1.Agreement to these Terms
These Terms of Service (the “Terms”) are a legally binding agreement between you and Aitechma LLC, a Delaware limited liability company (“Aitechma LLC”, “we”, “us” or “our”). ClipMovi is a product of Aitechma LLC. These Terms govern your access to and use of the ClipMovi website, applications, products and services, including any videos, content, features and support we provide (together, the “Service”).
By creating an account, buying credits, or otherwise accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not access or use the Service.
If you use the Service on behalf of a company, organization or other entity, you represent that you have the authority to bind that entity to these Terms, and “you” and “your” refer to both you and that entity.
Please read Section 22 carefully. It contains a binding arbitration agreement and a class action waiver that affect how disputes between you and us are resolved.
2.Eligibility and accounts
You must be at least 18 years old, or the age of legal majority where you live if that is higher, to use the Service. By using the Service you represent that you meet this requirement and that you are not barred from using the Service under any applicable law.
To use most of the Service you need an account. You agree to:
- provide accurate, current and complete information, and keep it up to date;
- keep access to your email account and sign-in links secure, and not share your account with anyone else;
- notify us promptly at hello@clipmovi.com if you believe your account has been accessed without your permission; and
- accept responsibility for all activity that occurs under your account, whether or not you authorized it.
We may refuse to open an account, or may limit, suspend or close an account, at our discretion, including where we reasonably believe information provided is false or the account is being used in breach of these Terms. We are not liable for any loss arising from unauthorized use of your account.
3.The Service
ClipMovi lets you describe a video, provide materials such as a logo, images, footage, audio and brand details, and receive a video generated for you. You can then request changes, download your videos, and use other features we make available from time to time.
The Service uses automated systems, including artificial intelligence, to plan, design and produce videos. Results depend on your instructions and materials and may vary between requests. Two requests with the same instructions may produce different results, and other customers may receive results that are similar to yours.
We continually improve the Service and may add, change, suspend or remove features, templates, formats, limits or functionality at any time, with or without notice. We do not guarantee that any particular feature, template, style or format will remain available.
Delivery times shown on the Service are estimates only. While most videos are ready quickly, times can vary and we do not guarantee that a video will be delivered within any particular period.
4.Credits, pricing and payment
The Service is paid for with prepaid credits. The number of credits a video uses depends on its length and the options you choose, and is shown before you confirm a request. Some changes to an existing video may also use credits, as shown in the Service at the time.
Prices
Prices are shown on the Service at the time of purchase and may be changed at any time. A price change does not affect credits you have already bought. Prices may not include taxes, which may be added at checkout where required by law. You are responsible for any taxes, duties or bank and currency conversion fees that apply to your purchase.
Payment
Payments are processed by third-party payment processors on our behalf, and your payment is also subject to their terms. By submitting a payment, you represent that you are authorized to use the payment method and authorize us and our payment processors to charge it for the total amount of your order. If a payment is declined or reversed, we may cancel the purchase, remove the related credits and restrict your account until the matter is resolved.
Nature of credits
- Credits are a limited, non-exclusive, non-transferable, revocable license to use the Service. They are not money, have no cash value, do not earn interest and are not a deposit, stored value or property.
- Credits cannot be sold, transferred, gifted to another account or exchanged for cash, except where the law requires otherwise.
- Credits do not currently expire while your account remains open and in good standing. Credits are forfeited if your account is closed, whether by you or by us for breach of these Terms.
- We may correct credit balances that are wrong because of an error, a reversed payment, a refund or misuse of the Service.
No subscription
Credit purchases are one-time payments. We do not charge you automatically or on a recurring basis unless we clearly tell you otherwise and you agree at the time.
5.Free credits and trial videos
We may give new or existing accounts free credits or trial access. Videos made with free or trial credits may have reduced resolution, a watermark or other limitations. Free credits have no cash value, cannot be refunded or transferred, are limited to one per person or business unless we say otherwise, and may be changed, withdrawn or expire at any time.
Creating multiple accounts, or using any other method, to obtain more free credits than intended is a breach of these Terms. We may cancel those credits, remove videos made with them and close the related accounts.
6.Refunds
Because credits give you immediate access to a digital service that starts as soon as you use it, all purchases of credits are final and non-refundable, except as set out in this Section or where a refund is required by applicable law.
Videos that cannot be made
If a video request fails and we are unable to deliver the video, the credits used for that request are returned to your account automatically. If we decline to deliver a video, for example because it does not meet our quality or content standards, the credits used are also returned to your account. Returned credits are your sole and exclusive remedy for a video that is not delivered. Returned credits are added to your credit balance and are not refunded to your payment method.
Satisfaction with results
Creative results are subjective and generated automatically. A video that is delivered counts as delivered even if it is not exactly what you had in mind. You can request changes through the Service, but dissatisfaction with the style, content, quality or any other aspect of a delivered video is not grounds for a refund of money or credits. We encourage you to start with your free trial before buying credits.
Unused credits
Unused credits are not refundable, including when you stop using the Service or close your account.
Billing errors
If you believe you were charged in error, for example a duplicate charge, contact us at hello@clipmovi.com within 30 days of the charge with the details. If we confirm a billing error, we will correct it, which may include a refund of the erroneous amount to the original payment method.
Goodwill and statutory rights
Any refund, credit or other accommodation we provide outside this Section is a one-time courtesy at our sole discretion and does not entitle you or anyone else to a similar accommodation in the future. Nothing in these Terms limits any non-waivable right you may have under the consumer protection laws of the place where you live.
7.Chargebacks and payment disputes
If you have a problem with a charge, please contact us at hello@clipmovi.com before contacting your bank or card issuer. Most issues can be resolved quickly and directly.
If you file a chargeback or payment dispute for a purchase you authorized, we may suspend your account while the dispute is open, remove the credits related to the disputed payment (including credits already used), and close your account if the dispute is not resolved in our favor or is found to be unfounded. We may provide your payment provider with information about your account and use of the Service to respond to a dispute, and may recover any fees and costs we incur from unfounded disputes where permitted by law.
8.Promotions and promo codes
From time to time we may offer promotions, discounts or promo codes. Each promotion is subject to the conditions stated with it, may be limited in time, quantity or eligibility, can only be used once per customer unless stated otherwise, has no cash value, cannot be combined with other offers unless stated, and may not be sold or transferred. Promo codes are void where prohibited and may be changed or withdrawn at any time. We may cancel purchases, credits or accounts that obtained a promotion through error, fraud or misuse. A promotion does not affect the refund terms above, and any refund we do give is limited to the amount you actually paid.
9.Your content
“Your Content” means anything you submit to the Service, including text, descriptions and instructions, logos, images, footage, audio, voice recordings, music, fonts, brand details and feedback. You keep all ownership rights you have in Your Content.
License you give us
You grant Aitechma LLC and the service providers acting on our behalf a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, copy, process, adapt, modify, combine with other material, display and transmit Your Content as needed to provide, maintain, secure and improve the Service, including to produce your videos, provide support and enforce these Terms. This license lasts for as long as Your Content is stored by the Service and for a reasonable period afterwards needed to remove it from our systems and backups.
Your responsibilities
You are solely responsible for Your Content and represent and warrant that:
- you own Your Content or have all rights, licenses, consents and permissions needed to use it with the Service and to grant the license above, including the permission of any person who appears or is identifiable in it and of the owner of any trademark, logo, music or other protected material it contains;
- Your Content, and our use of it as permitted by these Terms, does not infringe, misappropriate or violate any intellectual property, privacy, publicity or other right of any person, or any law; and
- the facts, claims, prices, offers and other information you ask us to include in a video are accurate and lawful.
We do not review all content submitted to the Service and are not responsible for Your Content. We may, but are not required to, review, refuse, decline to process or remove any content that we believe breaches these Terms or may expose us, our users or others to harm or liability.
10.Videos you create
As between you and us, and subject to your compliance with these Terms and payment of any amounts due, you may use the videos the Service delivers to you (“Outputs”) for any lawful personal or commercial purpose, including on your website, in advertising, on social media and in presentations. To the extent we have any rights in an Output, we assign them to you, except for the third-party materials described in Section 11 and our own pre-existing materials, which are licensed to you for use as part of that Output.
You acknowledge that:
- Outputs are produced automatically and may not be unique; similar Outputs may be generated for other customers, and those Outputs are not yours;
- the law on ownership and protection of content made with artificial intelligence is developing and differs between countries, and we make no promise that an Output can be protected by copyright or other rights;
- Outputs may contain errors, omissions or content you did not expect, including incorrect text, spelling, numbers or visuals; and
- you are solely responsible for reviewing every Output before you publish or use it, and for making sure your use complies with all applicable laws, advertising standards, platform rules and third-party rights.
You grant Aitechma LLC a non-exclusive, worldwide, royalty-free license to use Outputs, and the general design characteristics of your videos, to operate, maintain and improve the Service. We will not publicly display your videos or name you as a customer in our marketing without your permission.
11.Stock media, music and fonts
The Service may add or let you choose photos, video clips, music, sound, fonts, icons and other materials provided by third parties. These materials remain the property of their owners and are made available under their own license terms. You may use them only as part of the Output in which they were included, and not on their own, resold, redistributed or included in another library or collection.
Music and other materials that are royalty-free may still be detected by automated content identification systems on some platforms. We are not responsible for claims, muting or monetization limits applied by third-party platforms, and we do not guarantee that any material is cleared for every possible use, territory or platform. Where you need particular clearance, for example for broadcast or a large advertising campaign, you are responsible for obtaining it or for supplying your own licensed materials.
12.Acceptable use
You agree not to use the Service, or help anyone else use it, to:
- create, upload or share content that is unlawful, defamatory, fraudulent, deceptive, harassing, hateful, violent, threatening, obscene or sexually explicit, or that exploits or harms minors in any way;
- infringe or misappropriate anyone's intellectual property, privacy or publicity rights, including by using logos, music, footage, names, likenesses or voices without permission;
- impersonate any person or organization, or create content intended to mislead people into thinking it comes from or is endorsed by someone else, including deceptive depictions of real people;
- create false or misleading advertising, health, financial or other claims, or content for scams, spam, phishing or other fraud;
- create content that promotes illegal goods or services, violence, terrorism, self-harm or discrimination;
- interfere with, disrupt, overload or attempt to gain unauthorized access to the Service, other accounts or our systems, or circumvent any limit, security measure or content safeguard;
- copy, scrape, reverse engineer or attempt to extract the underlying models, prompts, templates, designs or source code of the Service, except where the law expressly allows it;
- use the Service or its Outputs to build or train a competing product or service;
- resell, sublicense or provide the Service to third parties as a service bureau, or access it through automated means other than those we provide; or
- use the Service in breach of any applicable law or regulation, including export control and sanctions laws.
We may investigate suspected breaches and may remove content, decline or stop processing requests, forfeit credits used in breach of this Section, suspend or close accounts, and cooperate with law enforcement where appropriate.
13.Automated and AI-generated content
The Service, including the ClipMovi AI assistant, generates content automatically. Generated content, including scripts, text, suggestions, replies and videos, may be inaccurate, incomplete, out of date or inappropriate for your purpose, and does not reflect the views of Aitechma LLC.
Generated content is not professional advice of any kind, including legal, financial, medical, tax or marketing advice. You should not rely on it as a substitute for professional advice, and you are responsible for checking any facts, claims and figures before using an Output. Where the law or a platform requires you to disclose that content was made with artificial intelligence, you are responsible for making that disclosure.
14.Storage and availability of your files
The Service is not a storage or backup service. We keep your uploads and videos for a limited period so you can preview, change and download them, and we may delete them after that period or when your account is closed. The current retention period is shown in the Service and may change. You are responsible for downloading and keeping your own copies of any video or file you want to keep.
We aim to keep the Service available and reliable, but it may be interrupted for maintenance, updates or reasons beyond our control. To the fullest extent permitted by law, we are not liable for any loss of data, files or videos, or for any unavailability of the Service.
15.Our intellectual property
The Service and everything in it, other than Your Content and Outputs as described above, including the software, designs, templates, layouts, text, graphics, the ClipMovi name and logo, and all related intellectual property, are owned by Aitechma LLC or its licensors and are protected by law. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for its intended purpose. All rights not expressly granted to you are reserved. You may not use our name, logos or trademarks without our prior written permission.
16.Feedback
If you send us ideas, suggestions, ratings, comments or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without any obligation or compensation to you. We are not required to use any feedback.
17.Third-party services and links
The Service may contain links to, or features provided by, third-party websites and services, such as payment, support or sharing tools. We do not control and are not responsible for third-party services, their content, policies or practices, and your use of them is at your own risk and subject to their terms.
18.Suspension and termination
You may stop using the Service at any time and may ask us to close your account by contacting us at hello@clipmovi.com.
We may suspend or terminate your access to all or part of the Service, with or without notice, if we reasonably believe you have breached these Terms, if your use creates risk or possible legal exposure for us or others, if required by law, or if we discontinue the Service. If we terminate your account for breach of these Terms, any remaining credits are forfeited without refund. If we discontinue the Service entirely for reasons other than your breach, we will give reasonable notice where practical so you can use or download your materials.
Sections that by their nature should survive termination will survive, including those on credits and refunds, Your Content licenses, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.
19.Disclaimers
To the fullest extent permitted by law, the Service and all Outputs and content are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory. Aitechma LLC disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranties arising from course of dealing or usage of trade.
We do not warrant that the Service will be uninterrupted, timely, secure or error-free, that Outputs will meet your requirements or expectations, be accurate or unique, or achieve any particular result (including any marketing, sales or engagement result), or that any content will be free of harmful components. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
20.Limitation of liability
To the fullest extent permitted by law, in no event will Aitechma LLC, its affiliates, or their members, managers, officers, employees, agents, licensors or service providers be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data or content, or cost of substitute services, arising out of or relating to these Terms or the Service, however caused and under any theory of liability, even if advised of the possibility of such damages.
To the fullest extent permitted by law, the total liability of Aitechma LLC and the parties above for all claims arising out of or relating to these Terms or the Service is limited to the greater of (a) the amount you actually paid us for the Service in the twelve (12) months before the event giving rise to the claim, or (b) fifty U.S. dollars (US$50).
These limitations apply even if a remedy fails of its essential purpose, and they are an essential part of the agreement between you and us. Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you; in that case our liability is limited to the fullest extent permitted by law.
21.Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Aitechma LLC, its affiliates, and their members, managers, officers, employees and agents from and against any claims, liabilities, damages, losses, fines, costs and expenses (including reasonable legal fees) arising out of or relating to: (a) Your Content; (b) your use of the Service or of any Output, including publishing or distributing it; (c) your breach of these Terms; or (d) your violation of any law or of any right of a third party. We may assume the exclusive defense of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.
22.Dispute resolution and arbitration
Informal resolution first
Before starting any formal proceeding, you agree to contact us at hello@clipmovi.com with a written description of your claim and the relief you want, and to try in good faith to resolve it with us for at least 30 days. We will do the same before starting a proceeding against you.
Binding individual arbitration
If a dispute is not resolved informally, you and Aitechma LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules (or its Commercial Arbitration Rules if you use the Service for business purposes). The arbitration will be conducted in English, by a single arbitrator, and may be conducted by video conference or on written submissions. The arbitrator's decision is final and may be entered in any court with jurisdiction.
Exceptions
Either party may bring an individual claim in a small claims court that has jurisdiction, and either party may seek an injunction or other equitable relief in court to protect its intellectual property rights or to stop unauthorized use of the Service.
Class action waiver
You and Aitechma LLC agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims of more than one person or preside over any form of class or representative proceeding.
Opting out
You may opt out of this arbitration agreement by emailing hello@clipmovi.com with your name, the email address of your account and a clear statement that you opt out of arbitration, within 30 days after you first accept these Terms. Opting out does not affect any other part of these Terms.
Time limit
To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the claim arose, or it is permanently barred.
If any part of this Section is found unenforceable, the remainder will still apply, except that if the class action waiver is found unenforceable for a claim, that claim must be brought in court and not in arbitration.
23.Governing law and venue
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, United States, without regard to its conflict of law rules, and by the Federal Arbitration Act for Section 22. Subject to Section 22, you and Aitechma LLC submit to the exclusive jurisdiction of the state and federal courts located in Delaware for any matter heard in court. If you are a consumer living outside the United States, you may also benefit from mandatory consumer protection laws of your country of residence.
24.Changes to these Terms
We may update these Terms from time to time. When we do, we will change the effective date at the top of this page and, for material changes, we will give reasonable notice, for example by email or through the Service. Changes take effect when posted unless we say otherwise. By continuing to use the Service after changes take effect, you agree to the updated Terms. If you do not agree, you must stop using the Service.
25.General
- Entire agreement. These Terms, together with the Privacy Policy and any terms presented with a specific feature or promotion, are the entire agreement between you and us about the Service and replace any prior agreements.
- Severability. If any provision of these Terms is found unenforceable, it will be limited to the minimum extent necessary and the rest of the Terms will remain in effect.
- No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
- Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms, including in connection with a merger, acquisition or sale of assets.
- Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including outages of third-party services, network failures, natural disasters, government action or labor disputes.
- Notices. We may send notices to the email address on your account or through the Service. You may send notices to us at hello@clipmovi.com.
- Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and us.
- Language and headings. These Terms are written in English, which controls over any translation. Headings are for convenience only.
26.Contact us
ClipMovi is a product of Aitechma LLC, a Delaware software company. If you have any questions about these Terms, please contact us at hello@clipmovi.com.