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AI Terms

Terms governing AI-powered features and tools

1. Description of AI Products

The AI Products allow users to generate and edit graphic resources using artificial intelligence tools provided by Filmia. Users can upload text, images, video, audio, or other materials ("Input"), which the AI Products process to generate images, videos, audio files, presentations, or any other graphic resources (the "Output").

User access to AI Products is governed by a credit-based system. Each action performed using AI Products will deduct a predefined number of credits from the User's account. The use of AI Products on the Website will be limited to the number of usage credits available to each User, according to the Subscription they have purchased. Filmia will inform the User on the Website about the number of available usage credits, as well as the usage credit cost of each AI Product. The AI Products usage credits available to each User will reset at the beginning of each subscription period.

Within the platform, the user will be able to preview the cost in credits for each requested action. The user will always have visibility of their remaining credits on the platform, which will be displayed either on the homepage (on the right or left) or in the editor by hovering over the credits icon.

2. Use of Third-Party Technology

Our AI Products may incorporate artificial intelligence models developed by third parties. The terms and conditions and/or license agreements of such third-party providers are incorporated into these AI Products Terms by reference, and the User is responsible for complying with them.

Additionally, when content is offered under a special license, such as certain forms of open-source licenses that require the provision of a copy of the license, we will provide a copy directly on our website or upon User request. This ensures transparency and compliance with the licensing terms of the content provided through our AI Products.

3. User Responsibility

The User is responsible for the Input uploaded and the Outputs generated. The User must ensure that their Inputs and Outputs comply with these terms before uploading, using, or sharing them. Additionally, the User must ensure that all usage complies with our Acceptable Use Policy, which sets guidelines to ensure respectful and legal use of our services.

Filmia does not select, screen, control, guarantee, endorse, sponsor, or identify in any way with the Outputs.

The User may use the Output for any legal purpose, provided they comply with these AI Terms and agree that they are solely responsible for such use, and that any use of the Outputs is at their own risk. Filmia does not guarantee the legality, accuracy, completeness, or reliability of the Outputs and accepts no liability arising from the User's use of the Outputs or any omission or error contained in the Outputs. The User is solely responsible for obtaining independent professional advice before using the Outputs or relying on its accuracy.

4. Warranties Regarding User-Provided Input

The User warrants and represents that they possess all necessary rights, licenses, and permissions to upload the Input into the AI Products. In particular, the User warrants that:

  1. They are the creator or rights holder of the Input or have a legally valid license or authorization for its use in the AI Products.
  2. They have obtained all necessary authorizations from any person whose image, voice, identity, or other personal data appears in the Input.
  3. The Input does not infringe intellectual property rights, privacy, image, or other rights of third parties and complies with all applicable laws.

The User assumes full responsibility for any claims arising from the use of the Input and Output and holds Filmia harmless from any liability.

In the case of creating Avatars using the portrait of a living or deceased person, or in the case of voice cloning of a living or deceased person, the User ensures that they can validly and legally use the portrait or voice for the specific purpose of recreating the content through artificial intelligence tools, having obtained explicit written consent.

5. Prohibited Uses

The User agrees not to upload any Input or use any Output to:

  1. Infringe, misappropriate, or violate intellectual property and/or image rights or other rights of third parties.
  2. Generate spam, false, misleading, deceitful, harmful content to any person or group, or violent images.
  3. Use the Outputs to distill, modify, or train another artificial intelligence model, including any process that involves the transfer of patterns, weights, parameters, activations, or intermediate data representations, or the generation of synthetic data to induce another model to function similarly.
  4. Deceive any person into believing that the Output was created by a human.
  5. Generate political content intended for dissemination in electoral campaigns.
  6. Generate content that includes nudity or shocking material, such as obscene gestures or other profane topics.
  7. Defame, slander, or vilify a person, race, gender, culture, sexual orientation, religion, country, region, city, town, or other place, or any other human group.
  8. Generate or disseminate personally identifiable information that could be used to harm an individual.
  9. Exploit the vulnerabilities of a specific group of people based on their age, social, physical, or mental characteristics, to materially distort the behavior of a person belonging to that group in a way that causes or may cause physical or psychological harm to that person or others.
  10. Engage in fully automated decision-making that negatively affects the legal rights of an individual or in any way creates or modifies a binding and enforceable obligation.
  11. Provide medical advice and interpretation of medical results.
  12. Generate or disseminate information for use in the administration of justice, law enforcement, immigration, or asylum processes, such as predicting that an individual will commit fraud/crime (e.g., through text profiling, establishing causal relationships between statements made in documents, indiscriminate and arbitrarily directed use).

In the event that any Inputs or Outputs are apparently illegal or violate the AI Products Terms, the User acknowledges that Filmia may disclose such content to law enforcement or governmental authorities, or in response to a court order. Additionally, non-compliance with the AI Terms will entitle Filmia Company to suspend or terminate the User's account.

The Acceptable Use Policy, which is hereby fully incorporated by reference, applies in its entirety.

6. Ownership of Inputs and Outputs

As between the User and Filmia, the User is and shall remain the sole and exclusive owner of all right, title, and interest in and to any and all the Inputs.

Between Filmia and the Users who have purchased a Subscription on the Website (the "Subscribers"), Filmia hereby assigns to them all rights, title, and interest it may have in such Output. The Subscriber will be the exclusive owner of all rights, title, and interest in the Output, in perpetuity and to the fullest extent permitted by applicable law, provided that their Subscription remains active at the time of generation of the Output and subject to the compliance with these AI Products Terms.

Between Filmia and the Users with a free account on the Website (the "Free User"), Filmia Company grants the Free User with a free account a personal, non-exclusive, non-transferable, and revocable license to use the Outputs exclusively for personal and non-commercial purposes.

Filmia reserves the right to specify the permitted uses of Outputs generated by certain AI features available on the platform. This may include, but is not limited to, personal use, editorial use, or other specified uses. In cases where Filmia notifies a restriction on the use of a particular type of Output, the User must limit their use as indicated by the company.

7. Nature of AI Content and IP Rights

The User acknowledges that the Outputs are produced using artificial intelligence models and that similar outputs may be generated by different users. Filmia Company does not guarantee the exclusivity of the Output nor that it cannot be generated again by other users of the service. The User further agrees that, under the laws of certain jurisdictions, the Output may not be protected by intellectual property rights.

All assets generated by the User remain within their own account and are not shared with other users. The possibility that certain outputs may be similar or identical is simply due to the similarity of prompts used by two or more users and the AI model chosen for creation.

8. License Granted to Filmia Company

By using the Service, the User grants Filmia Company the right to host the Inputs and Outputs on platforms managed by Filmia or its providers and to use them for security purposes and to improve Filmia Company's products and services. Filmia Company will not use Inputs (including specific prompt and images or videos uploaded) or Outputs to train its own AI models.

9. Confidentiality

Inputs and Outputs used or generated through the Filmia's platform will be treated as confidential. Filmia Company commits not to disclose such information to third parties, except when necessary to provide the service, when the User makes an Output public, or when required by law.

10. Service Availability and Quality

Filmia Company makes every effort to ensure continuous and stable access to AI Products. However, the User acknowledges and agrees that:

  1. AI Products may be subject to changes in functionality, algorithms, interfaces, or performance without prior notice.
  2. Filmia does not guarantee the quality, stability, uptime, accuracy, or reliability of AI Products or the Outputs.
  3. Temporary or permanent service interruptions may occur due to maintenance, updates, or external factors.

11. Reporting Undesired Outputs and Contact

The User acknowledges and agrees that, in certain cases, due to the use of specific Inputs, AI Models may produce undesired Outputs.

If such results occur, the User may contact Filmia through at info@filmia.ai to report them. If in doubt about whether an Output may violate the AI Terms, the User should refrain from using it.

12. Special Terms for Music and Sounds

Music Generator is powered by ElevenLabs technology. Use of this tool is subject both to these AI Products Terms and to ElevenLabs terms, which are incorporated herein by reference and form an integral part of this agreement.

Specifically, the User acknowledges and agrees that:

  1. Outputs: may not be shared, distributed, or made available on music streaming platforms (including without limitation Spotify, Apple Music, Amazon Music, Pandora, or similar services), nor commercially exploited on a standalone basis as isolated audio files, sound libraries, samples, or other similar collections.
  2. Inputs: may not include any real or stage names of singers or songwriters (living or deceased), song or album titles, music publishers' names, record labels' names, or substantial portions of existing lyrics.
  3. Improper impersonation: Outputs may not replicate or mimic artists voices or styles in a misleading manner or in a way that creates a false impression of association or endorsement.
  4. Restricted sectors: the music tool may not be accessed or used if the User operates in restricted sectors, including firearms or weapons, tobacco, prescription pharmaceuticals or controlled substances, adult entertainment, religious organizations, or political campaigns/advocacy.

The User acknowledges that the ElevenLabs Music Terms in their entirety are incorporated herein by reference and form part of these AI Products Terms. In particular but without limitation the following key provisions apply:

In the event of any conflict between these AI Products Terms and ElevenLabs terms regarding the music tool, ElevenLabs terms shall prevail.