Terms and Conditions

1. Use of Services

MotionVid provides a platform for creating AI-generated motion videos and graphics ("Services"). You may use the Services for personal or commercial purposes, subject to these Terms.

• You must be at least 18 years old to create an account. If you are between 13 and 18, you may only use the Services with parental or guardian consent.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
• You must provide accurate, current, and complete information during registration and keep it updated.
• You may not share, transfer, or sell access to your account.

2. Subscription Plans, Credits, and Payments

2.1 Plans and Pricing

MotionVid offers subscription plans (monthly and annual) and lifetime access options, each with specific credit allocations and feature access. Plan details and pricing are displayed on our website and may change over time.

2.2 Credits

• Each plan includes a monthly credit allocation for video generation and other platform features.
• Unused credits do not roll over to the next billing cycle unless explicitly stated in your plan.
• Credits have no cash value and are non-transferable.
• Additional credits may be purchased separately where available.

2.3 Promotional Credits

We may, at our discretion, offer promotional, loyalty, or bonus credits ("Promotional Credits"). Promotional Credits may expire as specified at the time of issuance, have no cash value, and are non-transferable and non-redeemable for cash except as required by law.

2.4 Billing and Renewal

• Subscription plans renew automatically at the end of each billing cycle unless you cancel before the renewal date.
• You authorize us to charge your chosen payment method for recurring fees.
• You must provide accurate billing information and keep it updated.

2.5 Pricing Changes

We may change pricing with at least 30 days' notice. Price changes apply at your next billing cycle. If you do not agree with the new pricing, you may cancel before the change takes effect.

2.6 Lifetime Deals

Lifetime access purchases (including via third-party platforms such as AppSumo) grant access to the Services for the operational lifetime of MotionVid AI, subject to:

• Fair usage limits as specified in the plan terms at time of purchase.
• Lifetime means the lifetime of the product, not the purchaser.
• We reserve the right to set reasonable usage caps to prevent abuse.
• Features included are those available at time of purchase. New premium features may require a separate plan.

2.7 Upgrades and Downgrades

Upgrading your plan mid-cycle takes effect immediately, and any incremental fees will be charged accordingly. Downgrades take effect at the start of your next billing cycle and may result in loss of access to certain features or content, for which we are not liable.

2.8 Taxes

All fees are exclusive of applicable taxes (including VAT, sales tax, and similar levies). If we are legally required to collect tax, it will be added to your fees. You are responsible for any taxes applicable in your jurisdiction.

2.9 Refunds

• Monthly/annual subscriptions: No refunds for partial billing periods unless required by applicable law.
• Lifetime deals purchased through third-party platforms (e.g., AppSumo) are subject to that platform's refund policy during their respective guarantee period.
• If you believe you are entitled to a refund, contact nick@motionvid.ai.
• EU consumers have a 14-day withdrawal right for online purchases, as required under the Consumer Rights Directive (2011/83/EU), unless you have expressly consented to begin using the service and acknowledged the loss of that right.

3. User Content

3.1 Ownership

You retain all ownership rights to content you create or upload to the platform ("User Content").

3.2 License to Us

By uploading or creating content on MotionVid, you grant us a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce, and process your content solely for the purpose of operating and improving the Services. This license terminates when you delete your content or your account, except for content shared in public galleries or community features.

3.3 Your Responsibilities

• You are solely responsible for ensuring your User Content does not infringe on any third-party intellectual property, privacy, or other rights.
• You represent that you have all necessary rights and permissions for any content you upload.
• We may remove content that violates these Terms without prior notice.

4. AI-Generated Content

4.1 Ownership of Output

You own the videos and other outputs generated by the Services based on your inputs ("Generated Content"), subject to applicable law.

4.2 Your Responsibility

You are solely responsible for how you use Generated Content, including ensuring compliance with applicable laws and third-party rights. MotionVid does not review Generated Content before delivery.

4.3 No Guarantees

We make no guarantees regarding the accuracy, quality, appropriateness, or fitness for any particular purpose of Generated Content. AI outputs may contain errors, artifacts, or unexpected results.

4.4 Service Improvement and AI Training

By using the Services, you grant us a non-exclusive, royalty-free, worldwide license to use your inputs (such as text prompts and reference images) and Generated Content to train, develop, enhance, and improve our AI models, algorithms, and related technology. This usage will be conducted on an aggregated and anonymized basis where feasible. We will not use your specific content or outputs for marketing or promotional purposes without your consent.

If you do not wish your inputs to be used for AI training purposes, you may opt out by contacting nick@motionvid.ai. Opting out may limit access to certain features that rely on model improvement.

4.5 Feedback

Any ideas, suggestions, feature requests, or other feedback you submit to us ("Feedback") is provided at your own risk. We may use Feedback without restriction, attribution, or compensation to you. Submitting Feedback does not create any confidentiality obligation on our part.

5. Prohibited Uses

You agree not to use the Services to:

• Generate, upload, or distribute child sexual abuse material (CSAM) or any content depicting minors in sexual or exploitative contexts. Any such activity will result in immediate account termination and reporting to relevant authorities (including NCMEC and local law enforcement).
• Create deepfake content of real individuals without their explicit, documented consent. This includes but is not limited to non-consensual intimate imagery, political disinformation, and impersonation for fraud.
• Generate content that promotes terrorism, extreme violence, or incites hatred against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or nationality.
• Create content intended to harass, bully, defame, or threaten any person.
• Generate content that infringes on copyrighted material, trademarks, or other intellectual property rights.
• Impersonate any person, entity, or organization, or misrepresent your affiliation.
• Circumvent usage limitations, credit systems, or subscription features through technical means.
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of any part of the Services.
• Use the Services to develop competing products or for benchmarking purposes without written consent.
• Use automated tools (bots, scrapers, etc.) to access the Services beyond any provided API.
• Violate any applicable local, national, or international law or regulation.

We reserve the right to investigate and take action (including account termination) against anyone who violates these prohibitions.

6. Content Monitoring and Reporting

6.1 Monitoring

We may, but are not obligated to, monitor, review, or filter content on the Services, including User Content and Generated Content. You acknowledge that you have no expectation of privacy regarding content processed through the Services.

6.2 Moderation

We reserve the right to:

• Remove or refuse to process any content for any reason at our sole discretion.
• Take any action we deem necessary if content violates these Terms, infringes any rights, or threatens the safety of users or the public.
• Disclose your identity or information to any third party who claims that your content violates their rights.
• Cooperate with law enforcement and legal authorities, including reporting suspected criminal activity and disclosing relevant user information as permitted by law.

6.3 Reporting

If you encounter content on the Services that you believe violates these Terms or applicable law, please report it to nick@motionvid.ai. All reports are reviewed and investigated.

7. Intellectual Property

All platform design, logos, trademarks, software, AI models, and underlying technology are the property of Digisell Ltd or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or create derivative works based on any part of our platform or technology without our express written permission.

8. Intellectual Property Infringement Claims

We respect the intellectual property rights of others. If you believe that content on the Services infringes your copyright, trademark, or other intellectual property rights, please send a written notice to our designated agent with the following information:

• A description of the copyrighted work or intellectual property you claim has been infringed.
• A description of where the allegedly infringing material is located on the Services.
• Your contact information (name, address, telephone number, and email address).
• A statement that you have a good-faith belief that the disputed use is not authorized by the rights owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the rights owner or authorized to act on their behalf.
• An electronic or physical signature of the person authorized to act on behalf of the rights owner.

We may terminate the accounts of users who are found to be repeat infringers.

9. Third-Party Services

The Services may rely on third-party AI providers, cloud infrastructure, and other external services. We are not responsible for the availability, accuracy, or performance of these third-party services. Temporary service disruptions caused by third-party providers do not constitute a breach of these Terms.

10. Termination

10.1 By You

You may cancel your subscription or delete your account at any time through your account settings or by contacting nick@motionvid.ai.

10.2 By Us

We may suspend or terminate your account immediately if you violate these Terms, engage in prohibited uses, or if required by law. We may also terminate accounts that have been inactive for more than 12 months.

10.3 Effect of Termination

Upon termination:

• Your access to the Services ends immediately.
• Your content may be deleted after a 30-day grace period, unless retention is required by law.
• No refund will be issued for remaining subscription time, except as required by law.
• Sections that by their nature should survive termination will remain in effect, including ownership, licenses granted to us, warranty disclaimers, indemnification, and limitation of liability.

10.4 No Re-registration After Ban

If your account is terminated by us for violation of these Terms, you may not attempt to re-register or access the Services using a different account, email address, or identity.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11.1 AI Output Disclaimer

We make no representation or warranty as to the originality, legality, accuracy, or fitness of any Generated Content. You acknowledge that: (a) Generated Content may contain errors, artifacts, offensive material, or content similar to third-party works; (b) you are solely responsible for your use, distribution, or reliance on Generated Content, including compliance with applicable laws; and (c) we expressly disclaim any liability arising from Generated Content.

11.2 Beta Features

From time to time, we may offer new "beta" or experimental features and tools. These are provided solely for testing purposes, without any warranty of any kind, and may be modified or discontinued at our sole discretion without notice. The disclaimers in this section apply with full force to beta features.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGISELL LTD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

13. Indemnification

You agree to indemnify, defend, and hold harmless Digisell Ltd and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Services
• Your User Content or Generated Content
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable law

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to conflict of law principles.

Any dispute arising from or relating to these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to the exclusive jurisdiction of the courts of Nicosia, Cyprus.

For EU consumers: Nothing in this section limits your rights under mandatory consumer protection laws of your country of residence, including your right to bring proceedings in your local courts.

15. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, cyber attacks, government actions, power failures, internet disruptions, unavailability of third-party AI models or APIs, or third-party service outages.

16. General Provisions

16.1 Severability

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

16.2 Electronic Communications

By using the Services, you consent to receiving communications from us electronically (via email, in-app notifications, or posted notices). You agree that all communications we provide electronically satisfy any legal requirement that such communications be in writing.

16.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Digisell Ltd regarding the Services.

16.4 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

16.5 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

16.6 Export Compliance

You agree to comply with all applicable export control and sanctions laws and regulations. You may not use the Services if you are located in a sanctioned country or are on any government restricted party list.

16.7 No Class Actions

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. This provision does not apply where prohibited by mandatory law in your jurisdiction.

17. Changes to Terms

We may update these Terms from time to time. The updated version will be posted on this page with a revised "Last Updated" date. For material changes, we will notify you via email or in-app notification at least 30 days before changes take effect. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

18. Contact Us

For questions about these Terms, contact us at:

Email: nick@motionvid.ai
Company: Digisell Ltd
Address: Kosta Aristidou, Agios Athanasios, Limassol, Cyprus
Data Protection Inquiries: nick@motionvid.ai