Terms of Service

Last Updated: January 16, 2025

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Motion Snap Labs, Inc. ("Company," "we," "us," or "our") governing your access to and use of the ActiveSnap platform, website, and related services (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE THE SERVICE.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

ActiveSnap is an AI-powered video editing platform designed for content creators and teams. The Service enables users to upload video content and utilize automated tools for video processing, editing, enhancement, and export. Outputs may be generated or assisted by automated systems and may be imperfect, incomplete, or unsuitable for your intended purpose.

3. User Accounts

3.1 Account Registration

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. Account termination does not limit any rights or licenses granted to the Company under these Terms that by their nature should survive.

4. User Content

4.1 Ownership of User Content

You retain ownership of any video content, images, audio, text, captions, project files, prompts, and other materials you upload to the Service ("User Content"). By uploading User Content, you do not transfer ownership rights to the Company.

4.2 License Grant to Company

By uploading User Content to the Service, you grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, host, store, cache, transmit, process, adapt, modify, and display your User Content solely for the purpose of providing, operating, securing, and maintaining the Service. This license includes the right to use your User Content for:

  • Processing and delivering the video editing services you request
  • Encoding, transcoding, rendering, compressing, and formatting content for playback or export
  • Creating and storing working copies, backups, thumbnails, previews, proxy media, and technical artifacts necessary for Service operation
  • Technical processing necessary for reliability, debugging, and abuse prevention

4.3 Service Improvement License (Free Tier)

If you are using the Service under a free or promotional subscription tier, you additionally grant the Company a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, process, adapt, modify, analyze, and create derivative works from your User Content for the purposes of developing, improving, and enhancing the Service, our technology, and related offerings. This may include the use of User Content or signals derived from it in aggregated, de-identified, anonymized, or otherwise abstracted form for internal research, evaluation, and improvement of automated systems. This license survives termination of your account. Content processed under paid subscription tiers is not subject to this Section 4.3 unless you expressly opt in.

4.4 User Representations and Warranties

By uploading User Content, you represent and warrant that:

  • You own or have obtained all necessary rights, licenses, consents, and permissions to upload and use the User Content
  • You have obtained consent from all individuals appearing in your videos for their likeness, voice, and performance to be recorded, uploaded, processed, and used as permitted by these Terms
  • Your User Content does not infringe upon the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party
  • Your User Content does not violate any applicable laws, regulations, or these Terms
  • Your User Content does not contain any material that is defamatory, obscene, harmful, threatening, or otherwise objectionable

4.5 Prohibited Content

You agree not to upload, transmit, or otherwise make available any User Content that:

  • Contains illegal or unlawful material
  • Infringes any third-party intellectual property or proprietary rights
  • Contains personally identifiable information of others without their consent
  • Contains malware, viruses, or other harmful code
  • Violates any applicable laws or regulations

4.6 Sensitive Content and Special Categories

You agree not to upload content that includes sensitive personal data (including health, biometric identifiers, government identifiers, financial account numbers, or information about children) unless you have a valid lawful basis and all required consents under applicable law. You understand that video may contain biometric or face data and you are solely responsible for compliance with any laws governing such data.

5. Subscription Plans and Payment

5.1 Subscription Tiers

The Service offers various subscription tiers, including free and paid options. Features, storage limits, export limits, and retention may vary by subscription tier. We reserve the right to modify subscription offerings at any time.

5.2 Payment Terms

For paid subscriptions, you agree to pay all applicable fees. Subscription fees are billed in advance on a recurring basis. You authorize us to charge your designated payment method for all applicable fees.

5.3 Refund Policy

Subscription fees are non-refundable except as required by law or as expressly stated in these Terms.

6. Intellectual Property

6.1 Company Intellectual Property

The Service, including all software, algorithms, workflows, user interfaces, designs, trademarks, and other intellectual property, is owned by the Company or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

6.2 Restrictions

You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works based on the Service or any part thereof, except as expressly permitted by these Terms or applicable law.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR RESULTS
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
  • WARRANTIES REGARDING THE PRESERVATION OR SECURITY OF USER CONTENT

You acknowledge that the use of automated processing may produce results that are imperfect, unexpected, or unsuitable for your intended purposes. The Company makes no guarantees regarding the quality, accuracy, legality, or suitability of outputs.

8. Limitation of Liability

8.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL
  • LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS TO USER CONTENT
  • DAMAGES ARISING FROM INTERRUPTION OF SERVICE OR SYSTEM FAILURES
  • DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE
  • DAMAGES ARISING FROM ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE

8.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

8.3 User Content Liability and Data Loss

THE COMPANY SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE, OR CLAIMS ARISING FROM:

  • THE LOSS, CORRUPTION, OR DELETION OF USER CONTENT, WHETHER DUE TO SYSTEM FAILURES, SECURITY BREACHES, USER ERROR, THIRD-PARTY PROVIDERS, OR ANY OTHER CAUSE
  • UNAUTHORIZED ACCESS TO OR DISCLOSURE OF USER CONTENT
  • ANY USE OF USER CONTENT BY THIRD PARTIES (INCLUDING ANYONE YOU SHARE LINKS OR EXPORTS WITH)
  • THE PROCESSING, MODIFICATION, OR ALTERATION OF USER CONTENT BY THE SERVICE
  • CLAIMS RELATED TO CONSENTS, RIGHTS OF PUBLICITY, LIKENESS, OR PRIVACY OF INDIVIDUALS APPEARING IN USER CONTENT

You acknowledge that you are solely responsible for maintaining backup copies of your User Content. The Company is not a backup service and shall not be liable for any failure to preserve User Content.

8.4 Fitness and Safety Disclaimer

The Service may be used to create or edit fitness-related media. The Company does not provide medical advice and does not verify correctness of any exercise, form, or instruction in user-created outputs. You are solely responsible for all content you publish and for ensuring your content is safe, lawful, and appropriate for your audience.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of the Service
  • Your User Content, including any claims that your User Content infringes the rights of any third party
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Any claims by individuals appearing in your User Content

10. Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for information about how we collect, use, and disclose your information.

11. Modifications to Service and Terms

11.1 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

11.2 Terms Modifications

We may modify these Terms at any time. Material changes will be communicated through the Service or via email. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

12.2 Arbitration

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the decision of the arbitrator shall be final and binding.

12.3 Class Action Waiver

You agree that any arbitration or proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in class actions or class arbitrations.

13. General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the Service.

13.2 Severability

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

13.3 Waiver

The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer your rights under these Terms without the Company's prior written consent. The Company may assign its rights and obligations under these Terms without restriction.

14. Contact Information

For questions about these Terms, please contact us at:

Motion Snap Labs, Inc.
Email: support@activesnap.ai