Kapwing AI

" Through our services, you may generate images, audio, and video layers using AI technology (referred to here as “created scenes”). You agree not to use our Services to create, display, or transmit created scenes that are (i) deceptive, illegal, abusive, fraudulent, threatening, or otherwise harmful, including but not limited to impersonation, disinformation, defamation, child-exploitation, or promoting of self harm, discrimination, or violence. Created scenes must respect the rights of others, and you must ensure that you have the necessary rights or consents. Created scenes that represent real individuals without explicit consent or that contain illegal or defamatory content are strictly prohibited. You are responsible for ensuring that any scenes or images you create do not violate our prohibited content guidelines or infringe on the rights of others. When generating “imaginary scenes” feature supported by Mellis, Inc. you agree to abide by the Pika AUP, available at:  https://pika.art/acceptable-use-policy We reserve the right to remove any content you post for any reason. We use YouTube's API services in connection with the Kapwing Service to provide certain features. By using the Kapwing Service, you agree to be bound by the YouTube Terms of Service . Kapwing is not responsible or liable in any manner for, and we make no endorsement, representations or warranties regarding, the YouTube API services."

"Service providers and business partners that are provided information under this section will not use personal data for any other purpose. If we become aware that a business partner or service provider is processing your personal information in a way contrary to this privacy policy, we will take reasonable steps to prevent or stop such processing. Last, we will, in our sole discretion, disclose your personal data to third parties in certain additional limited cases: (1) when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with Kapwing’s rights or the rights of our customers or vendors; (2) when we believe in good faith that the law requires us to do so; (3) to a subsequent owner, co-owner, or operator of a site or applicable database in connection with a merger, consolidation, or restructuring, or the sale of substantially all our interests and/or assets, or other corporate change, including during the course of any due diligence process; and (4) in situations involving threats to the physical safety of any person. The app also uses third party services that may collect information used to identify you. These third party services include but may not be limited to the Facebook and Google OAuth login. The terms of this privacy policy do not apply to the methods for collecting information used by such third parties or the use of the information they collect. "

" Pricing and Plan availability may vary by location. Once you have upgraded to a Kapwing Paid Plan, a refund will not be provided as set forth in these terms. All paid plan subscriptions are automatically renewed on a monthly or annual basis, depending on the selected billing cycle. You can cancel your subscription at any time. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed. Read our full Refund Policy for more information. As a member of a Kapwing Paid Plan, you will be charged for each member in your workspace. Adding members will result in immediate charges for the remaining time in your billing cycle. Note that all members must be on the same billing cycle and refunds are not available."

" You own the rights to the content you create and post on Kapwing. When you post content to Kapwing, you retain ownership of the rights to that content. However, by posting it on Kapwing, you grant us a non-exclusive license to publish it on Kapwing Services, as well as any related activities such as storing, displaying, reformatting, and distributing it. In exchange for providing you access to our Services, you agree that we may include advertising on ourServices in connection with the display of your content or other information. We may also use your content for promotional purposes, such as to promote Kapwing and its products and content. We will never sell your content to third parties without your explicit permission. You are solely responsible for the content you post on Kapwing and you assume all risks associated with it, including the reliance of others on its accuracy and any claims related to intellectual property or other legal rights. You’re welcome to post content on Kapwing that you have already published elsewhere, as long as you have the necessary rights to do so. By posting content to Kapwing, you represent that doing so does not violate any other agreement you’ve made. By posting content to Kapwing, you represent that doing so does not violate any other agreements you may have made. If you post content that you did not create, you must have the right to do so, such as if the content is in the public domain, used under license (including a free license like Creative Commons ), or falls under the fair use doctrine. "

" Users can explore the website, view content, and create new digital media using our tools without providing any personal information. Our service only collects personal information about a user if the user registers for Kapwing by signing in. For a better experience while using our service, we may require you to provide us with certain personally identifiable information. We retain and use that information as described in this privacy policy. You agree that we may use the personal information you submit to us in order to: Accomplish our business purposes, including to deliver or provide our services, establish or maintain customer or business relationships, improve our services, provide access to Internet-based or e-commerce activities, perform accounting functions, and conduct other activities as necessary or appropriate in connection with our services. Market our products and services to you, including to send you information about products, services, or promotions (you may opt out of these promotional communications by following the opt-out instructions in each message). Send you service updates, announcements, and alerts related to our services, including notices of security incidents, downtime, or planned maintenance. In addition, Kapwing may transfer or disclose personal data to our service providers under written contracts as needed for such service providers to perform services on our behalf, including to fulfill our obligations to you. "

" Other information that identifies or can be reasonably associated with you (e.g., information you voluntarily provide as you use our services, such as additional profile information or user-generated content) The Sources From Which the Categories of Personal Information Are Collected We collect personal data directly from information you provide to us; indirectly from our affiliates, service providers, and other vendors; and indirectly through your interactions with websites or advertisements."

" If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to: Inform you about the categories of personal information we collect or disclose about you and the categories of sources of such information Inform you about the business or commercial purpose for collecting personal information and the categories of third parties with whom we share/disclose personal information (which is also disclosed in this privacy policy) Provide you with the specific pieces of personal information we collect about you"

" If you are a California resident, the CCPA provides you with the right to opt out of the "sale" of your "personal information." We may allow some of our advertising partners to collect certain pieces of information from our site visitors, such as device identifiers, cookies, advertising IDs, IP addresses, and usage activity, so that we and our partners can deliver ads that are more relevant to you. This type of information sharing with our advertising partners may be considered a "sale" under the CCPA. If you want to opt out of these activities, please contact us at [email protected] . Please note that some or all of the Services may not function if you choose to opt out of such activities. If you are a California resident, California Civil Code Section 1798.83 allows you to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for the third parties’ direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding twelve calendar months. If you are a California resident and would like to make such a request, please submit your request in writing to our privacy inbox at [email protected] ."

" Disclaimer of warranty. Kapwing provides the Services to you as is. You use them at your own risk and discretion. That means they don’t come with any warranty. None expressed, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement. Limitation of Liability. Kapwing will not be liable for any damages that may arise from your use of the Services, including but not limited to damages resulting from hacking or unavailability of the Services. This includes all types of damages, such as indirect, incidental, consequential, special, or exemplary damages, and all kinds of legal claims, including but not limited to breach of contract, breach of warranty, tort, or any other loss. No waiver. If Kapwing doesn’t exercise a particular right under these Terms, that doesn’t waive it. Severability. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect. Changes to the Service. Kapwing reserves the right to add, change, or remove features or functionality of the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time. Choice of law and jurisdiction. These Terms are governed by California law, without reference to its conflict of laws provisions. "