Terms & Conditions

[Last Updated 28 April 2024]

These Terms of Service ("Terms") are a binding agreement between you and Powerbeans LTD ("Powerbeans," "we," "us," or "our"). By accessing or using our Services, you agree to comply with these Terms.

1. Scope and Acceptance
‍
These Terms govern your use of:
Our website at powerbeans.ai and all related web pages and social media pages (the "Website").
Services and products available via the Website or our APIs (collectively, the "Services").

If you do not agree to these Terms, do not use our Services. By using the Website, you agree to all related terms, including those about trademarks. If you disagree with these terms, do not use the Website.We may specify different or additional terms, policies, or rules for certain Services, which will become part of your agreement with us upon use. If there is a conflict between these Terms and any additional terms, the additional terms will apply.

2. Changes to Terms
‍
We may update these Terms, indicated by the "Last Updated" date above. If changes are made, we will notify you via updated terms on our digital platforms. Unless stated otherwise, changes are effective immediately. Continued use of the Services after notice constitutes acceptance of the changes. If you disagree with the new terms, you must stop using our Services immediately.

3. Eligibility and Use Restrictions
‍
(a) Age: You must be at least 18 years old (or the age of legal majority in your location) to use our Services.
(b) Authorization: If you use our Services on behalf of another person or entity, you must be authorized to accept these Terms on their behalf, and both you and that entity are responsible for compliance.
(c) Use Restrictions: Your use of the Services must comply with these Terms. Prohibited actions include duplicating, altering, reverse engineering, or disassembling any part of the website or its content, creating a browser or border environment around the website, interfering with the rights of other users, disrupting website operation, circumventing technological protection measures, exploiting the website for commercial purposes, and using the website for illegal purposes.

4. Personal Data

(a) You may provide or we may collect certain information about you when you use our Services. You agree to receive communications from Powerbeans at the contact information you provide.

(b) If you agree to these terms on behalf of an entity, the Data Processing Agreement will govern our processing of personal data within the content you input. Powerbeans may use personal data for billing, account management, data analysis, technical support, product development, AI model improvement, and legal compliance.

5. Accounts

You may need to create an account to use some Services. You must keep your account credentials secure and promptly update your account information if it changes. Unauthorized use of your account must be reported to us immediately. If your account is terminated, unused credits related to the Services will be forfeited.


6. Content and Licensing

(a) Inputs and Outputs: You may provide content as input ("Input") and receive content as output ("Output") from the Services. Your use of Inputs and Outputs is subject to our Prohibited Use Policy.

(b) Voice Licensing: For services involving voice cloning, you must have the proper license for any voice or image you provide. Powerbeans has no further obligations if it provides generic voices.

(c) Rights to Inputs: You retain rights to your Input, except for the license you grant us.

(d) License to Input: You grant Powerbeans a perpetual, nonexclusive, royalty-free, worldwide, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly perform and display your Input to provide, improve, and develop Services. To revoke this license, email legal@powerbeans.ai.

(e) Licence to output: You grant Powerbeans licensing rights to the output. The terms of use limit the client to use the output only on the powerbeans player or any other distribution provided by powerbeans as video player or third party sites as specified in the contracts between client and the company.  To revoke this license, email legal@powerbeans.ai.

(f) Necessary Rights: You must have all necessary rights to provide Inputs and create Outputs, ensuring our use does not violate any rights or cause harm.(g) Data Deletion and Opt-Out: Request personal data deletion or opt-out of using your Content to improve Services by emailing legal@powerbeans.ai. Opting out does not affect prior use.

(h) Moderation: We may monitor and remove Content that violates laws or these Terms, suspend access, take necessary actions for compliance, and cooperate with law enforcement.

7. Intellectual Property

(a) Ownership: The Services and all intellectual property rights are owned by Powerbeans or its licensors. Except as stated, all rights are reserved.
(b) Limited License: We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our Services as authorized.
(c) Trademarks: "Powerbeans" and related logos are our trademarks. Unauthorized use is prohibited. Other trademarks mentioned are the property of their respective owners.
(d) Feedback: Any feedback provided may be used by us for any purpose without compensation or acknowledgment. Powerbeans will exclusively own any improvements or inventions based on feedback.

8. Payments
‍
(a) Payments must be made via wire transfer, ACH, SWIFT, or credit card. You authorize us to charge your payment method for all charges incurred under these Terms. You are responsible for all transaction fees, taxes, and shipping costs. If legal action is needed to collect due balances, you will reimburse us for all related expenses, including legal fees.
(b) Reservation of Rights: We may impose conditions, bar users, alter payment options, and refuse services without prior notice.

9. Copyright Complaints

(a) DMCA Policy: We terminate accounts of users who infringe intellectual property rights in accordance with the DMCA.
(b) Reporting Infringement: Report copyright infringement to legal@powerbeans.ai. Ensure compliance with Section 512(c)(3) of the DMCA to make your notice effective.

10. Website Availability and Changes

We may modify or discontinue the website and its content at any time without notice. We do not guarantee website functionality or availability and disclaim responsibility for errors or accessibility issues.

11. Third-Party Services and Content

(a) Our Services may rely on third-party products and services, which are beyond our control and may impact our Services.
(b) We may provide information or links to third-party content and services, which are solely between you and the third party.
(c) We may block or disable access to third-party content or services at any time. You are responsible for obtaining and maintaining necessary equipment and services to use our Services.

12. Limitation of Liability
‍
We are not liable for any direct, indirect, incidental, special, consequential, or other damages arising from your use of the website. Certain jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so these limitations may not apply to you. Our total liability is limited to USD 1000.

13. Disclaimers

Use of our Services is at your own risk. Our Services are provided "as is" and "as available" without warranties of any kind. Powerbeans disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant the accuracy, completeness, reliability, or error-free access to our Services.

14. Modifying and Terminating Our Services

We may modify, impose limits on, replace, upgrade, update, suspend, or terminate all or part of our Services at any time without liability or additional notice. All changes are governed by these Terms unless stated otherwise. We are not responsible for any loss or harm related to your inability to access or use our Services.

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of London, United Kingdom. Any disputes will be resolved in the courts of London, United Kingdom.

16. Miscellaneous

(a) Failure to enforce any right or provision does not constitute a waiver. These Terms represent the entire agreement and supersede all prior agreements and understandings. These Terms are intended solely for the parties and do not confer third-party beneficiary rights.
(b) Section titles are for convenience only. Lists following "including" or "e.g." are not exhaustive. Monetary amounts are in U.S. dollars. URLs refer to successor URLs and related content.
(c) If any part of these Terms is found unenforceable or unlawful, it will be severed without impacting the remainder of the Terms. Severed provisions may be revised to render them enforceable.
(d) For questions or complaints, email legal@powerbeans.ai. Note that email communications may not be secure; do not include payment information.

By using our Services, you acknowledge and agree to these Terms.