Terms & Conditions
1. Introduction
These Terms & Conditions (Terms) govern your access to and use of the Muvimator website, applications, and any related services (collectively, the Service) operated under the trading name Muvimator by [Your Full Name], a sole trader ("Muvimator", "we", "our","us"). By creating an account, purchasing tokens, or otherwise using the Service, you agree to be bound by these Terms. If you do not accept these Terms you must not use the Service.
2. Definitions
Account means your registered profile allowing you to access the Service. Content means any input data or material you upload or otherwise provide to the Service (User Input) and any output generated by the Service for you (Generated Output).Tokens refers to the internal unit of measure that enables you to request video generations. Subscription means any recurring plan for Tokens or functionality.
3. Changes to These Terms
We may update these Terms from time to time. We will provide reasonable advance notice of material changes (for example, by posting a notice on our website or emailing you). Your continued use of the Service after the effective date of any update constitutes acceptance of the revised Terms.
4. Eligibility & Account Registration
You must be at least 18 years old and have capacity to enter into a legally binding contract under the laws of England and Wales to register for an Account. You agree to provide accurate, complete, and current information and to keep it updated. You are responsible for all activities that occur under your Account, including maintaining the confidentiality of your login credentials. We may refuse registration, suspend, or terminate Accounts at our sole discretion.
5. Description of Service
Muvimator uses artificial intelligence models to generate video content based on User Input. The specific models, features, or Token costs may change from time to time. We make no guarantee that any particular model, feature, or Token price will be available for any fixed period.
5.1 Tokens & Fair Usage
(a) Purchase & Expiry: Tokens may be purchased individually or provided through a Subscription. Pre-paid Tokens expire twelve (12) months after purchase unless otherwise stated. Promotional Tokens expire as specified in the promotion.
(b) Consumption: Each video generation request deducts the number of Tokens displayed in the interface at the time of the request.
(c) Non-Transferability: Tokens are non-transferable and have no cash value. We may void or reduce Tokens obtained fraudulently.
6. Pricing, Payment & Renewal
All prices are shown in pounds sterling (GBP) inclusive of VAT unless stated otherwise. Payments are processed by our third-party provider Stripe. By providing a payment method you authorise Stripe to charge all fees using that method.
Subscriptions: Subscriptions renew automatically at the then-current price unless cancelled prior to renewal. You may cancel at any time in your Account settings; cancellation takes effect at the end of the current billing period.
Refunds: Except as required by law, all sales are final and non-refundable. However, we may, at our sole discretion, provide a goodwill refund.
7. Ownership & Licences
(a) Your User Input: You own any intellectual property rights you hold in User Input and grant Muvimator a worldwide, non-exclusive licence to use, reproduce, display, adapt, and create derivative works from your User Input solely for the purpose of providing and improving the Service (including for model training and safety).
(b) Generated Output: Subject to these Terms and your compliance, we assign to you any intellectual property rights we may have in the Generated Output. You grant Muvimator a perpetual, worldwide, transferable, sub-licensable, royalty-free licence to display or use Generated Output for the purposes of operating, improving, and marketing the Service (including showcasing examples), provided we anonymise or remove details linking it to you unless you give explicit permission otherwise. Subject to the Acceptable Use Policy and third-party rights, you are free to use the Generated Output for any lawful purpose, including commercial use.
(c) Muvimator IP: We and our licensors retain all rights in the Service, underlying software, models, the "Muvimator" trading name and associated goodwill. No rights are granted to you except as expressly set out in these Terms.
8. Acceptable Use Policy
You agree not to (i) infringe any third-party intellectual-property or privacy rights; (ii) generate or attempt to generate content that is unlawful, defamatory, hateful, obscene, violent, promotes discrimination, is non-consensual intimate imagery, intended to deceive or mislead (e.g., malicious deepfakes), infringes privacy, or is otherwise prohibited under applicable law; (iii) reverse engineer, decompile, or otherwise attempt to extract the source code or model parameters; (iv) interfere with the proper working of the Service; (v) use the Service for the purpose of training or improving competing models.
9. Third-Party Services
The Service integrates with third-party platforms (including Fal.ai for model inference and Stripe for payments). Your use of those services is subject to their separate terms. We are not responsible for third-party services and disclaim all liability arising from your use of them.
10. Availability & Updates
We use reasonable efforts to keep the Service operational but do not guarantee uninterrupted availability. Planned maintenance or upgrades may result in temporary outages. We may modify or discontinue any part of the Service without liability.
11. Disclaimers
(a) The Service is provided as is and as available without warranty of any kind. We make no guarantees about the quality, accuracy, suitability, or uniqueness of Generated Output. Generated Output may contain artefacts, inaccuracies, or unintentionally resemble existing works. We make no warranty regarding non-infringement of third-party rights by the Generated Output itself.
(b) No advice or information obtained through the Service creates any warranty not expressly stated herein.
(c) Nothing in these Terms limits any non-excludable statutory rights.
12. Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for (i) indirect, consequential, special, punitive, or exemplary damages; (ii) loss of profits, revenue, data, or goodwill; (iii) any amount exceeding the total fees you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim. Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under English law.
13. Indemnity
You agree to indemnify, defend, and hold harmless Muvimator ([Your Full Name] trading as Muvimator) from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your (i) breach of these Terms; (ii) User Input; (iii) misuse of the Service; or (iv) violation of any law or third-party right.
14. Termination
We may suspend or terminate your Account at any time with or without notice if we reasonably believe you have breached these Terms or pose a risk to the Service. You may stop using the Service at any time. Sections 7–13 and 15-19 survive termination.
15. Copyright Complaints
If you believe that your copyright has been infringed by User Input or Generated Output on the Service, please notify us by sending an email to copyright@muvimator.com containing: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material on the Service; (c) your contact information; (d) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We will respond to valid notices in accordance with applicable UK law.
16. Governing Law & Jurisdiction
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter.
17. Complaints & Dispute Resolution
If you have a complaint, please contact us at support@muvimator.com. We will endeavour to respond within 14 days. If your complaint is not resolved, you may refer it to the UK Online Dispute Resolution platform or seek other legal remedies.
18. Miscellaneous
These Terms constitute the entire agreement between you and Muvimator regarding the Service and supersede any prior agreements. If any provision is found invalid, the remaining provisions shall remain in full force. We may assign these Terms without restriction; you may not assign any of your rights without our prior written consent.
19. Contact Information
For questions about these Terms, please contact support@muvimator.com.
Last updated: 17 June 2024