Last Updated: 09/12/2024
By accessing or using the services, applications, software, or related features provided by Nulsion (“Company”, “we”, “us”, or “our”), including but not limited to desktop applications and affiliated platforms (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use (“Terms”). If you do not agree with these Terms, you must discontinue your use of the Services immediately.
You represent and warrant that you are of the age of legal majority in your country of residence and have the legal capacity and authority to enter into these Terms. The Services are not intended for use by minors. If we discover that we have collected personal data from a minor without parental consent, we reserve the right to delete such data and terminate the associated account.
Unless otherwise stated, all content, code, data, designs, graphics, models, motion patterns, text, logos, trademarks, and other materials (“Content”) made available through the Services are owned by or licensed to us, and are protected by intellectual property laws. You acknowledge that you have no right, title, or interest in or to the Content except as expressly provided in these Terms.
You may create or upload content, including but not limited to custom motion models, actions, or related data (“User Content”). By submitting User Content, you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense) to use, host, display, reproduce, modify, adapt, edit, translate, distribute, and otherwise exploit your User Content in connection with the Services and the promotion thereof. You represent and warrant that you own all necessary rights, consents, and permissions to grant this license.
We may offer premium subscriptions, add-ons, or in-app purchases (“Paid Services”). All fees are payable in advance and are non-refundable. We reserve the right to modify or discontinue any Paid Services at any time without notice. We will not provide refunds or credits for unused subscription periods, partial use, or for any reason including account termination.
We reserve the right, at our sole discretion and without prior notice, to suspend or terminate your access to the Services at any time and for any reason, including but not limited to breach of these Terms, suspected fraudulent activity, hacking attempts, or any conduct that we deem harmful or otherwise undesirable. Upon termination, your right to use the Services will immediately cease.
The Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Services will be free from errors, or other harmful components. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
To the maximum extent permitted by law, in no event shall we, our affiliates, directors, officers, employees, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of (or inability to use) the Services, even if we have been advised of the possibility of such damages. Your sole and exclusive remedy for dissatisfaction with the Services is to discontinue your use thereof.
You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, demands, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Services; (b) your User Content; (c) your violation of any of these Terms; or (d) your violation of any rights of another individual or entity.
These Terms are made solely for the benefit of you and us and shall not be construed as conferring any rights on any third party.
These Terms and your use of the Services are governed by and construed in accordance with the laws of our jurisdiction, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within our jurisdiction for the resolution of any disputes arising out of or relating to these Terms or the Services.
We reserve the right, at our sole discretion, to modify or replace any part of these Terms at any time. We may not provide notice of changes, and your continued use of the Services following the posting of revised Terms constitutes your acceptance of the updated terms.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms, together with any policies or additional terms referenced herein, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements, communications, and understandings.