Terms of Use

1.1 Basic Understanding and Responsibility

• You acknowledge that you are interacting with an AI system.
• AI systems are based on probabilistic models, which may result in misunderstandings or errors.
• We are not responsible for any misunderstandings or inaccuracies caused by AI.

1.2 User Responsibilities

• You are responsible for independently reviewing all Output (as defined below).
• You should exercise personal judgment before relying on Output.
• You are fully responsible for monitoring and approving the use of Output.
• You assume responsibility for any decisions, actions, or omissions based on Output.

1.3 Inherent Limitations of AI Functionality

• Outputs may contain errors or inaccurate information.
• AI may produce repetitive or formulaic content.
• AI may struggle to understand subtle nuances in language, including slang and cultural references.
• Similar or identical inputs may produce the same or similar outputs across users.
• AI outputs may perpetuate biases present in its training data.
• AI has limitations in performing complex reasoning and judgment tasks.
• Generated videos and animations may contain visual artifacts, mathematical inaccuracies, or rendering errors.

2.1 Access Rights

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial purposes, unless otherwise agreed. All rights not expressly granted are reserved.

2.2 Account Responsibilities

To access our Services, you must complete account registration and ensure that the information you provide is accurate, complete, and current. You are responsible for safeguarding your account credentials and for all activities under your account. You must be at least 18 years of age to use the Service. You must immediately notify us of any unauthorized use of your account.

2.3 Prohibited Conduct

As a condition of use, you agree not to use the Services for any purpose prohibited by this Agreement or applicable law. You shall not (and shall not permit any third party to):

• License, sell, rent, lease, transfer, assign, reproduce, distribute, or otherwise exploit the Services or any content therein.
• Reverse engineer, decompile, or disassemble any aspect of the Services, except as permitted by law.
• Use automated means to access the Services in a manner that exceeds reasonable use or violates rate limits.
• Violate any applicable law or regulation.
• Infringe upon the rights of others.
• Generate content that is harmful, abusive, threatening, defamatory, obscene, or otherwise objectionable.
• Attempt to gain unauthorized access to the Service or its systems.
• Interfere with or disrupt the Service or its infrastructure.
• Use the Service for any fraudulent or deceptive purpose.
• Use false information, multiple accounts, or automated tools for fraudulent activities.

2.4 Usage Restrictions

The Services may impose usage restrictions on specific features or settings, such as limits on the number of generations, sandbox time, file storage, or API calls. These restrictions may vary by plan and may be updated from time to time.

2.5 Cloud Sandbox Environment

Certain features of the Service operate within isolated cloud sandbox environments ("Sandbox Environments") that execute code and generate videos on your behalf. By using Sandbox Environments, you acknowledge and agree that:

• Code and commands are executed within isolated cloud environments managed by third-party infrastructure providers. These environments are ephemeral and may be terminated at any time.
• You grant us permission to execute code, install packages, and perform operations within the Sandbox Environment as needed to fulfill your requests.
• Files and data within the Sandbox Environment are temporary. We are not responsible for data loss within sandbox sessions.
• Actions executed within Sandbox Environments may be attributed to you. You are responsible for the content of prompts and instructions you provide.
• We are not liable for any consequences arising from code execution within the Sandbox Environment, including but not limited to errors, data corruption, or unintended outputs.
• Sandbox sessions may be subject to time limits and resource constraints that vary by plan.

2.6 Third-Party Accounts

The Services may allow you to authenticate via third-party services (such as Google) where you maintain an account. By connecting a third-party account, you represent that you are entitled to provide us access and that such access does not violate the third-party's terms.

3.1 Third-Party Processors

We use Stripe as our third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By purchasing any subscription or credits, you agree to be bound by Stripe's Privacy Policy (https://stripe.com/us/privacy) and its terms of service.

3.2 Payment and Order Processing

You shall pay all fees or charges ("Fees") for your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide a current, valid, accepted method of payment.

3.3 Taxes

The Fees do not include any sales tax, value added tax, or similar taxes that may be due in connection with the Services. You are responsible for all applicable taxes.

4.1 Subscription Management

Certain services or specific portions thereof are only available with a paid subscription. Depending on the subscription plan selected, your subscription will automatically renew at the end of each billing cycle unless you cancel prior to renewal. You can cancel your subscription at any time through your account settings. Upon cancellation, you will not be charged for subsequent billing periods, but you will retain access until the end of the current billing period.

4.2 Billing and Fee Changes

You must provide our payment system with accurate and complete billing information. If automatic billing fails, we will issue an invoice indicating payment is required by a specified due date. We reserve the right to modify subscription fees at any time. Changes will become effective at the end of the current subscription period. We will provide reasonable advance notice prior to any fee change.

4.3 Credits

The Services operate on a credit-based system. Credits may be purchased or included with your subscription plan ("Credits"). Credits are non-transferable and non-refundable. Unused credits may expire as described in our pricing documentation. Credits may only be used by the account to which they were issued and may not be transferred, resold, or redeemed for cash. Upon termination of your account, any remaining credits will be forfeited.

4.4 Refund Policy

Except where required by applicable law, all payments made for subscriptions, Credits, or other paid features of the Services are final and non-refundable. If you are a consumer residing in the European Union, the United Kingdom, or Turkey, you may have the right to withdraw from your purchase within 14 days of the transaction, provided you have not used the Credits or Services during that period. For any refund inquiries, contact us at magent.ai.app@gmail.com.

5.1 Your Responsibility

Subject to your compliance with this Agreement, you may submit information, data, text, images, prompts, and other materials to the Services ("Content"). Content you provide as input is referred to as "Input", and content generated by the Services in response to your Input is referred to as "Output". Output includes generated videos, animations, code, images, and voiceover audio. All Output is provided "as is" and we make no representations or warranties regarding the accuracy, completeness, or suitability of any Output.

5.2 Content Ownership

We do not claim ownership of any Input or Output (collectively, "Your Content"). Subject to Section 5.3, as between us and you, you are the owner of all right, title, and interest in Your Content. You acknowledge that due to the nature of AI, Output may not be unique and other users may receive similar or identical Output.

5.3 License

You grant us a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with operating, providing, improving, and developing the Services. This license persists for the period Your Content is retained by us. For details on data retention, see our Privacy Policy.

5.4 AI Services

We provide certain features leveraging third-party artificial intelligence providers and deep learning platforms ("AI Services"). AI Services are provided subject to the terms and policies of the respective third-party providers. We do not guarantee the availability, accuracy, or reliability of any AI Services.

5.5 Content Restrictions

You represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to submit Your Content.
• Your Content does not violate the rights of any third party, including intellectual property rights, privacy rights, and publicity rights.
• Your Content complies with all applicable laws and regulations.
• You will not use the Services to generate content that is harmful, abusive, defamatory, obscene, or that depicts illegal activity.
• You will not use the Services to generate content that infringes on copyrighted material, including reproducing copyrighted music, images, or video.

5.6 Content Storage

Unless expressly agreed to in writing, we have no obligation to store any of Your Content. Generated videos and sandbox data may be deleted after a retention period that varies by plan. You are responsible for maintaining your own backup copies of any Content you wish to preserve.

5.7 Content Sharing

We may provide tools that enable you to export or share Output, including generated videos. Any sharing or distribution of Output by you is at your own risk and subject to these Terms. You are solely responsible for ensuring that shared Output complies with applicable laws and does not infringe on third-party rights.

5.8 Third-Party Services

The Services may contain links to or integrate with third-party services. Your use of such third-party services is subject to their respective terms and privacy policies. We are not responsible for the content, policies, or practices of any third-party services.

5.9 Feedback

If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), we may use such Feedback without restriction or obligation to you.

6.1 Ownership

We do not own any of your Input or Output (as described in Section 5.2). We retain all rights, title, and interest in and to the Services, including all related intellectual property rights ("Intellectual Property Rights"). "Manimate" and all related stylizations, graphics, logos, service marks, and trade names are our trademarks or registered trademarks and may not be used without our prior written consent.

6.2 Usage Data

You authorize us to generate data, information, and analytics relating to your usage of the Services ("Usage Data"). Usage Data is anonymized and does not include Your Content. We may use Usage Data for any lawful purpose, including improving and developing the Services.

6.3 Third-Party Intellectual Property

The Services may include intellectual property owned by third parties, including open-source software. Such third-party intellectual property is subject to the applicable third-party license terms.

12.1 Governing Law

Except as provided in these Terms or required by applicable law, these Terms and your use of the Services shall be governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles. For any claims not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state or federal courts located in Delaware.

12.2 Informal Dispute Resolution

If you have any disputes, claims, or controversies arising out of or relating to these Terms or the Services (a "Dispute"), you agree to first attempt to resolve the Dispute informally by contacting us at magent.ai.app@gmail.com. You must provide a written notice describing the nature and basis of the Dispute and the specific relief sought. Both parties shall attempt to resolve the Dispute through good-faith negotiation for at least 45 days before pursuing formal resolution.

12.3 Dispute Resolution for Non-U.S. Users

For any Dispute that is not resolved informally within the 45-day period, and where you are not a U.S. resident, the Dispute shall be finally settled by binding arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with SIAC rules. The arbitration shall be conducted in English, with the seat of arbitration in Singapore. The arbitration shall be conducted by a single arbitrator, and the award shall be final and binding.

12.4 Dispute Resolution for U.S. Users

You and we agree that any Dispute will be resolved by final and binding arbitration. This means that there will be no court trial of such Dispute.

A. Binding Arbitration

Any Dispute not resolved through informal dispute resolution within 60 days shall be resolved exclusively by binding arbitration administered by National Arbitration and Mediation ("NAM") pursuant to its Comprehensive Dispute Resolution Rules and Procedures. The arbitration shall be conducted by a single arbitrator in the English language. The arbitrator's decision shall be final and binding.

B. Exceptions

This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.

C. Waiver of Jury Trial

YOU AND WE KNOWINGLY AND IRREVOCABLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AND WE ARE INSTEAD ELECTING THAT ALL DISPUTES SHALL BE RESOLVED BY ARBITRATION.

D. Waiver of Class and Representative Actions

YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, AND REPRESENTATIVE ACTIONS ARE PROHIBITED. ONLY INDIVIDUAL RELIEF IS AVAILABLE.

E. Batch Arbitration

To increase the efficiency of resolution, if fifty (50) or more similar arbitration demands are filed, the parties agree that NAM will administer them in batches of up to fifty (50) claimants each. Each batch will be treated as a single consolidated arbitration with one arbitrator, one set of fees, and one hearing.

F. Opt-Out Mechanism

You have the right to opt out of the binding arbitration agreement within 30 days of first accepting these Terms. To opt out, you must provide written notice to magent.ai.app@gmail.com with the subject line "Arbitration Opt-Out". The notice must include your full name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you may pursue Disputes in court, subject to the governing law and jurisdiction provisions in this section.

14.1 Severability

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

14.2 Waiver

The failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter.

14.3 Assignment

This Agreement may not be assigned by you without our prior written consent. We may assign this Agreement freely. Any purported assignment in violation of this section is void.

14.4 Modifications

We reserve the right to modify these Terms at any time. When changes are made, we will update the "Last updated" date and post the revised Terms. We will use reasonable efforts to notify you of material changes (e.g., via email or in-app notice). Your continued use of the Services after such changes constitutes acceptance of the new Terms.

14.5 Electronic Notice

Communications between you and us may take place via electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14.6 Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and us regarding the Services, and supersedes all prior or contemporaneous understandings, communications, or agreements, whether written or oral.