Terms of Service

Beautiful Slides, Inc. (“Beautiful.ai,” “we,” “us,” and/or “our”) provides the proprietary Beautiful.ai downloadable desktop application (the “Application”) and online software platform (the “Platform”) that enables users to create, publish and share presentations (the “Service”). The term “Beautiful.ai Services” as used throughout this Terms of Service Agreement (this “Agreement”), means the Application, Platform, Documentation and Beautiful.ai Materials (each as defined in Section 2.2 below), and/or any services that Beautiful.ai provides Customer in connection with the Application and/or Platform.

As used in this Agreement, the term “Customer” means the individual, organization and/or or entity specified on the applicable order form submitted by, or on behalf of, such individual, organization and/or entity for the purchase of a subscription license to access the Beautiful.ai Services.

IMPORTANT – PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS THAT GOVERN THE USE OF THE BEAUTIFUL.AI SERVICES. BY SUBMITTING AN ORDER FORM TO PURCHASE A SUBSCRIPTION TO USE THE BEAUTIFUL.AI SERVICES, OR BY CLICKING “I ACCEPT,” “CREATE”, OR OTHERWISE PROCEEDING WITH THE USE OF THE BEAUTIFUL.AI SERVICES (OR ANY PART THEREOF), YOU: (1) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT (INCLUDING ALL OF THE TERMS AND CONDITIONS SPECIFIED OR REFERENCED BELOW); (2) REPRESENT THAT CUSTOMER IS ELIGIBLE TO ENTER INTO THIS AGREEMENT PURSUANT TO THE ELIGIBILITY REQUIREMENTS SET FORTH BELOW IN SECTION 1; (3) REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT (INCLUDING ALL OF THE TERMS AND CONDITIONS SPECIFIED OR REFERENCED BELOW), ON BEHALF OF THE CUSTOMER; AND (4) AGREE THAT CUSTOMER IS ENTERING INTO THIS AGREEMENT WITH BEAUTIFUL SLIDES, INC.

PLEASE BE ADVISED THAT BEAUTIFUL.AI DOES NOT PROVIDE WARRANTIES FOR THE BEAUTIFUL.AI SERVICES, AND THIS AGREEMENT LIMITS OUR LIABILITY. PLEASE SEE SECTIONS 7 AND 8 FOR FURTHER INFORMATION.

IF YOU AND/OR THE CUSTOMER DOES NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, OR YOU DO NOT HAVE AUTHORITY TO BIND CUSTOMER TO THIS AGREEMENT, OR CUSTOMER DOES NOT MEET THE ELIGIBILITY REQUIREMENTS, DO NOT PURCHASE A SUBSCRIPTION OR OTHERWISE ACCESS OR USE THE BEAUTIFUL.AI SERVICES, OR ANY PART THEREOF.

1. ELIGIBILITY. Customer must be at least 18 years of age or the age of majority in Customer’s jurisdiction. Customer affirms and represents and warrants that Customer is 18 years old or the age of majority in Customer’s jurisdiction, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. In addition, the Beautiful.ai Services are not intended for use by individuals under the age of 13, or the equivalent minimum age in the relevant jurisdiction. Customer must ensure, and represents and warrants, that each Authorized User (as defined in Section 3.2) is at least 13 years of age, or the equivalent minimum age in the relevant jurisdiction. Any use of or access to the Beautiful.ai Services (or any part thereof) by Customer and/or any Authorized User that does not meet the eligibility requirements set forth in this Section is strictly prohibited and is a material violation of this Agreement.

2. ACCESS AND USE OF THE BEAUTIFUL.AI SERVICES

2.1 Subscription Plans. Beautiful.ai will provide Customer and its Authorized Users access to the Beautiful.ai Services in accordance with the subscription plan purchased by Customer from Beautiful.ai (the “Subscription Plan”). Each Subscription Plan shall begin on the date Customer obtained the Subscription Plan, or on the start date specified in the applicable written or electronic order form entered into between Order Form, and continue for the applicable subscription period (e.g., monthly or annually) selected by Customer for such Subscription Plan (the “Subscription Term”). The Subscription Term shall automatically renew for successive periods equal to the initial Subscription Term, unless Customer provides us with written notice of non-renewal or termination prior to the expiration of Customer’s then-current Subscription Term.

2.2 License. Subject to Customer’s compliance with the terms and conditions of this Agreement, including payment of all applicable fees, Beautiful.ai grants Customer a personal, nonsublicensable, nonexclusive, nontransferable, limited license, solely during the Subscription Term or Trial Period (as defined in and subject to Section 2.3 below), as applicable, and subject to the permitted user seats and/or other applicable usage limits of the Subscription Plan and/or or any other restrictions specified in the Documentation, applicable order form, or in writing by Beautiful.ai regarding the scope of use of the Beautiful.ai Services by Customer and/or its Authorized Users (collectively, the “Usage Parameters”): (a) to install and execute, and permit Authorized Users to install and execute, in object code form only, the Application on computers owned and/or controlled by Customer or the applicable Authorized User, and to access and use the Beautiful.ai Services, over the internet, using the Application; (b) to access and use, and permit Authorized Users to access and use, the Beautiful.ai Services using the Platform, over the internet, and (c) use the text, graphics, images, music, audio, video, content, slides, templates, and/or materials made available by Beautiful.ai through the Platform for use by Customer in the creation of presentations (collectively, the “Beautiful.ai Materials”), solely to create presentations through the Platform, in each of the foregoing cases, solely for Customer’s internal business or personal, non-commercial purposes and in accordance with the terms of this Agreement and the applicable user manuals or documentation for the Application and/or Platform (such user manuals and documentation, the “Documentation”). Customer acknowledges and agrees that Customer will comply with all laws, rules, and regulations applicable to the use of the Beautiful.ai Services.

2.3 Trial Version. Notwithstanding Section 2.2, if Customer has obtained the Beautiful.ai Services on a trial basis (the “Trial Version”), Customer understands and agrees that the license set forth in Section 2.2 is granted to Customer 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 Customer’s own internal evaluation purposes, and subject to any and all technical limitations implemented by Beautiful.ai in the Trial Version. Customer acknowledges and agrees that if Customer has 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. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE TRIAL VERSION IS PROVIDED “AS-IS’ AND WITHOUT ANY WARRANTY WHATSOEVER OR ANY SUPPORT OR OTHER SERVICES (INCLUDING ANY UPDATES OR UPGRADES).

2.4 Restrictions and Prohibited Uses. Customer may not, and may not permit any third party (including, without limitation, any Authorized User) to: (a) modify, alter, tamper with, repair, or otherwise create derivative works of the Beautiful.ai Services or any part thereof; (b) reverse engineer, disassemble, or decompile the Beautiful.ai Services or any part thereof, 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 or any part thereof; (c) distribute, license, assign, transfer, resell, sublicense or otherwise make available to any third party the Beautiful.ai Services, or any part thereof; (d) attempt to disable or circumvent any security mechanisms used by the Beautiful.ai Services (including, without limitation, any time-control disabling functionality or other mechanisms in the Trial Version); (e) use the Beautiful.ai Services to store or transmit any malicious or unsolicited code or software, or store, transmit or upload any material and/or content that is false, inaccurate, illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, infringing, libelous, tortious, or otherwise objectionable in Beautiful.ai’s reasonable opinion, or to store, transmit or upload any material or content in violation of third-party privacy rights; (f) upload or otherwise process any infringing or malicious content to or through the Beautiful.ai Services; (g) attempt to gain unauthorized access to the Beautiful.ai Services, or any related systems or networks; (h) frame or utilize framing techniques to enclose the Beautiful.ai Services or any portion thereof; (i) use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Beautiful.ai Services or any part thereof, including, without limitation any content, or any personal information of others without Beautiful.ai’s prior written permission or authorization; (j) use the Beautiful.ai Services to hack, spam, or phish Beautiful.ai or any third party (including, without limitation Beautiful.ai’s other users); (k) impersonate any person or entity, use a fictitious name, or falsely state or otherwise misrepresent Customer’s affiliation with any person or entity, including without limitation, Customer or Beautiful.ai; (l) remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of Beautiful.ai or its suppliers on or within the Beautiful.ai Services; or (m) access or use the Beautiful.ai Services in violation of any applicable local, state, national or international laws, rules or regulations. The Beautiful.ai Services, Platform and/or Application may have storage and other limitations.

2.5 Open Source Components. The Application and/or Platform may contain third party open source software components (“Open Source Components”). Such Open Source Components are not licensed under this Agreement, but are instead licensed under the terms of the applicable open source license. Customer’s use of each Open Source Component is subject to the terms of each applicable license which are available to Customer on request from Beautiful.ai. Notwithstanding any provision herein to the contrary, Customer is solely responsible for its compliance with such licenses. As used in this Agreement, the terms “Application” and “Platform” do not include Open Source Components.

2.6 AI Features. The Platform enables the use of certain generative artificial intelligence (AI), large language models (LLMs), and other machine learning (ML) functionality (“AI Features”), which may be developed and owned by Beautiful.ai or third parties. Certain AI Features provided by third parties may be subject to additional terms, conditions or policies (collectively, “AI Policies”). Customer agrees to and shall ensure its Authorized Users use the AI Features in accordance with the authorized use of the Platform as set forth in this Agreement and any applicable AI Policies. Beautiful.ai’s current list of third party AI Features and any applicable AI Policies are available at [Insert URL]. Customer acknowledges, understands and agrees that: (a) artificial intelligence and machine learning are rapidly evolving fields of study, (b) given the probabilistic nature of machine learning, use of the AI Features may in some situations result in incorrect output that does not accurately reflect real people, places, or facts, or conform to Customer’s specifications, prompts or requirements, and (c) Customer is responsible for evaluating the accuracy of any output generated by or on behalf of Customer’s and its Authorized Users’ through the AI Features (“Output”) as appropriate for Customer’s use case, including by using manual human review of the Output. Without limitation to Section 2.4, Customer agrees that it will not, and it will not permit any of its Authorized Users or other person to: (i) use the AI Features or any Output to develop, train, or improve any AI, LLMs, or ML models (separate from authorized use of the Platform under this Agreement); (ii) represent any Output as being approved or vetted by Beautiful.ai, the third party providers of the AI Features, or their respective affiliates, personnel, service providers, agents, or representatives; or (iii) represent any Output as being an original work or a wholly human-generated work. ALL OUTPUT IS GENERATED THROUGH MACHINE LEARNING PROCESSES AND IS NOT TESTED, VERIFIED, ENDORSED OR GUARANTEED TO BE ACCURATE, COMPLETE OR CURRENT BY BEAUTIFUL.AI. CUSTOMER IS SOLELY RESPONSIBLE FOR VERIFYING THAT ALL OUTPUT IS ACCURATE AND APPROPRIATE FOR ANY AND ALL OF CUSTOMER’S AND ITS AFFILIATES’ AND AUTHORIZED USERS’ USE CASES OR APPLICATIONS.

2.7 Third Party Integrations. The Platform may offer integrations that enable Customer the ability to connect with or use certain third party products, applications, services, or software through or in connection with the use of the Platform (collectively, “Third Party Integrations”). If Customer decides to access and use such Third Party Integrations, Customer’s use of such Third Party Integrations is governed solely by the terms and conditions, terms of use, terms of service, or similar end user agreements, and any other applicable policies governing the use of such Third Party Integrations. Beautiful.ai does not endorse, is not responsible for, and makes no representations as to such Third Party Integrations, their content or the manner in which they handle Customer’s and/or its Authorized Users’ data, including, any Customer Data or Customer Content that Customer or its Authorized Users transmit through the Third Party Integrations. Beautiful.ai is not liable for any damage or loss caused or alleged to be caused by or in connection with Customer’s and/or any Authorized Users’ access or use of any such Third Party Integrations, or Customer’s reliance on the privacy practices or other policies of such Third Party Integrations. BEAUTIFUL.AI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCTS OR SERVICES ADVERTISED OR OFFERED THROUGH, OR IN CONNECTION WITH, THE BEAUTIFUL.AI SERVICES (INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY INTEGRATIONS), AND BEAUTIFUL.AI WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN CUSTOMER AND ANY THIRD-PARTY PROVIDERS OF SUCH THIRD PARTY PRODUCTS OR SERVICES AND/OR THIRD PARTY INTEGRATIONS.

2.8 Security. Beautiful.ai shall implement and maintain appropriate industry-standard technical and organizational security measures reasonably designed to prevent unauthorized access to and disclosure of unencrypted Customer Data.

2.9 Suspension. Beautiful.ai may suspend, terminate, or otherwise deny Customer’s or any Authorized User’s access to or use of all or any part of the Beautiful.ai Services, without incurring any resulting obligation or liability, if: (a) Beautiful.ai receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires Beautiful.ai to do so; or (b) Beautiful.ai believes, in its good faith and reasonable discretion, that (i) Customer or any Authorized User has accessed or used the Beautiful.ai Services beyond the scope of the rights granted or for a purpose not authorized under this Agreement; (ii) Customer or any Authorized User is, has been, or is likely to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with any of the Beautiful.ai Services; (iii) such access and use poses an imminent security risk or an imminent risk to the Beautiful.ai Services and/or Beautiful.ai’s systems, servers, infrastructure and/or networks, or will interfere materially with the proper continued operation of the Beautiful.ai Services; (c) Customer or any of its Authorized Users posts, submits, or otherwise provides Customer Content or engages in behavior in any manner in violation of this Agreement, including, without limitation, the IP Policy and/or any codes of conduct or other applicable policies made available to Customer through the Beautiful.ai Services or otherwise, or in a manner that Beautiful.ai deems to be unacceptable (in its sole discretion); or (d) this Agreement, or any applicable Subscription Term, expires or is terminated. This Section 2.9 does not limit any of Beautiful.ai’s other rights or remedies, whether at law, in equity, or under this Agreement.

2.10 Monitoring and Removal of Customer Content. Customer acknowledges that Beautiful.ai has no obligation to monitor or pre-screen Customer Content, although Beautiful.ai reserves the right in its sole discretion to pre-screen, refuse, or remove any Customer Content, and Customer hereby provides its irrevocable consent to such monitoring. Customer acknowledges and agrees that, if Customer elects to use certain features of the Beautiful.ai Services that permit Customer to make Customer Content publicly available, Customer has no expectation of privacy concerning the transmission of such Customer Content. Without limiting the foregoing, (a) Beautiful.ai shall have the right to remove any Customer Content that, in Beautiful.ai’s sole discretion, (i) violates this Agreement, including without limitation the IP Policy and/or any codes of conduct or other applicable policies made available to Customer through the Beautiful.ai Services or otherwise, or (ii) is otherwise objectionable; and (b) Customer acknowledges and agrees that Beautiful.ai may preserve Customer Content and may also disclose Customer Content if required to do so by law or if, in Beautiful.ai’s good faith belief, such preservation or disclosure is reasonably necessary to: (1) comply with legal process, applicable laws or government requests; (2) enforce this Agreement; (3) respond to claims that Customer Content violates the rights of third parties; or (4) protect the rights, property, or personal safety of Beautiful.ai and/or its shareholders, affiliates, and licensors, and the public. This Section 2.10 does not limit any of Beautiful.ai’s other rights or remedies, whether at law, in equity, or under this Agreement.

3. CUSTOMER OBLIGATIONS

3.1 Accounts. To access and use the Beautiful.ai Services, Customer is required to register an account (“Account”). Each Authorized User shall be required to register as an authorized user of Customer’s Account. Customer agrees to, and shall ensure that its Authorized Users, provide and maintain up to date information that is true, accurate, current, up to date, and complete. Customer agrees that it will not, and will not permit any Authorized User or other third party to: (a) create an Account or sign up to access the Beautiful.ai Services using a false identity or fictitious name or information, and/or (b) create an Account or use the Beautiful.ai if Customer has been previously removed or banned from use of the Beautiful.ai Services, or any part thereof. Customer understands and agrees that Customer is solely responsible for maintaining the confidentiality of and protecting Customer’s and its Authorized User’s password for the Account. Customer is solely responsible for any activity originating from Customer’s Account, including, without limitation, any of its Authorized Users’ Accounts, regardless of whether such activity is authorized by Customer. Customer agrees to notify Beautiful.ai immediately of any unauthorized use of or access to Customer’s Account or the Accounts of any of its Authorized Users.

3.2 Administrators; Authorized Users. Customer may designate an administrator or administrators (each, an “Administrator”) to administer and manage Customer’s Account, which includes, without limitation, the right to invite Customer’s employees, contractors, and/or agents, to access and use the Beautilful.AI Services as an authorized user under Customer’s Account (“Authorized User”). For the avoidance of doubt, the term “Authorized Users” as used in this Agreement, includes Administrators. In addition, an Administrator may set certain permissions and access rights to each Authorized User (“Permissions”). Customer acknowledges and agrees that depending on the Permissions granted to an Authorized User, such Authorized User may (a) subsequently invite or enable other Authorized Users with the same access and ability to use the Beautiful.ai Services, and such additional Authorized User will be deemed an Authorized User of the Account; and/or (b) have the ability to view Customer Data that is connected to the Account. Customer acknowledges and agrees that Customer is solely responsible and liable for inviting Authorized Users and the Permissions granted to Authorized Users by the Administrator(s) of the Account. Customer shall not permit any person other than Authorized Users to access and use the Service, and shall ensure that Authorized Users use the Beautiful.ai Services solely in accordance with this Agreement. Customer acknowledges and agrees that Customer is solely responsible for the use of the Beautiful.ai Services by Authorized Users, and any breach of this Agreement by any Authorized User will be deemed a breach by Customer.

3.3 Customer Data. Customer understands and agrees that Beautiful may collect data and information, which may include Personal Data (as defined in Section 3.4 below), in connection with Customer’s and/or its Authorized User’s use of the Service (collectively, “Customer Data”). Customer grants to Beautiful.ai a non-exclusive, royalty-free, fully-paid, worldwide license, under all of Customer’s intellectual property and proprietary rights, to any and all Customer Data reasonably necessary for Beautiful.ai to provide Customer the Beautiful.ai Services hereunder. “Customer Data” does not include Usage Data.

3.4 Personal Data. Customer acknowledges and agrees that, as between the parties, with respect to the collection, transmission, disclosure, processing and/or use of any personally identifiable data and/or information through or in connection with the use of the Beautiful.ai Services (“Personal Data”), that is subject to any applicable laws, rules, or regulations pertaining to data privacy or data security (“Data Protection Laws”), Customer is the data controller and Beautiful.ai is merely a data processor and/or service provider as such terms are defined pursuant to Data Protection Laws. Customer represents and warrants that with respect to any Customer Data (including, without limitation, Personal Data) transmitted, hosted, stored or processed, or otherwise provided by Customer and/or its Authorized Users to Beautiful.ai in connection with the use of the Beautiful.ai Services, that: (a) Customer is in compliance with all Data Protection Laws, and (b) Customer has made all disclosures to, and obtained all permissions and/or approvals from, each applicable data source as may be necessary or required to transmit such data through the Beatiful.AI Services. Personal Data provided or collected through or in connection with the use of the Beautiful.ai Services shall only be used in accordance with this Agreement and our Privacy Policy. Customer agrees to execute and/or enter into any documents, agreements, statements, or policies reasonably deemed necessary or appropriate by Beautiful.ai to comply with any Data Protection Laws with respect to any Personal Data. Without limiting the foregoing, if Customer is located in the European Union, Customer may request a Data Processing Addendum (“DPA”) from us by contacting Beautiful.ai at privacy@beautiful.ai.

3.5 Customer Content. Customer is solely responsible for the development, content, operation, maintenance, and use of any, content, materials, presentation slides, and/or any other information submitted, uploaded, generated or provided by or on behalf of Customer and/or any Authorized Users in connection with the use of the Beautiful.ai Services (collectively, “Customer Content”). Customer shall ensure that Customer Content, and the use of it by Customer and Authorized Users, complies with this Agreement and any applicable laws, rules or regulations. Customer hereby grants to Beautiful.ai a non-exclusive, royalty-free, worldwide license to use (including through the use of subcontractors) the Customer Content solely to the extent reasonably necessary for Beautiful.ai to provide Customer the Beautiful.ai Services and other services hereunder. “Customer Content” does not include the Beautiful.ai Materials.

3.6 Responsibility. Customer is responsible for its secure use of the Beautiful.ai Services, including, without limitation, protecting account authentication credentials, and taking steps to maintain appropriate security, protection and backup of Customer Data and Customer Content. Customer acknowledges and agrees that Customer is solely responsible for Customer Content, including its legality, reliability, accuracy and appropriateness, and determining who will receive access or copies to Customer Content. Customer further represents and warrants that : (a) Customer or its licensors own all right, title, and interest in and to Customer Content; (b) Customer has all necessary rights and/or authorizations to grant the license to Beautiful.ai to Customer Content and Customer Data contemplated by this Agreement; and (c) none of the Customer Content and/or Customer Data violates this Agreement, any applicable law or any third party’s intellectual property, privacy, or other right.

3.7 Sensitive and Restricted Data. Customer will not provide (or cause or permit to be provided) any Sensitive Data to Beautiful.ai for processing under the Agreement, and Beautiful.ai will have no liability whatsoever for Sensitive Data, whether in connection with a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to unencrypted Customer Data, or otherwise. “Sensitive Data” means (a) social security number, tax file number, passport number, driver’s license number, or similar identifier (or any portion thereof); (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card); (c) employment, financial, credit, genetic, biometric or health information; (d) racial, ethnic, political or religious affiliation, trade union membership, information about sexual life or sexual orientation, or criminal record; (e) account passwords; (f) other information that falls within the definition of “special categories of data” under applicable Data Protection Laws; and/or (g) and any other data Customer does not have the right to process.

4. FEES & PAYMENT TERMS

4.1 Fees. Customer shall pay the applicable fees, if any, for the Subscription Plan obtained by Customer. Except as otherwise set forth in this Agreement, the fees payable by Customer for the Subscription Plan will remain fixed during the Subscription Term unless Customer (a) exceeds the Usage Parameters, (b) upgrades the Subscription Plan and/or increases the Usage Parameters, and/or (c) subscribes to additional features or products. In the event a price change applies, Customer will be charged at the start of the next billing cycle for such additional fees. For the avoidance of doubt, Customer acknowledges and agrees that any downgrade to the Subscription Plan shall not take effect until the next renewal date of the applicable Subscription Term, regardless of Customer’s 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). Subscription Plans shall renew at Beautiful.ai’s then-current pricing for such Subscription Plan.

4.2 Payment Terms. All fees are due and payable by Customer in advance, unless otherwise expressly and mutually agreed to by Customer and Beautiful.ai in writing. Customer expressly agrees that Beautiful.ai is permitted to bill Customer the applicable fees, any applicable tax and any other charges Customer may incur with Beautiful.ai in connection with such Subscription Plan, and Customer hereby authorizes Beautiful.ai to charge the fees to the credit card, or other payment method, Customer provides at the time the Subscription Plan is purchased, 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 Customer for any reason in advance, Beautiful.ai reserves the right to suspend or terminate Customer’s and its Authorized User’s access to the Beautiful.ai Services, downgrade the Subscription Plan and/or terminate this Agreement.

4.3 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 Customer is and shall 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.

5. PROPRIETARY RIGHTS

5.1 Beautiful.ai Proprietary 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 and/or its licensors shall own and retain all rights, title and interest in and to (a) the Beautiful.ai Services, including, without limitation, the Platform, Application, Beautiful.ai Materials, and Documentation, (b) Usage Data, and (c) any and all modifications, enhancements and updates to the foregoing. There are no implied rights. Beautiful.ai reserves all rights not expressly granted herein.

5.2 Customer Proprietary Rights. As between the parties, Customer shall retain all right, title and interest in and to the Customer Data and, subject to Beautiful.ai’s rights in and to the Beautiful.ai Materials, the Customer Content (including, the presentations created by Customer via the Service and Output based specifically on Customer Content. Any Output based on Beautiful.ai Materials shall be deemed “Beautiful.ai Materials” and licensed to Customer pursuant to the license granted below. Customer acknowledges and agrees that due to the nature of machine learning, Output may not be unique to Customer, and the AI Features may generate the same or similar output for Beautiful.ai’s other customers. If Customer incorporates any Beautiful.ai Materials into the presentations it creates via the Service, Beautiful.ai grants to Customer a limited, non-exclusive, personal, perpetual, and irrevocable (except as otherwise expressly set forth in Section 6.3(b) below), license, to use, copy, and reproduce, the Beautiful.ai Materials solely as and to the extent incorporated into such presentations and solely to the extent necessary in connection with Customer’s use of such presentations.

5.3 Feedback. Customer acknowledges that any ideas, inventions, suggestions for improvement or discussions submitted by Customer and/or its Authorized Users regarding any aspect of the Beautiful.ai Services, including, without limitation, the functioning, features, and other characteristics thereof (or any component thereof) (all of the foregoing, collectively, “Feedback”) may be used by Beautiful.ai without compensation or attribution to Customer or any Authorized User, and Customer hereby grants to Beautiful.ai, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all intellectual property rights in and to the Feedback for Beautiful.ai to use for any purpose.

5.4 Usage Data. Beautiful.ai may collect Usage Data and use it to operate, improve, and support the Beautiful.ai Services and for other lawful business practices. However, Beautiful.ai will not disclose Usage Data externally unless it is (a) de-identified so that it does not identify Customer, its Authorized Users or any other person and (b) aggregated with data across other customers. “Usage Data” means Beautiful.ai’s technical logs, metrics, and analytics regarding the performance, use and operation of the Beautiful.ai Services, but excluding Customer Content.

6. TERM; TERMINATION; CHANGES TO THE SERVICES

6.1 Term. The term of this Agreement commences when Customer accepts this Agreement (such as by creating an account) and will remain in effect during the Subscription Term (including any renewal thereof), or until terminated in accordance with this Agreement (whichever is sooner).

6.2 Termination. (a) Customer may terminate this Agreement and its Account, at any time, by submitting its request to Beautiful.ai by contacting us at: support@beautiful.ai; provided, however, any prepaid fees for the Beautiful.ai Services will not be refunded and any unpaid fees for the remainder of the Subscription Term shall become immediately due and payable. (b) Either party may terminate this Agreement immediately upon written notice to the other party if the other party breaches its obligations under this Agreement and does not remedy such breach within thirty (30) days of the date on which the breaching party receives written notice of such breach from the non-breaching party. (c) Notwithstanding the foregoing, if Beautiful.ai, in good faith, believes that Customer and/or any Authorized User has used the Beautiful.ai Services (or any part thereof) in violation of Section 2.4 or 2.6 of this Agreement, Beautiful.ai may, in its discretion, (a) suspend or terminate Customer’s and/or any Authorized User’s right to access or use the Beautiful.ai Services (or any part thereof), with or without notice, and/or (b) terminate this Agreement with respect to Customer immediately upon written notice.

6.3 Effect of Termination. (a) Upon termination of this Agreement for any reason (i) the rights and licenses granted to Customer’ under this Agreement immediately terminate and Customer shall cease, and ensure its Authorized Users cease, using the Beautiful.ai Services, Platform and Application, and (ii) all fees for the remainder of Customer’s Subscription Plan as of the effective date of termination shall immediately become due and payable. (b) Upon termination of this Agreement by Beautiful.ai pursuant to Section 6.2(b), the licenses granted to Customer in Section 5.2 with respect to Beautiful.ai Materials shall immediately terminate, and Customer shall immediately cease, and ensure its Authorized Users’ cease, any and all use of the Beautiful.ai Materials, and Customer shall destroy all copies of Beautiful.ai Materials in its possession or control. (c) Customer is solely responsible for deleting or retrieving Customer Content from the Beautiful.ai Services prior to termination for any reason. If Beautiful.ai terminates Customer’s Account or this Agreement for any reason other than for Customer’s or any of its Authorized Users’ breach of the Agreement, Beautiful.ai will provide Customer with a reasonable opportunity to retrieve Customer’s presentation data from the Beautiful.ai Services; provided that, Customer submits a written request to retrieve such data by email to Beautiful.ai within seven (7) days after Customer receives notice regarding such termination. In any event, Customer’s presentation data will be deleted from the Beautiful.ai Services no earlier than fourteen (14) days after such termination notice has been sent to Customer. In no event shall Beautiful.ai be obligated or liable to provide access to the Customer to the Beautiful.ai Services for retrieval of Customer Content and/or Customer Data if Beautiful.ai terminates this Agreement pursuant to Section 6.2.

The following Sections shall survive any termination or expiration of this Agreement: 1, 2.4, 2.5, 2.7, 3.2, 3.6, 4, 5, 6.3, 7, 8, 9, 10, 11, 12, 13, and 14.

6.4 Changes to the Services. Customer understands and agrees that Beautiful.ai may change, suspend or discontinue any part of the Beautiful.ai Services and/or the Beautiful.ai Services as a whole. Beautiful.ai will notify Customer of any material change to or discontinuation of the Beautiful.ai Services by email or via Beautiful.ai’s website. Customer acknowledges and agrees that Beautiful.ai will not be liable to Customer or to any third party (including, without limitation, any Authorized User) for any modification, suspension or discontinuance of the Beautifil.AI Services (or any part thereof).

7. WARRANTY DISCLAIMER. THE BEAUTIFUL.AI SERVICE (AND ANY PART THEREOF), AND ANY OTHER MATERIALS, CONTENT, OR SERVICES PROVIDED OR MADE AVAILABLE BY BEAUTIFUL.AI, ARE PROVIDED "AS IS" AND "AS AVAILABLE". BEAUTIFUL.AI AND ITS LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, OR NON-INFRINGEMENT. BEAUTIFUL.AI AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY GUARANTEE THAT DEFECTS WILL BE CORRECTED OR THAT THE BEAUTIFUL.AI SERVICES (OR ANY PART THEREOF), OR ANY OTHER MATERIALS, CONTENT, AND/OR SERVICES PROVIDED BY BEAUTIFUL.AI OR MADE AVAILABLE THROUGH BEAUTIFUL.AI SERVICES: (A) WILL MEET CUSTOMER’S OR ANY AUTHORIZED USER’S REQUIREMENTS; (B) WILL BE COMPATIBLE WITH CUSTOMER’S OR ITS AUTHORIZED USERS’ NETWORK, COMPUTER OR MOBILE DEVICE, OR ANY THIRD PARTY PRODUCTS OR SERVICES (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY INTEGRATIONS); (C) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (D) WILL BE ACCURATE OR RELIABLE. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USE OF THE BEAUTIFUL.AI SERVICES, AND ALL RESULTS OF SUCH USE IS SOLELY AT CUSTOMER’S OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER AND/OR ANY AUTHORIZED USER FROM BEAUTIFUL.AI OR ANY THIRD PARTY, SHALL CREATE ANY WARRANTY.

8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) NEITHER PARTY SHALL BE 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; AND (B) EACH PARTY’S TOTAL AGGREGATE LIABILITY FOR ANY PERMITTED DIRECT DAMAGES UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF: (I) THE AMOUNT OF FEES PAID OR PAYABLE BY CUSTOMER TO BEAUTIFUL.AI HEREUNDER WITH RESPECT TO THE BEAUTIFUL.AI SERVICES GIVING RISE TO THE CLAIM OR LIABILITY IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR LIABILITY, OR (II) TWO HUNDRED DOLLARS ($200.00). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO (A) CUSTOMER’S MISUSE OF BEAUTIFUL.AI’S INTELLECTUAL PROPERTY, (B) CUSTOMER’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 11.2 (CUSTOMER INDEMNITY), (C) A PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUDULENT MISREPRESENTATION, OR (D) CUSTOMER’S BREACH OF SECTION 3.7 (SENSITIVE AND RESTRICTED DATA). THE LIMITATIONS SPECIFIED IN THIS SECTION 8 SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THESE TERMS OR ANY LIMITED REMEDY HEREUNDER. BEAUTIFUL.AI DISCLAIMS ALL LIABILITY OF ANY KIND OF ITS AFFILIATES, LICENSORS AND SUPPLIERS.

9. 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 7 and 8 above may not apply to Customer. 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.

10. BASIS OF THE BARGAIN. The warranty disclaimer and limitation of liability set forth above in Sections 7 and 8 are fundamental elements of the basis of the agreement between Beautiful.ai and Customer. Beautiful.ai would not be able to provide the Services on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Beautiful.ai’s suppliers.

11. INDEMNIFICATION

11.1 Beautiful.ai Indemnity. Beautiful.ai will defend at its own expense any claim or action against Customer brought by a third party to the extent that the action is based upon a claim that the Platform and/or Application infringes any copyrights or misappropriates any trade secrets of such third party, and Beautiful.ai will pay those costs (including reasonable attorneys’ fees) and damages finally awarded against Customer in any such action that are specifically attributable to such claim or those costs (including reasonable attorneys’ fees) and damages agreed to by Beautiful.ai in a monetary settlement of such action. If the Platform and/or Application becomes, or in Beautiful.ai’s opinion is likely to become, the subject of an infringement claim, Beautiful.ai may, at its option and expense, either: (a) procure for Customer the right to continue exercising the rights licensed hereunder; and/or (b) replace or modify the Platform and/or Application, as applicable, so that it becomes non-infringing. Notwithstanding the foregoing, Beautiful.ai will have no obligation under this Section or otherwise with respect to any infringement or misappropriation claim: (i) based upon the use of a superseded release of the Platform and/or Application, if the claim would have been avoided by the use of the current release, (ii) based upon any modification of the Platform and/or Application by any person other than Beautiful.ai, (iii) based upon the use, operation, or combination of the Platform and/or Application with software programs, data, equipment, materials or business processes not provided by Beautiful.ai, or (iv) based upon the Customer Content or Customer Data. THIS SECTION STATES BEAUTIFUL.AI’S ENTIRE LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR INFRINGEMENT AND MISAPPROPRIATION CLAIMS AND ACTIONS.

11.2 Customer Indemnity. Customer shall 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: (a) Customer’s and its Authorized Users’ use of the Beautiful.ai Services (including any activities under Customer’s Account and/or Authorized Users’ Accounts); (b) Customer’s and/or any Authorized User breach of this Agreement or any license applicable to any Open Source Components, (c) Customer’s violation of applicable law, rules or regulations, including, without limitation, any Data Protection Laws; (d) Customer Content, or the combination of Customer Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Customer Content or by the use, development, design, production, advertising or marketing of Customer Content; (e) Customer Data; or (f) arising from Customer’s or its Authorized Users’ use of any Third Party Integrations (including, any AI Features).

11.3 Procedure. The indemnified party shall (a) promptly notify the indemnifying party in writing of the claim (a delay in providing notice does not excuse these indemnity obligations unless the indemnifying party is prejudiced by such delay), (b) give the indemnifying party sole control of the defense of the claim (and in any related settlement negotiations), and (c) cooperate and, at the indemnifying party’s request and expense, assist in such defense. The indemnified party may participate in the defense of the claim using its own counsel (at its own expense). The indemnifying party may not settle the claim without the indemnified party’s consent if such settlement imposes a payment or other obligation on the indemnified party.

12. EXCLUSIONS. Customer acknowledges and agrees that Beautiful.ai will have no responsibility or liability of any kind under this Agreement, arising or resulting from: (a) problems caused by failed Internet connections or other hardware, software or equipment which is not owned, controlled or operated by Beautiful.ai; (b) nonconformities resulting from Customer’s, any Authorized Users’, or any third party’s misuse, abuse, negligence, or improper or unauthorized use of all or any part of the Beautiful.ai Services; (c) modification, amendment, revision, or change to the Beautiful.ai Services (or any part thereof) by any person other than Beautiful.ai; or (d) any other factor outside of Beautiful.ai’s reasonable control.

13. GOVERNMENT LICENSES. The Platform and Application, and any related Documentation, licensed to Customer 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.

14. GENERAL

14.1 Miscellaneous. Beautiful.ai and Customer 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. Customer may not assign this Agreement, or delegate or sublicense any of its rights under this Agreement, without Beautiful.ai’s prior written consent. Beautiful.ai may freely assign this Agreement and its rights and obligations hereunder. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 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.

14.2 Entire Agreement. This Agreement is the entire agreement between Customer and Beautiful.ai regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between Customer and Beautiful.ai, whether written or verbal, regarding the subject matter of this Agreement.

14.3 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 Customer under this Agreement by posting a notice in the Beautiful.ai Services or sending a message to the email address associated with the Customer’s Account. Customer will be deemed to have received any email sent to the email address then associated with Customer’s Account when Beautiful.ai sends the email, whether or not Customer actually receive the email. To give Beautiful.ai notice under this Agreement, Customer must email Beautiful.ai at support@beautiful.ai. By using the Beautiful.ai Services, Customer consents to receiving electronic communications from Beautiful.ai and Customer agrees that any notices, agreements, disclosures or other communications that we send Customer electronically will satisfy any legal communication requirements, including that such communications be in writing.

14.4 IP Policy. If Customer believes that any content made available through or in connection with the Beautiful.ai Services violates Customer’s copyright or trademark rights, please see our IP Policy for instructions on sending us a notice of copyright and/or trademark infringement.

14.5 Choice of Law; Jurisdiction. The laws of California govern this Agreement and any dispute of any sort that might arise from or relate to this Agreement, without reference to any applicable conflict of laws rules. Customer consents 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.

14.6 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, war, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine, shelter in place or other orders and/or restrictions.

14.7 Amendments. Beautiful.ai reserves the right to update or modify this Agreement at any time. The revised version of this Agreement will be posted on our site at https://www.beautiful.ai/terms-of-service (the “Site”). Except as stated below with respect to material changes, all updates and modifications to this Agreement will be effective from the day they are posted, as indicated by the “Last Updated” date set forth above. If Beautiful.ai makes any material changes to this Agreement, Beautiful.ai will provide reasonable prior notice to Customer of these changes by sending a notification to the email address Beautiful.ai has on file for Customer, or, if Beautiful.ai does not have an email address on file, by posting a prominent notice on Beautiful.ai’s website and/or through the user interface of the Beautiful.ai Services. Material changes to this Agreement will become effective on the date set forth in the notice. It is Customer’s responsibility to regularly visit and review this Agreement for updates, changes, and modifications. If Customer does not agree to any updates or modifications to this Agreement, Customer must terminate its Account as set forth in Section 6.2(a) above and cease all use and access of the Beautiful.ai Services. Customer’s and/or any of its Authorized Users’ continued access or use of the Beautiful.ai Services (or any part thereof) after the applicable effective date of the revised Agreement will constitute Customer’s acceptance of the revised Agreement.

14.8 Export. Customer acknowledges 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. Customer agrees that Customer will not export or re-export the Beautiful.ai Services without the appropriate United States or foreign government licenses or permits.

15. QUESTIONS AND ADDITIONAL INFORMATION. Please feel free to contact us at support@beautiful.ai with any questions about this Agreement.