Terms of Service

By accessing or using Video Effect Vibe (the "Service"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Video Effect Vibe ("we," "our," or "us") regarding your use of our AI-powered motion graphics platform.

If you do not agree to these Terms, you may not access or use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

We may modify these Terms at any time. We will notify you of material changes via email or through the Service at least 30 days before they take effect. Your continued use after changes become effective constitutes acceptance of the modified Terms.

Video Effect Vibe is an AI-powered platform that generates motion graphics and video assets based on user text prompts. The Service includes:

• AI-generated video asset creation using text prompts
• Export in WebM and ProRes formats with alpha transparency
• Cloud storage for rendered assets (duration varies by subscription plan)
• User account management and subscription handling
• Real-time render progress tracking
• Style presets and customization options

Service Availability: We strive to provide reliable service but do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and update your information to keep it accurate
• Maintain the security and confidentiality of your account credentials
• Notify us immediately at [email protected] of any unauthorized access
• Accept responsibility for all activities that occur under your account

3.2 Account Eligibility

You must be at least 16 years old (or 13 in jurisdictions where permitted) to create an account. By creating an account, you represent that you meet this age requirement.

3.3 Account Termination

We may suspend or terminate your account at our discretion if:

• You violate these Terms or our Acceptable Use Policy
• You engage in fraudulent, illegal, or harmful activities
• You abuse the Service or attempt to circumvent usage limits
• Your account remains inactive for more than 12 consecutive months
• You fail to pay applicable fees when due
• We are required to do so by law

Upon termination, your right to use the Service ceases immediately. We will retain your data as described in our Privacy Policy and applicable law. You may request account deletion at any time through your account settings or by contacting [email protected].

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

4.1 Prohibited Content

• Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or discriminatory
• Create content depicting child sexual abuse material (CSAM) or exploitation of minors
• Generate content that promotes violence, terrorism, or self-harm
• Create sexually explicit or pornographic content
• Generate content that infringes on intellectual property rights of others
• Create deepfakes or misleading content intended to deceive or harm
• Generate content that violates the privacy or publicity rights of others

4.2 Prohibited Activities

• Attempt to bypass, disable, or circumvent security measures, usage limits, or access controls
• Use automated tools, bots, or scripts to access the Service (except approved APIs)
• Reverse engineer, decompile, or disassemble any part of the Service
• Distribute malware, viruses, or other harmful code
• Engage in unauthorized access to our systems or third-party systems
• Resell, redistribute, or sublicense the Service without authorization
• Use the Service to spam, phish, or engage in other deceptive practices
• Impersonate any person or entity or misrepresent your affiliation

4.3 Enforcement

We use automated content moderation and may review prompts and generated content. Violations may result in content removal, account suspension, or termination. We may report illegal activity to law enforcement authorities.

5.1 Your Content

You retain all ownership rights to the prompts, inputs, and any content you upload to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, process, store, and display your content solely for the purpose of providing and improving the Service.

5.2 Generated Content Ownership

Subject to your compliance with these Terms and your subscription plan, you own the video assets generated through your use of the Service. You may use generated content for personal or commercial purposes, including:

• Personal projects, social media, and non-commercial use
• Commercial video production, advertising, and marketing
• Inclusion in products for sale or distribution
• Client work and freelance projects

5.3 Platform License

By generating content through our Service, you grant us a limited, non-exclusive, royalty-free license to:

• Store and process your generated content as necessary to provide the Service
• Display thumbnails and previews within your account interface
• Use anonymized, aggregated data to improve our AI models and Service

We will not publicly display, sell, or license your generated content to third parties without your explicit consent.

5.4 Our Intellectual Property

The Service, including its software, design, features, underlying technology, AI models, trademarks, and branding, is our exclusive property and is protected by intellectual property laws. Nothing in these Terms grants you rights to use our trademarks, logos, or branding.

5.5 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us an unlimited, irrevocable, royalty-free license to use such feedback without compensation or attribution.

6.1 Subscription Plans

We offer the following subscription tiers:

6.2 Billing and Payment

• Payments are processed securely by our payment provider, Polar.sh
• Subscriptions are billed monthly on the anniversary of your subscription start date
• You agree to pay all applicable fees at the rates in effect when charges are incurred
• All fees are in US Dollars (USD) unless otherwise specified
• You are responsible for any applicable taxes

6.3 Automatic Renewal

Paid subscriptions automatically renew at the end of each billing period unless cancelled. You may cancel at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of your current billing period, and you will retain access until then.

6.4 Token Usage

• Tokens are consumed when you generate video assets
• Unused monthly tokens do not roll over to subsequent months
• Free tier tokens are a one-time grant and do not refresh
• Token consumption varies based on render complexity and duration

6.5 Refund Policy

We offer refunds under the following circumstances:

• First-time subscribers: Full refund within 7 days of initial purchase if you have not consumed more than 20% of your monthly tokens
• Service issues: Pro-rata refund if the Service is unavailable for more than 72 consecutive hours due to issues within our control
• Billing errors: Full refund for duplicate charges or incorrect amounts

To request a refund, contact [email protected] with your account email and reason for the request. Refunds are processed within 5-10 business days via your original payment method.

No refunds are provided for: Partial month cancellations, unused tokens, generated content you are unsatisfied with (as AI output varies), or account terminations due to Terms violations.

7.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

7.2 AI-Generated Content Disclaimer

We do not warrant or guarantee that:

• AI-generated content will meet your specific requirements or expectations
• Generated content will be error-free, accurate, or suitable for any particular purpose
• The AI will consistently produce similar results for similar prompts
• Generated content will not inadvertently resemble existing copyrighted works

You are solely responsible for reviewing, editing, and using generated content appropriately. We recommend reviewing all generated content before use in commercial or public contexts.

7.3 Service Availability

We do not guarantee that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected in any particular timeframe
• The Service will be available at all times or in all locations

7.4 Third-Party Services

The Service integrates with third-party services (Supabase, Google Gemini AI, Polar.sh). We are not responsible for the availability, accuracy, or conduct of these third-party services.

8.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIDEO EFFECT VIBE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Business interruption or loss of goodwill
• Cost of substitute services
• Any damages arising from your use of or inability to use the Service
• Any damages arising from AI-generated content

8.2 Liability Cap

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

8.3 Consumer Rights

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence, or intentional misconduct. If you are a consumer in the European Economic Area, you have statutory rights that cannot be waived.

You agree to indemnify, defend, and hold harmless Video Effect Vibe and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service or generated content
• Your violation of these Terms or any applicable law
• Your violation of any third-party rights, including intellectual property or privacy rights
• Content you submit or generate through the Service
• Any claims by third parties related to your use of generated content

We will provide you with prompt notice of any such claim and cooperate reasonably in your defense.

10.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions. If you are a consumer in the European Economic Area, you may also benefit from mandatory consumer protection provisions of your country of residence.

10.2 Informal Resolution

Before initiating formal proceedings, you agree to first contact us at [email protected] to attempt to resolve any dispute informally. We will work in good faith to resolve the issue within 60 days.

10.3 Jurisdiction

If informal resolution is unsuccessful, any disputes shall be submitted to the exclusive jurisdiction of the courts of Warsaw, Poland. However, if you are a consumer in the European Economic Area, you may bring proceedings in the courts of your country of residence.

10.4 EU Online Dispute Resolution

If you are a consumer in the European Union, you may use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr to submit complaints. Our email for ODR purposes is [email protected].

10.5 Time Limitation

Any claim arising from or related to these Terms must be filed within one (1) year after the cause of action arises, or it will be permanently barred. This limitation does not apply where prohibited by applicable law.

11.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Video Effect Vibe regarding your use of the Service, superseding any prior agreements.

11.2 Severability

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

11.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

11.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

11.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or infrastructure failures.

11.6 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

For questions about these Terms, please contact us:

• Email: [email protected]
• Discord: discord.gg/PjfWRtnfyH

We aim to respond to all inquiries within 5 business days.