Terms of Service

1.1 "Account" means the user profile required to access the Services, created by registering at https://www.getvily.com.

1.2 "Brand" means your trademark, brand assets, and associated visual identity submitted for use with the Services.

1.3 "Workspace" means an isolated environment inside Vily that contains a Brand, its connected channels, credits, seats, and content. Each Workspace is a separate commercial unit with its own Subscription.

1.4 "Credits" means virtual units that enable you to generate Content and run workflows on the Services.

1.5 "Content" means all marketing materials (text, images, ads, emails, social posts, campaigns) generated through the Services.

1.6 "Services" means Vily's AI Marketing platform that learns your Brand DNA and generates Content on your behalf.

1.7 "Subscription" means your enrollment and agreement to pay fees for ongoing access to the Services within a Workspace.

1.8 "Subscription Plan" means the specific plan level you subscribe to (Starter, Growth, Agency, or Enterprise).

2.1 Grant of Rights. We grant you a limited, non-exclusive, non-transferable, and revocable right to access and use the Services during your Subscription period solely for your internal business purposes and in accordance with these Terms.

2.2 Restrictions. You shall not, and shall not permit any third party to: (a) copy, reproduce, modify, distribute, or reverse engineer the Services; (b) use the Services for any illegal, fraudulent, or unauthorized purpose; (c) upload, generate, or distribute Content that violates any applicable law or third-party rights; (d) upload, generate, or distribute sexually explicit or pornographic Content, including depictions of sexual acts or simulated sexual acts, nudity or exposed genitalia of real or realistic human figures, or explicit sexual behavior; (e) use the Services to generate Content intended primarily for sexual arousal when such Content includes nudity or sexual acts; (f) attempt to gain unauthorized access to the Services or related systems; (g) resell, sublicense, or otherwise make the Services available to third parties without our prior written consent.

For clarity: the creation of marketing or product visuals for adult products (including sex toys) is permitted provided that the Content does not depict nudity, sexual acts, or explicit sexual behavior.

2.3 Enforcement and Account Termination. We reserve the right, at our sole discretion, to suspend, restrict, or permanently terminate any Account or Workspace at any time and without prior notice if we determine that the Content or usage violates these Terms, applicable laws, or our content policies. Such enforcement actions may be taken immediately and without liability to you.

2.4 Account Security. You are responsible for maintaining the confidentiality of your Account credentials and for all activities conducted under your Account or within any Workspace you own.

3.1 Service Delivery. Services are deemed delivered upon providing access credentials to your Workspace, regardless of actual usage.

3.2 AI-Generated Content. Due to the nature of AI, the Content may not be unique and similar results may be generated for other customers. You are responsible for reviewing all Content before publishing it externally and for ensuring it complies with the policies of any third-party platforms you publish to (e.g., Meta, TikTok, Google).

3.3 Account Management. You may cancel your Account at any time by emailing hi@getvily.com or through your Workspace settings.

4.1 Fees. Current pricing is displayed at https://www.getvily.com/en/pricing. All fees are exclusive of VAT and any other applicable taxes, which will be added to your invoice where required by law. We may modify fees with 30 days' notice.

4.2 Billing Cycles. Monthly plans are billed monthly in advance. Annual plans are billed annually in advance and reflect a 20% discount in exchange for a 12-month commitment. Subscriptions automatically renew at the end of each billing period unless cancelled.

4.3 Cancellation. Cancellation takes effect at the end of your current billing period. You retain access to the Services until the end of your paid period. No partial refunds are issued for unused time, except as provided in Section 4.6. Annual Subscriptions cannot be cancelled mid-term and are non-refundable for the unused remainder of the 12-month commitment.

4.4 Payment Methods. We accept major credit cards and other payment methods displayed at checkout. You must provide accurate billing information.

4.5 Credits. Credit top-ups and add-on packs are non-refundable once purchased. Credits have no cash value and cannot be exchanged for monetary refunds. Unused top-up credits are forfeited upon Account or Workspace termination.

4.6 Refund Policy. A full refund is available within 7 days of your first paid Subscription on a given Workspace, provided you have used less than 10% of that Subscription Plan's monthly credit allocation. Refund requests must be sent to hi@getvily.com. No refunds are issued after 7 days or after 10% credit usage. Refunds, where granted, will include any VAT originally charged.

4.7 Promotional Pricing and Discounts. Any discount, promotional code, or reduced pricing applied at checkout applies only to the first billing cycle unless explicitly stated otherwise at the time of purchase. After the initial discounted period, your Subscription will automatically renew at the then-current standard rate for your Subscription Plan as displayed at https://www.getvily.com/en/pricing.

4.8 Taxes. Fees are quoted exclusive of VAT and any other taxes. Where applicable, VAT will be added at the rate in force in Vietnam at the time of invoicing. You are responsible for any taxes, duties, or government fees imposed in your own jurisdiction that are not collected by us.

5.1 Vily Property. All Services, including the software, algorithms, AI models, prompts, platform elements, and Vily's own trademarks and brand assets, remain our exclusive property.

5.2 Your Content. You retain all rights to your Brand and to the input materials you upload to your Workspace (the "Brand Inputs"). You grant us a limited, non-exclusive license to use the Brand Inputs solely to provide the Services to you. We do not use your private Brand Inputs to train shared models that benefit other customers.

5.3 Generated Content. You own the Content generated for you, subject to the non-uniqueness provisions in Section 3.2 and to your continued compliance with these Terms.

6.1 "AS IS" Basis. The Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by law, we disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

6.2 No Guarantee. We do not guarantee that the Services will be uninterrupted, secure, error-free, or that defects will be corrected. We make no warranty that the Content generated by the Services will meet your specific requirements, achieve any particular marketing outcome, or comply with the policies of any third-party publishing platform.

6.3 Modifications to the Services. We reserve the right, at any time and in our sole discretion, to modify, update, suspend, or discontinue any part of the Services, including features, functionality, integrations, user interface, pricing, Subscription Plans, payment structures, and credit systems. Such modifications may include changes to the way credits are earned, used, allocated, expired, or limited. Continued use of the Services after such changes constitutes acceptance of the updated Services.

6.4 Changes to Plans and Pricing. We reserve the right to modify Subscription Plans, pricing, billing cycles, and credit allocations at any time. Any changes will apply prospectively and will not retroactively affect payments already made, unless required by law.

6.5 Limitation of Liability. To the maximum extent permitted by law, our total liability arising out of or related to the Services shall not exceed the total fees paid by you to us during the six (6) months immediately preceding the event giving rise to the claim.

7.1 Data Use. We process your data solely to provide the Services, as detailed in our Privacy Policy at https://www.getvily.com/en/privacy-policy.

7.2 Data Security. We implement industry-standard security measures, including encryption in transit and at rest, to protect your data.

7.3 Applicable Laws. We comply with applicable data protection laws in the jurisdictions where we operate.

8.1 By You. You may terminate at any time subject to the cancellation requirements in Section 4.3 and to the annual commitment terms in Section 4.2 where applicable.

8.2 By Us. We may suspend or terminate your access for: breach of these Terms; non-payment; illegal, fraudulent, or harmful use of the Services; violation of third-party rights. Upon termination, your Workspace data will be retained and deleted according to our Privacy Policy.

Each party shall maintain the confidentiality of the other party's Confidential Information using reasonable care and shall not disclose it to third parties, except to its own employees, contractors, or advisors who have a need to know and who are bound by confidentiality obligations no less protective than these Terms.

10.1 Entire Agreement. These Terms, together with our Privacy Policy and any order form or contract you sign for Enterprise plans, constitute the entire agreement between the parties regarding the Services.

10.2 Modifications. We may update these Terms with 30 days' notice, by email or by posting the updated Terms on our website. Continued use of the Services after the effective date of the changes constitutes acceptance.

10.3 Governing Law. These Terms are governed by the laws of Vietnam, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms shall be submitted to the competent courts of Vietnam.

10.4 Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

10.5 Assignment. You may not assign these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

10.6 Force Majeure. Neither party shall be liable for any delay or failure to perform due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, civil unrest, government action, labor disputes, or interruptions in internet or cloud infrastructure.

For questions about these Terms, billing matters, refund requests, or any other inquiries, please contact us at hi@getvily.com.