Terms of Use

LAST UPDATED: August 2024

This agreement governs your use of the ufocus website. To learn about usage rights for our royalty-free content, please read our Content License Agreement.

This Web site is owned and operated by ufocus inc ("UFOCUS"). Access and use of this Web site, including the ufocus AI Generator, is provided by ufocus to you on condition that you accept these Terms of Use, and by accessing or using this Web site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Web site.

ufocus may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

Use of the Site

This Web site and its contents including such information as software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets and other material (collectively, "Content") are intended for customers of ufocus. You may not use this Web site or the Content for any purpose not related to your business with ufocus. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Web site or the Content without, or in violation of, a written license or agreement with ufocus; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Web site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any ufocus product or service if you are not expressly authorized by such party to do so; and (e) using the Web site or the Content other than for its intended purpose, as determined solely in ufocus's discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

ufocus will not be responsible to pay you or any Third Parties fees in connection with billing or collecting any licensing fees from you. You are responsible for all applicable taxes and any applicable Third Party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees.)

Registration Data and Account Security

In consideration of your use of the site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to ufocus, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify ufocus immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to ufocus.

In connection with the search feature and/or ufocus AI Content Generator within the Website, in order to use such functionalities of the Website, you hereby provide ufocus and its partners a non-exclusive, non-revocable, sublicensable, worldwide, royalty-free license to use any inputs (e.g., search terms, image generation prompts) you provide on the Website to use in order to provide such functionalities to you as well as for any other of ufocus's business purposes. To the extent any ownership rights result from the outputs generated by your use of the ufocus AI Content Generator, such outputs are owned by you and ufocus assigns all right, title and interest to such outputs to you to the extent necessary to effectuate the foregoing.

Intellectual Property

All materials (including the organization and presentation of such material as well as the ufocus AI Generator) on this Web site (the "Materials") are the property of ufocus and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with ufocus, such as a Royalty Free License Agreement, any other use of these Materials without ufocus's written permission is prohibited.

The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way. Notwithstanding the foregoing, you may only use the ufocus AI Generator subject to a subscription and for no purposes other than those set forth in your applicable subscription.

We also appreciate any feedback or other suggestions about our services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.

Trademarks

ufocus, ufocus, the ufocus design, ufocusaudio, ufocusvideo, ufocusalypse and CopySpace and any other product or service name or slogan contained in the Site are trademarks of ufocus and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ufocus or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "ufocus" or any other name, trademark or product or service name of ufocus without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ufocus and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Privacy

ufocus is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Website Privacy Commitment for further details. In connection with the ufocus AI Generator, you agree that you will not include any generations or prompts including any personally identifiable information.

Currency of Web site

ufocus updates the information on this Web site regularly. However, ufocus cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. ufocus may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked Web sites

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that ufocus monitors or endorses these Web sites. ufocus does not accept any responsibility for such Web sites. ufocus shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.

ufocus shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. ufocus recommends that you install appropriate anti-virus or other protective software.

Web Site and Materials Provided "As Is"

THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY EDITING TOOLS OR, MUSIC, AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. UFOCUS DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE, ANY EDITING TOOLS, MUSIC OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION OR TOOLS CONTAINED THEREIN.

IN NO EVENT SHALL UFOCUS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold ufocus harmless against all claims or liability asserted against ufocus arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Email

Feel free to visit our contact us page. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. ufocus is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that:

  • ufocus has no obligation concerning such information;
  • the information is non-confidential;
  • ufocus may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
  • the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law

This Web site is controlled, operated and administered by ufocus from within the Province of Ontario, Canada. This Web site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing this Web site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily.

General

ufocus's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

Age and Responsibility

You represent and warrant that you are of sufficient legal age to use the site and to create binding legal obligations for any liability you may incur as a result of the use of the site. You agree to be responsible for all of your use of the site (as well as for use of your account name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of the site under your name or account.

Contact

If you have concerns relating to this web site or these Terms of Use, please contact us.