Studio™

DRAFT — not yet reviewed by an attorney. This page is a working draft and is not in effect.

Terms of Service

Last updated: [DATE]. Effective: [DATE].

These Terms of Service ("Terms") are a binding agreement between you and Madwackd Productions LLC, a Colorado limited liability company ("Madwackd," "we," "us," or "our"). They govern your use of Madwackd Studio™, the website at www.madwackd.ai, and any related tools, credits and services (together, the "Service"). By creating an account, buying credits or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

These Terms include and incorporate our Privacy Policy, Acceptable Use Policy, Credits and Refund Policy and AI Disclosure. Please read them too.

1. Who can use the Service

  • You must be at least 18 years old and able to form a binding contract. The Service is not directed to children, and we do not knowingly collect information from anyone under 18.
  • If you use the Service for a business, you confirm you have authority to bind that business, and "you" includes that business.
  • You may not use the Service if you are barred from doing so under U.S. law, including U.S. sanctions and export laws.

2. What the Service is

Madwackd Studio is a paid AI video studio. You describe a video, we give you a credit quote, and when you approve the quote we generate video and voice using third-party AI models, including Google's Vertex AI Veo video models and third-party text-to-speech voice providers. We may also offer optional human producer services, such as script help, editing and project management, priced separately.

  • No free generations. Every render uses purchased credits.
  • Quote before render. We show you the credit cost before any render starts. Nothing is charged against your balance until you approve the quote.
  • AI results vary. AI output is generated by probability. The same prompt can give different results, and results may not match your vision, be accurate or be unique to you. Re-renders use credits unless our Credits and Refund Policy says otherwise.

3. Your account

Keep your login details secure and tell us right away if you think someone else has used your account. You are responsible for everything done through your account. Give us accurate information and keep it current.

4. Credits, pricing and payment

  • Credits are bought in advance through our payment processor, Stripe. Prices are shown in U.S. dollars (USD) at checkout, plus any applicable taxes.
  • Credits are a prepaid license to use the Service. They are not money, have no cash value except as stated in our Credits and Refund Policy, are not transferable and cannot be resold.
  • [ZACH TO CONFIRM: Credits expire [12 months] after purchase / Credits do not expire.] Some states limit expiration of prepaid value; we will follow applicable law.
  • We may change prices and credit costs going forward. Changes do not affect a quote you have already approved or credits you have already bought.
  • Refunds, failed renders and blocked renders are covered in our Credits and Refund Policy.
  • If you file a chargeback for a valid charge, we may suspend your account while it is reviewed.

5. Producer services

Optional human producer services are described and priced in a written quote or order. If a quote or order conflicts with these Terms, the quote or order controls for that project only. Producer work also uses AI tools and is subject to the same content rules.

6. Your content and inputs

"Inputs" means anything you give the Service, such as prompts, scripts, images, video, audio and voice samples. You keep whatever rights you have in your Inputs. You promise that:

  • You own your Inputs or have all rights and permissions needed to use them with the Service.
  • If your Inputs include any real person's face, body, name or voice, you have that person's written consent (or the consent of their legal representative or estate, where required) for the specific use, as explained in our Acceptable Use Policy.
  • Your Inputs and your use of the Service follow these Terms, our Acceptable Use Policy and the law.

You give us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit and display your Inputs only as needed to run, secure and improve the reliability of the Service, to deliver your outputs, and to meet legal duties. We do not use your Inputs or outputs to train our own AI models. [ATTORNEY: confirm data-use settings with Google and voice provider match this promise.]

7. Who owns the outputs

  • As between you and Madwackd, and to the extent permitted by law and by the terms of our AI model providers (including Google's terms), you own the videos, audio and other results the Service generates for you ("Outputs"). We assign to you any rights we may have in your Outputs.
  • AI-generated material may not be protected by copyright, and similar Outputs may be generated for other users. We do not promise that any Output is protectable, unique or free from third-party claims.
  • You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process and deliver your Outputs so we can provide the Service to you, keep backups for a limited time, handle support and legal requests, and enforce these Terms. We will not use your Outputs in our marketing without your separate permission.
  • Content credentials stay in place. Outputs may carry invisible watermarks (such as Google's SynthID), content credentials or other provenance signals. You agree not to remove, alter, hide or defeat them, or help anyone else do so.

8. Rules you must follow

You must follow our Acceptable Use Policy, which includes the content rules our AI providers require, such as Google's Generative AI Prohibited Use Policy. We and our providers use automated safety filters. A prompt or render may be blocked even if you believe it is allowed. Blocked renders are handled under our Credits and Refund Policy.

9. How you use your Outputs

  • You are responsible for how you use, publish and distribute your Outputs, including following advertising, endorsement and disclosure laws.
  • Do not present AI-generated people as real customers, real reviewers or real endorsers. Under the FTC's rule on consumer reviews and testimonials, fake or AI-generated testimonials that misstate who is speaking or what they experienced are not allowed.
  • Label realistic AI-generated content where the law or the platform you post on requires it, and anywhere a viewer could be misled. See our AI Disclosure.

10. Copyright complaints (DMCA)

We respect intellectual property rights. If you believe material on the Service infringes your copyright, send a notice to our designated agent with: (a) your physical or electronic signature; (b) a description of the copyrighted work; (c) a description of where the material is on the Service, with enough detail for us to find it; (d) your contact information; (e) a statement that you believe in good faith the use is not authorized by the owner, its agent or the law; and (f) a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner.

Designated agent: Madwackd Productions LLC, Attn: Copyright Agent, 1001 Bannock St, Suite 660, Denver, CO 80204. To send a notice electronically, use the contact form on our website and choose "Copyright notice." [ZACH: this must match the agent registered with the U.S. Copyright Office.]

If your material was removed and you believe it was a mistake, you may send a counter-notice that meets 17 U.S.C. § 512(g). We terminate the accounts of repeat infringers in appropriate circumstances.

11. Intimate imagery and likeness removal requests

If you believe the Service holds an intimate image of you, real or AI-generated, that was made or shared without your consent, or an unauthorized likeness or voice of you, you can ask us to remove it, even if you do not have an account. See the removal request section of our Acceptable Use Policy. We act on valid requests for nonconsensual intimate images within 48 hours, as required by the TAKE IT DOWN Act.

12. Our property

The Service, its software, design, branding and the Madwackd and Madwackd Studio names and marks belong to Madwackd Productions LLC or its licensors. These Terms do not give you any rights in them except the limited right to use the Service as allowed here. If you send us feedback, we may use it without owing you anything.

13. Third-party services

The Service depends on third-party providers, including Google Cloud, voice providers and Stripe. Their services may change, slow down or stop, and some features may change as a result. We are not responsible for third-party services, but we will try to give notice of changes that materially affect you.

14. Suspension and termination

You may close your account at any time. We may suspend or end your access, remove content or refuse a render if we reasonably believe you broke these Terms or the law, created risk for us, other users or our providers, or if a provider requires it. If we end your account without cause, we will refund your unused purchased credits. If we end it because you broke these Terms, unused credits may be forfeited where the law allows. Sections that by their nature should continue (such as ownership, licenses, disclaimers, limits of liability, indemnity and disputes) survive termination.

15. Disclaimers

THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT OUTPUTS WILL BE ACCURATE, UNIQUE OR FIT FOR ANY USE.

16. Limits of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, MADWACKD AND ITS MEMBERS, MANAGERS, CONTRACTORS AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE. Some places do not allow these limits, so they may not fully apply to you.

17. Indemnity

You agree to defend and hold harmless Madwackd and its members, managers and contractors from claims, losses and costs (including reasonable attorney fees) arising from your Inputs, your Outputs as you use them, your breach of these Terms or your violation of anyone's rights, including rights of publicity, privacy and copyright.

18. Disputes and governing law

  • These Terms are governed by the laws of the State of Colorado and applicable U.S. federal law, without regard to conflict-of-law rules.
  • Before filing a claim, please contact us through the contact form so we can try to resolve it informally within 30 days.
  • Any lawsuit must be brought in the state or federal courts located in Denver, Colorado, and you and we consent to their jurisdiction. Either party may bring an eligible claim in small claims court.
  • [ATTORNEY: consider whether to add binding arbitration and a class-action waiver.]

19. Changes to these Terms

We may update these Terms. If a change is material, we will give notice on the website or by email before it takes effect. Continuing to use the Service after the effective date means you accept the change. Changes do not apply to quotes you already approved.

20. Other terms

These Terms are the whole agreement between you and us about the Service. If any part is found unenforceable, the rest stays in effect. Our failure to enforce a term is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, sale or reorganization.

21. Contact

Madwackd Productions LLC, 1001 Bannock St, Suite 660, Denver, CO 80204. To reach us, use the contact form on our website.

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