Terms of Service

1. Acceptance of Terms

By accessing or using ImmersiVerse OS ("the Platform," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to all of these Terms, you may not access or use the Platform. We may update these Terms; material changes are described in Section 16 (Changes).

2. Account Registration

To use certain features of the Platform, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain the security of your password and account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 18 years old to create an account. Accounts registered by automated methods, or by individuals in jurisdictions subject to U.S. trade sanctions or export controls, are not permitted.

3. Content Ownership & License Grants

Your Input. You retain ownership of all original content you input into the Platform, including concepts, prompts, character descriptions, reference images you upload, and storylines ("Your Input").

Generated Content. Content produced by the Platform's AI systems based on Your Input ("Generated Content") is licensed to you on the following basis:

• You are granted a perpetual, worldwide, non-exclusive license to use, modify, and distribute Generated Content for commercial and non-commercial purposes
• ImmersiVerse OS asserts no ownership claim over Generated Content
• You are solely responsible for ensuring Generated Content does not infringe on third-party rights (copyright, trademark, right of publicity, privacy, etc.)

Copyrightability disclaimer. The U.S. Copyright Office has held that material produced without sufficient human authorship is not eligible for copyright protection (see, e.g., Thaler v. Perlmutter, 2023). Your ability to obtain copyright in Generated Content depends on the degree of human creative input you contributed. We make no warranty regarding the copyrightability of Generated Content.

License back to us. You grant ImmersiVerse OS a worldwide, royalty-free, non-exclusive license to host, store, transmit, display, and process Your Input and Generated Content solely to operate the Platform, provide the Services to you, and (with your explicit opt-in) feature your work on public surfaces such as the marketplace, premieres, or promotional materials.

4. Intellectual Property Rights

The Platform itself, including its design, code, algorithms, models, documentation, branding, and all associated intellectual property, is and remains the exclusive property of ImmersiVerse OS Inc. and its licensors. Nothing in these Terms grants you any right to use our trademarks, logos, or brand elements without prior written consent.

5. AI-Generated Content & Third-Party Models

You acknowledge that:

• AI-generated content may not be unique; similar outputs may be generated for other users from similar prompts
• AI-generated content may contain errors, hallucinations, inaccuracies, or unintended outputs and should not be relied upon for factual or professional advice
• You are solely responsible for reviewing and editing all AI-generated content before publication, distribution, or commercial use
• We do not guarantee that AI-generated content is free from bias or that it meets any specific quality standard

Third-party model providers. The Platform integrates with third-party AI providers (which currently may include, without limitation: Anthropic, OpenAI, Google, ElevenLabs, and image/video generation providers such as Kling, Sora, Veo, and Flux). Your use of the Platform is also subject to the applicable terms and acceptable-use policies of those providers; we may pass relevant inputs to them in order to produce Generated Content.

6. Credits

The Platform meters certain operations using internal "credits." Credits are a service measurement unit and are not currency, securities, or a stored-value instrument.

• Non-refundable. Credits granted under any plan or promotion (including Founder Seats credits) are non-refundable except where required by law.
• Expiry. Monthly plan credits expire at the end of each billing cycle and do not roll over unless your plan documentation explicitly says otherwise. Founder Seats credits expire upon account termination.
• Non-transferable. Credits are tied to your account and may not be sold, transferred, or assigned to another user.
• Termination. All unused credits are forfeited upon account termination, suspension, or cancellation, except where required by law.
• Pricing of operations. The number of credits consumed by an operation may change over time as our cost basis with third-party providers changes. We will give advance notice of material changes.

7. Founder Seats Program

The Founder Seats program offers the first 1,000 qualifying creators a one-time free credit grant. By claiming a Founder Seat you authorize the following:

• Card on file. We collect a payment method via our payment processor (Stripe) using a SetupIntent flow. No charge is made at signup. The card is stored as a payment method on your Stripe Customer record for any future paid subscriptions you elect.
• Conversion bonus. If you upgrade to a paid plan within thirty (30) days of claiming a Founder Seat, you may be eligible for a recurring discount on the Creator tier. The discount terms are described on the Founder Seats page at the time of signup.
• Cap. Founder Seats are limited to 1,000 lifetime claims. Once that cap is reached, the program ends and the cap is not reopened.
• No purchase. Founder Seats are free. Acceptance of a Founder Seat does not constitute a purchase or create a subscription.

8. Payments and Billing

Paid features of the Platform are billed on a recurring subscription basis. By subscribing, you agree to:

• Pay all fees associated with your selected plan
• Automatic renewal at the end of each billing cycle unless you cancel before the renewal date
• Cancellation takes effect at the end of the current billing period; you retain access for the remainder of that period
• No refunds for partial billing periods, unused credits, or unconsumed features, except where required by law

All prices are in USD. Payment processing is handled by Stripe; we never store your full payment card number on our servers. We may adjust pricing with thirty (30) days' advance notice via email or in-product notification.

9. Revenue Sharing

If you participate in any ImmersiVerse revenue-sharing program (including but not limited to the Royalty Passport, the Pack marketplace, Fork Royalties, or brand-placement revenue), payouts are governed by the program-specific terms presented to you at the time of enrollment and incorporated by reference here. Earnings are calculated based on actual revenue received by ImmersiVerse OS, less platform fees, payment-processor fees, refunds, chargebacks, and applicable taxes. Minimum payout thresholds may apply. Revenue share percentages are defined in your plan tier and program documentation and may be updated with thirty (30) days' notice.

10. Prohibited Use

You may not use the Platform to:

• Generate content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable
• Create deepfakes or non-consensual synthetic media depicting real, identifiable individuals (including non-consensual intimate imagery)
• Generate content depicting child sexual abuse or exploitation in any form
• Infringe on copyrights, trademarks, rights of publicity, or other intellectual or proprietary rights
• Generate content intended to deceive (election misinformation, fraudulent endorsements, impersonation)
• Distribute malware, conduct phishing, or engage in unauthorized data collection
• Circumvent rate limits, access controls, copyright protections, or security measures
• Reverse engineer, scrape, or systematically download substantial portions of the Platform
• Resell Platform access, API credentials, or Generated Content as a competing service without our prior written consent
• Use the Platform to develop a competing AI model or service, including by using outputs as training data

11. DMCA & Copyright Complaints

If you believe content on the Platform infringes your copyright, please review and follow the procedure described in our DMCA Policy. Repeat infringers will have their accounts terminated.

12. Termination

We may suspend or terminate your account at our discretion if you violate these Terms, engage in prohibited conduct, or if your account has been inactive for an extended period. Upon termination, your right to use the Platform ceases immediately, and any unused credits are forfeited (Section 6). You may request export of your data for up to thirty (30) days following termination by contacting support. After that period, your data may be permanently deleted, subject to legally-required retention.

13. Disclaimer of Warranties

THE PLATFORM AND ALL GENERATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT GENERATED CONTENT WILL MEET YOUR REQUIREMENTS OR BE FREE FROM HARMFUL COMPONENTS OR INFRINGING MATERIAL.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMMERSIVERSE OS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE PLATFORM. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

15. Indemnification

You agree to defend, indemnify, and hold harmless ImmersiVerse OS Inc., its officers, directors, employees, and agents, from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of and access to the Platform; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including any copyright, property, publicity, or privacy right; (d) any claim that Your Input or your use of Generated Content caused damage to a third party; or (e) any content you submit, post, or transmit through the Platform.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. For material changes, we will notify you by posting a notice on the Platform and/or by sending an email to your registered address, and we will bump the version number shown at the top of this page. Material changes take effect thirty (30) days after posting. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and may cancel your subscription per Section 8.

17. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

Mandatory arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English in Wilmington, Delaware, or by videoconference at the arbitrator's discretion. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. YOU AND IMMERSIVERSE OS 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 OR REPRESENTATIVE PROCEEDING.

Opt-out. You may opt out of this arbitration agreement by sending written notice to Justin@immersiverseos.com within thirty (30) days of first accepting these Terms. If you opt out, any disputes will instead be resolved in the state or federal courts located in Delaware, and you and we consent to personal jurisdiction there.

18. Force Majeure

We are not liable for any failure or delay in performance to the extent caused by events outside our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, pandemics, accidents, network or power outages, or upstream provider failures.

19. Severability & Entire Agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to be enforceable. These Terms, together with the Privacy Policy, DMCA Policy, and any program-specific terms presented to you in-product, constitute the entire agreement between you and ImmersiVerse OS regarding the Platform and supersede any prior agreements.

20. Assignment & No Waiver

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets. Our failure to enforce any provision is not a waiver of our right to enforce that or any other provision later.

21. Export Controls & Sanctions

You represent that you are not located in, under the control of, or a national or resident of any country subject to comprehensive U.S. trade sanctions, and that you are not on any U.S. government list of restricted parties. You agree not to use, export, re-export, or transfer the Platform in violation of any applicable U.S. or international export control laws.