Effective date: April 22, 2024

AI Creators Terms and Conditions

Welcome to the AI Creators feature (the “AI Creators” or the “Feature”) of the Captions service. The Captions service is a video editing software platform, website and online and/or mobile service (“Captions Service”) provided by Captions, LLC (“Captions,” “we,” “our,” or “us”). The Captions Service is governed by Captions’ Terms and Conditions, which can be found at https://www.captions.ai/legal/terms (“Captions Terms”). These additional AI Creators Terms and Conditions (“AI Creators Terms”) are incorporated by reference into the Captions Terms (collectively with the AI Creators Terms, the “Agreement”) and are the binding legal agreement that governs your application to, access to, and use of AI Creators. If a conflict exists between the Captions Terms and the AI Creators Terms, the AI Creators Terms take priority with respect to your access and use of AI Creators.

This Agreement applies to all visitors, users, and others who apply to, access, or otherwise use the Feature (“Users,” “you,” “your”). By applying to, accessing, or using the Feature, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by this Agreement, whether or not you are a registered user of the Captions Service. Captions reserves the right to modify the Agreement and will provide notice of these changes as required by law.

1. Overview of AI Creators

Captions’ AI Creators feature is an artificial intelligence (“AI”) tool that enables Users to create content, including for their own advertising or other purposes, using Captions-generated avatar images and its voice generation features. Users may select an avatar from the Feature’s options and prepare a script or respond to the Feature’s prompts about the subject of their script (e.g., desired topic or subject of advertising) and submit information that may be used to generate a script. The Feature may also gather information from third party links you provide to inform the script or prompt, including possible integrations. Alternatively, Users may create their own avatar using a preloaded script and a video they record of themselves or their friends (where each recorded friend has agreed to participate) reading that script into the Captions camera and microphone. Using the information you provide, AI Creators will generate variations on a sample video or advertisement (“User Video”), which the User may use, revise, save, or reject. For a personalized avatar to generate a User Video, the recording must be at least one minute in duration.

2. Eligibility

AI Creators is only available to those Captions Users with certain Captions Service subscriptions (“Eligible Subscriptions”). Eligibility and applicable conditions for use of the Feature will be set out in our subscription descriptions. Any use or access to the Feature by anyone under 18 is strictly prohibited and a violation of this Agreement. The Feature is not available to any Users previously removed from the Captions Service or otherwise prohibited from using the Feature.

You may only use the Feature in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.

3. Limited License

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Feature for your personal, noncommercial use only and as permitted by the Feature’s functionality. Notwithstanding anything else herein, Users may use a User Video for their own purposes, which may include commercial use, for so long as they have the necessary subscription. Captions reserves all rights not expressly granted herein in the Feature and the User Video.

Upon cancellation or other reason for termination of the Eligible Subscription, you may no longer access or use the Feature or User Videos hosted on the Services. Captions may terminate your license to use the Feature at any time for any reason or no reason. Your use of the Feature is at your own risk. As described in the Captions Terms, we take no responsibility and assume no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. For example, and without limitation, if you make your avatar or other User Content available for brands or other third parties, we are not responsible and assume no liability for how those other parties use, disclose (including for their own marketing purposes), or otherwise process your User Content.

4. Your Responsibility for Your User Video.

We do not own your User Video, and you, not Captions, will have sole responsibility for the accuracy, legality, reliability, appropriateness, and intellectual property ownership or right to use your User Video and the content used to generate it. In connection with your User Video, you represent and warrant that:

You have all necessary rights to disclose the information you submit to the Feature or otherwise use in connection with developing a User Video, The submission of information or use of it with the Feature will not violate any third-party’s intellectual property, privacy, confidentiality, or other legal rights.
You will not include or record others in your video, unless that individual is over 18 and expressly grants User permission to record them using the Feature to create an avatar.
You will include appropriate disclosures in your User Videos, whether or not using tools available through the Feature, to communicate, where applicable, that the User Video is an advertisement and that AI was used in generating it, and as required to comply with applicable law, including but not limited to endorsement disclosures required under the FTC Act.
You will not state, suggest, or otherwise communicate that Captions endorses you or your User Video.

5. Integrations with Third-Party Platforms

Captions may allow for integration (via an API or other process) with your accounts on third-party platforms so that you can use information from those accounts in creating your video content on Captions. If you choose to integrate, you represent and warrant that you have the rights to access, integrate, and use the third-party integrated account with Captions in this way. Such activity does not violate any obligations or restrictions of your integrated account or the content it contains. We are not responsible for any third-party platforms or for any issues arising from you integrating those third-party accounts with Captions. The availability of any integration to a third-party platform does not mean we endorse, support, or warrant the third-party platform.

6. Captions Right to Remove Your User Video.

You acknowledge and agree that Captions may or may not, in its sole discretion, pre-screen or otherwise monitor User Videos before or after they are generated but has no obligation to do so. We reserve the right in our sole discretion, but do not assume the obligation, to reject, move, modify, or remove any User Videos from the Service, including any User Videos that violate the Agreement or are otherwise objectionable.

7. Acceptable Uses of Feature and User Videos

You may not use the Feature or a User Video in ways that:

Violate the intellectual property rights or other rights of any party including, without limitation, recording a person or creating an avatar of them without their consent;
Create trademarks, design-marks, service-marks, or other similar protected or registrable rights.
Impersonate, or create deceptive or misleading content about, another without their permission another without their permission;
Record a person or create an avatar of them without their consent;
Involve or create content that may be used as or is part of non-fungible tokens (NFTs) or similar.
Share or threaten to share the personal information of an individual without consent;
Transmit or procure the sending of any “junk mail,” “chain letter,” “spam,” solicitations or other forms of unsolicited communications.
Depict pornography, sexually explicit or obscene content, which includes but is not limited to nudity, explicit sexual acts, or child exploitation;
Facilitate, solicit, or participate in illegal acts, including illegal gambling or gambling-adjacent activities;
Promote or encourage illegal, excessive, or underage use of alcohol, tobacco, and other drugs;
Portray alongside or in connection with regulated or not age-appropriate goods or services including, but not limited to alcohol, tobacco, nicotine (including vaping products), psychoactive substances, firearms, gambling, contraceptives, sex toys, escort services, dating services, adult entertainment venues and similar.
Contain profanity or vulgarity,
- Including obscene uses of symbols, emojis, or gestures;
- Emojis or gestures which contain implicit or explicit vulgarity;
Promote sales of lethal weapons or explosives and their regulated accessories (whether legal or not);
Promote, coordinate, or engage in harassment of an individual or group, or violent extremism;
Contain hate speech or engage in other hateful conduct;
Threaten harm to another individual or group of people;
Contain content that is inflammatory, demeaning, dangerous, misleading, or excessively violent;
Promote or solicit endangering behaviors or activities to yourself, others, or animals or glorify, promote, or normalize suicide or other acts of physical self-harm;
Make false, misleading, or unsubstantiated statements, including about the health, financial, or other benefits or qualities of the subject of a User Video.
State, suggest, or otherwise communicate that Captions endorses you or your User Video.