Mirage Studio User Terms of Service
These Mirage Studio User Terms of Service (the “Mirage Studio User Terms”) govern your access and use of Mirage Studio, the AI-powered video generation platform that allows you to create lifelike videos without traditional production (the “Services”) provided by Mirage US LLC (“Mirage”, “we”, “us”, or “our”). These Mirage Studio User Terms are a binding legal contract between you and us. By using the Services, you acknowledge and agree to be bound by these Terms and confirm you have read and understand our Privacy Policy and our Acceptable Use Policy, which are both incorporated herein by reference.
These Terms apply to you as a user of the Services as part of a paid subscription plan purchased by another person or entity (the “Customer”) who has separately entered into a written agreement with us (the “Customer Agreement”) governing access and use of the Services.
If you do not agree to these Terms, please do not use the Services. By using the Services, you represent and warrant that (A) you are at least 18 years of age, and (B) you will use the Services in accordance with these Terms and all applicable local, state, national and international laws, rules and regulations.
We may revise these Terms from time to time by posting a modified version on our website or in our mobile application. If, in our sole discretion, the modifications to these Terms are material, we will provide you with reasonable notice prior to the change taking effect by alerting you by either emailing the email address you provided when you signed up for the Services as an Authorized User or by another legally acceptable means. If you do not agree to or cannot comply with the modified Terms, you must stop using the Services. Unless otherwise stated elsewhere in these Terms or in our notice, the updated Terms will take effect upon their posting and will apply on a going-forward basis. Your continued use of the Services after any update to these Terms constitutes your acceptance of such changes.
1. Customer’s Choices and Control; Your Relationship with Mirage
As a user of the Services, you gain access to the Services because a Mirage Customer has invited you to become an “Authorized User” under such Customer’s account. The Customer Agreement governs our relationship and commitment to deliver the Services to that Customer. This is true notwithstanding the fact that you have previously agreed to the Captions Terms and Conditions and, as applicable, the Mirage Studio Terms and Conditions. The Captions Terms and Conditions are not applicable to you when acting as an Authorized User under a Mirage Customer’s account. When utilizing Mirage Studio as an Authorized User under a Mirage Customer’s account, you understand that you are using the Services in your capacity as an Authorized User and not a Customer.
When you or another Authorized User submit content, such as audio recordings, videos, images, and text prompts, to the Services under a Customer’s account (such content, “Customer Input”), you acknowledge and agree that, as between Mirage and Customer, the Customer Input is controlled by Customer, and the Customer Agreement provides Customer with choices and control over that Customer Input. Further, when you or another Authorized User create content as a result of your use of the Services under a Customer’s account (such content, “Customer Output”), you acknowledge and agree that, as between Mirage and Customer, the Customer Output is controlled by Customer, and the Customer Agreement provides Customer with choices and control over that Customer Output.
For example, Customer decides who it will invite to join its Customer account as an Authorized User and how the Customer Input may be used or distributed. These choices may result in the access, use, disclosure, modification or deletion of certain or all Customer Input. If you are invited as an Authorized User by more than one Customer, please note that each such Customer will control the Customer Input submitted under that Customer’s account.
AS BETWEEN MIRAGE AND CUSTOMER, YOU ACKNOWLEDGE AND AGREE THAT IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO (A) INFORM YOU AND OTHER AUTHORIZED USERS OF ANY RELEVANT CUSTOMER POLICIES, PRACTICES AND SETTINGS THAT MAY IMPACT THE PROCESSING OF CUSTOMER INPUT; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY OTHER AUTHORIZED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER INPUT AND THE OPERATION OF THE SERVICES; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF CUSTOMER INPUT UNDER THE CUSTOMER AGREEMENT IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY OTHER AUTHORIZED USERS INCLUDING THOSE RELATING TO CUSTOMER INPUT, THE SERVICES, OR CUSTOMER’S FAILURE TO FULFILL THESE OBLIGATIONS. IN YOUR CAPACITY AS AN AUTHORIZED USER, MIRAGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED) TO YOU RELATING TO THE SERVICES, WHICH IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.
2. Compliance with Terms and Acceptable Use Policy
Use of the Services, including all features that are part of the Services, is subject to Authorized User’s compliance with these Mirage Studio User Terms, our Acceptable Use Policy (the “AUP”), Sections 3.1 and 3.2 of the Captions Terms and Conditions, and any other policies or requirements that Mirage posts on our Website. The AUP and Sections 3.1 and 3.2 of the Captions Terms and Conditions are incorporated herein by reference and form a part of the Mirage Studio User Terms. In addition to any other termination rights set forth in these Terms, if we believe a violation of the Acceptable Use Policy has occurred or may occur in the near future in a manner that may disrupt the Services for our Customers or other Users, we may suspend or terminate your access to the Services, without any liability to us and in addition to any other remedies that may be available to us. Mirage reserves the right to notify the applicable Customer of the foregoing.
3. Proprietary Rights
Mirage and its licensors exclusively own all right, title, and interest in and to all intellectual property rights in the Services . All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services shall, as between you and Mirage, at all times be and remain the sole and exclusive property of Mirage.
4. Limitation of Liability
If we believe that there is a violation of these Terms, the Customer Contract, or any of our policies that can simply be remedied by Customer’s removal of certain Customer Input, Customer Output or taking other action, we will, in most cases, ask Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action if Customer does not take appropriate action or we believe there is a credible risk of harm to us, the Services, Authorized Users, or any third parties. IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS YOU ARE ALSO A CUSTOMER (AND WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE CUSTOMER CONTRACT), YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE MIRAGE STUDIO USER TERMS. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE MIRAGE STUDIO USER TERMS IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.
5. Application of Consumer Law
The Services licensed under the Customer Agreement is a tool intended for use by teams, businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply.
6. General Terms
Governing Law and Venue. This Agreement will be governed and construed in accordance with the laws of the State of New York without regard to its conflict of law provision Each party agrees to submit to the personal and exclusive jurisdiction of the state and federal courts located in the county of New York in New York.
Entire Agreement. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Mirage and supersede any prior agreements between you and Mirage on the subject matter. To the extent of any conflict or inconsistency between the provisions in these Terms and any other terms or resources referenced in these Terms, the terms contained directly in these Terms will first prevail; provided, however, that if there is a conflict or inconsistency between an applicable Customer Agreement and these Terms, the terms of the Customer Agreement will first prevail, followed by the provisions in these Terms, and then followed by the pages referenced in these Terms (e.g., the Privacy Policy). The applicable Customer will be responsible for notifying Authorized Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.
Miscellaneous. These Terms, and any rights granted hereunder, may not be assigned or delegated by you. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Mirage. Any provision of these Terms that by its nature is reasonably intended to survive beyond their termination or expiration shall survive.
Notices. We may deliver notice to you by email, posting a notice on our website or any other method we choose, and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and must be sent to [email protected]. Notices under the Customer Contract will be delivered solely to Customer in accordance with the terms of that agreement.
7. Questions
If you have any questions about these Terms, please contact us at [email protected].