Terms of Service

You will be bound by such Terms by using our Services. Unless you accept the Terms to be bound by them, you should not use the Services. In case you are accessing and using the Services on behalf of a company (including your employer), an organization, or other legal entity, then you represent and warrant that you have the right to bind that entity to these Terms. In that instance, the terms you and your will be referring to that entity or organization.

Your privacy is important to us. Please review our Privacy Policy to learn about the type of information we collect, how we collect information, and how we use and share your information.

We may make changes to the Terms and update them as we see fit at any given time. Although we do not have to give an announcement, we will inform you by putting the revised Terms on the Platform or we will use any other communication method.

It is important that you review the Terms each time we update or amend them since in case you still use the Services after we have posted updated Terms, you confirm that you accept and agree to the changes. If you don't agree to be bound by the changes, then please discontinue use of the Services immediately.

Since our Services are constantly changing and evolving over time we may change or discontinue all or any portion of the Services at any time and without prior notice to you, at our sole discretion.

Sometimes, the information on the Platform may include typographical errors, inaccuracies or omissions, which may relate to promotions and offers. We can make any corrections, inaccuracies, or omissions. In this case, we also reserve the right to change or update information or cancel orders, if any information on the Platform is inaccurate, at any time without prior notice to you.

a. movcut.ai provides its Services under different subscription plans including a limited free trial period (e.g., 14 days) to enable Users to experience the Services. When you choose a paid plan, you are required to give a valid payment method (e.g., credit card, debit card or bank account).

b. By submitting payment details, you permit movcut.ai and its third-party payment processing partners (e.g., Stripe) to charge all applicable fees to your specified payment method. The terms and conditions of the payment processor in effect at the time of payment will apply to payment processing services; and movcut.ai is not responsible.

c. User represents and warrants that: (a) you are entitled to provide the information regarding payment; (b) you are entitled to approve transactions using the designated payment method; and (c) such use does not violate any applicable law or agreement regarding such payment method. A violation of this section can be considered the material violation of these Terms.

d. Subscription Billing. Paid subscriptions will be charged upfront on a recurring monthly or annual basis depending on the plan one chooses. Billing will take place on the date of your initial subscription and it will automatically renew on the relevant renewal date unless canceled before renewal.

e. No Refunds and Cancellation. All fees are non-refundable, unless otherwise required by applicable law or otherwise stated in a separate written agreement. You can cancel your subscription whenever you wish, and the cancellation will take place at the expiry of the then current billing period. The Services will continue to be available to you during the rest of that term. Partial billing periods, unused services or plan changes will not offer any refunds or credits.

f. Billing Issues and Suspension. In case your mode of payment is compromised or you cannot make any payments, you agree to immediately update your billing information. movcut.ai is not bound to provide notice of such failure, but may do so. Unless payment is successfully completed within three (3) days after receiving the notice (where provided), movcut.ai may suspend or discontinue the access to the Services. You are liable to all unpaid balance of fees that were incurred before suspension or termination.

g. movcut.ai reserves the right to remedy any billing errors or mistakes regardless whether payment has been requested or received.

a. Ownership & Likeness Rights. You are representing and warranting that: (a) you are the person depicted/recorded in the content, OR (b) you have obtained clear, written and legally binding consent of the person to use his or her likeness and voice to AI Avatars. You also represent and warrant that such permission gives all rights needed by movcut.ai to process and use the content under these Terms. All the content created through your Avatar is your responsibility. movcut.ai has the right, but not the obligation, to demand documentation evidencing such consent at any time. Any refusal to present such documentation on request, may lead to suspension or access to the Services will cease.

b. Mandatory Verification. To create the Custom Avatar and Voice Clone, you must provide a "Consent Recording" following movcut.ai's instructions and specific script. You consent that this may be used to identify identity by movcut.ai and its third-party subprocessors. We are free to deny or cancel any asset which does not pass this check.

c. Enterprise Team Access. By distributing your Avatar or Voice Clone in your Enterprise Team you recognize that other team members will be allowed to create and share content containing that likeness. The author of this sharing has the right to withdraw this sharing at any given time.

d. Prohibited Usage. You are forbidden under all circumstances to make clones of: Any individual without their consent; Celebrities, government officials, or other public figures without express permission; Any person who is below the age of 18; Any third party with the intention of harassing, defrauding or producing abusive or discriminatory conduct; To create deepfakes or synthetic media that are meant to deceive others about what is happening in the real world, what others are saying or doing.

e. Hold Harmless. User acknowledges that movcut.ai will be indemnified by the user against any claims, damages, or other liabilities that the user might incur due to violation of this section including but not limited to unauthorized use of a third party likeness, voice or other biometric data in connection with the movcut.ai AI avatar services.

Besides other restrictions as stipulated in these Terms, you are prohibited to use the Platform or its Services, Customer Content, or movcut Content to:

(a) infringe any law, regulation, or third party rights; (b) request other people to do or take part in some unlawful activity; (c) breach any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) violate, steal, or otherwise infringe any intellectual property or proprietary right of movcut.ai or any third party; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) provide untrue, misleading, or deceptive information; (g) introduce or post viruses or any other form of malicious code that will or may be used in any way that will impact the functionality or operation of the Services, other websites, or the Internet; (h) seek to obtain unauthorized access to, disrupt, interfere with or otherwise affect the integrity, security, or performance of the Services or related systems or networks; (i) gather, harvest, or otherwise process personal data of others without proper legal grounds or permission; (j) spam, phish, pharm, pretext, spider, crawl or scrape; (k) application to any obscene, or immoral, use; (l) use automated access, such as scraping, crawling, or data extraction, without express permission by movcut.ai; (m) hacks or bypasses security measures of the Services, other sites or the Internet.

We have the right to cancel your right to use the Services because of any violation of any of the prohibited uses. In addition, you may not portray a person in Customer Content or movcut Content in a way that may be offensive, including without limitation in connection with adult-oriented services or ads for dating services; in connection with the promotion of tobacco products; in connection with political endorsements; with pornographic, defamatory, unlawful, offensive or immoral content; or as suffering from, or being treated for, a physical or mental ailment.

a. Content. You can upload, store or share any content including files, text, documents, graphics, images, music, software, audio and video (collectively "Content"). Any Content (not including Feedback) uploaded, posted, or otherwise made available by you through the Services is what we call Customer Content. movcut.ai does not claim any ownership rights in any Customer Content and nothing in these Terms will be deemed to restrict any rights that you may have to your Customer Content.

By using our services, you can transform or process your Customer Content utilizing the movcut.ai Platform features including without limitation avatars (the resulting output shall be referred to as "movcut Content") and shall be treated as Customer Content. The Customer at all times shall have full responsibility to its Customer Content and movcut Content of its own creation, including its accuracy, legality and compliance with applicable laws and third party rights.

You represent and warrant that you are entitled to the full use, uploading and processing Customer Content using the Services and to produce movcut Content.

b. Restricted Access to Your Material. By submitting any Customer Content to our Services or generating movcut Content via the Services, you hereby grant to movcut.ai a limited, non-exclusive license to make the Customer Content and/or movcut Content available to you to distribute, publicly display, to copy, modify or create derivative works based on the Customer Content and/or movcut Content.

You have granted us this limited license on a global royalty free basis with a right to sub-license so that you may fully operate our Platform and its functionality. You also grant to movcut.ai the right to use the Customer Content and movcut Content, in an non-identifiable aggregated form towards the limited end uses of evaluating, improving or enhancing the suite of services, towards development, diagnostic or corrective purposes, otherwise to allow feature development and other offerings.

All use of Customer Content will be subject to movcut.ai's confidentiality and data protection obligations. To be clear, movcut.ai will not utilise the Customer Content or movcut Content in any other external commercial use, or in a stand-alone format. Customer Content will not be used to train machine learning models by movcut.ai without a written agreement.

c. Third-Party Digital Materials. You can access and use licensed visual materials and content owned by third parties, which we make available to use via the Services (Third-Party Digital Materials). movcut.ai and/or our licensors provide you with a non-exclusive, non-transferable, worldwide license to use, reproduce, distribute, publicly display and publicly perform any Third-Party Digital Materials available to you to use in connection with your use of the Services and in the creation of movcut Content.

(1) Acceptable Use Of Third-Party Digital Materials. You can only combine the Third-Party Digital Materials with your Customer Content and functionality of the Services. You are forbidden any use on a standalone basis, whether personally or commercially, or in printed form, including on another third-party service or otherwise; for any pornographic, defamatory or other illegal purposes; in electronic templates to create electronic or printed products; in physical or digital retail products, such as e-cards, calendars, posters or screensavers; or in the training of any machine learning or artificial intelligence technologies. Besides this, restrictions offered in Section 9 will also be seen in reference to the Third-Party Digital Material that is embedded in your movcut Content. Moreover, you are not authorized to enable right click functions or any other metadata in Third-Party Digital Materials, or reverse engineer, decompose or disassemble any of our Platform in order to get the Third-Party Digital Materials to download.

(2) Limited License Only. This is a limited, non-exclusive license and it does NOT provide you ownership or any intellectual property rights over the Third-Party Digital Material itself. Should we be notified that Third-Party Digital Material is no longer available to be used, we will give you reasonable notice. You might not be able to use such Third-Party Digital Material in new movcut Content.

d. AI Usage Policy. You recognize that some aspects of the Services are based on artificial intelligence, machine learning or other technologies (AI Features). These Terms apply to your use of AI Features.

You consent to utilize the AI Features in line with all the applicable laws, regulations and industry standards, and in line with the AI Policy. In addition to the foregoing you will not use the AI Features to: (a) create or publish content that is unlawful, harmful, deceptive, or infringing; (b) generate or distribute synthetic media, such as avatars or voice clones, in violation of the consent provisions of these Terms or the AI Policy; (c) impersonate any person or entity; or (d) engage in any other activity that is prohibited by the Prohibited Use provisions of these Terms.

You have the sole responsibility of any material that you come up with using the AI Features, including any movcut Content, and ensuring that such material meets any applicable laws and third-party rights.

Movcut.ai makes no guarantee as to the accuracy, completeness, or reliability of any output that AI Features produces. You are aware that AI-generated content might be inaccurate, incomplete or biased and should not be trusted without some form of independent verification.

Movcut.ai will not train or tune its general artificial intelligence or machine learning models with your Customer Content or movcut Content, except as expressly agreed by you in writing.

Movcut.ai provides reasonable protection, which aims to encourage responsible AI usage, as outlined in the AI Policy. At the Trust Center of movcut.ai, you can see our AI Governance Policy.

e. User Responsibility of Customer Content and movcut Content. All your Customer Content and movcut Content is under your sole responsibility. You represent and warrant that you have (and will have) all rights necessary to provide us with the license rights in your Customer Content under these Terms. You represent and warrant that neither your Customer Content nor movcut Content, nor your use and provision of your Customer Content or movcut Content to be made available through the Services, nor any use of your Customer Content or movcut Content by movcut.ai on or through the Services will infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Despite the above, you are not in control of how the Services or the Platform itself, along with any underlying technology, systems, or functionality, operated that was offered by movcut.ai. Neither are you liable to the unedited and unmodified Third-Party Digital Materials, as long as you have used them in compliance with those licenses.

f. Removal of Customer Content and movcut Content. You are able to delete your Customer Content and movcut Content on the Services by deleting it directly. You should know that in certain instances, some of your Customer Content (such as posts or comments you make) may not be completely removed and copies of your Customer Content may continue to exist on the Services. We do not have any obligation or responsibility to remove or delete (or fail to remove or eliminate) any of your Customer Content or movcut Content.

g. movcut.ai's Intellectual Property. The Services and Platform or any other intellectual property are not sold to you, except to the limited extent explicitly provided in these Terms. Any such right, title and interest solely vested in movcut.ai and its licensors. movcut.ai or its licensors own all trademarks, service marks, logos, trade names, and other brand features related to the Services or Platform. You are hereby given no right or license to utilize such marks without the prior written permission of movcut.ai, except when needed to use the Services in accordance with these Terms.

The Services can be connected to or integrated with other third-party websites, services or resources (collectively referred to as Third-Party Services). We do not, either directly or indirectly, imply any approval, association, sponsorship, endorsement, or affiliation with any linked Third-Party Service. movcut.ai has no control and is not responsible for the content, products, services or practices of any Third-Party Services. movcut.ai does not examine, certify, or guarantee the truth, legality, quality or reliability of any Third-Party Services. It is also at your own risk and subject to the terms and conditions of such third parties that you access and use Third-Party Services.

movcut.ai recognizes that other people have intellectual property rights, and anticipates that users will respect them. The policy of movcut.ai, under the right conditions and at its own discretion, to suspend or cancel the accounts of the Users who are repeat offenders of copyright.

DMCA Notice. The DMCA of 1998 (the "DMCA") offers a remedy to copyright holders who feel that the material made available on the Services is infringing upon their rights under the copyright laws of the United States. In good faith, and in the belief that any of the material on the Services is infringing your copyright, you (or your authorized agent) may provide a notice to request the removal of the material on the Services or access to the material on the Services.

Your notice to be effective under the DMCA should include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work, which is claimed to have been infringed, or, in the case of multiple works, a representative list of the works covered; (c) identification of the material that is claimed to have been infringed, or, in the case of multiple works, a representative list of the works covered; (d) your contact information, including your name, address, telephone number, and email address; (e) a statement that you have a good faith belief that the use of the material is unauthorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notice is accurate and that under penalty of perjury that you are authorized to act on behalf of the copyright owner.

DMCA Agent. Claims of alleged infringement are to be forwarded to the copyright agent of movcut.ai at: [email protected].

Counter-Notification. In case you find that your content was disabled or removed by mistake or misidentification, then you may send a counter-notification as required by the DMCA. When a valid counter-notification is received, movcut.ai is free to reinstate the deleted content according to the relevant law.

Movcut.ai has the right to block or delete access to allegedly infringing material and to block repeat infringers without any prior notice.

THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

MOVCUT.AI DOES NOT WARRANT THAT: (a) THE SERVICES OR THIRD-PARTY CONTENT WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (d) ANY ERRORS OR DEFECTS WILL BE CORRECTED.

YOUR USE OF THE SERVICES AND ANY THIRD-PARTY CONTENT IS AT YOUR SOLE RISK. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS OR LOSS OF DATA RESULTING THEREFROM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOVCUT.AI OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS.

TO THE UTMOST EXTENT THAT MAY BE PERMITTED BY THE LAW APPLICABLE, IN NO CASE WILL MOVCUT.AI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON; (A) BY REASON OF ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF A STATUTORY DUTY, NEGLIGENCE OR OTHERWISE); AI HAS BEEN ADVISED AS TO WHETHER SUCH DAMAGES ARE POSSIBLE OR COULD HAVE ANTICIPATED SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MOVCUT.AI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT THAT IS THE GREATER OF ONE HUNDRED DOLLARS ($100) OR ANY AMOUNTS ACTUALLY PAID OR PAYABLE BY YOU TO MOVCUT.AI FOR THE SIX-MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY PROVIDED THIS REMEDY FAILS TO FULLY RECOMPENSE YOU IN CASE OF ANY LOSSES OR FAILURES OF THIS ESSENTIAL PURPOSE.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT CLAIM TO LIMIT LIABILITY OR TO IMPOSE ANY OTHER RESTRICTIONS ON YOUR RIGHTS AS A CONSUMER THAT CANNOT BE OVERCOME UNDER APPLICABLE LAW. SINCE SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE LIABILITY OF MOVCUT.AI SHALL BE LIMITED TO THE EXTENT ALLOWED UNDER LAW. THIS STATEMENT WILL NOT AFFECT THE SELECTION OF A LAW PROVISION BY MOVCUT.AI IN THE SET OF PROVISIONS SET FORTH BELOW.

You agree to indemnify and hold movcut.ai and its affiliates and their officers, directors, employees and agents to be harmless of and against any and all actions, claims, demands, and losses, and all liabilities, costs, damages and expenses (including the fees of attorneys), arising out of or in connection with: (i) your use of our Services; (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any third party; (iv) any third-party intellectual property infringement claims resulting directly out of your modification or alteration of the Services; (v) your Customer Content and/or movcut Content; and (vi) any negligent or willful misconduct on your part.

Despite the above, you will not be obligated to indemnify movcut.ai to the extent there is any claim based on (a) the Services or Platform itself, including the underlying technology or functionality of movcut.ai as offered by movcut.ai, or (b) breach by movcut.ai of these Terms or applicable law.

We can revoke your access and use of the Services and your Account, at our sole discretion without prior notice. You can also terminate your Account by emailing us at [email protected], at least giving us thirty (30) days notice before your intended day of termination. In case we cancel your access to the Services and your Account, and you have not violated these Terms, you may be given a proration of the amount of your current billing cycle.

Any termination, discontinuation or cancellation of the Services or your Account will not cause any of the provisions of these Terms, which by their nature should survive, to survive, including, without limitation, ownership provisions, indemnity, warranty disclaimers, limitations of liability, and dispute resolution provisions.

In relation to any future claims or disputes relating to the use of the Services, you agree to the following dispute resolution policy.

(1) Informal Negotiations. Parties to a dispute over the Terms, Services, or Privacy Policy will seek to informally negotiate a possible settlement or resolution to the dispute within sixty (60) days notice of such a dispute. In case such resolution is not possible, the parties settle on Binding Arbitration.

(2) Binding Arbitration. Should the informal negotiations fail the parties to the dispute agree to abide by the arbitration procedures as provided by American Arbitration Association to resolve the dispute in the jurisdiction of the state of Washington. Both parties will bear their own filings, administrative, and arbitrator fees. The arbitration award can be judged in any court that has jurisdiction over the award. The dominant party will have the right to the recovery of its costs and fees.

a. Reservation of Rights. movcut.ai and its licensors are the sole possessors of all right, title and interest in and to the Services, including all the intellectual property rights related to the Services. You agree that the Services are safeguarded by copyright, trademark and other laws of the United States and other countries. You will not delete, modify, or cover any copyright, trademark, service mark, or other proprietary rights notices that are contained in or accompanying the Services.

b. Feedback. We value feedback, comments, ideas, proposals, and suggestions on how to improve the Services (Feedback). In the event that you decide to provide Feedback, you give us a non-exclusive, global, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control, to use, create derivative works based upon, and otherwise exploit the Feedback to any purpose.

c. Governing Law; Venue. These Terms will be interpreted and applied according to the State of Washington laws, without regard to its choice of law rules. Any judicial proceeding which is initiated arising out of or relating to these Terms must be brought in the courts of the State of Washington located in Seattle, or the United States District Court of the Western District of Washington.

d. Entire Agreement. These Terms are the whole and exclusive understanding and agreement between movcut.ai and you on the Services and these Terms are in substitution and replacement of all the previous oral or written understanding or agreement between movcut.ai and you with respect to the Services. Should any provision of these Terms be determined by an arbitrator or a court of competent jurisdiction to be invalid or unenforceable, then such a provision will be enforced in its maximum extent practicable, and the rest of the provisions of these Terms shall continue in full force and effect.

e. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without movcut.ai's prior written consent. In case you attempt to assign or transfer these Terms without such consent, such an attempt will be voided. movcut.ai is entitled to assign or transfer these Terms at his discretion. These Terms will be binding and inuring and to the advantage of the parties, their successors, and authorized assigns, subject to the foregoing.

Should you wish to get in touch with us to learn more about this Agreement or to make contact with us on any issue relating to it, you may send an email to: [email protected]