These Terms of Service (the “Terms”) form a binding legal agreement between you (“you”, “your”, or “User”) and myvids.ai (“myvids”, “we”, “us”, or “our”), a company operated by [INSERT LEGAL ENTITY NAME] organized under the laws of [INSERT PROVINCE], Canada. By accessing, registering for, or using the myvids website, application, API, or any related services (collectively, the “Service”), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

PLEASE READ CAREFULLY. These Terms contain important provisions that limit our liability, disclaim warranties, require you to indemnify us, govern dispute resolution, and may waive your right to participate in a class action where permitted by law.

1. The Service

myvids provides software that uses artificial intelligence and automated tools to generate, edit, and produce videos from user-provided inputs such as text prompts, images, audio, scripts, or uploaded footage (the “Service”). The Service may include features, integrations, templates, and tools that we add, remove, or modify at any time without notice.

We do not guarantee that the Service, or any particular feature, will be available, uninterrupted, error-free, or compatible with any specific device, browser, or third-party platform. We may impose usage limits, queue jobs, or throttle requests at our discretion.

2. Eligibility and Accounts

You must be at least 18 years of age, or the age of majority in your province, state, or country of residence (whichever is greater), to use the Service. By using the Service, you represent and warrant that you meet this requirement and have the legal capacity to enter into a binding contract.

You agree to provide accurate, current, and complete information when registering and to keep it updated. You are responsible for safeguarding your credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use. We are not liable for any loss resulting from your failure to protect your account.

You may not (a) create an account using false information or on behalf of another person without authorization; (b) share, sell, or transfer your account; or (c) maintain more than one account without our written permission.

3. Subscriptions, Fees, and Billing

3.1 Subscription Plans

The Service is offered on a subscription basis. By subscribing, you authorize us (and our payment processors) to charge the applicable fees, taxes, and other charges to your designated payment method on a recurring basis (monthly, annual, or as otherwise specified at checkout) until you cancel.

3.2 Automatic Renewal

Subscriptions automatically renew at the end of each billing cycle at the then-current rate unless cancelled before the renewal date. You may cancel at any time through your account settings; cancellation takes effect at the end of the current billing period.

3.3 Price Changes

We may change subscription fees, plan features, or usage limits at any time. We will provide reasonable advance notice of material price increases (typically by email or in-app notice). Changes take effect at the start of your next billing cycle. Continued use after the effective date constitutes acceptance.

3.4 Taxes

All fees are exclusive of applicable taxes (including GST/HST/QST/PST in Canada, VAT, sales tax, or similar). You are responsible for any taxes assessed on your purchase, except taxes based on our net income.

3.5 Refunds and Chargebacks

All purchases are final and non-refundable except where required by applicable law. We do not offer pro-rated refunds for partial billing periods, unused credits, or features you choose not to use. If you initiate a chargeback or payment dispute that we determine is not legitimate, we may suspend or terminate your account and recover the disputed amount and any associated fees.

3.6 Failed Payments

If a payment fails, we may suspend your access until payment is received. We may retry the charge and may use updated card information provided by payment networks. You remain responsible for all outstanding amounts.

4. Your Content

4.1 Definition

“User Content” means anything you upload, submit, input, prompt, or otherwise provide to the Service, including text, images, audio, video, scripts, prompts, and metadata.

4.2 Ownership and License You Grant

You retain ownership of your User Content. By submitting User Content, you grant myvids a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, create derivative works of, transmit, and process the User Content solely for the purposes of (a) operating, providing, and improving the Service; (b) preventing or addressing technical, security, or legal issues; and (c) complying with law. This license terminates when you delete the User Content, except to the extent we have already shared it with third parties as part of generating an output for you, or as required to comply with law or for backup retention.

4.3 Your Representations

You represent and warrant that, for all User Content you submit: (a) you own it or have all necessary rights, licenses, consents, and permissions to submit it and to grant the licenses above; (b) it does not and will not infringe, misappropriate, or violate any third party’s intellectual property, privacy, publicity, contractual, or other rights; (c) it complies with all applicable laws and these Terms; and (d) any individuals depicted, identifiable, or whose voice or likeness is included have given any consents required by law.

4.4 No Obligation to Store

We may, but are not obligated to, store your User Content or generated outputs. We may delete content after a period of inactivity, on account termination, or as otherwise stated in our retention policies. You are responsible for maintaining your own backups.

5. Generated Output

“Output” means videos, images, audio, and other material generated by the Service from your inputs.

Subject to your continued compliance with these Terms and payment of applicable fees, you own the Output you generate to the maximum extent permitted by law and may use it for personal or commercial purposes. Important caveats:

• AI-generated content may not be eligible for copyright protection in some jurisdictions. We make no representation that you can register copyright in any Output.

• Output may be similar to, or coincidentally resemble, content generated for other users. We do not guarantee uniqueness.

• You are solely responsible for verifying that your use of Output does not infringe third-party rights or violate any law.

• Where Output incorporates third-party assets, stock content, music, fonts, or models, your rights are subject to the licenses of those underlying assets.

• We may use de-identified, aggregated, or anonymized data derived from inputs and Outputs to improve the Service, train models, conduct research, and for analytics, unless prohibited by applicable law or unless you are on a plan that expressly opts out.

6. Acceptable Use

You agree not to use the Service, and not to allow anyone else to use the Service, to:

• Violate any law, regulation, or third-party right, including intellectual property, privacy, publicity, defamation, or contract rights;

• Generate, upload, or distribute content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, or otherwise objectionable;

• Create or distribute child sexual abuse material (CSAM), or any sexualized content depicting minors, real or simulated;

• Generate sexual or intimate content depicting any real person without their explicit, verifiable consent;

• Create non-consensual deepfakes, impersonations, or synthetic media of real individuals for harassment, fraud, defamation, election interference, or to mislead viewers about identity, statements, or actions;

• Generate content intended to deceive, defraud, manipulate, or unlawfully influence (including disinformation, voter suppression, scams, phishing, or fake endorsements);

• Infringe, misappropriate, or violate the intellectual property, trademarks, trade dress, publicity, or privacy rights of any person;

• Promote, glorify, or incite violence, terrorism, self-harm, or illegal activity;

• Generate content that targets, harasses, or discriminates against any individual or group based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or other protected characteristic;

• Reverse engineer, decompile, disassemble, scrape, or attempt to extract source code, models, weights, training data, or trade secrets from the Service;

• Use bots, scripts, or automated tools to access the Service except through documented APIs and within their rate limits;

• Circumvent, disable, or interfere with security features, usage limits, content filters, or watermarking;

• Resell, sublicense, white-label, or use the Service to build, train, or improve a competing product, model, or service;

• Upload viruses, malware, or any code designed to disrupt, damage, or gain unauthorized access to any system;

• Use the Service in any manner that could overload, impair, or disrupt our infrastructure or networks.

We may, in our sole discretion, refuse, remove, filter, watermark, or limit any content for any reason, and we may report violations to law enforcement. You are solely responsible for your use of the Service and any content you create or distribute using it.

7. Our Intellectual Property

The Service, including all software, models, algorithms, designs, user interfaces, logos, trademarks, documentation, and content provided by myvids (excluding User Content and Output), is owned by myvids or its licensors and is protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service in accordance with these Terms. No other rights are granted by implication, estoppel, or otherwise.

Feedback you provide about the Service is not confidential, and you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation to you.

8. Copyright Complaints

We comply with the notice-and-notice regime under Canada’s Copyright Act and, where applicable, the U.S. Digital Millennium Copyright Act. If you believe that content on the Service infringes your copyright, send a written notice to our designated agent at the email address listed in Section 18, including: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location; (c) your contact information; (d) a statement of good-faith belief that the use is not authorized; (e) a statement, under penalty of perjury, that the information is accurate and you are authorized to act; and (f) your physical or electronic signature. We may terminate accounts of repeat infringers.

9. Third-Party Services

The Service may integrate with, link to, or depend on third-party services, models, APIs, or content (“Third-Party Services”). We are not responsible for Third-Party Services. Your use of them is subject to their terms and privacy policies. We make no representations regarding their availability, accuracy, or reliability, and we may modify or remove integrations at any time.

10. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated by reference. By using the Service, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy. We comply with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and, where applicable, provincial equivalents.

11. Disclaimers

THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYVIDS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY.

Without limiting the foregoing, we do not warrant that: (a) the Service will meet your requirements or be uninterrupted, timely, secure, or error-free; (b) Output will be accurate, original, non-infringing, suitable for any particular purpose, or free of objectionable material; (c) defects will be corrected; or (d) the Service is free of viruses or other harmful components.

AI-generated Output can contain errors, hallucinations, biases, and inaccuracies. You should review and verify all Output before relying on it or making it public. You assume all risks associated with using the Output, including any commercial or reputational consequences.

Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, the above exclusions apply only to the extent permitted by law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MYVIDS OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR BUSINESS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO MYVIDS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

These limitations form an essential basis of the bargain between you and myvids. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages; in those jurisdictions, our liability is limited to the greatest extent permitted by law.

13. Indemnification

You will defend, indemnify, and hold harmless myvids and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your User Content; (b) your use of the Service or any Output; (c) your violation of these Terms; (d) your violation of any law or third-party right (including intellectual property, privacy, or publicity rights); or (e) any dispute between you and a third party relating to your use of the Service. We may, at our option, assume exclusive control of the defense of any claim subject to indemnification, in which case you agree to cooperate with our defense.

14. Suspension and Termination

We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms, created risk or legal exposure for us, or engaged in fraudulent or unlawful activity. We are not liable for any consequences of suspension or termination.

You may terminate your account at any time by following the cancellation steps in your account settings. Termination does not entitle you to a refund of fees already paid except where required by law.

Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including Sections 4.3, 5, 7, 11, 12, 13, 15, 16, 17, and 18) will survive.

15. Modifications to These Terms

We may modify these Terms at any time. If we make material changes, we will provide notice (for example, by email or by posting a notice in the Service) and update the “Last Updated” date above. Changes take effect on the date stated in the notice or, if none, on posting. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service.

16. Governing Law and Disputes

These Terms are governed by the laws of the Province of [INSERT PROVINCE] and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the following paragraph, any dispute arising out of or relating to these Terms or the Service shall be submitted to the exclusive jurisdiction of the courts located in [INSERT CITY], [INSERT PROVINCE], and you consent to personal jurisdiction and venue in those courts.

Optional arbitration / class action waiver — review with counsel before enabling: Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be finally resolved by binding arbitration administered by the ADR Institute of Canada under its Arbitration Rules, before a single arbitrator, in [INSERT CITY], in the English language. Each party waives any right to participate in a class, collective, or representative action, to the extent permitted by applicable law. (Note: arbitration and class-waiver provisions are restricted or unenforceable in some Canadian jurisdictions — notably Quebec under the Consumer Protection Act — and may not apply to consumers there.)

Nothing in these Terms prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

17. Language

The parties confirm that they have requested that these Terms and all related documents be drafted in English. Les parties confirment avoir convenu que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en langue anglaise.

18. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy and any order forms or plan-specific terms, constitute the entire agreement between you and myvids regarding the Service and supersede any prior agreements.

Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

Force Majeure. We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, civil unrest, pandemics, internet outages, infrastructure failures, or governmental action.

No Agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

Notices. We may send notices to you by email, in-app message, or posting in the Service. You may send notices to us at the contact address below. Notices are deemed received on the day sent (electronic) or three (3) business days after mailing (postal).