Last updated: September 1, 2024

Acceptance of Terms

By creating an account with PerformVu Inc., you agree to be bound by these Terms of Use and warrant that you have the legal capacity to comply with these Terms. These Terms apply to all services provided, including our website, mobile apps, and TV apps. If you do not agree to these Terms, do not create an account or use our platform.

PerformVu Inc recently changed name to Lucid for customer facing applications and operations. The legal name remains PerformVu Inc.

2. Eligibility

You must be at least 17 years old to use our service due to the mature content. By creating an account, you confirm that you are at least 17 years old.

3. Subscription and Billing:

3.1 By subscribing to our service, you agree to pay the subscription fee, if applicable, based on the tier of service you are using.

3.2 If you access the free trial tier offered, your first payment will automatically be initiated when you move into the next tier based on time or usage limits as communicated on signup. Payment will be processed automatically through Stripe with the details you provide.

3.3 Your Lucid subscription will continue and automatically renew until terminated.

3.4 You can update your payment methods by accessing the “My Account” page.

3.5 No refunds are allowed unless required by applicable regulations or approved under specific circumstances.

3.6 We may change the price or structure of our subscriptions plans from time to time. If such changes are to affect you, we will give at least 30 days notice ahead of the next billing date. If you do not accept these changes, you must cancel your account before the changes take effect.

3.7 Referral rewards, if any, are at the discretion of PerformVu Inc.

3.8 You are responsible for all internet access or device charges.

3.9 We have the right to terminate your subscription or deny access to the platform at any time, without notice or liability.

3.10 You continue to hold the responsibility for all amounts that are not successfully collected. Should a payment fail to be processed due to factors like expired details, insufficient funds, or any other reason, and if you do not terminate your account, your service access may be temporarily halted until we are able to successfully process a charge through a valid payment method.

3.11 Depending on the Payment Method used, your issuer might impose specific fees, including but not limited to foreign transaction fees or other fees connected with the processing of your Payment Method.

4. Account Cancellation

You may cancel your account at any time in the “My Account” page on our website application. Any such cancellation will take immediate effect unless the next billing schedule is in process.

5. Account Rules

You are responsible for maintaining the security of your account and the activity that occurs on your account. You must not sell, transfer, or share access to your account. Any use of the platform in a commercial, academic or education environment requires a specific agreement, please contact our CEO, indy@watchlucid.co, to make such arrangements to pay the additional fees.

6. Content and Use

6.1 The quality of streaming may vary depending on a variety of factors, including your location, the available bandwidth, and the speed of your internet connection. Lucid makes no representations or warranties about the streaming quality. Lucid has the right to modify or remove content at any given time.

6.2 Lucid has appropriate licences for all content provided on the platform. The content licensors warrant that they possess all necessary rights and permissions to licence their content and that this content does not infringe upon any third party’s rights, including but not limited to intellectual property rights and copyrights. The content licensors will bear responsibility for any disputes arising out of the content. Lucid is not liable for any third-party issues related to the content.

6.3 Lucid is dedicated to showcasing artistic content, aiming to inspiring intellectual and social engagement among our users. We proudly curate a diverse range of artistic expressions for educational, cultural appreciation, and social interaction purposes. It is important to note that Lucid is not an adult entertainment platform, and our curated content is not intended for sexual gratification under any circumstances.

6.4 We expect all users to engage with our content in a manner that respects its artistic and cultural value. The content is to be enjoyed for its intellectual enrichment and as a medium for social connection, not for purposes that misalign with our platform's intent. Utilizing content from Lucid for inappropriate purposes, contrary to our guidelines, is strictly forbidden and will result in immediate action, including but not limited to access restriction or account termination.

6.5 By accessing and using Lucid, you acknowledge and agree to our platform's purpose and commit to respecting the nature of our curated content, ensuring a positive experience for all members of our community.

6.6 Content on Lucid may feature mature themes, including strong nudity, language, or others, which may sometimes be marked with "Mature Content" notices for informed viewing. While these elements are part of artistic and cultural expression, viewer discretion is advised. Lucid isn’t accountable for any offence or discomfort from exposure to such content. By using our platform, you acknowledge the potential for encountering mature themes and agree to exercise personal discretion.

7. App Notifications & Tracking Transparency

7.1 If you use our mobile or TV applications, we may request your permission to track your activities across other apps and websites, as required by Apple’s App Tracking Transparency (ATT) framework. This tracking helps us deliver personalized advertising and gain insights into how our services are used.

7.2 You can manage these tracking preferences, as well as your push notification settings, through your device settings:

> iOS Devices: Go to Settings > Privacy > Tracking to manage your app tracking preferences, and Settings > Notifications to manage your push notification preferences.

> TV Apps: Access tracking preferences and notification settings through the TV’s system settings.

7.3 By adjusting these settings, you have full control over whether your activities are tracked for personalized advertising and analytics purposes, and whether you receive notifications from us.

8. User Safety

8.1 Lucid's platform may include content with flashing lights, intense sounds, or other elements that could affect users with photosensitive epilepsy or similar conditions. While we strive to ensure content is safe for all our audience, we cannot guarantee that all content will be free of elements that might trigger these conditions.

8.2 We strongly recommend that all users take precautions when consuming content and stop viewing immediately if they feel unwell.

8.3 If you have a condition that requires sensitivity to certain content, we encourage you to contact our support team via chat or email. We can discuss specialized filters or settings for your account to help tailor your experience.

8.4 PerformVu Inc. accepts no responsibility for any harm resulting from the triggering of such conditions.

9. Prohibited Use

9.1 Users are strictly prohibited from archiving, downloading, duplicating, distributing, modifying, showcasing, executing, licensing, generating derivative materials from, offering for sale, or utilizing in any manner the content and information accessed or acquired from or via the Lucid service.

9.2 Access or use through any bot, AI, scraper or automated means is strictly prohibited.

9.3 Data mining, gathering or extraction is strictly prohibited.

10. User Conduct

Users must respect artists and avoid unsolicited interactions outside of the platform. Lucid reserves the right to terminate the subscription of any user reported to have engaged in any form of harassment towards artists on any third-party platform or through in-person engagements. Users must not use the platform or stream the content for commercial gain or in commercial settings without explicit permission from PerformVu Inc.

  11. AI Curation, Recommendations, and Conversations

11.1 Lucid uses Artificial Intelligence (AI) to curate content and power our conversation bot for engaging user interactions. While we strive for relevance and accuracy, we cannot ensure that AI selections or conversational responses will always align with every user’s expectations or values. Both AI-curated content and the conversation bot's services are provided ‘as is’ without any guarantees.

11.2 Should the AI conversation bot produce harmful or discriminatory comments towards users or artists, we commit to taking immediate corrective action. Lucid prioritizes creating a safe and respectful environment for all users and artists alike, please email our CEO, indy@watchlucid.co

12. Feedback

When users directly provide us with inquiries, remarks, concepts, feedback, or any other information related to the Lucid service (a ‘Submission’), you consent to assign all intellectual property rights in such Submission to us. You warrant that you possess the rights to share such Submission and that doing so does not violate any confidentiality rights or intellectual property rights. You acknowledge that Lucid will own such Submission, with the unrestricted privilege to utilize and distribute it for any legal purpose, whether commercial or otherwise, without any obligation to provide acknowledgement or compensation to you.

13. Tip Functionality

Users can tip to fund creators directly via email or webapp links. Users acknowledge that 90% of the tip goes directly to the artist and 10% is taken in fees and transaction costs. Tips are non-refundable.

13. Intellectual Property

PerformVu Inc. is the owner or licensee of all intellectual property rights in the platform, including but not limited to our proprietary technology, AI model development, software, content, and design. Any unauthorized use, code scraping, reproduction, or distribution of this property is strictly prohibited and will result in legal action.

14. External Links

We are not liable for any content, materials, or products found on third-party websites linked from our platform.

15. Warranties and Disclaimers

15.1 The services provided by PerformVu Inc, along with all content and software connected therewith, or any other features or functionalities associated with the PerformVu service, are provided “as is” and “as available,” with all faults and without any guarantees. PerformVu makes no promises, representations, or warranties that your use of the PerformVu service will be uninterrupted or free from errors. PerformVu specifically disclaims any liability related to the use of applications, PerformVu compatible devices, and PerformVu software (including their ongoing compatibility with our service).

15.2 To the maximum extent allowed by applicable laws, PerformVu, its subsidiaries, shareholders, directors, officers, employees, or licensors shall not be held liable (either jointly or individually) to you for any personal injuries or any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever.

16. Indemnification

You agree to indemnify and hold harmless PerformVu Inc., its directors, employees, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses arising out of or in connection with your access to or use of the platform or your violation of these Terms of Use.

17. Consequences of Violation

Violations of these Terms of Service may result in a range of actions, including, but not limited to, account suspension, account termination, legal action, and other measures deemed appropriate by PerformVu Inc.

18. Privacy and Data Protection

For information regarding data protection and privacy, please refer to our Privacy Policy.

19. Limitation of Liability

We will not be held liable for any damages arising from your use of our services. Our liability is capped at the amount you paid in the six months preceding the claim.

20. Arbitration Agreement

20.1 Any disputes arising under or related to this Agreement will be governed by the laws of the State of Delaware, USA, and shall be settled in Delaware, USA.

20.2 The dispute resolution will be executed through a standard arbitration process, governed by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules. These rules can be found at https://www.adr.org/ .

20.3 By agreeing to these Terms of Use, you and PerformVu Inc. waive the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of this Agreement or the termination of your Lucid account.

20.4 You have a period of six months from the time of the incident that gave rise to the claim to initiate a claim.

20.5 If you elect to seek arbitration or file a small claim court action, you must first send a written Notice of your claim (“Notice”) to PerformVu Inc., by certified mail. The Notice should be addressed to: CEO, PerformVu Inc., 161 Winthrop St, 2R, Brooklyn, NY 11225 (“Notice Address”). If PerformVu initiates arbitration, it will send a written Notice to the email address associated with your membership account. The Notice, regardless of who sends it, must (a) describe the nature and basis of the claim or dispute; and (b) outline the specific relief sought (“Demand”). If PerformVu and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, either party may commence an arbitration proceeding or file a claim in small claims court.

20.6 The arbitrator’s award will be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an injunction against a party, in which case that party has the right to seek judicial review of the injunction in a court of competent jurisdiction.

21. Changes to these Terms

We reserve the right to modify these terms at any time. Changes will be indicated by an updated date on this page. It is your responsibility to review these terms periodically. If you do not accept these Terms, you must terminate your account.

22. General

22.1 These Terms are governed by the laws of Delaware, USA. We reserve the right to modify or discontinue our services at any time, without notice or liability.

22.2 Nothing in these Terms of Use will affect any non-waivable statutory rights that apply to you.

22.3 If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. If any provision in these Terms of Use is deemed to be invalid, illegal or unenforceable due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law.