Terms of Service

1. Definitions

• "User", "you" – any individual or entity using the Service.
• "Content" – videos, fonts, and other files uploaded by you and any related materials.
• "Clips/Thumbnails" – short video fragments, generated titles, descriptions, and thumbnail images created by the Service.
• "Account" – a user account identified by login methods (e.g., Google or TikTok OAuth) and related data.
• "Usage" – allowance for consuming paid functionality.

2. Account and Access

• You must be at least 18 years old to use the Service.
• You must provide accurate information and keep your login credentials secure.
• You are responsible for all activity under your Account. Notify us at support@hypenest.ai of any unauthorized access.
• We may suspend or restrict access if we detect violations, abuse, or security risks, or if required by law.
• By creating an account, you agree to receive transactional emails and may optionally receive marketing communications. You can unsubscribe from marketing emails at any time.

3. Service Overview

The Service allows you to:

• Upload a video;
• Generate suggested titles and descriptions;
• Generate relevant tags/hashtags;
• Create thumbnails;
• Automatically cut the video into clips/fragments;
• Add AI voice-overs and dub clips into other languages, including speech in a synthetic copy of a speaker's voice made from a short sample of your Content.

The Service uses AI/ML models and external APIs (e.g., OpenAI, OpenRouter, ElevenLabs, Replicate, FFmpeg) to perform these functions. Some features may be available only on paid plans.

4. Your Content and License to Us

• You retain ownership of your uploaded videos and any rights you hold in other Content.
• By uploading Content, you grant us a worldwide, non-exclusive, royalty-free license to store, process, analyze, and generate derivatives (titles, descriptions, tags, thumbnails, clips) for the purpose of providing the Service.
• You confirm you have the rights to upload and process the Content and that it does not infringe third-party rights.
• You are responsible for compliance with laws and third-party platform policies (e.g., YouTube, TikTok).
• When you use a feature that recreates a person's voice (such as dubbing in the speaker's voice), you confirm that every person whose voice is recreated has given explicit, informed consent, or that you hold another valid legal authorization. You must not recreate the voice of anyone under 18.
• Fonts you upload are available only in your account. You confirm that the font license allows the font to be used in your videos and to be processed on our servers to render them. You are solely responsible for complying with that license.
• To the extent permitted by law, you will indemnify HypeNest against third-party claims arising from Content you upload or from your breach of these Terms.

5. Acceptable Use

You must not:

• Upload unlawful, infringing, hateful, pornographic (including minors), violent, fraudulent, or malicious Content.
• Circumvent technical restrictions, scrape or attack the Service, or resell access without consent.
• Violate third-party API or platform terms.
• Impersonate a real person or organization, or falsely suggest their endorsement or affiliation, including with a synthetic voice.
• Use AI-generated speech to deceive or defraud, or to fabricate evidence or statements of a real person.
• Remove or conceal watermarks, metadata, or other signals that mark audio as AI-generated, or present AI-generated speech as a genuine recording where this would mislead people. Where the law requires it (e.g., the EU AI Act), you must disclose that published audio is AI-generated.

6. Payments, Plans, and Usage

• HypeNest offers a Free plan plus paid Lite, Starter, and Pro plans (see /pricing). Plan allowances and limits are shown in the UI before they apply.
• Promo codes are subject to rules; abuse may result in revocation.
• For paid plans, payments are non-refundable unless expressly stated in the Refund Policy. Applicable taxes and fees may apply.

7. AI Processing and Result Quality

• Outputs (titles, descriptions, tags, thumbnails, clips, voice-overs, dubbed audio) are generated by AI/ML and may contain errors.
• You agree to review outputs before using or publishing them.
• We are not responsible for consequences of inaccurate or inappropriate results.

8. Third-Party Integrations

• If you connect external platforms (e.g., YouTube, TikTok), you authorize the Service to act on your behalf within granted scopes (e.g., uploading clips, updating metadata).
• We do not control third-party rules or availability.

9. Privacy and Security

• Personal data is processed under our Privacy Policy.
• Data collected may include email addresses, OAuth IDs, uploaded files, generated assets, and processing logs.
• We take reasonable measures to secure data but cannot guarantee absolute protection.

10. Data Storage and Deletion

• We may store uploads, generated assets (titles, descriptions, tags, thumbnails, clips), and logs to provide and improve the Service.
• You may request deletion by emailing support@hypenest.ai. Some backups may persist for a limited time.
• Content already published to third-party platforms must be deleted through those platforms.

11. Service IP and Restrictions

• All rights in the Service (software, models, design, databases) belong to HypeNest and licensors.
• You receive a limited, non-exclusive license to use the Service as described.
• Unauthorized copying, modification, or redistribution is prohibited.

12. Reporting Illegal Content and Copyright

support@hypenest.ai is our single point of contact for users and for authorities, including notices under the EU Digital Services Act (Regulation (EU) 2022/2065). We communicate in English and Polish. To report Content you believe is illegal or infringes your rights, including use of your voice or likeness without your consent, email us with:

1. An explanation of why you consider the Content illegal or infringing;
2. A clear indication of where it is (for example, a link, project or clip name);
3. Your name and email address, unless the report concerns child sexual abuse material;
4. A statement that you believe in good faith that the report is accurate and complete;
5. For copyright reports, proof or a description of the rights you hold;
6. For reports about a voice or likeness, a statement that you are the person concerned or are authorized to act for them.

We confirm receipt, review each report diligently and objectively, and tell you what we decided. Where Content is illegal or breaches these Terms, we may remove it or disable access to it, restrict features, or suspend or terminate the Account. Where we suspect a criminal offence involving a threat to life or safety, including child sexual abuse material, we report it to the competent authorities.

If we remove your Content or restrict your Account, we tell you by email what we did, why, and on which basis (law or these Terms), unless the law prevents us. You can contest the decision by replying to that email within six months; a person, not an automated system, reviews it. You may also use other remedies available to you, including the courts.

We may suspend, for a reasonable period and after a warning, the processing of reports from people who frequently submit manifestly unfounded ones.

13. Disclaimers

• The Service is provided "AS IS" and "AS AVAILABLE."
• We make no warranties regarding uninterrupted operation, error-free output, or accuracy of AI results.

14. Limitation of Liability

• To the fullest extent permitted by law, HypeNest and affiliates are not liable for indirect, incidental, consequential, punitive, or special damages, including lost profits, data, or goodwill.
• Aggregate liability is limited to the total amount you paid in the 12 months before the claim.

15. Termination

• You may stop using the Service at any time.
• We may suspend or terminate your access for violations, legal requirements, or security concerns.
• After termination, your data may be deleted as described in Section 10.

16. Governing Law and Disputes

• These Terms are governed by the laws of Poland and applicable EU law, unless mandatory consumer protections in your jurisdiction apply.
• Disputes will be resolved by the competent courts in Poland.

17. Changes to the Terms

• We may update these Terms by posting a new version with a new "Last updated" date.
• Continued use constitutes acceptance of the updated Terms.
• For material changes, we may notify you by email or within the Service.
• You will continue to receive important service-related emails (security, legal, account) even if you opt-out of marketing communications.

18. Contact

• Email: support@hypenest.ai

Annex A. Sample Usage Charges

• Generate titles/descriptions/tags – per request.
• Create thumbnails – per image.
• Clip generation – per minute of video.

Rates and limits shown in UI and subject to change.

Annex B. Content Restrictions

• Do not upload Content you lack rights to or that violates laws.
• Temporary files (frames, assets) may be auto-deleted after processing.