Terms of Use

Welcome to Abound (the “App”), built by Abound Labs Inc., a Delaware corporation (“Abound Labs”, “we”, “us”, “our”). Abound can be used to create 3D models, videos, text, and other content (collectively, “Content”).

These Terms of Use (“Terms”) apply to any person, company, or organization (the “User”, “you”, “your”) who downloads, installs, accesses, or uses Abound. By using Abound, you agree to these Terms. If you do not agree to these Terms, do not use Abound.

Eligibility

You must be at least 13 years old to use the App.

Privacy

We are committed to protecting your privacy and the confidentiality of your personal information. Our Privacy Policy explains how we collect, use, and handle your information.

Acceptable Use
Compliance with Laws and Regulations

Your use of the App must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the App is in compliance with laws and any applicable regulations.

Content Restrictions

The following restrictions apply to your use of the App. You are not allowed to upload, post, or transmit any content that:

  • is unlawful or promotes unlawful activities;
  • is or contains sexually obscene content;
  • is libelous, defamatory, or fraudulent;
  • is abusive toward any individual or group;
  • contains or installs any malware or exploits; or
  • infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
Conduct Restrictions

While using the App, under no circumstances will you:

  • harass, abuse, threaten, or incite violence towards any individual or group;
  • use the App or our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers;
  • attempt to disrupt or tamper with our servers in ways that could harm our App, to place an undue burden on our servers through automated means, or to access the App in ways that exceed your authorization;
  • violate the privacy of any third party, such as by posting another person's personal information without consent.
Your Content
Ownership of Content

You retain ownership of all Content that you create using Abound (“Your Content”), and you are solely responsible for any harm resulting from Your Content.

License Grant

If you request that we publish, share, or host Your Content, you grant us the right to store, transmit, and display Your Content and make incidental copies as necessary to fulfill your request. This license does not grant us the right to sell Your Content.

Abound Labs Content

Abound Labs and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the App. We reserve all rights that are not expressly granted to you under these Terms or by law.

Disclaimer of Warranties

Abound Labs provides the App “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the App including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Abound Labs does not warrant that the App will meet your requirements; that the App will be secure, or error-free; that the information provided through the App is accurate, reliable or correct; that any defects or errors will be corrected; that the App will be available at any particular time or location; or that the App is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the App.

Limitation of Liability

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:

  • the use, disclosure, or display of Your Content;
  • your use or inability to use the App;
  • any modification, price change, suspension or discontinuance of the App;
  • the App generally or the software or systems that make the App available;
  • unauthorized access to or alterations of your transmissions or data;
  • statements or conduct of any third party on the App;
  • any other user interactions that you input or receive through your use of the App; or
  • any other matter relating to the App.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in these Terms is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

Indemnification

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys' fees, arising out of (1) your use of the Service, (2) your Content or (3) your violation of these Terms, provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases us of all liability.

Changes to These Terms

These Terms are subject to occasional revision. We will notify you of any changes to these Terms by posting the new Terms on the App and updating the “Last Updated” date

General

Except to the extent applicable law provides otherwise, these Terms and any access to or use of the App are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions. You and Abound Labs agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of New York, New York.

Abound Labs may assign or delegate these Terms of Use and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including the license grant contained in the “Your Content” section of these Terms. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.

If any part of these Terms is held invalid or unenforceable, that portion of these Terms will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect. Any failure on the part of Abound Labs to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.

These Terms of Use, together with the Privacy Policy, represent the complete and exclusive statement of the agreement between you and us. This agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Abound Labs relating to the subject matter of these Terms including any confidentiality or nondisclosure agreements.

Contact

Please contact us at feedback@aboundlabs.com with any questions regarding this Agreement.

Last Updated: October 3, 2021