Terms of Service

1. Account Creation and Security

• Eligibility: You must be at least 18 years old (or the legal age of majority in your jurisdiction) to create an account or subscribe. If you are under 18, you may not use the Service.
• Corporate Use: If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
• Credentials: You are responsible for keeping your login credentials confidential and for all activities that occur under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

2. Intellectual Property Rights

A. User Content & Inputs

You retain full ownership, copyright, and control over all text, scripts, documents, audio recordings, images, logos, and branding assets you upload to the Service ("Inputs"). You grant GAINS AI LABS PRIVATE LIMITED a worldwide, royalty-free, non-exclusive license to host, copy, transmit, and process your Inputs solely to provide, support, and maintain the Service for you.

B. Generated Outputs

Subject to your compliance with these Terms and payment of all applicable fees, GAINS AI LABS PRIVATE LIMITED hereby assigns to you all right, title, and interest in and to the videos, storyboards, and audio generated by the Service from your Inputs ("Outputs").

• You are solely responsible for ensuring that the Inputs and the resulting Outputs do not violate third-party intellectual property, privacy, or publicity rights.
• We do not guarantee that the Outputs will be protectable by copyright in your jurisdiction, as legal standards for AI-generated works vary.

C. GaiN Platform

GAINS AI LABS PRIVATE LIMITED retains all rights, title, and interest in the Service, including the web application, rendering engines, proprietary AI integrations, templates, branding, design system, and code. You may not copy, reverse-engineer, modify, or resell any part of our platform.

3. Acceptable Use and Ethical AI Policy

To maintain the integrity of our platform, you agree not to use the Service to generate:

1. Non-Consensual Avatars / Likenesses: Replicating the voice, face, or likeness of any real person without their explicit, written consent.
2. Deceptive Synthetic Media (Deepfakes): Creating misleading, false, or malicious video/audio content intended to deceive, defame, harass, or spread misinformation.
3. Illegal Content: Materials that promote violence, hate speech, pornography, child exploitation, or illegal acts.
4. Infringing Material: Content that violates copyright, trademark, or patent protections of third parties.

Enforcement: We use automated tools and moderation checks. We reserve the right to review inputs and outputs, block generation, and suspend or terminate accounts that violate this Ethical AI Policy.

4. Billing, Subscriptions, and Credits

• Subscription Plans: Subscription fees are billed in advance on a recurring monthly or annual basis.
• No Refund Policy: All subscription purchases, renewals, and credit top-ups are strictly non-refundable. No refunds or credits will be issued for partially used subscription periods, unused video generation credits, or immediate cancellations.
• Credits: Subscriptions include a set allocation of video generation credits per billing cycle. Unused credits do not roll over to the next billing period unless explicitly specified in your plan.
• Cancellations: You can cancel your subscription at any time. Cancellation takes effect at the end of your current billing cycle, and you will not be billed further.
• Taxes: Prices are exclusive of applicable taxes (including GST in India), which will be calculated and added at checkout.

5. Intellectual Property & Take-Down Requests

We respect intellectual property rights. If you believe that content generated by our Service or hosted on our platform infringes your copyright, you may submit a take-down request to [email protected] containing:

• Identification of the copyrighted work claimed to be infringed.
• The exact URL or link to the infringing material.
• Your contact information (name, email, address).
• A statement of good faith belief and authorization.

6. Limitation of Liability & Warranties

• Disclaimer: The Service and all Outputs are provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We do not warrant that the Service will be uninterrupted, error-free, or that the Outputs will meet your expectations.
• Liability Cap: To the maximum extent permitted by law, GAINS AI LABS PRIVATE LIMITED's total liability for any claims arising out of or related to these Terms or the Service shall not exceed the total fees paid by you to us in the three (3) months preceding the event giving rise to the claim.

7. Indemnification

You agree to indemnify, defend, and hold harmless GAINS AI LABS PRIVATE LIMITED and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising out of or in connection with:

• Your violation of these Terms or the Ethical AI Policy.
• Any claims that your Inputs or Outputs infringe third-party intellectual property or privacy rights.

8. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India. Any legal action, dispute, or proceeding arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Kolkata, West Bengal, India.

9. Contact Us

For questions about these Terms, contact:
GAINS AI LABS PRIVATE LIMITED
Email: [email protected]