Terms of Service

1. Acceptance of Terms

By accessing or using Smart Digital Video ("the Service") at www.smartdigitalvideo.com, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. By using the Service you represent that you meet this requirement. Users under 18 must have parental or guardian consent.

3. Account and Authentication

The Service uses Replit OAuth for authentication. You are responsible for maintaining the security of your Replit account and for all activity under your account. Notify us immediately of any unauthorised use.

4. Credits and Subscriptions

• Credits are consumed when AI generation tasks are executed. Failed generations automatically refund unused credits.
• Monthly subscription credits are granted at the start of each billing period and added to your balance. Unused credits roll over.
• Credits have no cash value and are non-transferable. Credits are forfeited upon account termination.
• Subscription fees are billed monthly in advance. See our Refund Policy for cancellation terms.

5. User Content and Licences

You retain all ownership rights in content you upload (music, images, text). By uploading content you grant us a limited, non-exclusive, royalty-free licence to process and store that content solely to provide the Service to you.

You represent and warrant that you own or have the necessary rights and licences to any content you upload, and that your use of that content does not infringe any third-party intellectual property rights, including music copyright.

6. AI-Generated Content

The Service produces AI-generated images and video using third-party AI models. You own the output generated from your inputs to the extent permitted by applicable law and the terms of the underlying AI providers. We make no representation that AI-generated content is free from third-party intellectual property claims.

No guarantee of results. AI generation is inherently probabilistic. We do not guarantee that the Service will produce any particular output, quality, or style. Credits consumed in a successful generation run are non-refundable regardless of whether you are satisfied with the result.

7. Prohibited Uses

You agree not to use the Service to:

• Generate, upload, or distribute illegal, harmful, defamatory, or obscene content.
• Infringe any third-party intellectual property, privacy, or publicity rights.
• Reverse engineer, decompile, or attempt to extract source code from the Service.
• Scrape, crawl, or use automated means to access the Service without permission.
• Resell, sublicense, or commercially exploit the Service or any AI outputs without our consent.
• Attempt to bypass authentication, rate limits, credit checks, or any other access controls.
• Upload malware or any code designed to disrupt, damage, or gain unauthorised access to systems.

8. Intellectual Property

The Smart Digital Video platform, including its software, design, branding, and non-user-generated content, is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, or redistribute any part of the platform without our express written permission.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

10. Limitation of Liability

To the fullest extent permitted by law, our total liability to you for any claim arising from your use of the Service shall not exceed the amount you paid us in the 3 months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages.

11. Termination

We may suspend or terminate your access at any time for violation of these Terms or for any other reason at our sole discretion. Upon termination, your right to use the Service ceases immediately. Sections 6, 8, 9, 10, and 12 survive termination.

12. Governing Law

These Terms are governed by the laws of the jurisdiction in which we operate. [OWNER — please insert your applicable jurisdiction here.] Any disputes shall be resolved through binding arbitration or the courts of that jurisdiction.

13. Changes to Terms

We may update these Terms at any time. We will notify you of material changes via email or a prominent notice on the platform at least 14 days before changes take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

14. Contact

For questions about these Terms: legal@smartdigitalvideo.com