Terms of Service

Agreement

These Terms of Service ("Terms") are an agreement between you and Imakie ("Imakie", "we", "us"). They govern your use of the Imakie website, studio, applications, APIs and related services (the "Service").

By creating an account, clicking to accept, or using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service for an organization, you agree on its behalf and confirm you have authority to do so; "you" then means that organization as well as you.

If you do not agree, do not use the Service.

The Service

Imakie is an AI film agency. You describe what you need, and the Service helps you plan and produce it: it asks questions, proposes concepts, and writes and produces scripts, storyboards, images, narration, music, video and publishing materials such as titles, descriptions and thumbnails. You can work step by step with the Imakie agent, or let it run on its own ("Auto") within the limits you approve.

The Service uses AI models provided by us and by third parties. Features, models, output quality and limits may change over time. We may add, change or remove features, and we will give reasonable notice of changes that materially reduce what a paid plan includes.

Eligibility and accounts

• You must be at least 18 years old, or the age of majority where you live, to create an account. A person aged 13 or older may use the Service only through an educational organization that has agreed to our student privacy terms, or with a parent or guardian's consent.
• You must give accurate information and keep it up to date.
• You are responsible for everything done through your account and for keeping your sign-in secure. Tell us at once at contact@imakie.ai if you think your account has been compromised.
• You may not share an account, sell it, or create accounts by automated means.

Plans, credits and payment

Credits

Most work in the Service is paid for with credits. Before paid work starts, the Service shows its estimated cost and asks for your approval, or works within a credit limit you set. Estimates are a guide; the credits charged are those the work actually uses, never more than the limit you approved.

Plans

Paid plans are billed in advance, monthly or yearly, and renew automatically until cancelled. Prices, included credits and features are shown on our pricing page at the time you buy. You can cancel at any time in your account settings; cancellation takes effect at the end of the current billing period. Unused plan credits do not carry over unless the pricing page says so. Credit packs bought separately do not expire while your account is open.

Free plan

The free plan includes a limited number of credits. Films rendered on the free plan carry a small "Made with Imakie.ai" mark.

Failed work

If a generation or render fails because of a fault on our side, the credits it used are returned to your balance. Credits are not returned for work that completed as requested but that you decide not to use.

Payment

Payments are processed by Stripe. You authorize us to charge your payment method for your plan and any purchases, plus applicable taxes. If a payment fails, we may pause paid features until it is resolved. Fees are non-refundable except as these Terms state or where the law requires a refund.

We may change prices for future billing periods. We will tell you at least 30 days before a price change applies to your plan, and you may cancel before it takes effect.

Your content and outputs

What you bring

"Inputs" are what you give the Service: your briefs, messages, documents, reports, links, images, video, audio, logos, brand kits and voice recordings. You keep all rights you have in your Inputs. You confirm that you have the rights and permissions needed to give them to us and to have them used as you direct.

What you make

"Outputs" are what the Service produces for you: scripts, images, narration, music, films and publishing materials. As between you and us, you own your Outputs, and we assign to you any rights we have in them. Third-party material included in an Output, such as licensed photos, footage or music, remains subject to its own licence (see Third-party media and licences). Because of how AI works, Outputs may not be protected by copyright in every country, and other users may receive similar outputs.

What we may do with them

You give us a worldwide, non-exclusive, royalty-free licence to host, store, process, copy, adapt and display your Inputs and Outputs only as needed to provide, secure and support the Service for you, including sending them to the AI and infrastructure providers that run it. This licence ends when you delete the content, except for copies kept for a limited time in backups or where the law requires us to keep them.

We do not use your Inputs or Outputs to train AI models, and we use AI providers under terms that do not allow them to do so.

We will not publish or show your projects to others unless you share or publish them, or ask us to (for example, to feature a film as a sample).

AI-generated content

• AI makes mistakes. Outputs may contain errors, invented facts, misspelt names, wrong figures or pictures that do not show what a line says. The Service checks facts against the sources it was given, but those checks reduce errors; they do not remove them. A fact check is not legal, financial, medical or professional advice.
• Review before you publish. You are responsible for reviewing each Output, deciding whether it is accurate and suitable, and for any use or publication of it.
• Disclose where required. Some platforms and laws require you to label realistic synthetic or altered content. The Service suggests these labels in its publishing materials; deciding and applying them is your responsibility.
• No investment advice. Films about companies, markets or securities are for information and commentary. Neither the Service nor its Outputs recommend buying, selling or holding any security.

Acceptable use

You may not use the Service, or help anyone else use it, to:

• break any law, or infringe or misappropriate anyone's copyright, trademark, privacy, publicity or other rights;
• create sexual content involving minors, or sexual content of a real person without their consent;
• depict a real person saying or doing something they did not say or do in a way intended or likely to deceive, including political deepfakes and fake endorsements;
• impersonate any person or organization, or misrepresent a film's source or who made it;
• harass, threaten, defame or incite violence or hatred against any person or group;
• create content intended to mislead voters about elections, or to spread health or safety misinformation;
• create spam, scams, phishing or deceptive advertising;
• clone, imitate or synthesise anyone's voice except your own (see Real people, voices and likenesses);
• build a competing model or service from the Service or its Outputs, or extract our prompts, models or data;
• reverse engineer, scrape, overload, probe or bypass the security, limits or credit controls of the Service;
• violate the terms of a platform you publish to through the Service.

We may review content and activity to enforce these Terms and to keep the Service safe, and we may refuse to produce or publish anything we reasonably believe breaks them.

Real people, voices and likenesses

Your voice

The "My voice" feature creates a synthetic voice from your own recording. You may only create a voice from your own voice. Each time, you confirm that the voice is yours and give your consent, which we record. Your voice is used only in your own projects, is never offered to other users, and is deleted when you delete it.

Other people

Films about real people, companies and events may show licensed photos and footage of them and quote their public statements with attribution. The Service does not generate pictures or voices that pass as a real person. You must not use a real person's name, image or voice to suggest they endorse you, a product or a cause.

Brands and logos

When you add a brand kit, logo or trademark, you confirm that you own it or are authorized to use it in the films you make.

Third-party media and licences

To show real places, people and things, the Service may include photos, footage, maps, documents and music from third-party sources, such as Wikimedia Commons, Pexels, Pixabay, public archives and Creative Commons videos. Each item stays under its own licence. The Service records each item's source and licence and includes the required credits in your film's publishing materials.

When you publish, you must keep those credits and follow each licence's terms. Some licences require that a work which adapts the material be shared under the same licence; the Service tells you when an item carries such a licence. Music generated by the Service is yours to use in the film it was made for.

Review Excerpts

Review Excerpts is an optional feature for films that comment on, review, report on or fact-check a video. At your direction, it cuts short clips from a copy of that video which you upload, and places them in your film. Imakie never downloads videos from YouTube or any other platform. Do not ask us, or use the Service, to obtain a video for you.

Turning it on

The feature is off by default. You turn it on for each film, and we record when you did so and which version of these Terms applied.

What you confirm

Each time you turn it on, you confirm that:

1. you own the video, have its owner's permission, or obtained your copy in a way the platform or site it came from allows, without breaking any technical protection;
2. your film's purpose is commentary, criticism, review, news reporting or fact-checking of that video, and not to replace it or entertain with it;
3. you will not use the film or any clip in advertising, sponsorship or promotion, or to suggest that anyone shown endorses you, your brand or Imakie;
4. you will not edit or present a clip so that it misrepresents what was said or its context;
5. you are responsible for whether your use is lawful where you publish. Fair use, fair dealing and quotation exceptions differ between countries and depend on the facts.

Limits we apply

• Each clip is the moment a statement is made, between 2 and 12 seconds long.
• A film has at most 4 clips, together no more than 10% of its running time.
• Each clip is followed by the film's own comment on it.
• Each clip is credited on screen, and your film's description names the original video with a link to it.
• Clips play as recorded. We never alter or synthesise the speaker's words, voice or face.

Fair use and fair dealing are defences decided case by case, not permissions. These limits are designed for commentary but do not make any use lawful. A rights holder or a platform's automated system, such as YouTube's Content ID, may still claim, block or remove your film. You use and publish clips at your own risk.

Connected channels and publishing

You may connect channels, such as YouTube channels from any of your Google accounts, so the Service can publish your films for you.

• Only at your click. We publish a film only when you choose to publish it, to the channel, privacy setting and time you choose. Auto never publishes.
• Access. Connecting a channel gives us permission to upload videos, thumbnails and captions and to read the channel's basic details. We store the access credentials encrypted, never show them in your browser, and use them only to do what you ask.
• Disconnecting. You can disconnect a channel at any time in the Service. You can also revoke our access to a Google account at Google's security settings.
• YouTube. Our publishing features use YouTube API Services. By using them you agree to be bound by the YouTube Terms of Service. Google's handling of your data is described in the Google Privacy Policy.
• Responsibility. You are the publisher of what you publish. The platform's own rules, such as its community guidelines, monetization policies and synthetic-content labels, apply to your uploads.

Third-party services

The Service relies on third parties, including Google (cloud hosting, sign-in, AI models and YouTube), Stripe (payments) and media libraries. Their services may change or become unavailable, which may affect features of the Service. Links to third-party sites and content are provided for convenience; we are not responsible for them, and your use of them is governed by their terms.

Copyright complaints

We respect intellectual property rights and respond to notices of alleged infringement under the U.S. Digital Millennium Copyright Act and similar laws.

To send a notice

Send a written notice to our Copyright Agent at contact@imakie.ai that includes:

1. your physical or electronic signature;
2. identification of the copyrighted work you claim is infringed;
3. identification of the material you claim is infringing, with enough detail for us to find it, such as a link;
4. your name, address, telephone number and email address;
5. a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law;
6. a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.

What we do

On a notice that meets these requirements, we will remove or disable access to the material and notify the user who provided it. A user who believes the material was removed by mistake or misidentification may send a counter-notice as the law allows, and we may restore the material if the complainant does not start legal action within the period the law sets. We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe.

Feedback

If you send us ideas, suggestions or ratings about the Service, we may use them without obligation to you. This does not give us any rights in your Inputs or Outputs.

Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or end your access, or remove content, if you breach these Terms, if required by law, or if your use creates risk or legal exposure for us or others. Where reasonable, we will tell you why and give you a chance to fix the problem first. If we end a paid plan without cause, we will refund the unused part of any prepaid fees.

When your account ends, your right to use the Service stops. You can download your films before you delete your account; after deletion, we delete your content as described in our Privacy Policy. Sections that by their nature should survive, including ownership, disclaimers, limitation of liability, indemnity and governing law, survive termination.

Disclaimers

The Service and all Outputs are provided "as is" and "as available". To the fullest extent permitted by law, Imakie disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy. We do not warrant that the Service will be uninterrupted or error-free, that Outputs will be accurate, unique or fit for your purpose, or that any use or publication of an Output will be lawful or accepted by a platform.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

Limitation of liability

To the fullest extent permitted by law, Imakie will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or channel standing, arising from or relating to the Service or these Terms, even if advised of their possibility. Imakie's total liability for all claims arising from or relating to the Service or these Terms will not exceed the greater of (a) the amounts you paid to Imakie in the twelve months before the event giving rise to the claim, and (b) one hundred U.S. dollars (US$100).

These limits do not apply to liability that cannot be limited by law, such as liability for fraud or for death or personal injury caused by negligence.

Indemnity

To the extent permitted by law, you will defend, indemnify and hold harmless Imakie and its officers, employees and agents from any third-party claim, and related losses and costs (including reasonable legal fees), arising from: your Inputs; your use or publication of Outputs; your breach of these Terms; or your violation of any law or third-party right. We will tell you promptly of any such claim and let you control its defence, and you will not settle it without our consent if the settlement imposes an obligation on us. If you use the Service as a consumer, this section applies only where the law allows.

Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules. Any dispute arising from or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Delaware, and you and Imakie consent to their jurisdiction. Either party may bring an eligible claim in a small-claims court, and either party may seek urgent injunctive relief in any competent court to protect its intellectual property.

If you are a consumer living in the European Union, the United Kingdom or another country whose law gives you the right to bring claims in your home courts or under your home country's mandatory consumer protections, nothing in these Terms takes those rights away.

Before starting a claim, please contact us at contact@imakie.ai so we can try to resolve it informally within 30 days.

Changes to these Terms

We may update these Terms from time to time. If a change is material, we will tell you by email or in the Service at least 30 days before it takes effect, unless the change is required by law or addresses a new feature, in which case it may take effect sooner. If you keep using the Service after a change takes effect, you accept the updated Terms. If you do not agree, stop using the Service and cancel your plan before the change takes effect.

General

• Entire agreement. These Terms, the Privacy Policy and any terms shown for a specific feature or plan are the whole agreement between you and us about the Service. For organizations that sign a separate agreement with us, that agreement prevails where it conflicts with these Terms.
• Severability. If any part of these Terms is found unenforceable, the rest stays in effect, and the unenforceable part is enforced to the fullest extent allowed.
• No waiver. Not enforcing a right is not a waiver of it.
• Assignment. You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets, with notice to you.
• Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control, including outages of our cloud, AI or payment providers.
• Notices. We may send you notices by email to your account address or in the Service. Send notices to us at the address below.
• Export and sanctions. You may not use the Service where, or by anyone with whom, U.S. or other applicable sanctions or export laws forbid it.
• Language. These Terms are written in English. A translation is for convenience only; the English version governs.

Contact