Flexalon Copilot Logo

Terms of Use

Last Updated: September 12, 2023

Thank you for using Flexalon Copilot!

These Terms of Use ("Terms") apply when you use the product "Flexalon Copilot" and its related services provided by Virtual Maker Corporation. This includes but is not limited to the application programming interface, software, tools, developer services, data, documentation, assets, and associated websites that fall under the umbrella of "Flexalon Copilot" (collectively referred to as the “Services”). These Terms do not apply to other products or services of Virtual Maker Corporation that are not associated with "Flexalon Copilot".

For information regarding how we use and protect your personal information, please see the Privacy Policy.

1. General Terms

1.2 Account. A Flexalon Copilot account is required in order to take full advantage of the Services. The account can be created directly by filling out the appropriate form. You agree to provide only accurate and true information in connection with the creation of your account, and to update your information as necessary so it remains accurate and current. You may not transfer your account to any third party. You are responsible for keeping your account login information confidential and for any and all activities that occur under your account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or other breach of security on the Services.

1.3 Access. We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, in accordance with this Agreement and Section 9 hereof, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.

1.4 Minors.You must be at least 13 years old to use the Services. If you are under 18, you represent that you have your parent or guardian’s permission to use the Services. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Services, you are subject to the terms of this Agreement and responsible for your child’s activity on the Services.

1.5 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.

2. Subscriptions

2.1 Subscription. In order to access the Services, users must maintain an active subscription.

2.2 Subscription Pricing. Payment is due at the beginning of each subscription period. Virtual Maker shall email payment invoices to Users upon request. In the event of a pricing change to your subscription plan, we will inform you within fourteen (14) days before the new prices take effect. If you do not wish to continue your current Paid Services plan with the new prices, you may cancel your Paid Services.

2.3. Limitations. Usage of the Service is subject to usage limitations, based on the active subscription. Please refer to the Usage Limits documentation.

2.4 Payments. All subscription fees are payable securely via Stripe (www.stripe.com).

2.5 Representations. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) THAT YOU USE TO PAY FOR THE SERVICES. You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

3. Assets

3.1 License. As part of our Services, we provide various code and assets to our users, collectively referred to as “Assets”. These are not sold but are licensed to you under specific terms, granting you rights to use them in designated ways:

  • to incorporate the Assets, together with substantial, original content, into an electronic application or digital media that has a purpose, features, and functions beyond the display, performance, distribution, or use of Assets (“Licensed Product”) as an embedded component of that Licensed Product, such that the Asset does not comprise a substantial portion of the Licensed Product;
  • to reproduce, publicly display, publicly perform, transmit, and distribute the Assets as incorporated and embedded in that Licensed Product;
  • to incorporate the Assets into physical advertising materials and reproduce, publicly display, publicly perform, transmit and distribute the Assets as incorporated into those materials solely for marketing purposes with respect to the Licensed Product;
  • monetize the Assets within and for use within a Licensed Product, including via in-app purchases; and
  • except as set forth in 2.2 below, modify the Assets in connection with (a), (b), (c), and (d).

3.2 Limitations on License. Without limiting the foregoing, you may not, and have no right to,

  • enable a customer or user of a Licensed Product to sell, transfer, distribute, lease, or lend the Assets for commercial gain or commercialize Assets within a Licensed Product,
  • without express authorization, monetize Assets in a Licensed Product where the Licensed Product’s primary purpose is to create user-generated content,
  • use, reproduce, duplicate, publicly display, publicly perform, copy, modify, adapt, translate, prepare derivative works of, distribute, transfer, license, sublicense, rent, lease, lend, sell, trade, resell, or otherwise commercialize or monetize Assets except as expressly permitted in these terms.
  • without express authorization, use Assets in any digital representation of value, ownership, or contractual rights.

4. Content

4.1 Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, Virtual Maker hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. Virtual Maker may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.

4.2 Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for Virtual Maker or a third party. Output that is requested by and generated for other users is not considered your Content.

4.3 Use of Content to Improve Services. We may use Content from Services to help develop and improve our Services.

4.4 Accuracy. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accomplish the request or does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.

4.5 Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.

5. Restrictions and Obligations

It is important to us that the Services be used safely, and in accordance with the law.. You agree that you will not use the Services to:

  • Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, except as permitted by this Agreement;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy;
  • Use output from the Services to develop models that compete with Virtual Maker.
  • Represent that output from the Services was human-generated when it is not.
  • Transmit any material or content that is pornographic, dehumanizing, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal;
  • Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
  • Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
  • Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods;
  • Use the Services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or Virtual Maker's computer or networking systems, (c) will divert of the Services' system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or Virtual Maker's computer or networking systems;
  • Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
  • Intrude into a third party's computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party's computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans); or
  • Otherwise use the Services for purposes other than those for which they were designed. You will comply with any rate limits and other requirements in our documentation.

You agree to inform Virtual Maker promptly about any legal complaint, claim or action related to the Content you have uploaded using the Services.

6. Warranty Disclaimers, Limitations of Liability, Indemnity

DISCLAIMER OF WARRANTIES. VIRTUAL MAKER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. VIRTUAL MAKER CORPORATION EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES. No advice or information obtained by you from Virtual Maker Corporation, or otherwise through the Services, will create any warranty not expressly stated herein.

LIMITATION OF LIABILITY. VIRTUAL MAKER'S MAXIMUM AGGREGATE LIABILITY TO ANY USER WILL BE THE AMOUNT PAID BY SUCH USER TO VIRTUAL MAKER FOR THE PERIOD IN WHICH THE LIABILITY ARISES (UP TO A MAXIMUM OF USD10,000), ONLY IF THE USER HAS PAID FEES FOR USE OF THE SERVICES. VIRTUAL MAKER WILL NOT OTHERWISE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR FROM ANY INFORMATION, DESIGNS, CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity. You agree to indemnify and hold Virtual Maker and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys' fees) assessed or incurred by Virtual Maker directly or indirectly, with respect to or arising out of: (i) your failure to comply with this Agreement; (ii) your breach of your obligations under this Agreement; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) your violation of any third party right or applicable law, including without limitation any intellectual property, publicity, or privacy, right or law; and/or (v) any claim that any of your Content caused damage to a third party.

7. International Data Processing

To help provide you with the Services, we and our service providers may process your data on servers and equipment located in the United States or any other countries where we or they operate. By using the Services, you agree to the transfer of your data to locations that may be outside your country of residence, including the United States. You acknowledge and agree that, as a condition of providing Virtual Maker with your data, you can legally transfer it to other countries like the United States for the purposes contemplated under this Agreement. If data includes personal data of data subjects in the European Union, you may be required to enter into a data processing agreement with Virtual Maker that includes Controller-to-Processor Standard Contractual Clauses. Other jurisdictions may have their own data processing requirements for some parties and types of data. To learn more about data processing agreements terms that may be available to support your use of the Services, please contact the Virtual Maker support team.

8. Intellectual Property Claims

If you believe that your intellectual property rights have been infringed, please send notice to our support email. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.

Written claims concerning copyright infringement must include the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

9. Modifying and terminating the Services

9.1 At any time. Virtual Maker reserves the right to modify or stop offering all or part of the Services at any time, at its own discretion, in which case we will provide you with fourteen (14) days notice.

9.2 For cause. We may terminate your user account or right to access all or portions of the Services at any time, without notice, for conduct that we believe violates this Agreement and/or is harmful to other users, to Virtual Maker, to other service or information providers, or to any third parties.

9.3 Survival. After any termination of this Agreement and/or after you otherwise stop using the Services, the following will survive and remain enforceable and in full force and effect: (i) all outstanding obligations between you and us; (ii) all remedies for breach of this Agreement; and (iii) all terms and conditions of this Agreement to the extent necessary for the enforcement of the parties rights and obligations, including, without limitation, the following sections of this Agreement: 3, 4.1; 4.2; 4.5; 5; 6; 7; 8; 9; 10, 12.

10. Applicable law and jurisdiction; Arbitration

10.1 Applicable law and jurisdiction. The Services are primarily operated by Virtual Maker from its offices in the United States. Access to the Services from jurisdictions where such access is illegal is prohibited. All matters arising from or relating to this Agreement and the use and operation of the Services shall be governed by the substantive laws of the state of Texas, USA, without regard to its conflicts of laws principles, except to the extent the privacy laws of other jurisdictions govern our treatment personal information as described in our Privacy Policy. Without derogation of the obligation to arbitrate set forth in Section 10.2 below, you agree to submit to the personal jurisdiction of the state and federal courts located in Houston, Texas, USA. If you are accessing the Services from locations outside the United States, including the European Union, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services in violation of US or EU export laws or regulations.

10.2 Arbitration. All disputes arising out of or relating to this Agreement or the Services shall be resolved exclusively by binding arbitration before a single arbitrator (the "Arbitrator") in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "AAA") then in effect and the further procedures set forth herein. (For information on the AAA and its rules, see www.adr.org.) The arbitration shall be conducted in Houston, Texas, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq. Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and ALL USERS WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to these terms and conditions, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, Virtual Maker shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Virtual Maker​, such action is necessary or desirable. Also notwithstanding the foregoing, a User may at their option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. Virtual Maker does not hereby waive any defense that such jurisdiction may be lacking in the User's jurisdiction.

10.3 Class Action Wavier. To the maximum extent permitted by applicable law, you agree to only bring disputes in an individual capacity and shall not: seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of Virtual Maker and all parties to all other actions or arbitrations.

11. Amendment

Virtual Maker reserves the right to amend the Agreement at any time by posting a notice on this page, sending an email notification to registered Users, or otherwise notifying Users via the Services. Registered Users will receive reasonable advance notice of forthcoming changes, except (1) when launching a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. Any User using the Services after an amendment has become effective accepts the Agreement as amended. If you don't agree to the new terms, you should stop using the Services.

12. Miscellaneous

This Agreement represents the entire agreement between Virtual Maker and the User with respect to the provision of the Services, and all prior representations and understandings, whether written or oral, are excluded. No delay or omission by Virtual Maker in exercising any of its rights occurring upon any noncompliance or default by any User with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Virtual Maker of any of the covenants, conditions or terms to be performed by a User will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or terms hereof contained. As used in this Agreement, "including" means "including but not limited to." If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then the Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. Virtual Maker may freely assign this Agreement, including to any purchase of Virtual Maker Corporation and/or its business operations. You agree that the electronic text of this Agreement constitutes a writing, and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.

You consent to receive communications from us electronically, and you agree that we may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you, or that you provide to us, electronically satisfy any legal requirement that such communications be in writing. We are not responsible for any automatic filtering that may be applied to any email notices that we send to the email address you have provided.

The Services are operated by Virtual Maker Corporation, a Delaware corporation. General inquiries may be directed to our support team.

Discord (Support) | Terms of Use | Privacy