Terms of Service

1. Acceptance of Terms

By accessing and using PromptVid ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

2. Description of Service

PromptVid is a SaaS platform that provides AI-powered video analysis tools for educational and analytical purposes. Our Service analyzes publicly accessible videos and creates two types of descriptive prompts:

• Analysis Prompt: Technical descriptions of video composition, style, and techniques for educational understanding
• Variation Prompt: Creative suggestions for developing unique content inspired by analyzed styles and techniques

Important Clarifications:

• The Service is designed for learning and understanding video techniques
• We analyze technical and stylistic elements (composition, lighting, pacing, etc.)
• We do NOT copy, reproduce, or distribute video content
• We do NOT store or host video files
• Generated prompts are educational descriptions, not reproduction instructions
• The Service uses AI technology from third-party providers for video analysis

3. Eligibility

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you meet this age requirement.

4. Account Registration and Security

4.1 Account Creation

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account

4.2 Account Security

• Notify us immediately of any unauthorized use of your account
• We reserve the right to suspend or terminate accounts that violate these Terms

5. Subscription Plans and Billing

5.1 Subscription Tiers

5.2 Payment Processing

• All payments are processed securely through Paddle.com Market Limited ("Paddle"), our Merchant of Record
• By subscribing, you agree to Paddle's Terms of Use
• Paddle handles all payment processing, tax calculation, and invoicing

5.3 Billing Terms

• Subscriptions are billed monthly in advance
• All fees are in USD unless otherwise specified
• Prices are subject to change with 30 days notice
• No refunds for partial months or unused analyses

5.4 Automatic Renewal

• Subscriptions automatically renew unless cancelled before the renewal date
• You can cancel anytime through your account settings or by contacting Paddle support

5.5 Free Trial / Free Tier

• Free tier includes 10 analyses per month with no credit card required
• Free tier users may be subject to additional limitations
• We reserve the right to modify or discontinue the free tier at any time

6. Acceptable Use Policy

6.1 You agree NOT to use the Service to:

• Violate any laws, regulations, or third-party rights
• Infringe upon copyrights, trademarks, or intellectual property rights of others
• Create unauthorized copies or derivative works of protected content without proper rights
• Analyze content for the purpose of creating infringing copies
• Analyze content containing illegal material, including:
  • Child sexual abuse material (CSAM)
  • Content depicting violence or harm to persons
  • Hate speech or content promoting discrimination
  • Adult/sexually explicit content involving minors
• Generate prompts for creating deepfakes or face swaps without explicit written consent of all depicted persons
• Scrape, data mine, or systematically extract data from the Service
• Reverse engineer, decompile, or attempt to extract source code
• Share your account credentials with others
• Resell or redistribute the Service without authorization
• Use automated systems to abuse the Service or exceed rate limits
• Upload malicious code, viruses, or harmful content
• Analyze private, password-protected, or non-public content without authorization
• Systematically analyze content from a single creator without their permission
• Use the Service in violation of TikTok's Terms of Service

6.2 Content Analysis Restrictions

The Service may NOT be used to analyze or generate prompts for:

• Content that infringes third-party copyrights or trademarks
• Content where you do not have the legal right to analyze
• Content for the purpose of creating unauthorized reproductions or derivatives
• Unauthorized streaming or downloading services content
• Content generation using a person's likeness without explicit consent
• Deep fakes or face swaps without proper authorization from all depicted persons
• Adult or age-restricted content
• Gambling or betting-related content
• Fraudulent, deceptive, or predatory content
• Content that violates platform Terms of Service

6.3 Educational and Analytical Use Requirements

You acknowledge and agree that:

• This Service is for educational and analytical purposes only
• Analyzing a video does NOT grant you rights to the underlying content
• You are solely responsible for ensuring your use of generated prompts respects intellectual property rights
• Creating derivative works based on protected content may require permission from rights holders
• You must comply with all applicable copyright laws and platform Terms of Service
• The Service is designed to help you learn techniques and styles, not to copy specific creative expression

6.4 Source Video Requirements

• You must only analyze publicly accessible TikTok videos
• You must have a legitimate educational or analytical purpose
• Private, unlisted, or password-protected content requires proper authorization
• You represent that your use complies with the content creator's rights and platform ToS

7. Intellectual Property Rights

7.1 Your Content and Responsibilities

• You retain all rights to videos you analyze through the Service
• You are solely responsible for ensuring you have the right to analyze submitted content
• You grant us a limited, non-exclusive license to process submitted URLs solely for providing the Service
• Generated prompts are descriptive analyses that you may use in accordance with applicable law
• CRITICAL: Using generated prompts to create derivative works of protected content may require permission from rights holders

7.2 No Transfer of Rights

• Analyzing a video through our Service does NOT transfer any rights to the underlying content
• You do NOT acquire copyright, trademark, or any other rights to analyzed videos
• Original content creators retain all rights to their work
• Generated prompts describe style and technique, not creative expression

7.3 Our Service Intellectual Property

• All Service features, designs, and functionality are owned by PromptVid
• Our trademarks, logos, and service marks are protected intellectual property
• You may not use our intellectual property without written permission
• The AI analysis technology and algorithms are our proprietary property

7.4 Respect for Third-Party Rights

• We respect the intellectual property rights of others
• Users must respect copyright, trademark, and other intellectual property rights
• We do not claim ownership of analyzed videos or original content
• Generated prompts are factual descriptions and analytical observations

7.5 Educational Use Disclaimer

• Generated prompts describe technical elements: composition, lighting, pacing, camera angles, color grading, editing techniques
• These technical elements are not protected by copyright when described factually
• Creative expression, narrative, specific dialogue, characters, and storylines remain protected
• Users must distinguish between learning techniques (permitted) and copying expression (may require permission)

8. AI-Generated Content Disclaimer

8.1 Nature of Generated Prompts

• Prompts are AI-generated analytical descriptions, not creative works
• Prompts describe technical and stylistic elements observed in analyzed videos
• Prompts are educational tools for understanding video techniques
• We do not guarantee prompts will produce specific results in third-party AI tools

8.2 Accuracy and Reliability

• Prompts are generated using AI and may contain inaccuracies or subjective interpretations
• We do not guarantee the accuracy, completeness, or quality of generated prompts
• Generated prompts are suggestions and educational observations only
• Users should review and adapt prompts before use
• AI analysis may misinterpret video content or context

8.3 Third-Party AI Platforms

• Generated prompts are designed for use with platforms like Sora, Veo, Runway, Pika, etc.
• We are not affiliated with, endorsed by, or responsible for these platforms
• Success of prompts depends on third-party platform capabilities and your creative input
• We are not responsible for content created using our prompts on third-party platforms
• Users must comply with all third-party platform Terms of Service

8.4 Copyright and Legal Responsibility

• IMPORTANT: You are solely responsible for ensuring your use of generated prompts complies with copyright law
• Creating content based on prompts may result in derivative works that require permission
• We do not provide legal advice regarding copyright, fair use, or intellectual property
• Consult a qualified attorney if you have questions about your specific use case
• The Service is not designed or intended to facilitate copyright infringement

9. Data Collection and Privacy

Please refer to our separate Privacy Policy for detailed information about data collection, use, and protection.

10. Service Availability and Modifications

10.1 Service Availability

• We strive for 99%+ uptime but do not guarantee uninterrupted access
• Scheduled maintenance will be announced in advance when possible
• We are not liable for service interruptions or downtime

10.2 Service Modifications

• We may modify, suspend, or discontinue features at any time
• We may change service providers or infrastructure without notice
• We will provide reasonable notice for significant changes that affect user experience
• Continued use after changes constitutes acceptance

10.3 Technology Updates

• We reserve the right to update our technology stack and AI models
• Updates may improve accuracy, speed, or capabilities
• No guarantee that specific technical implementations will remain unchanged

11. Limitation of Liability

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR CONTENT GENERATED USING OUR PROMPTS OR THIRD-PARTY PLATFORM RESULTS

12. Indemnification

You agree to indemnify, defend, and hold harmless PromptVid, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees and costs) arising from:

• Your use or misuse of the Service
• Your violation of these Terms of Service
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights
• Content you submit, analyze, or create using the Service
• Your creation of content that infringes third-party copyrights or other rights
• Your use of generated prompts in violation of applicable law
• Any false or misleading information you provide to us
• Your violation of TikTok's Terms of Service in connection with using our Service

Your indemnification obligations survive termination of your account and these Terms.

13. Copyright and DMCA Compliance

13.1 Copyright Respect Policy

• We respect intellectual property rights and expect users to do the same
• We do not tolerate copyright infringement on our Service
• We will respond promptly to valid DMCA notices
• Repeat infringers will have their accounts terminated

13.2 DMCA Designated Agent

If you believe that content on our Service infringes your copyright, please send a DMCA notice to our designated agent:

13.3 DMCA Takedown Requirements

Your notice must include:

1. Physical or electronic signature of copyright owner or authorized agent
2. Identification of the copyrighted work claimed to be infringed
3. Identification of the infringing material and its location on our Service (URL, screenshot, or description)
4. Your contact information (address, phone, email)
5. Statement of good faith belief that use is not authorized
6. Statement under penalty of perjury that information is accurate and you are authorized to act
7. Date of notice

13.4 Response Timeline

• We will respond to valid DMCA notices within 24-48 hours
• Infringing content will be removed or access disabled promptly
• Users will be notified of takedown actions
• Counter-notifications will be processed according to DMCA procedures

14. Termination

14.1 By You

• You may cancel your subscription anytime through account settings
• Cancellation is effective at the end of current billing period
• No refunds for early cancellation

14.2 By Us

• We may suspend or terminate accounts for Terms violations
• We may terminate service with 30 days notice for any reason
• Termination does not waive payment obligations

14.3 Effect of Termination

• Your access to the Service will be revoked
• We may delete your account data per our data retention policy
• Generated prompts remain your property

15. General Provisions

15.1 Entire Agreement

These Terms constitute the entire agreement between you and PromptVid

15.2 Severability

If any provision is found unenforceable, remaining provisions remain in effect

15.3 No Waiver

Failure to enforce any right does not waive that right

15.4 Assignment

• You may not assign these Terms without our written consent
• We may assign these Terms to any successor or affiliate

15.5 Contact

For questions about these Terms, contact us at inbox@PromptVid.site