Wondershare Virbo EULA TERMS

"Wondershare Virbo" refers to the client application lawfully owned and operated by us under the name of "Wondershare Virbo". We reserve the right to unilaterally change the name of the application. Upon notice of a change of name, all provisions of this Supplemental Agreement will apply to the renamed client application.

This Additional EULA shall apply to Wondershare Virbo (hereinafter referred to as "Virbo" or "Software"). This Additional EULA is part of the Wondershare END USER LICENSE AGREEMENT. By installing this Software, the end user (hereinafter referred to as "you" or the "user") agrees to be bound by this Additional EULA and all the terms and conditions of the Wondershare END USER LICENSE AGREEMENT. This Additional EULA does not apply to other Wondershare software products, unless otherwise specified by Wondershare.

1. Virbo Introduction

Virbo provides you with the services below:

1) Technical services for you to record or compose, edit, export, share, and publish videos. This Software offers a wide range of special effects particles and video templates to help you quickly produce a variety of videos;

2) This Software has abundant built-in "AI avatar" resources which are refined and converted from model live videos. You can input pre-edited text content and use the AI avatars in this Software to generate an engaging video with natural voices (the Software contains many built-in AI avatar images which can be used as though they are real models or actors in your audio or video).

3) This Software offers AI avatar customization services and voice cloning services (collectively, hereinafter referred to as "Customization Services") as you need. For detailed shooting guidelines, please click here to download the PDF file.

2. Grant of the License

Subject to the terms and conditions of this Agreement and your payment of the license fee, Wondershare hereby grants you the limited, revocable, personal, non-exclusive, and non-transferable right to use this Software.

3. Customization Services

With respect to the Customization Services, the following terms are critical and essential for your using this Software and Customization Services, you acknowledge and agree as follows:

(1) Material Shooting. The quality of the AI avatar and cloned voice (collectively, the "Customized Outcomes") we deliver to you depends on the quality of the raw materials you provide, including videos, audio, original footage and other electronic files (hereinafter referred to as the "Raw Materials"). Therefore, you should follow our requirements and guidelines for shooting and recording Raw Materials, otherwise it will affect the final effect of the Customized Outcomes. We will review the Raw Materials you provided to ensure that such Raw Materials meet the standards and requirements of our technology. If your Raw Materials fail to pass our review, we will notify you by email and you can reshoot and provide materials until they pass our review.

(2) Consent Statement. Due to relevant compliance requirements, you must provide the corresponding verbal consent statement in accordance with our requirements and guidelines each time you upload Raw Materials. If you fail to provide the aforementioned verbal statement as required, we have the right to refuse to proceed with the subsequent Customization Services until you provide the required verbal statement. If the model, the individual you appointed to act as your model in shooting Raw Materials, in the Raw Materials shooting is not you, you need to ensure that the Model provides the corresponding consent statement in accordance with our requirements and guidelines.

(3) Ownership of Rights. All copyright and related intellectual property rights under the Customized Outcomes we create for you belong to us. After you pay the corresponding fees, we grant you the right to use such Customized Outcomes for a specific period of time. The Customized Outcomes you customize can only be stored in this Software, and you are only allowed to use the Customized Outcomes within this Software to synthesize and export videos. Please note that we only save your Customized Outcomes during your paid subscription period. If your subscription period expires and you do not renew it, we will delete your Customized Outcomes. If you continue to use our Customization Services in the future, you need to pay us fees and re-customize and clone according to our requirements again.

(4) Refund. Once we believe that the Raw Materials you uploaded meet our technical requirements, we will start the AI avatar and voice cloning training. Because training a AI avatar and cloned voice consumes many of our technical resources and efforts, therefore, we will not refund any fees once we start the such training work. Whereas our products/services are software as the supply of digital content which is not supplied on a tangible medium, and this EULA is a distance contract, therefore, if you are a residence in any of the member states of the European Union, you hereby acknowledge and consent to lose your right of withdrawal. Consequently, if your situation is not eligible for a return or refund as described in our Refund Policy, you are not eligible for a return/refund.

(5) Algorithm Training. When you purchase our Customization Service, you can have yourself or a individual you designate as a model to shoot Raw Materials (collectively, the"Model") and provide them to us. Based on the needs of the Customization Service, you agree that the Raw Materials you provide must contain the Model's portrait, voice, and other personal information with biological characteristics, and we will provide you with AI avatar image customization, voice cloning, and other services by processing and training Raw Materials via relevant algorithm technology. Due to algorithm technology and other reasons, you hereby authorize and agree that we may transmit the aforementioned personal information to third-party algorithm technology service provider (we have the right to dynamically update algorithm technology providers according to our business needs) for algorithm training to finally form a AI avatar and cloned voice. The aforementioned algorithm provider will collect and process the aforementioned personal information. If the aforementioned Model is not you, you need to inform the Model in writing of the detailed information collection, ensure that the Model is fully and completely aware of and agrees to the information collection and processing, and ensure that the Model fully and completely agrees to our provision of Raw Materials to the aforementioned algorithm provider. If you have any disputes with the Model as a result, you should resolve and settle such disputes and bear all responsibilities and losses on your own, and we will not be responsible for any such disputes or losses.

(6) Cross-border Data Transfer. The personal information you provide to us and the personal information we collect from you will be transferred to countries outside your country of residence (such as China, the United States), stored or processed in these countries/regions. Your personal information is also processed by one of our algorithm service providers or partners outside the European Economic Area, the UK, or Switzerland. Our processing your personal information provided to us is under the purpose to provide our Customization Services and fulfill our services contracts with you. You shall provide Raw Materials to us in the manner specified by us, such as Google Drive.

Moreover, the legal basis for us processing the aforementioned personal information includes:

A. Fulfilling the contract we have signed with you. After you subscribe to our Customization Services, we must obtain your or the relevant Model's personal information under Raw Materials containing biological features such as images and voices in order to provide you with Customization Services. If you do not provide the aforementioned information and Raw Materials, we will not be able to provide our Customization Services to you.

B. Your consent. By agreeing to this EULA, you consent to us collecting and processing your personal information and Raw Materials in accordance with the agreement in order to provide services to you.

4. Membership Types and Benefits for Each Membership Type

Wondershare offers different types of memberships for you to subscribe to or purchase. Different types of membership vary in terms of features and benefits.

1) Standard membership

Standard membership is limited to personal use. Users may use some of the features of this Software free of charge but are not entitled to use member-exclusive resources and templates. Standard membership includes 2 minutes of video production time. Each video is limited to 30 seconds in duration with a resolution of 720p. Standard members are provided with 512MB of cloud storage space free of charge. This does not apply for users who have previously purchased Wondershare cloud drive membership.

2) Monthly membership

Users may use the various features of this Software for 30 calendar days after purchasing a monthly membership, including member-exclusive resources and templates. Monthly membership includes 15 minutes of video production time. Each video is limited to 2 minutes in duration with a resolution of 1080p. Users with monthly membership are provided with 20GB of cloud storage space and should abide by the Wondershare Cloud Service Agreement (https://www.wondershare.com/company/end-user-license-agreement.html).

3) Annual membership — Essential

Users may use the various features of this Software after purchasing an annual membership (Essential), including member-exclusive resources and templates. Annual membership (Essential) includes 45 minutes of video production time. Each video is limited to 5 minutes in duration with a resolution of 1080p. Users with annual membership are provided with 100GB of cloud storage space and should abide by the Wondershare Cloud Service Agreement (https://www.wondershare.com/company/end-user-license-agreement.html).

4) Annual membership — Pro

Users may use the various features of this Software after purchasing an annual membership (Pro), including member-exclusive resources and templates. Annual membership (Pro) includes 300 minutes of video production time. Each video is limited to 5 minutes in duration with a resolution of 1080p. Users with annual membership are provided with 100GB of cloud storage space and should abide by the Wondershare Cloud Service Agreement (https://www.wondershare.com/company/end-user-license-agreement.html).

5) Purchase of single export

Users may use the various features of this Software after purchasing a single export, including member-exclusive resources and templates, and the export of a single video. Single export videos are limited to 30 seconds in duration with a resolution of 720p. When using the cloud storage space provided by the product, users should abide by the Wondershare Cloud Service Agreement (https://www.wondershare.com/company/end-user-license-agreement.html).

6) The content you produce, edit, export or publish must comply with national laws and regulations, and you must not produce, export or publish false information using new technologies and applications based on deep learning and AI technology, etc. When you export or publish non-authentic audio or video content produced using new technologies and applications based on deep learning, AI technology, etc., you should make such content clearly identifiable.

7) The company has set up a complaint and reporting platform for members of the public. Using the complaint and reporting platform, you can file complaints to the company, report acts violating laws and regulations as well as illegal and harmful information. The company will promptly accept and process your complaints and reports to help create a safe and fair cyberspace.

When you use software and related services provided by a third party inside Wondershare Virbo, in addition to complying with this Agreement and other related rules of Wondershare Virbo, you may need to agree to and comply with the third party’s agreements and related rules. Any dispute, loss or damage arising from using third-party software and related services should be resolved between you and the third party. In such cases the company shall not be liable to you or any third party.

5. User Code of Conduct

You should be responsible for your conduct when using this Software and related services. Unless permitted by law or with our prior written permission, you must abide by the following code of conduct when using this Software and related services:

1) This Software contains a number of innovative features. You should ensure you either legally own the intellectual property rights or have obtained the permission of relevant owner for the content recorded, produced, edited, exported and published through using this Software, and do not infringe any rights of any third party (such as intellectual property rights, name rights, portrait rights, data privacy rights, personal information rights, etc.);

2) When you use our Customization Services, you shall ensure and warrant that any and all of your Raw Materials which you provide and submit to us for Customization Services, shall not infringe or harm any rights and interests of any thirty party, you shall hold and obtain relevant right and authorization to grant, permit, and authorize us to use such Raw Materials for providing Customization Services. Moreover, you hereby grant, permit, and authorize us a non-exclusive, royalty-free, irrevocable, transferable, and sub-licensable, worldwide license to use, distribute, modify, manipulate, reproduce, publicly display, translate or create your Raw Materials so as to create your customized AI avatar, cloned voice, and provide Customization Services to you.

3) The content you record, produce, edit, export, or publish must not contain the following:

a) Content that is against the basic principles established by the Constitution;

b) Content that results in endangering national security, divulging state secrets, subverting state power or undermining national unity;

c) Content that does harm to national pride and interests;

d) Content that incites ethnic hatred, ethnic discrimination, and undermines ethnic unity;

e) Content that insults or misuses the images of heroes, negates the deeds of heroes, or whitewashes acts of invasion and war;

f) Content that is against the state's religious policies, or promotes heresy and feudalistic superstition;

g) Content that spreads rumors, disturbs the social order, or endangers social stability;

h) Content that spreads obscenity, pornography, gambling, violence, murder, terror or abets crimes;

i) Content that insults or calumniates others, or infringes upon the legitimate rights and interests of others;

j) Content that smears or damages the image or reputation of AI avatars;

k) Information containing other content prohibited by laws or administrative regulations.

4) You may not use the content created using this Software for any illegal purpose such as fraud or deception. You agree that you will enjoy the relevant benefits and assume the corresponding responsibilities for the content you produce and publish. Our role is to provide technical services. Besides that, we do not grant you any rights. Any disputes or legal responsibilities arising therefrom should be borne by you.

5) You should not purport or claim the ownership or intellectual property rights for this Software or the images of AI avatars and any other assets contained in this Software in any form. That is, in all cases, the ownership and intellectual property rights of this Software and the images of AI avatars and any other assets contained in this Software belong to us, and you shall only have the right to use our AI avatars and assets in your audio and videos.

6) You may not transfer, distribute, sublicense, or lease the images of AI avatars or assets contained in this Software in any form, nor strip out the images of AI avatars or assets contained in this Software.

If you violate the above code of conduct, we reserve the right to suspend or permanently terminate your right to use this Software, remove any content in violation of the code of conduct, refuse to make any refund to you, and cooperate with judicial authorities, third-party right holders and other relevant entities to take necessary legal actions against you, and you shall bear all relevant legal liabilities.

6. Third-party websites and services

(1) Services may include or be linked to third-party websites, services and/or content. Such websites, services and/or content may be subject to additional terms and conditions set by third-party companies.

(2) Services may include or be linked to services and/or content provided by business partners with whom the Company cooperates. The Company is not responsible for such services and/or content. In addition, such services and/or content may be subject to terms and conditions developed by their respective business partners.

7. Miscellaneous

This Supplemental Agreement is an integral part of the Wondershare End User License Agreement. Wondershare may update this Supplemental Agreement from time to time and your continued use of this Software will be deemed to be your acceptance of such updates. If you do not accept the updated agreement, you can choose to terminate this Agreement. In such cases, Wondershare does not bear any liability or expense to you.

If there is any conflict between this Additional EULA Terms and the Wondershare Software END USER LICENSE AGREEMENT, this Additional EULA shall prevail.