Terms of Service

Effective (May 14th, 2024)

The following terms and conditions (the “Agreement”) govern all use of the Beautiful Things website and any applications (such as the “Beautiful Things” and “Talking Heads” mobile or visionOS applications) (together with the Site, the “Service”) provided to you by Wild Things Holdings, Inc. (“Beautiful Things”). The Service is subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. Beautiful Things reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Notwithstanding the foregoing, if User is a for-fee subscriber to the Service (a “Paying Subscriber”), such changes will go into effect beginning with User’s next subscription period. This Agreement is void where prohibited by law, and the right to access and use the Service is revoked in such jurisdictions.

SCOPE.

The Service is a collaboration and social networking platform that also offers AI-driven capabilities. It allows users to save, organize, and share text, graphics, images, software, audio, web links, files, video, and other information and content. Some features rely on AI models that may incorporate or retrieve third-party data.

AGE RESTRICTION.

User certifies to Beautiful Things that if User is an individual (i.e., not a corporation), User is at least 13 years of age (provided that, if User is located in a state in which 13 is under the age of majority, then User represents he/she has the legal consent of a legal guardian to enter this Agreement). User also certifies that he/she is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

LICENSE.

Subject to the terms and conditions of this Agreement, User shall have a non-exclusive, non-transferrable, non-sublicensable right to access and use the Service from User’s computer, mobile device, or compatible platform solely for the purposes for which the Service is provided. This license is personal to User and User shall not use the Service for any direct commercial purpose (e.g., charging other users for access to the Service) unless otherwise authorized by Beautiful Things.

AI FEATURES AND THIRD-PARTY DATA.

The Service may integrate or reference data from third-party sources (“Third-Party Data”) and may include AI-driven functions. While Beautiful Things uses commercially reasonable efforts to ensure the quality and availability of such Third-Party Data and AI outputs, the Service is provided “as is” and may not be accurate, current, or complete. Beautiful Things does not guarantee the reliability or correctness of AI-generated content and disclaims any liability arising from its use. Users remain solely responsible for verifying AI-based outputs, especially if used for professional, financial, medical, or legal decisions.

FEES.

If User is a Paying Subscriber or purchases credit for features, User will pay Beautiful Things in accordance with the pricing policy posted by Beautiful Things at the Site or within the app (“Fees”). Beautiful Things reserves the right to change Fees and to institute new charges and Fees at the end of each subscription or usage period. Unless otherwise agreed in writing, all Fees are charged in advance. Unpaid Fees are subject to a finance charge of 1.5% per month or the maximum permitted by law, whichever is lower, plus all expenses of collection. Fees are non-refundable and non-cancellable unless requested by the customer via email (hello@beautifulthings.xyz) no later than 30 days from the payment date; granting a refund is at Beautiful Things’s sole discretion unless otherwise required by law. User is responsible for all taxes (except those based on Beautiful Things’s net income).

RESTRICTIONS.

User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except to the limited extent local law prohibits such restrictions); (ii) modify or create derivative works of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service. As between the parties, Beautiful Things shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof. In the event User submits any information to the Service, User represents and warrants that User has the full right and authority to do so without infringing the rights of any third party.

DATA COLLECTION AND ACCESS

Data collection activities are subject to restriction by Beautiful Things. Beautiful Things reserves the right to impose limitations, including the complete denial of access, to any User or third party engaging in data collection activities from the Service. Such activities may include but are not limited to:

• API Calls: Unauthorized, excessive, or abusive use of Beautiful Things’s Application Programming Interface (API).
• Scraping: Automated data scraping or crawling of content from the Service.
• Bulk and Automated Downloads: Mass downloading or automated retrieval of content from any part of the Service without prior authorization.

The determination of what constitutes unauthorized, excessive, or abusive data collection practices will be made by Beautiful Things, in its sole discretion.

SPECIAL PERMISSIONS

Beautiful Things may grant special permissions for data collection activities on a case-by-case basis. If you wish to seek special permissions or inquire about data access rights, please contact hello@beautifulthings.xyz.

USER CONTENT.

The Service permits User to post/publish and organize text, graphics, images, music, software, audio, web links, files, video, and other information and content (“User Submissions”). User understands that their User Submissions may be made accessible to other Service Users or the general public, as authorized or permitted by User.

By submitting User Submissions or displaying, publishing, or otherwise posting content on or through the Service, User hereby grants Beautiful Things a worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to reproduce, distribute, display, and perform such User Submissions in connection with providing the Service to User. For clarity, this license does not affect User’s other ownership or license rights in the User Submissions, including the right to grant additional licenses.

User shall be solely responsible for User’s own User Submissions and the consequences of posting or publishing it. User agrees that Beautiful Things has no liability with respect to any User Submissions, and User hereby irrevocably releases Beautiful Things and its officers, directors, employees, agents, representatives, and affiliates from any and all liability arising out of or relating to User Submissions. In connection with User Submissions, User warrants that (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorize Beautiful Things to use each and every image and sound contained in each such User Submission, (ii) User has any required written consent, release, or permission of every identifiable person in the User Submission, and (iii) the posting/publishing of User’s User Submissions does not violate any rights of any person or entity.

User further agrees not to submit content that is false, unlawful, obscene, defamatory, hateful, or otherwise objectionable, or that infringes any third-party’s rights. Beautiful Things reserves the right, in its sole discretion, to remove any User Submissions and/or restrict, suspend, or terminate User’s access to all or any part of the Service at any time, for any or no reason, without prior notice.

APPLICATION CONTENT.

User agrees that the Service contains content, information, and materials provided by Beautiful Things or its partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Beautiful Things in writing, User shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such content. Beautiful Things grants User a limited, revocable, non-sublicensable license to view such content for User’s own, personal, non-commercial purposes, provided all copyright and other proprietary notices are retained. Reproducing, copying, or distributing any such content for any other purpose is strictly prohibited without express prior written permission from Beautiful Things.

MEMBER DISPUTES.

User is solely responsible for their interactions with other Service users. Beautiful Things reserves the right, but has no obligation, to monitor disputes between User and other Service users. If User has a dispute with one or more users of the Service, User shall and hereby does release Beautiful Things (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

REGISTRATION; SECURITY

As a condition to using the Service, User will be required to register with Beautiful Things and select a password and User name (“Beautiful Things User ID”). User shall provide Beautiful Things with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not (i) select or use as a Beautiful Things User ID a name or trademark of another person or company with the intent to impersonate that person/entity; or (ii) use as a Beautiful Things User ID a name subject to any rights of a person other than User without appropriate authorization. Beautiful Things reserves the right to refuse registration of, or cancel, a Beautiful Things User ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s password and other account information.

INDEMNIFICATION

User is responsible for all activity in connection with the Service. User shall defend, indemnify, and hold harmless Beautiful Things, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses (including reasonable attorneys’ fees) arising from User’s (i) access to or use of the Service, (ii) User Submissions, (iii) violation of any law or regulation, (iv) negligence or willful misconduct, or (v) violation of this Agreement.

WARRANTY DISCLAIMER.

THE SERVICE AND ALL CONTENT, INCLUDING AI FEATURES, THIRD-PARTY DATA, AND USER SUBMISSIONS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BEAUTIFUL THINGS MAKES NO WARRANTY THAT (I) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (II) THE RESULTS OF USING THE SERVICE WILL MEET USER’S REQUIREMENTS OR EXPECTATIONS, OR (III) THE SERVICE WILL NOT BE UNAVAILABLE FROM TIME TO TIME DUE TO MAINTENANCE OR CIRCUMSTANCES OUTSIDE BEAUTIFUL THINGS’S CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL BEAUTIFUL THINGS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF FORESEEABLE. NEITHER SHALL BEAUTIFUL THINGS BE LIABLE FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE). IN NO EVENT SHALL BEAUTIFUL THINGS’S AGGREGATE LIABILITY EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) IF USER IS A PAYING SUBSCRIBER, THE FEES PAID BY USER TO BEAUTIFUL THINGS FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

APPLE APP STORE AND EXTERNAL PLATFORMS.

To the extent that you access or download the Service via the Apple App Store or another external platform, you agree to comply with all applicable terms of service of those platforms. You acknowledge that these Terms are between you and Beautiful Things only, and not with Apple Inc. or any other external platform provider. Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce these Terms against you as a third-party beneficiary if you downloaded the Service via the App Store.

TERMINATION.

Beautiful Things may terminate User’s access to the Service at any time, with or without cause and without penalty or liability. Upon termination, User will no longer access (or attempt to access) the Service. After termination, Beautiful Things will delete User’s data in a timely manner if it is not needed for archival or other purposes. All provisions which by their nature should survive termination shall survive, including warranty disclaimers and limitations of liability.

PRIVACY.

Beautiful Things’s current privacy policy (“Privacy Policy”) is incorporated by this reference. Please review the Privacy Policy to understand how we collect, use, and disclose information.

GUIDELINES.

Beautiful Things’s current Community Guidelines (“Guidelines”) are also incorporated by this reference. By using the Service, User agrees to follow the Guidelines. Violations may lead to suspension or termination of access.

MISCELLANEOUS.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Beautiful Things shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including mechanical, electronic, or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable or transferable by User except with Beautiful Things’s prior written consent. Beautiful Things may transfer, assign, or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, as if made within New York between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in New York, New York. Notwithstanding the foregoing, any disputes arising with respect to this Agreement shall be settled by arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement of the parties. The arbitration proceeding shall take place in New York, New York using the English language. Both parties agree that this Agreement is the complete and exclusive statement of their understanding, superseding all prior written and oral agreements, communications, and other understandings relating to its subject matter. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Beautiful Things in any respect.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe that content residing on or accessible through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:

• Identification of the work or material being infringed.
• Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Beautiful Things is capable of finding it and verifying its existence.
• Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
• A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent, or law.
• A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

The determination of what constitutes unauthorized, excessive, or abusive data collection practices will be made by Beautiful Things, in its sole discretion.

Designated Agent
Wild Things Holdings Inc.
411 Norfolk St. Unit 2G
Somerville, MA 02143
Email: dmca@beautifulthings.xyz
Registration Number: DMCA-1069420