Vugola Terms of Service

Introduction

Welcome to Vugola. Thank you for using the Vugola platform and the products, services, and features we make available to you as part of the platform (collectively, the "Services"). Please read on to learn the rules and restrictions that govern your use of the Services. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Services.

If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: hello@vugolaai.com
Website: vugolaai.com

Your Service Provider

The entity providing the Services is Vugola LLC, a limited liability company operating under the laws of South Dakota, United States of America (referred to as "Vugola", "we", "us", or "our").

Applicable Terms

Your use of the Services is subject to these terms which may be updated from time to time (together, this "Agreement"). The Agreement includes the provisions in this document as well as those in our Privacy Policy. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions ("Additional Terms"), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Who May Use the Services

Age Requirements

The Services are not intended for use by individuals under the age of 18. By using the Services, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) and that you have the legal capacity to form a binding contract. We do not knowingly collect personal information from anyone under the age of 18. If we learn that a user is under 18, we will terminate that account and delete its personal information promptly.

Businesses

If you are using the Services on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.

Your Use of the Services

Content on the Services

The content on the Services includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and captions), branding (including trade names, trademarks, service marks, or logos), interactive features, software, and other materials whether provided by you, Vugola, or a third party (collectively, "Content").

Content is the responsibility of the person or entity that provides it to the Services. Vugola is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the law, you may report it to us at hello@vugolaai.com.

Vugola Account

You may be required to sign up for an account, select a password and user name ("Vugola Account"), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not provide us with a name that you do not have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your Vugola Account to anyone else without our prior written permission.

You will not share your Vugola Account with anyone, and you must protect the security of your Vugola Account, password, and any other access tools or credentials. You're responsible for any activity associated with your Vugola Account.

Social Media Integrations

When you link your social media accounts (TikTok, Instagram, YouTube, Facebook, Threads):

• You authorize Vugola to access and use those accounts based on permissions you grant
• We may securely store encrypted access tokens
• You may disconnect accounts at any time through your account settings
• You are responsible for maintaining the security of those accounts and compliance with their terms

Your Content and Conduct

User Submissions

Anything you post, upload, share, store, download, reclip, or otherwise provide or process through the Services is your "User Submission". Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with this Agreement, all applicable laws, rules, and regulations.

You further represent and warrant that, for each User Submission, you own or have all necessary rights, licenses, consents, releases, and permissions to provide that User Submission to the Services and to have it used as contemplated by this Agreement, and that your User Submission and our use of it as permitted here will not infringe, misappropriate, or violate any copyright, trademark, trade secret, moral right, right of privacy, right of publicity (including any person's name, likeness, image, or voice), or any other intellectual property or proprietary right of any person or entity.

You may not submit, upload, download, reclip, store, or otherwise process through the Services any third-party copyrighted material (including videos, audio, music, images, or footage) that you do not own or are not otherwise authorized or licensed to use. You are responsible for confirming that you hold the rights needed to clip, reformat, store, and publish any source material you bring to the Services, including material you download or import from third-party platforms. Submitting unlicensed third-party copyrighted material, or material that infringes any person's right of publicity, is a violation of this Agreement and grounds for removal of the material and termination of your access under our repeat infringer policy below.

YOU, AND NOT VUGOLA, ARE SOLELY RESPONSIBLE FOR YOUR USER SUBMISSIONS AND FOR YOUR USE OF THE SERVICES, INCLUDING THE DOWNLOADING, RECLIPPING, REFORMATTING, STORAGE, AND PUBLICATION OF ANY SOURCE MATERIAL OR RESULTING CLIPS. TO THE FULLEST EXTENT PERMITTED BY LAW, VUGOLA IS NOT LIABLE FOR, AND DISCLAIMS ALL RESPONSIBILITY FOR, ANY INFRINGEMENT OR VIOLATION OF THE COPYRIGHT, TRADEMARK, RIGHT OF PUBLICITY, PRIVACY, OR OTHER RIGHTS OF ANY THIRD PARTY ARISING OUT OF OR RELATING TO YOUR USER SUBMISSIONS OR YOUR USE OF THE SERVICES. VUGOLA PROVIDES TOOLS THAT ACT ON THE CONTENT YOU CHOOSE TO PROVIDE AND DOES NOT REVIEW, VERIFY, OR ENDORSE THE RIGHTS YOU HOLD IN THAT CONTENT.

Rights You Grant

In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you grant Vugola a worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to host, store, reproduce, modify, adapt, translate, create derivative works from, distribute, display, perform, and otherwise use your User Submissions to operate, provide, improve, develop, test, market, and promote the Services and our business. This includes the right to use your User Submissions to train, fine-tune, evaluate, and improve our models, algorithms, and Services, and to share them with our service providers, affiliates, and sublicensees. This is a license only; your ownership in User Submissions is not affected.

Personal User Submissions

If you store a User Submission in your own personal Vugola Account in a manner that is not viewable by any other user except you (a "Personal User Submission"), you grant Vugola the same license described above, including the right to use it to operate, provide, improve, and develop the Services. The license is not limited to making the submission accessible to you.

Public User Submissions

If you share a User Submission publicly on the Services (each a "Public User Submission"), you grant Vugola the same license described above, plus the right to display, perform, and distribute your Public User Submission to other users and to use it in connection with Vugola's business.

You agree that the licenses you grant are royalty-free, perpetual, irrevocable, worldwide, transferable, and sublicensable. When you delete your Vugola Account, we will stop displaying your User Submissions (other than Public User Submissions) to other users, but we may retain copies in backups, legal records, and de-identified or aggregated form, and it may not be possible to delete every copy immediately.

Feedback

Any feedback, suggestions, ideas, improvements, enhancements, or feature requests you provide is voluntary. We may use it without restriction, attribution, or compensation, and we have no obligation to implement it.

Publicity

You grant us the right to use your name, logo, and trademarks to identify you as a customer on our website and in marketing materials. You may opt out by emailing hello@vugolaai.com.

Removing Your Content

You may remove your Content from the Services at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.

Removal of Content by Vugola

We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of this Agreement), in our sole discretion, and without notice.

AI-Generated Content Disclaimer

Vugola uses machine learning models to generate clips, captions, insights, and recommendations.

Important:

• AI-generated outputs may be inaccurate or require human review
• You are solely responsible for reviewing AI outputs before publishing them
• Vugola is not liable for errors, violations, or consequences arising from AI-generated content

Results May Not Be Unique

The clips, captions, titles, insights, and other outputs produced by our AI are generated using machine learning models that serve many users. Because of how these models work, the results you receive may not be unique to you. Other users who upload similar source video, or who provide similar inputs, instructions, or settings, may receive identical or substantially similar outputs. We do not guarantee that any AI-generated output is original, novel, distinctive, or capable of protection as your own intellectual property.

You assume full responsibility for your use of any AI-generated results, including how you edit, publish, distribute, monetize, or otherwise rely on them. You are responsible for confirming that your use of those results, and of any underlying source video, complies with applicable law and the rights of others before you publish. Vugola makes no warranty that AI-generated results are accurate, fit for any particular purpose, non-infringing, or unique, and we disclaim all liability arising from your use of them to the fullest extent permitted by law.

Machine Learning and Service Improvement

Vugola may collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies ("Usage Data"). The Services may be implemented using machine learning systems designed to generate statistics, improve algorithms, and enhance clip quality in the course of processing content provided by users and Usage Data ("Machine Learning").

Nothing in these Terms prohibits Vugola from using such Machine Learning for testing, tuning, optimizing, validating, or otherwise enhancing the analytics, models, or algorithms underlying the Services. Nothing in these Terms gives you any rights in or to any part of the Services or the Machine Learning outputs generated by Vugola.

Lawful Basis and How We Use Content

Where data protection law applies to this activity, we rely on our legitimate interests in operating, securing, debugging, measuring, and improving the Services as the lawful basis for the Machine Learning and service-improvement activities described above, balanced against your rights and interests. This is the same basis described in our Privacy Policy, and you can object to processing based on legitimate interests as set out there.

We may use your Content, outputs, and Usage Data to operate, test, evaluate, train, fine-tune, and improve our models, algorithms, and the Services. We may also use de-identified or aggregated data for any lawful purpose. Our third-party AI providers process your Content under our agreements with them and their own terms, as described in our Privacy Policy. You retain ownership of your Content, subject to the license above and the rights described in these Terms.

Permissions and Restrictions

You may access and use the Services as made available to you, as long as you comply with this Agreement and applicable law. You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission, to the Services, or otherwise use or interact with the Services, in a manner that:

• Infringes or violates the intellectual property rights or any other rights of anyone else (including Vugola)
• Violates any law or regulation, including any applicable export control laws or privacy laws
• Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable
• Jeopardizes the security of your Vugola Account or anyone else's
• Attempts to obtain the password, account, or other security information from any other user
• Violates the security of any computer network, or cracks any passwords or security encryption codes
• Runs mail list, auto-responder, or "spam" on the Services
• "Crawls," "scrapes," or "spiders" any page, data, or portion of the Services
• Decompiles, reverse engineers, or attempts to discover the source code or underlying algorithms of the Services
• Uses output from the Services to develop models that compete with Vugola
• Collects or harvests any information that might identify a person
• Causes or encourages any inaccurate measurements of genuine user engagement with the Services

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Copyright and Takedown Procedures

Notice and Takedown

In accordance with the Digital Millennium Copyright Act (DMCA) and applicable law, we have adopted the following policy toward claims of copyright infringement and violations of rights of publicity. We reserve the right to (1) block access to or remove material that we believe in good faith infringes the copyright of, or violates the right of publicity (including the name, likeness, image, or voice) of, any person, or that has otherwise been illegally copied and distributed by any of our users, and (2) remove material and terminate the accounts of repeat infringers as described below.

Reporting Infringement

If you believe that material or content residing on or accessible through the Services infringes your copyright, or violates your right of publicity (for example, it uses your name, likeness, image, or voice without authorization), please send a notice containing the following information to our Designated Agent:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or right of publicity at issue.
• Identification of the copyrighted work or the right of publicity claimed to be infringed or violated.
• Identification of the material that is claimed to be infringing or violating, including information reasonably sufficient to allow us to locate it on the Services.
• Your contact information, including your address, telephone number, and email.
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, the holder of the right of publicity, their agent, or the law.
• A statement made under penalty of perjury that the information in your notice is accurate and that you are the owner, or are authorized to act on behalf of the owner, of the copyright or right of publicity that is allegedly infringed or violated.

Counter-Notice Procedure

If you believe that material that was removed (or to which access was disabled) is not infringing, or you believe that you have the right to post and use such material, you may send a counter-notice containing the following information:

• Your physical or electronic signature
• Identification of the material that has been removed and the location where it appeared before removal
• A statement that you have a good faith belief that the material was removed as a result of mistake or misidentification
• Your name, address, telephone number, email, and a statement consenting to the jurisdiction of the federal courts

Repeat Infringer Policy

Vugola has adopted and reasonably implements a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. If a user is the subject of repeated valid notices of copyright infringement or violation of rights of publicity, or otherwise repeatedly submits material in violation of this Agreement, we will, in our discretion and as appropriate, remove the offending material and terminate or suspend that user's Vugola Account and access to the Services. We may also remove material and terminate accounts in other circumstances where we determine, in good faith, that a user has infringed the rights of others.

Designated Agent

Please send notices and counter-notices under this policy to Vugola's Designated Agent at the following address:

Vugola LLC
Attn: DMCA Designated Agent
519 W 22nd St Ste 300, PMB 687635
Sioux Falls, SD 57105-1745, USA
Email: hello@vugolaai.com

Fees and Payments

The Services may be free, or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

Paid Services

Certain of our Services may be subject to payments now or in the future (the "Paid Services"). Please note that any payment terms presented to you in the process of using or signing up for Paid Services are deemed part of this Agreement.

Billing

If you wish to purchase Paid Services, you may be asked to supply certain information relevant to your purchase, including your credit card number, the expiration date of your credit card, and your billing address. If you buy through Apple's in-app purchase in our iPhone app, Apple collects payment instead, as described in "Purchases through the Apple App Store" below. If you start a plan from our iPhone app on our website, Vugola collects payment, as described in "Purchases on our website from the iPhone app" below.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and (ii) the information you supply to us is true, correct, and complete.

We may use third-party payment processors to bill you through a payment account linked to your account on the Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processors in addition to this Agreement.

Recurring Billing

Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you ("Subscriptions"). By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation.

WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.

Auto-Renewal

Unless you opt out of auto-renewal, which can be done through your account settings (or, for App Store purchases, through Apple), any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. If you cancel a Paid Service without deleting your Vugola account, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

Cancellation

You may cancel your subscription at any time through your account settings. If Apple bills your subscription, cancel through Apple instead, as described in "Purchases through the Apple App Store" below. If you started your plan from our iPhone app on our website, follow "Purchases on our website from the iPhone app" below. To avoid being charged for the next billing period, you must cancel at least 24 hours before your renewal date. Upon cancellation, you will retain access to Paid Services until the end of your current billing period. Vugola does not prorate or refund partial subscription periods. If you delete your Vugola account, access ends when the deletion request succeeds, even if a paid period remains.

Refund Policy

All sales are final. Except where a refund is required by applicable law, Vugola does not offer refunds for any subscription, credit purchase, or other transaction once a payment has been completed, including for claims of dissatisfaction, accidental purchases, or changes in personal circumstances. By completing a purchase, you acknowledge that you have read and accepted this no-refund policy. Refunds for App Store purchases are handled by Apple, as described in "Purchases through the Apple App Store" below.

Nothing in this policy limits any non-waivable statutory rights you may have as a consumer under the laws of your jurisdiction, including any applicable rights of withdrawal for consumers in the European Union or United Kingdom.

You may cancel your subscription at any time from your account settings (or, for App Store subscriptions, through Apple). No reason or approval required. If you cancel without deleting your Vugola account, your plan remains active through the end of the current billing period, and no further charges will be made. Credits already issued are non-refundable and non-transferable.

If you have questions about your account or billing, contact us at hello@vugolaai.com.

Purchases through the Apple App Store

If you subscribe in the Vugola iPhone app through Apple's in-app purchase system, Apple, not Vugola, charges your Apple Account and processes the payment, and Apple's terms, including the Apple Media Services Terms and Conditions, apply to that purchase in addition to this Agreement. We do not receive your card or other payment details for App Store purchases.

App Store prices are set in the App Store, are shown in your local currency, may include or add taxes where you live, and may differ from prices on our website.

App Store subscriptions renew automatically at the end of each billing period, at your plan's then-current App Store price, unless you cancel at least 24 hours before the current period ends. Apple charges the renewal within the 24 hours before the period ends. Apple notifies you of price increases and, where its rules require, asks for your consent. Apple's rules also govern upgrades, downgrades, and other plan changes.

You can cancel or change an App Store subscription only through Apple, in your Apple Account settings (on iPhone: Settings > your name > Subscriptions). Deleting the app, deleting your Vugola account, or emailing us does not cancel it. After you cancel, your plan stays active until the end of the period you already paid for, unless you delete your Vugola account and end access sooner.

Refunds for App Store purchases are handled only by Apple, under Apple's refund policies. Vugola cannot issue them. To request one, visit reportaproblem.apple.com. If Apple refunds a purchase, we will end the plan that purchase paid for, along with its credits.

Your App Store subscription is linked to the Vugola account you were signed in to when you bought it. If you reinstall the app or change iPhones, tap "Restore Purchases" in the app to reconnect it.

For App Store purchases, if this section conflicts with anything else in "Fees and Payments", this section controls.

Purchases on our website from the iPhone app

If your App Store country or region is the United States, our iPhone app may offer to start your plan on our website. The app opens a checkout page on vugolaai.com in your browser. You can choose Apple's in-app purchase in the app instead. For every other App Store country or region, that is the only way to buy in the app.

A plan started this way is sold and billed by Vugola. We charge your card through our payment processor, including when you pay with Apple Pay. Apple is not the seller, so Apple's subscription settings and refund process do not apply, and neither does "Purchases through the Apple App Store" above.

The checkout page shows the plan, its price, how long the free trial lasts, and the date of your first charge before you confirm. You are not charged when the trial starts. Unless you cancel before the trial ends, we charge the price shown at checkout when it ends. The plan then renews every month or every year, whichever you chose, until you cancel, as described in "Auto-Renewal" above.

Sometimes we offer a lower price for your first billing period. The checkout page then shows that price and the regular price before you confirm, and the plan renews at the regular price after the first period.

Each person and each payment card gets one free trial. If you or your card already had a Vugola free trial, we will not start another, and you can buy through Apple's in-app purchase in the app instead. If a trial does start for an account that already had one, or that already has a plan, we cancel it before any charge.

You can pay before you have a Vugola account. Create one or sign in when you return to the app, and the plan is added to that account. If no account is ever connected to the purchase, we cancel the trial before the first charge.

To cancel, open the iPhone app, go to Account, tap your plan, then tap "Manage on vugolaai.com". You can also sign in at www.vugolaai.com/dashboard/subscription. Cancel before the trial ends and you are not charged. After that, your plan stays active until the end of the period you already paid for, unless you delete your Vugola account and end access sooner. Deleting the app does not cancel the plan, and the plan does not appear in your iPhone's subscription settings.

The Refund Policy above applies to these purchases, including the charge at the end of a free trial. Apple cannot refund them.

For these purchases, if this section conflicts with anything else in "Fees and Payments", this section controls.

Third-Party Services and APIs

Some features rely on third-party services and APIs (TikTok, Instagram, YouTube, Facebook, Threads, etc.). Vugola has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of any third-party service.

Vugola is not responsible for interruptions caused by:

• API changes or deprecation
• Rate limits imposed by third parties
• Platform downtime
• Revoked access tokens

Features depending on third-party platforms may be modified or discontinued without notice.

Account Suspension and Termination

Terminations by You

You may stop using the Services at any time. In the iPhone app, use Account > Delete account, including from the signed-in paywall. On our website, use Settings > Account > Security > Delete account, or the Choose your Vugola plan page if you do not have an active plan. If you cannot use either, contact hello@vugolaai.com. Download any content you want to keep before deleting. When your deletion request succeeds, sign-in and access end, and we cancel any Vugola website subscription immediately. Completed payments are not refunded except where the law requires otherwise. We remove your account data within 30 days, subject to the retention described in our Privacy Policy. Deleting your Vugola account does not cancel an App Store subscription; cancel it separately through Apple.

Terminations and Suspensions by Vugola

Vugola may terminate or suspend your use of the Services or your Vugola Account at any time, with or without notice, in our sole discretion, for any reason, including your breach of this Agreement, and without liability. Vugola has the sole right to decide whether you are in violation of any restriction in this Agreement. We may also modify, suspend, or discontinue any part of the Services at any time, temporarily or permanently, without liability.

Effect of Account Suspension or Termination

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We may, but are not obligated to, provide advance notice before terminating your account so that you can retrieve important User Submissions, to the extent allowed by law and this Agreement. We may not provide notice if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of Vugola.

The following provisions survive termination: licenses, de-identification and aggregation rights, your obligation to pay and indemnify us, disclaimers, limitations of liability, arbitration and the class-action waiver, governing law, and any other provision that by its nature should survive.

Other Legal Terms

Warranty Disclaimer

THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. VUGOLA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VUGOLA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Limitation of Liability

To the fullest extent permitted by law, Vugola is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to:

• Data loss
• Revenue loss
• Service interruptions
• Third-party platform actions

In no event shall Vugola's total cumulative liability to you for any claims arising out of or related to this Agreement or the Services exceed the greater of (a) the total fees paid by you to Vugola in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100). This limitation applies regardless of the form of action, whether in contract, tort, negligence, or otherwise, and even if Vugola has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. To the extent such laws apply to you, some or all of the above exclusions or limitations may not apply, and our liability will be limited to the maximum extent permitted by applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless Vugola and its officers, directors, employees, contractors, agents, suppliers, licensors, successors, and assigns from and against any claims, demands, losses, liabilities, damages, costs, and reasonable attorneys' fees arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of third-party rights
• Your User Submissions, including any claim that you did not have the rights you represented
• Any dispute between you and another user or third party

Governing Law

These Terms are governed by the laws of the State of South Dakota, United States, without regard to its conflict of laws principles. Subject to the arbitration provisions below, you and Vugola agree to submit to the exclusive jurisdiction of the state and federal courts located in South Dakota for any dispute not subject to arbitration.

Informal Resolution

Before filing a formal claim, you agree to first contact us at hello@vugolaai.com to attempt to resolve the dispute informally. Your notice must describe the dispute and the relief you are seeking. You and Vugola will work together in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services. If the dispute is not resolved within thirty (30) days after we receive your notice, either you or Vugola may begin a formal proceeding as described below. This informal resolution step is a condition that must be completed before starting arbitration or, where permitted, a court proceeding.

During those thirty (30) days, at either party's request, you and Vugola will hold at least one good-faith settlement conference by telephone or videoconference. An individual must attend personally, and a business through a representative with settlement authority; either side may bring counsel.

Binding Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

If the dispute is not resolved through informal resolution, you and Vugola agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including the existence, validity, interpretation, breach, or termination of these Terms, and including any claim that all or part of these Terms is void or voidable, will be resolved by binding individual arbitration rather than in court, except as set out in the "Small Claims Exception" and "Arbitration Opt-Out" sections below.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The AAA Rules are available at www.adr.org. The arbitration will be conducted by a single arbitrator. The arbitrator is bound by these Terms.

If twenty-five (25) or more similar demands for arbitration are filed against or on behalf of the same party or related parties, and representation of the parties is consistent or coordinated across those cases, the AAA's Mass Arbitration Supplementary Rules will apply, and counsel filing those demands must comply with the AAA's filing requirements for them. Where those rules conflict with this section, this section controls.

The arbitration may be conducted in person in South Dakota, United States, by videoconference, by telephone, or based only on written submissions, as you elect for claims that qualify. The arbitrator may award any relief that a court could award to you individually under applicable law, and must follow these Terms as a court would. The arbitrator's decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

As to filing fees: if your claim seeks relief that does not exceed ten thousand dollars ($10,000), Vugola will pay all AAA filing, administration, and arbitrator fees once you have paid any amount the AAA Rules require you to contribute toward the initial filing fee, unless the arbitrator determines that your claim was frivolous or brought for an improper purpose. For claims seeking more than that amount, the payment of all such fees will be governed by the AAA Rules. Each party is otherwise responsible for its own attorneys' fees and costs, except where applicable law or the AAA Rules provide otherwise.

If the AAA is unavailable or unwilling to administer the arbitration consistent with these Terms, you and Vugola will select an alternative administrator that will. If no administrator is available, a court of competent jurisdiction will appoint the arbitrator.

Arbitration Opt-Out

You may opt out of this agreement to arbitrate. If you are a new user, you may opt out by sending written notice to hello@vugolaai.com within thirty (30) days after the date you first accept these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you want to opt out of arbitration. Opting out of arbitration has no effect on any other part of these Terms, including the Class Action Waiver below, and does not affect any prior or other arbitration agreement between you and Vugola. If you opt out, disputes between you and Vugola will be resolved in the courts identified in the "Governing Law" section.

Small Claims Exception

Nothing in these Terms prevents either you or Vugola from bringing an individual claim in a small claims court for disputes within that court's jurisdiction, so long as the matter stays in small claims court and proceeds only on an individual, non-class basis.

Class Action Waiver

YOU AND VUGOLA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NEEDED TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM.

If a court or arbitrator decides that this Class Action Waiver is unenforceable as to a particular claim or request for relief, then that claim or request will be severed and may be brought in a court of competent jurisdiction, but the rest of the arbitration agreement and this Class Action Waiver will continue to apply to all other claims and requests for relief. This is an exception to the general "Severability" provision below.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full effect.

Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Vugola LLC regarding the Services and supersede all prior understandings.

Force Majeure

We are not liable for any delay or failure caused by events beyond our reasonable control, including natural disasters, power or internet failures, labor disputes, government action, war, terrorism, pandemics, or failures of third-party providers.

Assignment

We may assign or transfer this Agreement, in whole or in part, without your consent, including in connection with a merger, acquisition, financing, reorganization, or sale of assets. You may not assign this Agreement without our prior written consent.

Beta Features

We may offer features labeled beta, preview, early access, or similar. They are provided as-is, may contain errors, may change or be withdrawn at any time, and carry no service-level commitment.

Jury Trial Waiver

To the fullest extent permitted by law, you and Vugola waive any right to a jury trial in any proceeding arising out of or relating to this Agreement or the Services. If arbitration is unenforceable for any reason, this waiver applies in any court proceeding.

Limitation Period

To the fullest extent permitted by law, any claim arising out of or relating to this Agreement or the Services must be brought within one year after the claim arises, or it is permanently barred.

No Third-Party Beneficiaries

This Agreement does not create any third-party beneficiary rights, except for Apple as described in the App Store section and our affiliates and service providers as described in this Agreement.

Electronic Notices

You consent to receive notices, disclosures, and other communications from us electronically, including by email, in-app notice, or posting on our website. Electronic notices satisfy any legal requirement that a communication be in writing.

Changes to Terms

We are constantly trying to improve our Services, so this Agreement may need to change along with our Services. We reserve the right to change this Agreement at any time. If we do, we may place a notice on our website, send you an email, or notify you by other means. The posted version controls.

If you don't agree with the new terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to this Agreement is effective, that means you agree to all of the changes.

Contact Information

Vugola LLC
Email: hello@vugolaai.com
Website: vugolaai.com

AI Processing & Data Usage

By using Vugola, you acknowledge that uploaded video content is processed by artificial intelligence systems to identify clips, generate transcriptions, and create captions. This processing is performed by Vugola and by the third-party AI and infrastructure providers that support the Services, as described in our Privacy Policy. Processed content may be temporarily stored to support clip delivery and re-renders. We may use your Content, outputs, and Usage Data to operate, test, evaluate, train, fine-tune, and improve our models and the Services. Our AI providers process your content to provide the Services, as described in our Privacy Policy. You retain ownership of all uploaded content and generated clips, subject to the license above. For more detail on how we use machine learning to improve the Services, and the lawful basis for it, see "Machine Learning and Service Improvement" above and our Privacy Policy.

By using Vugola, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.