Customer Terms of Service

These "Customer Terms" Form a Binding Contract

These Customer Terms (or, if applicable, your written agreement with us) together constitute a binding "Contract" between the Customer and Figlens. "We," "our," and "us" refer to Figlens.

Your Agreement On Behalf of "Customer"

If you purchase subscription(s) to the Services, invite individuals to use the Services, or continue to use the Services after being notified of changes to these Customer Terms, you acknowledge and agree to the Contract on behalf of the Customer. You represent and warrant that you have the authority to enter into the Contract on behalf of the Customer.

Who is "Customer"?

"Customer" is the organization that you represent when agreeing to this Contract. If the Services are being set up by an individual not formally affiliated with an organization, then that individual is deemed the Customer. If you signed up for a plan using a corporate email domain, your organization is considered the Customer, and the Customer may manage roles, permissions, and access to the Services (including your role).

Who is an "Authorized User"?

An "Authorized User" is an individual, such as an employee, contractor, or client of the Customer, who is invited by the Customer to use the Services. Depending on the subscription plan and Customer's chosen configuration, Authorized Users may have different roles and permissions.

Prohibited Uses

Customer may not use the Services to:

• Violate applicable law
• Engage in fraudulent, deceptive, or harmful conduct
• Generate hateful, harassing, or violent content
• Upload malicious code or interfere with the operation of the Services
• Attempt to reverse engineer or circumvent any security features of the Services

What is "Customer Data"?

"Customer Data" means any content or information submitted by Authorized Users to the Services (such as text, scripts, image files, or audio files), and any videos created by Authorized Users using the Services. Customer controls how Customer Data is managed, shared, or deleted, and is responsible for ensuring such processing is lawful.

Use of the Services

Customer, including its Authorized Users, must comply at all times with this Contract and with Figlens' Acceptable Use Policy. Customer is responsible for ensuring that its use of the Services complies with all applicable laws, and all Authorized Users meet the minimum legal age requirements in their jurisdiction.

Responsibilities To, and For, Authorized Users

Customer agrees to:

• Inform Authorized Users of all relevant Customer policies and practices relating to their use of the Services
• Ensure that the submission, processing, use, or generation of Customer Data is lawful
• When authorizing the creation or use of a Custom Avatar that incorporates the voice or likeness of an individual, ensure that such individual is of legal age and has given clear, informed consent

Payment Terms

For Customers purchasing the Services, the applicable fees are displayed during the online checkout process. Unless otherwise stated, all fees must be paid in advance. Payment obligations are non-cancellable and, except as expressly provided in this Contract, all fees are non-refundable.

All fees are stated and must be paid in U.S. Dollars (USD), unless otherwise expressly specified.

Suspension of Services

If any undisputed amount owed by Customer is thirty (30) days or more overdue, Figlens may suspend access to the Services until such amounts are fully paid, after providing at least ten (10) days' prior notice to Customer's billing contact via email.

Providing the Services

Figlens will make the Services and Figlens Content available to Customer and its Authorized Users as described in this Contract, and not use or process Customer Data for any purpose other than providing the Services, except as otherwise instructed by Customer.

Protecting Customer Data

We will implement and maintain appropriate physical, administrative, and technical safeguards to protect the confidentiality, integrity, and availability of Customer Data. Figlens does not train or fine-tune its core AI models on Customer Data without Customer's explicit consent.

Artificial Intelligence Commitments

Figlens is committed to responsible AI practices and will implement principles of fairness, transparency, and safety into our Services. Figlens will defend and indemnify the Customer against third-party copyright infringement claims arising directly from Figlens' creation or development of the AI components of the Services.

What's Yours is Yours

As between Figlens and the Customer, Customer retains ownership of all Customer Data. Customer retains the right to use videos generated through the Services for commercial or non-commercial purposes, subject to compliance with this Contract.

And What's Ours is Ours

Figlens owns and will continue to own the Services, Figlens Content, and all related intellectual property rights. Figlens grants Customer a non-transferable, non-sublicensable, non-exclusive, limited license to access and use Figlens Content made available through the Services during the subscription term.

Auto-Renewal

Unless otherwise specified during purchase, all subscriptions automatically renew for successive periods equal to the initial subscription term. Either party may prevent renewal by providing notice at least thirty (30) days prior to the end of the current term.

Termination for Cause

Either Figlens or the Customer may terminate this Contract upon written notice if the other party materially breaches the Contract and fails to cure such breach within thirty (30) days after notice.

Data Portability and Deletion

During an active subscription term, Customer may export its Customer Data through the Services. After termination, Figlens has no obligation to maintain or provide access to Customer Data or Custom Avatars.

EXCEPT AS EXPRESSLY PROVIDED IN THIS CONTRACT, THE FIGLENS SERVICES, FIGLENS CONTENT, AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND.

Customer acknowledges that Figlens does not warrant that the Services will be uninterrupted, timely, secure, stable, or error-free.

EXCEPT FOR A PARTY'S INDEMNIFICATION OBLIGATIONS, IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS CONTRACT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

These limitations reflect the risk allocation agreed upon by the parties, and the pricing of the Services takes such limitations into account.

Our Indemnification of Customer

Figlens will defend Customer against any third-party claims alleging that the Services or Figlens Content, when used as permitted, infringe or misappropriate a third party's intellectual property rights.

Customer's Indemnification of Figlens

Customer will defend Figlens against any third-party claims alleging that Customer Data infringes or misappropriates a third party's intellectual property rights, or Customer's use of the Services violates this Contract.

Each party may disclose confidential or proprietary information to the other party under this Contract. The Receiving Party will take reasonable measures to prevent unauthorized use or disclosure of Confidential Information and not use such information outside the scope of this Contract.

Governing Law

This Contract and any disputes arising out of or relating to it will be governed exclusively by the laws of the State of Delaware, without regard to conflicts of law principles. The courts located in Wilmington, Delaware, will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Contract.

Entire Agreement

This Contract constitutes the entire agreement between the parties and supersedes all prior agreements and understandings between the parties relating to the subject matter herein.

Amendment

Figlens may modify these Customer Terms at any time. If we make material changes to these Customer Terms, we will provide notice to Customer via email or through the Services at least thirty (30) days before the changes become effective.