Terms of Use

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license, as provided under these Terms, to access and use the Services solely for your personal use or lawful internal business purposes.

This license does not grant you any ownership rights in the Services, related technology, AI models, or Company Materials. Except as expressly permitted under these Terms, you may not copy, modify, distribute, sell, lease, reverse engineer, decompile, attempt to extract any source code, models, or algorithms, or use the Services to develop a competing product or service or for any unlawful or unauthorized purpose.

All rights not expressly granted to you under these Terms are reserved by the Company.

The Company may modify, update, enhance, limit, suspend, or discontinue any part of the Services at any time, including features, functionality, tools, supported AI models, or other components of the Services.

The Services may be unavailable, delayed, or interrupted from time to time due to scheduled or emergency maintenance, updates, technical issues, infrastructure failures, or events beyond the Company's reasonable control. While the Company uses commercially reasonable efforts to maintain the availability and reliability of the Services, the Company does not guarantee that the Services will always be available, error-free, secure, or uninterrupted.

Any interruptions, delays, temporary unavailability, modifications, suspension, or discontinuation of the Services are subject to the limitations of liability set forth in Section 14 of these Terms.

Your use of the Services may be subject to certain usage limits, including without limitation Credits, usage limits, rate limits, processing caps, storage limits, fair use restrictions, or other limits applicable to certain features or your Subscription plan.

Such limits may affect, among other things, the amount of Input or Output that may be processed, frequency of feature use, storage capacity, access to certain models or tools, or other levels of usage available through the Services.

The Company may establish, modify, enforce, or update such usage limits from time to time, including by restricting feature access, suspending certain uses, or taking other reasonable actions in response to excessive use, misuse, activity affecting system integrity, or violations of these Terms, in accordance with Company policies or as communicated through the Services.

From time to time, the Company may make available beta, experimental, preview, early access, or similar features ("Beta Features").

Beta Features may be incomplete, change at any time, be unstable, contain bugs, have limited functionality, or be discontinued without notice.

Beta Features are provided on an "as is" and "as available" basis, and your use of Beta Features is at your own risk. The Company may modify or discontinue Beta Features at any time without any obligation to continue offering or supporting them.

The Company reserves the right to suspend, withdraw, limit, disable, or discontinue all or any part of the Services, including specific features or models, whether temporarily or permanently, for operational, legal, security, or business reasons.

Any withdrawal or discontinuation of the Services will not affect obligations accrued prior to the effective date of such withdrawal or discontinuation.

The Services may integrate with, rely on, or provide access to Third-Party Services. Your use of Third-Party Services may be subject to separate terms and conditions imposed by the applicable third party.

The Company does not control and is not responsible for the availability, performance, accuracy, security, or practices of any Third-Party Services.

To access certain features of the Services, you may be required to create an account ("Account"). When registering for an Account, you agree to provide accurate, current, and complete information and to maintain and promptly update such information so that it remains accurate and complete.

You may not create an Account using false or misleading information, impersonate any person or entity, or create an Account on behalf of another person or entity without proper authorization.

The Company reserves the right, in its reasonable discretion, to reject registration, restrict access to, or refuse use of any Account where there is an indication of a violation of these Terms, Company policies, the integrity or security of the Services, or applicable law.

You agree to use the Services only in accordance with these Terms and applicable law and not to permit your Account to be used for any purpose that violates these Terms, harms the Company, or interferes with other users or the integrity of the Services.

You are responsible for activities reasonably attributable to the use of your Account, except as otherwise required by applicable law.

The Company may, in its reasonable discretion, restrict, suspend, or terminate your Account, temporarily or permanently, if:

• you violate these Terms, the Privacy Policy, or any applicable Additional Terms;
• information associated with your Account is inaccurate, incomplete, or misleading;
• there is suspected misuse, fraud, unlawful activity, or conduct that threatens the security or integrity of the Services; or
• such action is required by law, government order, or for operational, security, or other legitimate business reasons.

Account Restrictions may include limiting access to certain features, reducing Account functionality, restricting the use of Credits, or taking other actions that limit access to portions of the Services without disabling the Account entirely.

Account Suspension means a temporary interruption of access to some or all of the Services for a specified period or until the reason for suspension has been resolved.

Account Termination means permanent termination of your Account, which may result in loss of access to the Services, including associated content, Credits, or features linked to the Account.

Such measures may be applied progressively depending on the nature and severity of the violation or risk involved. Where reasonable and practicable, the Company may provide notice of a restriction, suspension, or termination, although in certain circumstances such action may be taken without prior notice, including for security, abuse prevention, or legal compliance reasons.

During a suspension, access to your Account, User Content, Credits, or certain features may be temporarily restricted. Upon termination, such access may permanently cease, subject to applicable data retention policies.

Termination of your Account does not relieve you of obligations accrued prior to the effective date of suspension or termination.

If your Account has been suspended or terminated for violating these Terms, you may not create a new Account, access the Services through another Account, or otherwise attempt to circumvent such restrictions without the Company's prior written consent.

The Company reserves the right to reject, suspend, or terminate any new Account reasonably believed to have been created to evade prior restrictions, suspension, or termination.

You are responsible for maintaining the confidentiality and security of your Account credentials, including your username, password, and other authentication information. You may not share your Account credentials with others or permit others to access the Services through your Account.

You agree to notify the Company immediately if you become aware of or suspect any unauthorized access to, unauthorized use of, or other security breach involving your Account.

You are responsible for losses arising from failure to safeguard your Account security to the extent caused by your acts, omissions, or failure to comply with your obligations under these Terms.

The Company uses third-party service providers, including Stripe, Inc. and its affiliates ("Third Party Service Provider"), to facilitate payment services such as card processing, billing, and settlement.

When you make a purchase on the platform, you will be required to provide your payment details and any additional information directly to the Third Party Service Provider. By proceeding with a transaction, you agree to be bound by the Third Party Service Provider's applicable terms and policies, including Stripe's Privacy Policy (currently accessible at https://stripe.com/us/privacy) and Stripe's Services Agreement (currently accessible at https://stripe.com/legal/ssa).

You consent to and authorize the Company and the Third Party Service Provider to exchange relevant payment information and transaction instructions with each other, and where necessary with affiliated or authorized service providers, solely to the extent required to process and complete your transactions.

All payment transactions are subject to authorization, verification, and fraud-prevention checks conducted by the Third Party Service Provider and your card issuer. The Company is not responsible if your card issuer or the Third Party Service Provider declines to authorize payment for any reason.

Your card issuer may charge additional fees, such as handling fees or processing fees in connection with your transaction. The Company is not responsible for any such fees.

The Company does not directly process or store payment card information. All payment transactions are handled by the Third Party Service Provider. The Company is not responsible for any errors, interruptions, or security breaches arising from the services of the Third Party Service Provider or other third-party payment processors.

In certain cases, the Third Party Service Provider may rely on affiliated entities or third-party partners to support payment processing services, subject to appropriate confidentiality and data protection requirements.

Access to certain features of the Services may require the purchase of a Subscription plan through the Services. Subscription plans may be purchased directly through the Company and may be offered on a monthly, annual, usage-based, or other billing basis as specified within the Services.

Pricing, features, usage limits, and benefits associated with each Subscription plan will be described through the Services. The Company reserves the right to modify Subscription plans, pricing, available features, or billing structures at any time.

Unless otherwise stated, pricing changes will apply to future billing periods, and where required by applicable law, the Company will provide reasonable notice before such changes take effect.

The Services may use a credit-based system to access certain features, including AI-powered content generation and related functionality. Credits may be purchased separately or included as part of a Subscription plan.

Credits have no monetary value, are non-transferable, and may not be redeemed for cash except where required by applicable law.

Credits may expire or be subject to usage limits, expiration periods, promotional restrictions, or other conditions disclosed through the Services.

The Company reserves the right to modify, suspend, or discontinue the credit system at any time.

If you purchase a recurring Subscription plan, your Subscription will automatically renew at the end of each billing period unless canceled prior to the applicable renewal date.

By purchasing a Subscription, you authorize the Company to charge the applicable fees, taxes, and other applicable charges to your selected payment method on a recurring basis without further authorization unless otherwise required by applicable law.

You are responsible for any applicable taxes, duties, levies, or similar governmental charges associated with your purchase of the Services, excluding taxes based on the Company's net income.

You are responsible for maintaining accurate and current billing information.

If your payment method cannot be successfully processed for any reason, including expiration, insufficient funds, chargebacks, reversals, or payment failures, the Company may:

• suspend or restrict access to the Services;
• downgrade your account;
• limit certain functionality; or
• terminate your Subscription.

All fees are payable in advance and are non-refundable except as expressly stated in these Terms.

Your obligation to pay any outstanding fees, charges, or payment obligations incurred prior to suspension, cancellation, or termination of your account will survive such suspension, cancellation, or termination.

Except as expressly provided in this section, all payments made for Subscriptions or Credits are final and non-refundable.

You may request a refund within seven (7) days of your initial purchase, provided that no Credits have been used or consumed through your account. Refunds apply only to initial purchases and do not apply to renewal payments.

Approved refunds may be subject to a service fee of up to six percent (6%) of the original purchase amount to cover payment processing and administrative costs where permitted by applicable law.

Credits are non-refundable, non-transferable, and have no monetary value except where required by applicable law.

Refund requests are subject to verification, and the Company reserves the right to deny refund requests involving abuse, fraud, misuse, or violations of these Terms.

For users located in the European Economic Area or the United Kingdom: You have a statutory right to withdraw from this contract within 14 days without giving any reason. However, by purchasing a Subscription, Credits, or other digital content, and by clicking "Generate," consuming Credits, or otherwise accessing or using the Services, you expressly request that the Company begin performance of the Services before the end of the 14-day withdrawal period and acknowledge that you thereby lose your right of withdrawal once the digital content or Services have been provided or made available to you.

You may cancel your Subscription at any time through your account settings or other cancellation mechanisms made available through the Services.

Cancellation will take effect at the end of the current billing period unless otherwise required by applicable law.

You will retain access to paid features until the end of your active billing period, after which your Subscription will not renew.

Cancellation does not entitle you to refunds, prorated credits, or reimbursement for unused portions of a billing period except as expressly stated in these Terms or required by applicable law.

Unused Credits may expire or become unavailable following cancellation in accordance with the applicable Subscription terms.

You represent and warrant that you have all rights, permissions, and legal basis necessary for any Input you submit through the Services, and you are solely responsible for such Input.

You are responsible for not submitting confidential, sensitive, or proprietary information into the Services unless expressly permitted by the Company or required for the use of a specific feature.

Unless otherwise expressly agreed in writing, the Company has no obligation to store, maintain, preserve, or retain any Input, User Content, or Output made available through the Services for any specific period of time.

The Company is not responsible for the deletion, loss, corruption, inaccessibility, or failure to store, transmit, or receive any Input, User Content, or Output.

While the Services may provide features that allow temporary storage, access, or retrieval of content, the Company does not guarantee the continued availability, preservation, or recoverability of such content.

You are solely responsible for maintaining backups of any Input, User Content, or Output you wish to retain.

The Company may establish or modify limits relating to storage capacity, file size, processing limits, retention periods, or other technical restrictions associated with the Services at any time in its sole discretion.

Where functionality is made available, you may be able to delete or manage certain Inputs, User Content, or Outputs through the Services. The Company does not guarantee the availability, retention, or continued accessibility of any Inputs, User Content, or Outputs.

The Services allow you to submit Input to generate videos, synthetic media, or other Outputs using the features and systems made available through the Services.

You are solely responsible for any Input you submit and must ensure that such Input complies with these Terms, applicable law, and does not infringe any intellectual property rights, privacy rights, publicity rights, or other third-party rights.

You represent and warrant that you have all rights, permissions, consents, and legal basis necessary to submit such Input.

The Services may generate videos, synthetic media, or other content based on Input ("Outputs").

Subject to your compliance with applicable law, these Terms, the Privacy Policy, and any Additional Terms, you may use Outputs for personal or commercial purposes.

As between you and the Company, and to the extent permitted by applicable law, you retain ownership of Input and own Outputs generated for you through the Services. The Company does not claim ownership of your Inputs or Outputs and does not restrict your lawful commercial use of Outputs.

You acknowledge that the laws governing the ownership and copyrightability of AI-generated content are evolving and may vary by jurisdiction. The Company makes no representations or warranties regarding the ownership, copyrightability, or legal protection of any Outputs under applicable intellectual property laws. You are solely responsible for evaluating the legal status of Outputs before using, distributing, or commercializing them.

Outputs are generated automatically by artificial intelligence systems and may not be unique. Similar or identical Outputs may be generated for other users, and the Company does not represent or warrant that any Output will be exclusive to you.

You are solely responsible for all use of Outputs, including reviewing, verifying, publishing, distributing, using, or otherwise relying on Outputs, and for ensuring such use complies with applicable law, third-party rights, and any applicable third-party terms and conditions.

Outputs are generated by automated systems and may contain inaccuracies, errors, bias, or unintended results.

You should independently review, verify, and evaluate Outputs before using, publishing, distributing, or relying on them.

Outputs do not constitute legal, medical, financial, or other professional advice.

The Company does not warrant the accuracy, reliability, legality, non-infringement, or fitness of any Output for a particular purpose and is not responsible for decisions, actions, or consequences arising from your use of Outputs.

You understand and agree that Input and Output may be processed by the Company for operational, security, moderation, evaluation, development, training, and improvement of AI models and related technologies and services, subject to the Privacy Policy and applicable law.

You may opt out of the use of Input or Output for model training through account settings or by contacting legal@bythen.ai, subject to applicable law and any technical or service limitations disclosed by the Company.

Unless you exercise an available opt-out mechanism, Input and Output may be processed as described in this Section, subject to the Privacy Policy and applicable law.

If you access the Services under a separate enterprise, business, or other written agreement with the Company, use of Input or Output for model training may be governed by such separate agreement to the extent applicable.

The Company may review prompts, inputs, and outputs, including through automated means and, where reasonably necessary, human review, for purposes such as safety monitoring, abuse prevention, security, legal compliance, investigating violations of these Terms or applicable policies, and providing support.

The Services are not intended to be used as the sole basis for automated decision-making that produces legal effects or similarly significant impacts on individuals.

You are responsible for ensuring appropriate human judgment and oversight before using Outputs in such contexts.

Where required by applicable law, including the European Union Artificial Intelligence Act or similar regulations, you are responsible for providing appropriate disclosure, labeling, watermarking, or other identification where Outputs consist of synthetic media or AI-generated content that could reasonably mislead third parties if not disclosed.

All right, title, and interest in and to the Services, including Company Materials, AI models, software, algorithms, designs, features, documentation, and all related intellectual property rights, are owned by the Company or its licensors.

Except for the limited license to use the Services set forth in Section 2.1, no other rights or licenses, whether express or implied, are granted to you in or to the Services or Company Materials. Your use of the Services does not grant you any ownership rights in the Services.

You retain ownership of your User Content submitted through the Services.

You grant the Company a limited, non-exclusive, royalty-free license, for so long as reasonably necessary, to host, process, reproduce, use, and display your User Content solely as necessary to provide, operate, secure, and improve the Services.

For clarity, ownership of Outputs is governed by Section 6.2, and nothing in this Section transfers ownership of the Services, Company Materials, or underlying AI models to you.

Any suggestions, ideas, comments, or feedback you provide regarding the Services may be used by the Company without restriction and without any obligation to provide compensation to you.

You may not use the Company's name, logos, trademarks, or branding without the Company's prior written consent.

The Company reserves the right to remove, disable access to, or take appropriate action regarding material alleged to infringe third-party intellectual property rights.

The Company may also suspend or terminate accounts of users who repeatedly infringe the intellectual property rights of others.

These Terms constitute the entire agreement between you and the Company regarding the Services and supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the subject matter of these Terms.

If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

The Company shall not be liable for delays, interruptions, failures in data processing, inability to satisfy user requests, or failures in performance resulting from events beyond its reasonable control, including natural disasters, war, infrastructure failures, internet disruptions, governmental actions, failures of third-party technology providers, or other events materially interfering with the operation of the Company or the Services.

Failure by the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be expressly made in writing.

You may not assign or transfer these Terms or any rights or obligations under these Terms without the Company's prior written consent.

The Company may assign or transfer these Terms without restriction.

You consent to receive notices, disclosures, updates, and other communications relating to the Services or these Terms electronically, including through email, in-product notifications, or postings through the Services.

Such electronic communications satisfy any legal requirement that communications be in writing, to the extent permitted by applicable law.