Terms and Conditions

1. ACCEPTANCE OF TERMS

By accessing or using this AI video generation service (the "Service") provided by Digital Tool Factory LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use the Service.

2. SERVICE DESCRIPTION

The Service provides AI-powered video generation capabilities that create personalized conversational videos from user-provided scripts. The Service utilizes third-party technologies including, but not limited to, artificial intelligence voice synthesis, video processing, and payment processing services.

3. ACCEPTABLE USE POLICY

You agree to use the Service only for lawful purposes and in accordance with these Terms. You expressly agree that you will NOT use the Service to create, generate, or distribute content that:

Violates any applicable local, state, national, or international law or regulation
Is political in nature, including but not limited to content promoting, supporting, or opposing political candidates, political parties, political campaigns, or ballot measures
Is risqué, sexually suggestive, or contains sexual innuendo
Contains adult content, including pornography, nudity, or sexually explicit material
Depicts, promotes, or glorifies violence, harm, or threats against any person or group
Is defamatory, libelous, slanderous, or contains false statements that harm the reputation of any person or entity
Harasses, intimidates, threatens, or promotes harassment of any person or group
Promotes discrimination, hatred, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic
Infringes upon the intellectual property rights, privacy rights, or other legal rights of any third party
Contains malware, viruses, or any code designed to disrupt, damage, or gain unauthorized access to any system
Impersonates any person or entity, or falsely represents your affiliation with any person or entity
Promotes illegal activities, including but not limited to drug use, terrorism, or criminal activity
Contains hate speech, extremist content, or content that incites violence or lawless action
Exploits or harms minors in any way
Is otherwise objectionable, offensive, or inappropriate as determined by us in our sole discretion

4. CONTENT SCREENING AND REMOVAL

We reserve the right, but are not obligated, to monitor, review, or screen any content created using the Service. We may, in our sole discretion and without prior notice, remove, refuse to process, or delete any content that violates these Terms or that we deem inappropriate for any reason. We may also suspend or terminate your access to the Service for violations of these Terms.

5. USER RESPONSIBILITIES

You are solely responsible for:

All content you submit to or create using the Service
Ensuring you have all necessary rights, licenses, and permissions for any content you provide
Obtaining consent from any individuals whose likeness, voice, or personal information appears in your content
Compliance with all applicable laws and regulations in your jurisdiction
Any consequences resulting from your use of the Service or content you create

5.1 Consent for Living Persons

You represent and warrant that you have obtained all necessary consents, permissions, and authorizations from any living person referenced, depicted, or mentioned in your scripts or content. This includes, but is not limited to, consent for the use of their name, likeness, voice, biographical information, or any other personal attributes. You acknowledge that creating content about living persons without their consent may violate privacy rights, publicity rights, or other legal protections, and you agree to indemnify and hold harmless the Company for any claims arising from your failure to obtain such consent.

If your content references public figures, you acknowledge that you are solely responsible for ensuring your use complies with applicable laws regarding defamation, right of publicity, and fair use.

6. THIRD-PARTY SERVICES

The Service integrates with third-party services including Eleven Labs (voice synthesis), RunPod (video processing), and Stripe (payment processing). Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the performance, availability, or practices of any third-party services.

7. INTELLECTUAL PROPERTY

7.1 Your Content

You retain all ownership rights to the content you submit to the Service. By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and store your content solely for the purpose of providing the Service to you.

7.2 Generated Content

You own the videos generated by the Service, subject to your compliance with these Terms and the terms of any third-party services used. However, you acknowledge that AI-generated voices and videos may have limitations on commercial use as dictated by the underlying AI service providers.

7.3 Service Intellectual Property

The Service, including its software, algorithms, interface, and documentation, is protected by intellectual property rights. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

8. PAYMENT TERMS

Payment for the Service is processed through Stripe. By using the Service, you agree to:

Pay all applicable fees for your use of the Service
Provide accurate and complete payment information
Authorize us to charge your payment method for all fees incurred
Stripe's terms of service and privacy policy, available at stripe.com

All fees are non-refundable unless otherwise stated. We reserve the right to change our pricing at any time with reasonable notice.

9. SERVICE AVAILABILITY AND MODIFICATIONS

We strive to maintain the availability of the Service but do not guarantee uninterrupted access. We may modify, suspend, or discontinue the Service at any time without prior notice. We are not liable for any modification, suspension, or discontinuance of the Service.

10. DISCLAIMERS

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. WE DO NOT WARRANT THE ACCURACY, QUALITY, OR RELIABILITY OF ANY AI-GENERATED CONTENT.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Service, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your content; (c) your violation of these Terms; (d) your violation of any third-party rights; or (e) any content you create using the Service.

13. TERMINATION

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to your breach of these Terms. Upon termination, your right to use the Service will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website or through the Service. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

15. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration conducted in Atlanta, Georgia, in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in the state or federal courts located in Atlanta, Georgia for infringement of intellectual property rights. You consent to the exclusive jurisdiction and venue of such courts.

16. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

17. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter herein.

18. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at steve@digitaltoolfactory.net.