Terms of Use (EULA)
AI Video Generator by MiniMax
1. Your Relationship With Us
1.1 These terms of Use (the “Terms”) as amended from time to time govern the relationship and serve as an agreement between you and Appatio OÜ (the “Company”, “we”, or “us”) and set forth the terms and conditions by which you may access and use AI Video Generator by MiniMax (the "Platform") and our related services, applications, products and content (collectively, the “Services”). Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services.
1.2 The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.
2. Accepting the Terms
2.1 By accessing or using our Services, you confirm that you can form a binding contract with the Company, that you accept these Terms, and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and is incorporated herein by reference.
2.2 The Services are only available for individuals 4 years old and over. In addition, if you are under 18 years old or the applicable age of majority in the jurisdiction you reside in, you confirm that your parent or legal guardian consents to your access or use of the Services. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
2.3 If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the business or entity to these Terms and that you agree to these Terms on behalf of the business or entity, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your business or entity, including any employees, agents or contractors.
2.4 You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
2.5 You should print off or save a local copy of the Terms for your records.
2.6
App does NOT collect any face data.
App stores only photos that the user download in the app. These videos are stored as long as neccessary and are NOT transferred to third parties or services. Only user have access to them.
2.7 Application functionality
The app allows you to:
A. Create videos from text
B. Create videos from photos
Video length:
5 seconds
Video formats:
16:9, 9:16, 1:1
Video storage and saving:
Video is available for 6 days. To avoid losing access to it, save video to the Gallery on your phone.
Video generation time:
With low server load, the usual video creation is less than 5 minutes.
With above-average load, the video creation time will be 20-25 minutes.
With very high load, the video creation time may increase up to 24 hours.
Also with sharp increase in the number of generations from your device the video creating time will increase.
3.1 We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine apps or services operated by us or our affiliates into one single combined service or app, or when there are regulatory changes. We use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on the Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflects the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
4. Your Access to and Use of Our Services
4.1 Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
access or use the Services if you are not fully able and legally competent to agree to these Terms or if you are not authorized to use the Services by your parent or legal guardian;
attempt to, decipher, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any files, tables, or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
incorporate the Services or any portion thereof into any other program or product;
impersonate any person or entity or otherwise misrepresent your affiliation;
use automated scripts to collect information from or otherwise interact with the Services;
use the Services to upload, transmit, distribute, store or otherwise make available in any way files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
use the Services in a manner that violates or infringes on someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights;
use the Services to bully, harass, intimidate, or defame users; or
engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
4.2 Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
5. Intellectual Property Rights
5.1 The Services are protected under the laws of copyright, patent, trademarks, and other intellectual property rights of the countries where Services are available. All copyrights in the Services are owned by us or our third-party licensors to the full extent permitted under all applicable laws. Consistent with the other terms in this document, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services if it is related to commercial activities
5.2 We respect intellectual property rights and require you to do the same. As a condition of your access to and use of the Services, you agree not to infringe on any intellectual property rights by accessing or using the Services or any content therein for any commercial or unauthorized purposes.
6. Content
Our Content
6.1 As between you and the Company, all content, software, images, text, graphics, illustrations, logos, stickers, filters, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Company’s Content”), are either owned or licensed by the Company. Use of the Company’s Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. The Company’s Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
6.2 Subject to the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services, including to download the Platform on a permitted device and to access the Company’s Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. The Company reserves all rights not expressly granted herein in the Services and the Company’s Content. You acknowledge and agree that the Company may terminate this license at any time for any reason or no reason.
6.3 UNLESS OTHERWISE STATED, NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
6.4 We make no representations, warranties, or guarantees, whether express or implied, that any Company’s Content is accurate, complete, or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
User-Generated Content
6.5 You are allowed to upload, post, publish, transmit, or otherwise make available content through the Services, including without limitation video templates, any text, photographs, videos, audio, and sound recordings uploaded to, or otherwise made available through, our Services (“User Content”). Commercial use is not allowed.
6.6 The views expressed by any user or in or through User Content do not represent our views or values. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
6.7 All User Content will be considered non-confidential. When you upload or make available User Content through the Services, you agree, represent and warrant that you own such User Content, or you have received all necessary permissions (including any necessary licenses), clearances from, or are authorised by, the owner of any part of the content to submit such User Content to the Services, and/or to otherwise make any use of such User Content on or through the Services.
6.8 Waiver of Rights to User Content. By uploading or making available User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing, advertising or promotional materials related to such User Content. You also waive (to the extent permitted by applicable law) any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. You hereby waive (to the extent permitted by applicable law) and agree never to assert any and all moral rights you may have in or with respect of any of the User Content you upload or otherwise make available through the Services, or to support, maintain or permit any action based on any such moral rights.
6.9 We reserve the right to cut, crop, edit or refuse to upload your content in our sole discretion. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms (including without limitation the content standards set out at Section 6 above), or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you.
Complaints.
6.10 If you wish to complain about information and materials (including User Content) uploaded by other users, or if there is another issue you wish to raise with us, please contact us at appatioapps@gmail.com.
6.11 If you believe that any content uploaded or made available through our Services infringes your copyright, you may file a "Copyright Infringement Report" via tapping on the button "flag" on the page of every specific content posted on the Platfrom to request the removal of the alleged infringing content from the Platform. You may also submit a copyright infringement notification to us at appatioapps@gmail.com. The notification must include the following:
An email address, physical address and a phone number so that we and the uploader whose content is alleged to infringe your work can contact you.
The name of video templates or other identifying location of the allegedly infringing work.
Type of content you are reporting. It may be video, font, image, etc.
The reason why you report this content and your request.
Supporting document(s) or URL(s) to show the details of the right. If you don't have the material to show the right owner, please clearly and completely describe your work that you believe has been infringed.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and agree that all information submitted in your IP infringement notification may be forwarded to the uploader of the content, or otherwise made public in any way by us or a third party.
The physical or electronic signature of the copyright owner or an authorized representative of the copyright owner. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your notification.
6.12 We will take commercially reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is our policy, under appropriate circumstances and in our discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
7. Indemnity
7.1 You agree to defend, indemnify, and hold harmless the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, assigns, and advisors from and against any and all loss, claims, liabilities, damages, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation, and warranties under these Terms.
8. EXCLUSION OF WARRANTIES
8.1 NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
8.2 THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO YOU WITH RESPECT TO THEM. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
8.3 NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS OR WARRANTIES AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, CONFORMANCE WITH DESCRIPTION, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
9. LIMITATION OF LIABILITY
9.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED DIRECTLY BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
9.2 SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
ANY LOSS OF GOODWILL;
ANY LOSS OF OPPORTUNITY;
ANY LOSS, MISUSE, MANIPULATION OR OTHER UTILIZATION OF DATA SUFFERED BY YOU OR COMPUTER VIRUS; OR
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER WHICH MAY BE INCURRED BY YOU. FURTHER, ANY OTHER LOSS WILL BE LIMITED TO FIFTY US DOLLARS (USD $50) OR THE EQUIVALENT AMOUNT IN YOUR LOCAL CURRENCY.
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
1) ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
2)THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.
9.3 THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
9.4 YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
9.5 WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT PUBLISHED BY US OR BY AUTHORISED THIRD PARTIES.
10. Other Terms
10.1 Applicable Law and Jurisdiction. Any dispute related to these Terms, their subject matter, and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity, or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
10.2 Open Source. The Platform contains certain open-source software. Each item of open source software is subject to its own applicable license terms.
10.3 Entire Agreement. These Terms constitute the whole legal agreement between you and the Company and govern your use of the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us.
10.4 No Waiver. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
10.5 Security. We do not guarantee that our Services will be secure or free from bugs. You are responsible for configuring your information technology, computer programs, and platform to access our Services. You should use your own virus protection software.
10.6 Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
10.7 Third-party Content. The Services may contain links to third-party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user's own risk.
11. Subscription pricing and terms:
App offers an auto-renewing monthly subscription (Video Generator Pro) at $9.99/week. Payment will be charged to the credit card connected to your iTunes Account when you confirm the initial subscription purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current subscription period. Your account will be charged for renewal within 24-hours prior to the end of the current period, and the cost of the renewal will be identified. You may manage your subscription and auto-renewal may be turned off by going to your Account Settings after the purchase.
Updated 14 November 2024