Terms of Service
Last revised on August 19,2019
IMPORTANT – CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS BEAUTIFUL.AI SERVICES TERMS OF SERVICE (THIS “AGREEMENT”) WHICH GOVERN THE USE OF THE BEAUTIFUL.AI SERVICES (“BEAUTIFUL.AI SERVICES”) MADE AVAILABLE THROUGH THE BEAUTIFUL.AI PROPRIETARY ONLINE SOFTWARE PLATFORM (THE “PLATFORM”) AND/OR THROUGH THE BEAUTIFUL.AI DOWNLOADABLE DESKTOP APPLICATION (THE “APPLICATION”). BY CREATING AN ACCOUNT TO USE THE BEAUTIFUL.AI SERVICES, OR BY CLICKING “I ACCEPT,” “CREATE”, OR PROCEEDING WITH THE USE OF THE BEAUTIFUL.AI SERVICES, PLATFORM AND/OR APPLICATION, YOU AS AN AUTHORIZED REPRESENTATIVE OF YOUR COMPANY ON WHOSE BEHALF YOU USE THE BEAUTIFUL.AI SERVICES (“YOU” OR “YOUR”) ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THIS AGREEMENT WITH BEAUTIFUL SLIDES, INC. (“BEAUTIFUL.AI,” “WE,” “US,” OR “OUR”), AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
PLEASE BE ADVISED THAT BEAUTIFUL.AI DOES NOT PROVIDE WARRANTIES FOR THE BEAUTIFUL.AI SERVICES, PLATFORM AND/OR APPLICATION, AND THIS AGREEMENT LIMITS OUR LIABILITY TO YOU. PLEASE SEE SECTIONS 8 AND 9 FOR FURTHER INFORMATION.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE BEAUTIFUL.AI SERVICES, PLATFORM, OR APPLICATION. THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE THE DATE THAT YOU ACCEPT THIS AGREEMENT.
1. BEAUTIFUL.AI SERVICES.
(a) License. Subject to Your compliance with the terms and conditions of this Agreement, including payment of all applicable fees, Beautiful.AI grants You a personal, nonsublicensable, nonexclusive, nontransferable, limited license, solely during the Subscription Term (defined in Section 3(a) below) or Trial Period (as defined in and subject to Section 2(b) below), as applicable, and subject to the usage scope and level of Your Subscription Plan (defined in Section 3(a) below) and/or or any restrictions specified by Beautiful.AI: (i) to install and execute, in object code form only, the Application on Your computer, and to access and use the Beautiful.AI Services, over the internet, using the Application; and/or (ii) to access and use the Beautiful.AI Services using the Platform, over the internet, in each case set forth in clause (i) and (ii) above, solely for Your internal business purposes and in accordance with the terms of this Agreement. You will comply with all laws, rules, and regulations applicable to the use of the Beautiful.AI Services.
(b) Trial Version. Notwithstanding Section 1(a), if You have obtained the Beautiful.AI Services on a trial basis (the “Trial Version”), You understand and agree that the license set forth in Section 1(a) is granted to You by Beautiful.AI for a period of fourteen (14) days, unless Beautiful.AI has otherwise expressly authorized and agreed to in writing an extended trial period (the “Trial Period”) solely for Your own internal evaluation purposes, and subject to any and all technical limitations implemented by Beautiful.AI in the Trial Version. You acknowledge and agree that if You have not purchased a Subscription Plan prior to the expiration of the Trial Period, this Agreement will automatically terminate (without the requirement of providing any termination notice) and the Trial Version may cease functioning. YOU ACKNOWLEDGE AND AGREE THAT THE TRIAL VERSION IS PROVIDED “AS-IS’ AND WITHOUT ANY WARRANTY WHATSOEVER OR ANY SUPPORT OR OTHER SERVICES (INCLUDING ANY UPDATES OR UPGRADES).
(c) Restrictions on use of the Beautiful.AI Services. You may not: (i) modify, alter, tamper with, repair, or otherwise create derivative works of the Beautiful.AI Services, Platform, and/or Application; (ii) reverse engineer, disassemble, or decompile the Beautiful.AI Services, Platform and/or Application or apply any other process or procedure to derive the source code of any software included in, or any underlying technology of, the Beautiful.AI Services, Platform and/or Application; (iii) resell or sublicense the Beautiful.AI Services, Platform and/or Application; (iv) attempt to disable or circumvent any security mechanisms used by the Beautiful.AI Services, Platform and/or Application (including, without limitation, any time-control disabling functionality or other mechanisms in the Trial Version); (v) use the Beautiful.AI Services, Platform and/or Application to perform a malicious activity; or (vi) upload or otherwise process any infringing or malicious content to or through the Beautiful.AI Services, Platform and/or Application. The Beautiful.AI Services, Platform and/or Application may have storage and other limitations.
2. REGISTRATION AND YOUR ACCOUNT.
To register to use the Beautiful.AI Services You must provide Beautiful.AI with the information requested in the registration process, including Your email address. You are responsible for all activities that occur under Your account and Beautiful.AI and Beautiful.AI’s affiliates are not responsible for unauthorized access to Your account. You will contact Beautiful.AI immediately if You believe an unauthorized third party may be using Your account or if Your account information is lost or stolen. You will provide complete and accurate information during the registration process and will update it to ensure it remains accurate.
3. SUBSCRIPTION PLANS; FEES & PAYMENT TERMS
(a)Subscription plans. Beautiful.AI will provide you access to the Beautiful.AI Services in accordance with the subscription plan purchased by You from Beautiful.AI (the “Subscription Plan”). Each Subscription Plan shall begin on the date You purchased the Subscription Plan and continue for the applicable subscription period (e.g., monthly or annually) selected by You for such Subscription Plan (the “Subscription Term”). The Subscription Term shall automatically renew for successive periods equal to the initial Subscription Term, unless You provide us with written notice of non-renewal or termination prior to the expiration of Your then-current Subscription Term. For more information regarding our Subscription Plans, including pricing, please see our Pricing Page.
(b) Fees. Except as otherwise set forth in this Agreement, the fees payable for your Subscription Plan will remain fixed during the Subscription Term unless you (i) exceed Your permitted user seats or other applicable limits, (ii) upgrade Your Subscription Plan, and/or (iii) subscribe to additional features or products. In the event a price change applies to you, you will be charged at the start of the next billing cycle for such additional fees. For the avoidance of doubt, You acknowledge and agree that any downgrade to Your Subscription Plan shall not take effect until the next renewal date of the applicable Subscription Term, regardless of Your billing cycle for such Subscription Plan (i.e. for monthly Subscription Plans, prior to the start of the next month, and for annual Subscription Plans, prior to the start of the next year). Subscriptions Plans shall renew at Beautiful.AI’s then-current pricing for such Subscription Plan.
(c)Payment Terms. All fees are due and payable in advance, unless otherwise expressly and mutually agreed to by You and Beautiful.AI in writing. When You purchase and/or upgrade to a paid Subscription Plan, You expressly agree that Beautiful.AI is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with Beautiful.AI in connection with such Subscription Plan, and You hereby authorize Beautiful.AI to charge the fees to the credit card You provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. All fees are non-refundable and non-cancellable. If payment is not received or cannot be charged to You for any reason in advance, Beautiful.AI reserves the right to suspend or terminate your access to the Beautiful.AI Services, downgrade your Subscription Plan and/or terminate this Agreement.
(d)Taxes. The fees are exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”), and You will be responsible for payment of all such taxes (other than taxes based on Beautiful.AI’s income), and any related penalties and interest, arising from the payment of the fees, the delivery of the Beautiful.AI Services, or performance of any services by Beautiful.AI hereunder.
4. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP.
(a) Rights. This Agreement does not transfer any right, title or interest in any intellectual property right to the other, except as expressly set forth in this Agreement. Beautiful.AI owns all rights, title and interest in and to the Beautiful.AI Services, Platform, and Application, and any and all modifications, enhancements and updated thereto. There are no implied rights. Beautiful.AI reserves all rights not expressly granted herein. If You provide Beautiful.AI with feedback on Your use of the Beautiful.AI Services, the Platform and/or Application or if Beautiful.AI receives any information reported automatically through the use of the Beautiful.AI Services, Platform and/or Application, You give Beautiful.AI all rights in the feedback and Beautiful.AI may use Your feedback without obligation to You.
(b) Your Content. You represent and warrant to Beautiful.AI that: (a) You or Your licensors own all right, title, and interest in and to Your Content (defined in Section 5 below); (b) You have all rights in Your Content necessary to grant the rights contemplated by this Agreement; and (c) none of Your Content violates this Agreement, any applicable law or any third party’s intellectual property or other right. You consent to Beautiful.AI’s use of Your Content to provide the Beautiful.AI Services to You. Beautiful.AI may disclose Your Content to provide the Beautiful.AI Services to You or to comply with any request of a governmental or regulatory body (including subpoenas or court orders).
4. YOUR CONTENT.
5. TERM; TERMINATION
(a) Term; Termination. The term of this Agreement commences when You accept this Agreement (such as by creating an account) and will remain in effect as long as you continue to access or use the Beautiful.AI Services, or until terminated in accordance with this Agreement (whichever is sooner). You may terminate this Agreement at any time by cancelling Your account. Beautiful.AI may also terminate Your account and this Agreement, or suspend Your account, immediately if (i) Beautiful.AI changes the way Beautiful.AI provides or discontinues the Beautiful.AI Services; (ii) Your account was suspended under Section 7 of this Agreement and You have not remediated the reason for the suspension; or (iii) Beautiful.AI determines that: (1) Your use of the Beautiful.AI Services poses a security risk to the Beautiful.AI Services or any third party; (2) Your use of the Beautiful.AI Services may adversely impact the Beautiful.AI Services; (3) Your use of the Beautiful.AI Services may subject Beautiful.AI, Beautiful.AI’s affiliates, or any third party to liability; (4) Your use of the Beautiful.AI Services may be fraudulent; or (5) You are in breach of this Agreement.
(b) Effect of Termination. Upon termination of this Agreement (i) all Your rights under this Agreement immediately terminate and You must cease using the Beautiful.AI Services, Platform and Application, (ii) all fees for the remainder of Your Subscription Plan as of the effective date of termination shall immediately become due and payable, and (iii) You are solely responsible for deleting or retrieving Your Content from the Beautiful.AI Services prior to termination for any reason. If Beautiful.AI terminates Your account or this Agreement, Beautiful.AI will provide You with a reasonable opportunity to retrieve Your presentation data from the Beautiful.AI Services, if You so request. Such a request must be sent by email to Beautiful.AI within seven (7) days after You receive notice regarding the termination. In any event, Your presentation data will be deleted from the Beautiful.AI Services no earlier than fourteen (14) days after the termination notice regarding Your account has been sent to You. The following Sections shall survive any termination or expiration of this Agreement: 2(c), 3, 4, 5, 6(b), 8, 9, 10, 11, 12 and 13.
(c) Changes to the services. You understand and agree that Beautiful.AI may change, suspend or discontinue any part of the Beautiful.AI Services and the Beautiful.AI Services as a whole. Beautiful.AI will notify You of any material change to or discontinuation of the Beautiful.AI Services by email or via Beautiful.AI’s website.
Without limiting other available remedies included in this Agreement or otherwise, Beautiful.AI may suspend Your access to the Beautiful.AI Services if You are in non-compliance with this Agreement.
8. WARRANTY DISCLAIMER.
You should regularly back up Your Content while using the Beautiful.AI Services. BEAUTIFUL.AI PROVIDES THE BEAUTIFUL.AI SERVICES ON AN “AS IS” BASIS. BEAUTIFUL.AI DOES NOT MAKE ANY WARRANTIES REGARDING THE PERFORMANCE OF THE BEAUTIFUL.AI SERVICES OR UPTIME OF THE BEAUTIFUL.AI SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND BEAUTIFUL.AI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEAUTIFUL.AI HAS NO RESPONSIBILITY FOR LOSS OF DATA OR INABILITY TO USE THE BEAUTIFUL.AI SERVICES FOR ANY REASONS, INCLUDING, WITHOUT LIMITATION, IF DUE TO THE ACTS OR OMISSIONS OF ITS THIRD PARTY HOSTING PROVIDERS.
You agree that Beautiful.AI is not obligated to provide You with any maintenance and support on the use of the Beautiful.AI Services. However, Beautiful.AI may access Your account for the purpose of debugging and updating the Beautiful.AI Services.
You acknowledge and agree that (a) You are solely responsible for Your Content (including, without limitation, the slides that You create) and determining who will receive access or copies to Your Content and any such slides, and (b) Beautiful.AI will have no responsibility or liability of any kind under this Agreement, arising or resulting from: (i) problems caused by failed Internet connections or other hardware, software or equipment which is not owned, controlled or operated by Beautiful.AI; (ii) nonconformities resulting from Your or any third party’s misuse, abuse, negligence, or improper or unauthorized use of all or any part of the Beautiful.AI Services; (iii) modification, amendment, revision, or change to the Beautiful.AI Services by any person other than Beautiful.AI; or (iv) any other factor outside of Beautiful.AI’s reasonable control.
9. LIMITATION OF LIABILITY.
NEITHER BEAUTIFUL.AI, ITS AFFILIATES OR THEIR LICENSORS ARE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, OR DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, OR ARISING FROM LOSS OF USE, CONTENT OR DATA OR ANY ACTUAL OR ANTICIPATED DAMAGES, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, AND EVEN IF BEAUTIFUL.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BEAUTIFUL.AI’S AND BEAUTIFUL.AI’S AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY FOR ANY PERMITTED DIRECT DAMAGES UNDER THIS AGREEMENT WILL BE LIMITED TO (A) THE AMOUNT OF FEES PAID OR PAYABLE BY YOU TO BEAUTIFUL.AI HEREUNDER WITH RESPECT TO THE BEAUTIFUL.AI SERVICES PURCHASED BY YOU GIVING RISE TO THE CLAIM OR LIABILITY IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR LIABILITY, OR (B) TWO HUNDRED DOLLARS IF YOU HAVE PAID NO FEES TO BEAUTIFUL.AI.
SECTION 9 ON LIMITATION OF LIABILITY AND SECTION 8 ABOVE ON WARRANTY DISCLAIMER FAIRLY ALLOCATE THE RISKS IN THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND THAT THE LIMITATIONS SPECIFIED IN THIS SECTION 9 SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THESE TERMS OR ANY LIMITED REMEDY HEREUNDER.
10. JURISDICTIONAL APPLICATION OF LIMITATIONS AND DISCLAIMERS
Some jurisdictions may not allow the exclusion and/or limitation of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, or exclusions and/or limitations on incidental, special, consequential, or other damages, so the limitations and/or exclusions set forth in Section 8 and 9 above may not apply to You. In such event, Beautiful.AI’s warranties and conditions, and liability for such damages, with respect to the Beautiful.AI Services will be limited to the greatest extent permitted by applicable law in such jurisdiction.
You will defend, indemnify, and hold harmless Beautiful.AI, Beautiful.AI’s affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to any third party claim concerning: (a) Your use of the Beautiful.AI Services (including any activities under Your account and use by Your employees and personnel); (b) breach of this Agreement or violation of applicable law by You; or (c) Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content. Beautiful.AI will promptly notify You of any claim subject to this Section, but Beautiful.AI’s failure to promptly notify You will only affect Your obligations to the extent that Beautiful.AI’s failure prejudices Your ability to defend the claim. You may: (i) use counsel of Your own choosing (subject to Beautiful.AI’s written consent) to defend against any claim; and (ii) settle the claim as You deem appropriate, provided that You obtain Beautiful.AI’s prior written consent before entering into any settlement.
12. GOVERNMENT LICENSES.
The Beautiful.AI Services licensed to You under this Agreement is "commercial computer software" as that term is described in DFAR 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.11 (Technical Data) of the Federal Acquisition Regulations (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202 of the DOD FAR Supplement and its successors.
(a) Miscellaneous. Beautiful.AI and You are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement. You will not assign this Agreement, or delegate or sublicense any of Your rights under this Agreement, without Beautiful.AI’s prior written consent. Beautiful.AI’s failure to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit Beautiful.AI’s right to enforce such provision at a later time. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect.
(b) Entire Agreement. This Agreement is the entire agreement between You and Beautiful.AI regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between You and Beautiful.AI, whether written or verbal, regarding the subject matter of this Agreement.
(c) Notice. All communications and notices to be made or given pursuant to this Agreement must be in English. Beautiful.AI may provide any notice to You under this Agreement by posting a notice in the Beautiful.AI Services or sending a message to the email address associated with Your account. You will be deemed to have received any email sent to the email address then associated with Your account when Beautiful.AI sends the email, whether or not You actually receive the email. To give Beautiful.AI notice under this Agreement, You must (1) email Beautiful.AI at firstname.lastname@example.org. By using the Beautiful.AI Services, you consent to receiving electronic communications from Beautiful.AI and you agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
(d) Choice of Law; Jurisdiction. The laws of California govern this Agreement and any dispute of any sort that might arise between You and Beautiful.AI without reference to any applicable conflict of laws rules. You consent to exclusive jurisdiction and venue of San Francisco County, California courts. Beautiful.AI may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Beautiful.AI’s, Beautiful.AI’s affiliates, or any third party’s intellectual property or other proprietary rights. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
(e) Force Majeure. Beautiful.AI is not liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond Beautiful.AI’s reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
(f) Amendments. Beautiful.AI may amend this Agreement at any time by posting a revised version on the site or by otherwise notifying You by email. The amended Agreement becomes effective as stated in Beautiful.AI's email notice message. By continuing to use the Beautiful.AI Services after the effective date of any amendment to this Agreement, You agree to be bound by the amended Agreement. Beautifu.AI last amended this Agreement on the date listed at the beginning of this Agreement.
(g) European Union Users. If you are located in the European Union, you may request a Data Processing Addendum (“DPA”) from us by contacting Beautiful.AI at email@example.com.
(h) Export. You acknowledge that the laws and regulations of the United States of America and foreign jurisdictions may restrict the export and re-export of certain commodities and technical data of United States of America origin, including the Beautiful.AI Services. You agree that You will not export or re-export the Beautiful.AI Services without the appropriate United States or foreign government licenses or permits.