (such as subscriptions or memberships) on Vantaisy have the option to cancel these arrangements at any time to stop future charges.

To discontinue your subscription and halt subsequent billings, please contact our Support team. We will process your cancellation request promptly upon receipt. If your cancellation request is submitted before the start of the next billing period, we will prevent any future charges. If the request is received after the beginning of a new billing cycle, you may still be charged for that period, but the cancellation will be effective for the next billing cycle. You will receive an email confirmation once your recurring payment has been successfully canceled.

Please note, canceling your recurring payments does not entitle you to a refund for past charges unless explicitly stated in the Terms of Use. For any queries or needed assistance with cancellation, do not hesitate to contact our Support team.

This Cancellation Policy may be updated occasionally at our discretion. We recommend reviewing it periodically for any changes. Continuing to use Vantaisy after these changes implies your acceptance of the new terms.