Last updated: October 1, 2024
PLEASE READ THESE TERMS OF SERVICE (THE “TERMS”) CAREFULLY. THESE TERMS APPLY TO YOUR USE OF THE WEBSITE, SOFTWARE, MOBILE APPLICATIONS, APIS, AND ANY OTHER SERVICES PROVIDED BY DOVINU (“WE,” “US,” OR “OUR”). BY CREATING AN ACCOUNT, CLICKING ON AN “I ACCEPT” BUTTON, OR OTHERWISE USING THE SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE ENTITY NAMED AS THE USER, AND TO BIND THAT ENTITY TO THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICES.
PLEASE BE AWARE THAT SECTION 16 (“DISPUTE RESOLUTION”) BELOW CONTAINS A MANDATORY ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF CLAIMS, THE ARBITRATION CLAUSE WILL REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT, (1) YOU WILL PURSUE DISPUTES OR CLAIMS ON AN INDIVIDUAL BASIS ONLY, AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
Please note that our Privacy Policy (accessible on our website) describes how we collect and use personal information in connection with the Services. Your use of the Services is also governed by any additional terms or policies for certain features or promotions (“Supplemental Terms”). If these Terms conflict with the Supplemental Terms, the Supplemental Terms shall control with respect to such feature.
We may make changes to these Terms from time to time. If we do, we will revise the “Last Updated” date at the top. In some cases, we may provide additional notice (e.g., an email or alert). Unless you notify us of your disagreement or stop using the Services, your continued use constitutes acceptance of any updated Terms.
1.1 License Grant. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Dovinu website, mobile applications, APIs, and AI text-to-video generation tools (collectively, the “Services”). You may only use the Services for lawful purposes and in accordance with these Terms and any applicable Supplemental Terms.
1.2 Registration. Certain features of the Services require you to create an account (“Account”). You agree to provide accurate information, update it as needed, and keep your Account credentials confidential. You are solely responsible for all activity under your Account. If you suspect any unauthorized activity, notify us immediately.
1.3 Eligibility. You represent that you are at least the age of majority in your jurisdiction, or that you have obtained the consent of a parent or guardian if required. If you are under 18 and legal majority in your jurisdiction, you must have your parent or guardian’s permission to use the Services.
2.1 User Content. You maintain ownership of any text, prompts, images, audio, video, or other materials you upload or submit to the Services (“User Content”). You grant Dovinu a worldwide, non-exclusive, royalty-free license to use and process your User Content (i) to provide, maintain, and improve the Services, (ii) to comply with applicable legal requirements, and (iii) as otherwise described in our Privacy Policy.
2.2 Generated Content. The Services use AI models to generate video outputs or other content based on User Content and text prompts (“AI-Generated Content”). You acknowledge that AI-Generated Content may not always be accurate, free from errors, or free from offensive materials. You agree to review any AI-Generated Content for compliance with applicable laws before using or distributing it.
2.3 Compliance and Restrictions. You will not use the Services to:
We reserve the right to remove User Content or AI-Generated Content that violates these Terms or poses risks to others, our infrastructure, or our reputation.
3.1 Plans. Certain features may require a paid subscription plan. Subscription pricing, features, and renewal terms will be disclosed at sign-up or within your Account. You are responsible for providing a valid payment method.
3.2 Billing. We will automatically charge your payment method each subscription period unless you cancel prior to the renewal date. All fees are non-refundable, except as required by law or explicitly stated in these Terms.
3.3 Taxes. You are responsible for all applicable taxes and duties resulting from your subscription or use of paid features.
3.4 Cancelation and Downgrade. To cancel or downgrade, follow the instructions in your Account settings. Changes will take effect at the end of your current billing cycle.
4.1 Dovinu IP. Dovinu (and its licensors) retains all right, title, and interest in and to its software, models, algorithms, trademarks, trade names, logos, and all other intellectual property related to the Services (collectively, “Dovinu IP”). Except for the limited license granted in these Terms, no license or interest is transferred to you.
4.2 Feedback. If you provide any suggestions or feedback to us regarding the Services, you grant Dovinu a worldwide, irrevocable, royalty-free license to use and incorporate such feedback without obligation.
You agree not to (a) use the Services for any illegal or unauthorized purpose, (b) resell or sublicense the Services without our prior written consent, (c) interfere with or disrupt the Services or servers/networks used to provide the Services, or (d) access or attempt to access Dovinu systems by any means other than the authorized interface.
We reserve the right to investigate suspected violations of these Terms. We may suspend or terminate your Account if you engage in prohibited activities or otherwise violate these Terms.
THE SERVICES AND ANY AI-GENERATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT AI-GENERATED CONTENT WILL MEET YOUR REQUIREMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOVINU AND ITS AFFILIATES, LICENSORS, OR SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR ONE HUNDRED DOLLARS (USD $100). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION/ LIMITATION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Dovinu, its affiliates, officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to (i) your use of the Services, (ii) your User Content, (iii) your violation of these Terms, or (iv) your violation of any rights of a third party.
These Terms remain in effect until terminated. You may terminate by ceasing all use of the Services. We may suspend or terminate your Account for any or no reason, including breach of these Terms. Upon termination, your license to use the Services ends immediately. Any payment obligations that accrued before termination remain in effect.
The Services may contain links to third-party websites or services not under our control. We are not responsible for their content, and your use of such websites or services is subject to their respective terms and policies. We disclaim liability arising from third-party websites or services.
You may not use or otherwise export or re-export the Services, except as authorized by U.S. law and the laws of the jurisdiction(s) in which the Services were obtained. You represent that you are not located in any country embargoed by the U.S. and are not on any U.S. prohibited or restricted parties list.
If you believe content on the Services infringes your copyright, please provide written notice to us at legal@dovinu.com with sufficient detail, including a description of the copyrighted work and the allegedly infringing material.
These Terms and any action related thereto will be governed by and interpreted in accordance with the laws of the state in which Dovinu is incorporated, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
These Terms, including the Privacy Policy and any applicable Supplemental Terms, constitute the entire agreement between you and Dovinu regarding the Services. They supersede all prior or contemporaneous agreements, whether written or oral. Any waiver or modification of these Terms must be in writing and signed by an authorized representative of Dovinu.
16.1 Informal Resolution. In the event of any dispute or claim arising out of or relating to these Terms or the Services (a “Dispute”), the parties shall first attempt to resolve the Dispute by good-faith negotiation. If the Dispute remains unresolved after thirty (30) days, either party may then initiate arbitration as set forth below.
16.2 Binding Arbitration. Except for small claims or claims seeking injunctive or equitable relief for intellectual property infringement, all Disputes shall be resolved by binding arbitration administered by a reputable arbitration provider in accordance with its applicable rules. The arbitration will be conducted in the county where you reside, or another mutually agreed location, in the English language.
16.3 Class Action Waiver. YOU AND DOVINU AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, MASS, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS WITHOUT THE EXPRESS CONSENT OF ALL AFFECTED PARTIES.
16.4 Waiver of Jury Trial. EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU AND DOVINU AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY FOR ALL DISPUTES COVERED BY THIS ARBITRATION CLAUSE.
16.5 Opt-Out Right. If you do not wish to be bound by this arbitration provision, you must notify us via email at legal@dovinu.com within thirty (30) days after first accepting these Terms. If you opt out, neither party will be bound by the arbitration agreement. However, all other sections of these Terms remain in effect.
For questions, comments, or concerns, please contact us:
Thank you for using Dovinu!