Terms of Service

1.1 Provision of Access

Virse provides a suite of AI‑powered design tools that help creative professionals research, ideate, generate, and edit images, video, 3‑D models, text, and other content. Subject to your continuous compliance with these Terms, Virse grants you a limited, non‑exclusive, non‑transferable, revocable right to access and use the Service for your internal business or personal purposes.

1.2 Content

You may provide data, prompts, files, instructions, or other materials to the Service ("Inputs"), and receive AI‑ or system‑generated designs, assets, analyses, or other outputs ("Generations"). Together, Inputs and Generations are "Content."

We process Content solely to provide and maintain the Service, comply with law, enforce our policies, and keep the Service secure. By submitting Inputs, you represent and warrant that you have all rights, licenses, and permissions necessary for Virse to lawfully process the Inputs and provide the Service.

1.3 Model Training

VIRSE WILL NOT USE YOUR CONTENT TO TRAIN, OR ALLOW ANY THIRD PARTY TO TRAIN, ANY AI MODELS UNLESS YOU HAVE EXPRESSLY OPTED IN.

You can manage your training preferences in your workspace settings at any time.

1.4 Limitations for Generations

Generations are produced automatically by large language models, diffusion models, and other AI systems and may contain errors, omissions, or misleading information. AI systems may replicate biases present in training data, misinterpret nuanced language, or produce repetitive or formulaic results. You are solely responsible for reviewing and validating all Generations before using them, and you assume all risk arising from your reliance on any Generation.

1.5 Use Restrictions

Except to the extent such restriction is impermissible under applicable law, you may not, and you will not allow any third party to:

1. reverse‑engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying models of the Service;
2. copy, modify, translate, or create derivative works of the Service or any part thereof;
3. sell, resell, lease, or sublicense the Service;
4. remove, alter, or obscure any proprietary notices on the Service;
5. use the Service or any Generation to develop, fine‑tune, or train a model that competes with the Service or constitutes model extraction;
6. probe, scan, or test the vulnerability of the Service or violate its security or authentication measures;
7. harvest or scrape data from the Service or circumvent any rate‑limits or usage caps;
8. use the Service in any manner that infringes, misappropriates, or otherwise violates any third‑party right or any applicable law or regulation;
9. upload to the Service any personal data, export‑controlled data, or other regulated information without a legally adequate basis and all required notices and consents; or
10. knowingly encourage or permit any third party to engage in any of the foregoing.

You must promptly notify Virse of any unauthorized use of the Service of which you become aware.

1.6 Beta Services

Virse may offer features or products identified as beta, pilot, limited release, developer preview, or similar ("Beta Services"). Beta Services are provided for evaluation purposes only, may be incomplete or unreliable, and are offered "as is" without warranty, support, or any commitment to continue offering them. Use Beta Services at your own risk.

1.7 Automated Actions

Certain features, such as one‑click image replacement or autonomous agent workflows, may apply Generations directly to your design files or repositories without manual review. By enabling such features, you accept sole responsibility for all resulting changes, and you must ensure appropriate testing, version control, and safeguards.

4.1 Paid Plans

Some features require payment of fees. You will have an opportunity to review and accept all fees before they are charged. Except as required by law, all fees are non‑refundable and are payable in U.S. Dollars.

4.2 Pricing Changes

Virse may change pricing at any time with at least thirty (30) days' advance notice via the Service or email. Continued use after the price change becomes effective constitutes your agreement to the new prices.

4.3 Payment Processing

We use Stripe, Inc. ("Stripe") to process payments. Your use of the payment features is subject to the Stripe Services Agreement and Stripe Privacy Policy. You authorize Stripe to store and charge your payment method as necessary to avoid service interruptions. Virse is not liable for payment processing activities.

4.4 Subscriptions

If you purchase a subscription plan ("Subscription Service"), charges recur automatically until you cancel. Your "Subscription Billing Date" is the date you first purchase the subscription. You must cancel at least 24 hours before renewal to avoid being charged for the next cycle.

4.5 Add‑Ons and Usage‑Based Features

You may purchase optional add‑ons or metered usage packs (collectively, "Add‑Ons"). Fees for Add‑Ons will be disclosed in the checkout flow or your workspace billing page.

4.6 Delinquent Accounts

If your payment method fails, Virse may suspend or terminate your access and may delete associated Content. You are responsible for all collection costs.

5.1 Service

Virse and its licensors retain all right, title, and interest in and to the Service and all related intellectual property. No rights are granted except as expressly stated.

5.2 Feedback

If you provide ideas, suggestions, or feedback about the Service ("Feedback"), Virse may use and exploit the Feedback without restriction or compensation.

5.3 Content

You retain all ownership of your Inputs. Subject to Section 1.3, Virse assigns to you any rights it may have in Generations. You grant Virse a worldwide, non‑exclusive license to use Content solely as necessary to provide the Service and as otherwise permitted under these Terms.

5.4 Usage Data

"Usage Data" means technical logs and metadata about your use of the Service, excluding Content. Virse may use Usage Data to operate, secure, and improve the Service and may disclose Usage Data in aggregated or de‑identified form.

15.1 No Indirect Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, VIRSE ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

15.2 Liability Cap

VIRSE ENTITIES' AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (a) THE AMOUNT YOU PAID VIRSE FOR THE SERVICE IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (b) US $100.

These limitations apply even if any limited remedy fails of its essential purpose.

16.1 Agreement to Arbitrate

Any dispute arising out of these Terms or the Service will be resolved exclusively by binding arbitration, except that you may assert claims in small‑claims court if they qualify. You and Virse waive the right to a jury trial or to participate in class actions. The U.S. Federal Arbitration Act governs this agreement.

16.2 Class Action Waiver

Disputes will be resolved only on an individual basis. No class, consolidated, or representative actions are allowed.

16.3 Pre‑Arbitration Notice

Before commencing arbitration, a party must send the other a written Notice of Dispute describing the claim and requested relief. Notices to Virse must be sent to Virse, Inc., 548 Market St. PMB XXXXX, San Francisco, CA 94104, USA with a copy to business@virse.art.

16.4 Arbitration Rules and Fees

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. If your claim is $10,000 or less, you may choose whether the arbitration is conducted solely on documents, by phone, or in person. The arbitrator may award the same relief as a court on an individual basis.

16.5 Opt‑Out

You may opt out of this arbitration agreement within thirty (30) days of creating your Virse account by emailing business@virse.art with subject line "Arbitration Opt‑Out" and your account email address.

16.6 Severability

If a court finds any portion of this Arbitration Agreement unenforceable, that portion will be severed, and the remainder will remain in effect, except that the class action waiver will be deemed unenforceable if a representative claim is allowed to proceed.

17.1 Entire Agreement; Assignment

These Terms (including the Privacy Policy and any MSAs that incorporate them) constitute the entire agreement between you and Virse regarding the Service. You may not assign these Terms without Virse's prior written consent. Virse may assign these Terms freely.

17.2 Governing Law and Venue

These Terms are governed by the laws of the State of California, excluding conflict‑of‑law principles. Except for the arbitration requirement, any legal action must be brought in the federal or state courts located in San Francisco County, California, and you consent to their jurisdiction.

17.3 Export Compliance

You must comply with all applicable U.S. and international export laws. You may not export or re‑export the Service to any embargoed country or prohibited party.

17.4 Electronic Communications

You agree that all notices and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

17.5 No Waiver

Our failure to enforce any provision is not a waiver of our right to do so later. If any provision is held unenforceable, the remaining provisions remain in effect.

17.6 Contact

If you have questions about these Terms, please contact us at business@virse.art.