Last Updated :January 27, 2022
This Terms of Service (“Terms” or “Agreement”) is an agreement between you (if signing as an individual or the legal entity you represent) ("you," or “Customer,” which term shall mean the user of the Steve AI Services (as defined herein) and shall include such user’s executors, assigns, administrators and legal representatives) and Steve AI, a product of Animaker Inc., a Delaware corporation with a principal address of 1160 BATTERY ST STE 100 SAN FRANCISCO, CA, 94111 United States of America ("Steve AI", “us” or “we”) that governs your rights to use the services identified in this Agreement.
You should read the entire Agreement carefully because all of the terms are important and together create a legal agreement that, once accepted by you, applies to you. By using the Services, you represent that you have reached the age of "majority" where you live (which in the United States is typically 18 years of age) and agree to be bound by this Agreement or you are the parent or legal guardian of a minor that has an account associated with yours and you are accepting this Agreement on their behalf. A Steve AI account is necessary to use the Services. You may need to accept other terms of services and provide additional information in order to use your Account (as defined herein).
If you are using Steve AI or creating an account with Steve AI on behalf of a company, entity, or organisation, you represent and warrant that you are an authorized representative of that party with the authority to bind that party to these Terms of Service and to grant licenses set forth herein; and you agree to these Terms of Service on behalf of your party.
1.1 "Party" or "Parties" shall mean Steve AI or Customer or both, based on the context.
1.2 "Agreement", “Terms”, "hereto", "herein", "hereby", "hereunder" and similar expressions refer to these Terms of Service and not to any particular Article, Section or other portion hereof, and include any and every instrument supplemental or ancillary to or in implement hereof.
1.3 "Content" shall mean videos, photos, images, audio, music, sounds, graphics, special effects,images, logos, branding, marks and other files, information and content, including, without limitation, flash animation and flash files.
1.4 “Customer Content” means Content contributed to the Services by the Customer.
1.5 “Customer Data” means all Customer registration information and other transaction data collected, processed and retained by Steve AI in connection with providing the Services.
1.6 "Feedback" means comments, questions, suggestions or other feedback relating to Services depending on the context.
1.7 "Services" shall mean Steve AI software, content, applications and services, including services pertaining to our artificial intelligence (AI) tool that enables users to create videos and animation.
1.8 "Subscription Plan" shall mean the then-existing subscription plans for use of the Steve AI Services as selected by the Subscriber.
1.9 “User” shall mean the person who uses our Services.
In order to open an account, you will be asked to provide Steve AI with certain information, including, but not limited to: an account username, password, and email address. You are solely responsible for maintaining the confidentiality of your account and your password, and for restricting access to your computer. You are responsible for any activity on your account. Unless expressly permitted in writing by Steve AI, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. Steve AI reserves all legal rights and remedies to prevent unauthorized use of Steve AI’s services.
Customers will have all right, title and interest (including any and all intellectual property rights) in and to the Customer Data as provided to Steve AI. Subject to the terms of this Agreement, Customer hereby grants to Steve AI a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of Customer Content and display the Customer Data only to the extent necessary to provide the Services to Customer. Customer acknowledges that Steve AI may use the anonymous encrypted information for internal research and development and/or to improve the Service and any other Steve AI technology.
Steve AI does not provide an archival service. Steve AI agrees only that it will not knowingly delete any Customer Data from any Service prior to termination of Customer's applicable subscription term. Steve AI disclaims any other obligations with respect to storage. Steve AI might anonymize the Customer Data by combining with other customer’s data and use the same for improvising the provision of Services and/or for marketing purposes.This feature shall survive the termination of this Agreement.
Customer is responsible for the accuracy, content and legality of all Customer Content. Customer represents and warrants to Steve AI that Customer has all necessary rights, consents and permissions to collect, share and use all Customer Content as contemplated in this Agreement and that it will not violate or infringe (i) any third party intellectual property, publicity, privacy or other rights, (ii) any laws, or (iii) any terms of service, privacy policies or other agreements governing the Customer or Customer's accounts with any third party platforms. Customer acknowledges that Steve AI is an artificial intelligence tool that assists users in creating videos and animation based on Customer input. Therefore Customer is solely responsible for any videos, content or material created on Steve AI platform and Steve AI assumes no liability whatsoever with respect to the same.
Steve AI has premium features that can be accessed for a fee or other charge. If you elect to add any premium services to your account, you agree to the pricing and payment schedule listed on the Steve AI website, which may change from time to time. Additionally, Steve AI may add new services or modify existing services for additional fees.
Any monthly subscription plan that you purchase will not be refundable for the month in which the plan is purchased. All fees are payable in advance. In the event that Steve AI suspends or terminates your account, you understand and agree that you shall receive no refund or exchange of any credits for any unused time or services under your monthly subscription.
a. If the service becomes unavailable at any time because of technical problems or there is unreasonable delay in providing access to service, your exclusive and sole remedy is refund of the price paid without any interest.
b. There shall be no refund for partial months of service, upgrade or unused months.
c. Prices for all the services offered by Steve AI may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
Steve AI’s services are owned and operated by Steve AI. All Content, information, and other materials on Steve AI’s service platform are protected by relevant intellectual property and proprietary rights and laws. All materials are the property of Steve AI or relevant third party providers. Unless otherwise expressly stated in writing by Steve AI, by agreeing to these Terms of Service, you are granted a limited, non-sub licensable, revocable and non-transferable license to access and use Steve AI’s services. The license serves as a grant of permission by Steve AI to the Customer for the use of the Steve AI platform. Customer acknowledges that it is obtaining only a limited right to the Services and that irrespective of any use of the words "purchase", "sale" or like terms in this Agreement no ownership rights are being conveyed to the Customer under this Agreement. Any use of Steve AI’s services except as specifically authorised in these Terms of Service, without the prior written permission of Steve AI, is strictly prohibited and may violate intellectual property rights or other laws. Steve AI can terminate this license at any time for any reason.
In addition to the general restrictions in these Terms of Service, the following additional restrictions and conditions apply specifically to your use of Steve AI’s services. Please closely review the prohibited uses below. Your use of the Services means that you assent to and understand these additional terms, and that you will not:
i) Post any content that depicts sexual conduct of any person under the age of 18 (child pornography);
ii) Post any content that depicts sexual content of any person without maintaining written documentation sufficient to confirm that all subjects of your posts are over the age of 18, and have proper consent to use their image and likeness in your content; and
iii) Post any content depicting underage sexual activity, non-consensual sexual activity, revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, racial slurs, or hate speech.
You acknowledge that you are responsible for any material you may submit via the site or otherwise to us, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through the site, or communicate to us, any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”
If you provide to us any Comments, whether related to the site or otherwise, and you hereby acknowledge and agree that such Comments are not confidential, and that your provision of such Comment is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation to you. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comment that you forward to us. We are and shall be under no obligation (1) to maintain any Comment in confidence; (2) to pay compensation for any Comment; or (3) to respond to any Comment.
We may, but have no obligation to, monitor, edit or remove any Comment that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comment. You are solely responsible for any Comment you make, or that is affiliated with your account or username, and its accuracy and lawfulness. We take no responsibility and assume no liability for any Comment posted by you or any third party.
If you believe that any content on our Website or App violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”) must be provided to us.
Please submit your complaint at firstname.lastname@example.org
This Agreement begins and binds upon you on the day you successfully register with Steve AI and continue till the end of the subscription term, depending upon the Subscription Plan you choose.
If you give a notice of non-renewal of Paid Account to Steve AI, your account will by default be downgraded to Free Account. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term.
Steve AI may terminate this Agreement at any time if you breach any of the terms and conditions set out in this Agreement without giving prior notice or at any other time in its sole and exclusive discretion as set forth in this Agreement.
In the event of termination or expiration of this Agreement, you must immediately cease all use of the Steve AI Services. Apart from which, upon termination of your subscription and except for the license to distribute your videos in the manner authorized by your Subscription Plan, all of the licenses granted to you hereunder will terminate. Additionally, Steve AI may, at its option, block your access to the Services and/or delete your content and videos from its Services. The definitions, rights, duties and obligations of all parties to this agreement, will continue and shall survive any termination or expiration of this Agreement.
Should you wish to terminate this Agreement, you must email your notice of termination to the email address at email@example.com . In the event of your termination pursuant to this Section, a. this Agreement will terminate at the end of the then-current term; b. you must continue to pay all fees that come due during the remainder of this Agreement.
You agree to indemnify, defend, and hold harmless Steve AI from any claims, losses, damages, demands, expenses, costs, and liability arising out of or related to your access, use, or misuse of Steve AI’s services, including but not limited to your violation of any third-party right such as right of privacy, publicity, or Intellectual Property Rights and breach of any terms under this Agreement.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE STEVE AI SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY STEVE AI; (B) STEVE AI DISCLAIMS ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE STEVE AI SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) STEVE AI RECOGNIZES THAT CONTENT CREATION COMES IN MANY FORMS, AND THEREFORE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE STEVE AI SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) STEVE AI IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT, PHOTOGRAPHY OR VIDEOS; AND (E) WHILE STEVE AI ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE STEVE AI SERVICES SAFE, STEVE AI CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE STEVE AI SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE STEVE AI WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STEVE AI OR THROUGH THE STEVE AI SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL STEVE AI BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE STEVE AI’S SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM STEVE AI, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO STEVE AI’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STEVE AI, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE STEVE AI’S SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING STEVE AI’S SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, STEVE AI SHALL LIMIT ITS LIABILITY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE WEBSITE CREATOR AND STEVE AI OFFICERS SHALL NOT BE LIABLE FOR CONTENT OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, AND THAT ANY REMAINING HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Steve AI is an ISO 27001 certified organisation and built to cater to the privacy and security requirements of Companies and Individual Customers. In addition to this, Steve AI agrees to use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration or disclosure of any Service or Customer Data. However, Steve AI will have no responsibility for errors in transmission, unauthorized third-party access or other causes beyond Steve AI's control.
Steve AI contains third party licensed material for the exclusive use of its users. These materials have additional restrictions. While using such materials, you agree:
If third party licensed material featuring an individual(s) is used in connection with a sensitive, unflattering or controversial subject, you must include a statement that the image is used for illustrative purposes only and the individual is a model. You acknowledge that no ownership or copyrights in third party licensed material is granted to you. You further acknowledge that third party licensed material is available for use only in the website and/or mobile application and is not downloadable outside of Steve AI tools.
In the event we or the third party identify any misuse by you, we will enforce these terms of service in accordance with standard practices and policies.We will investigate and address such misuse, by curtailing your access and/or take such measures that may be appropriate in the given circumstance.
Music Pieces shall mean the music catalogue, including for avoidance of doubt the sound recordings and the musical composition as embodied therein, at each time hosted in Steve AI platform.
The Users may only use the Music Pieces under and subject to the rights and licenses granted under or in accordance with this Agreement. All rights and licenses granted hereunder are non-exclusive, non-transferable and non assignable and may not be sub-licensed. Nothing contained in this Agreement shall be construed as transferring to any Party any title or ownership right or granting any rights other than as explicitly set out in this Agreement, in any intellectual property owned by the other Party. For avoidance of doubt, Users do not acquire any rights of ownership as a result of this Agreement in relation to any Music Pieces and the metadata relating thereto. The Music Pieces and the metadata relating thereto are the sole property of respective licensors who have licensed music to Steve AI.
Users are not entitled, to:
(a) use any Music Piece in
(i) TV shows, (ii) feature films, (iii) radio/podcast productions or similar, (iv) vignettes/theme songs, (v) corporate identification material (meaning sound-logos) or (vi) traditional media advertisements/commercials (meaning productions published within paid media space, such as, but not limited to; TV/cinema/radio/podcast commercials and out of-home displays, but excluding any online advertisements such as pre/mid/post roll);
(b) use the Music Pieces in connection with any material that is defamatory, illegal or inciteful of an illegal act; immoral; racist; hateful or discriminating against any person based on for example race, nationality, religion, ethnic identity, gender, gender identity or sexual orientation; constitutes encouragement of violence or use of weapons; pornographic; or in a manner or context that otherwise violates any rights of anyone associated with the Music Pieces or that otherwise violates any rights of anyone associated with the Music Pieces and/or any third party;
(c) change or edit the Music Pieces or parts thereof, but may cut them as required for inclusion in the User Content;
(d) make available, or in any other way exploit the Music Pieces
(i) for the purpose of making the Music Pieces (in whole or in part) available on a stand-alone basis, hence without being synchronized with any production in accordance with the purposes of this Agreement, including, but not limited to, uses where complete or almost complete Music Pieces, on its own or as part of a compilation, are combined with accompanying visual/narrative elements that are of subordinate importance (such as still image(s), panning motions or other limited animation/video/audio) or where the production is tantamount to use of the Music Pieces on a standalone basis, and/or uses of any Music Piece(s) in an End-User Production for the purpose of creating a music listening experience;
(ii) in any way that is intended to allow third parties to download and/or otherwise access or use the Music Pieces on a stand-alone basis, including without limitation in any digital templates or other applications enabling end users to synchronize or otherwise combine the Music Pieces with other content, or in any manner enabling users to create or order on demand products (such as electronic greeting cards or ringtones) or make the Music Pieces available in any physical products (e.g. in speakers);
(iii) in any way to repackage the Music Pieces or upload/use them (in whole or in part) as for example audio samples, sound libraries, sound effects, music beds or upload them in any music recognition systems for any purpose and/or in any way use, distribute or otherwise exploit the Music Pieces as the User’s Content; or
(e) incorporate any End-User Production containing any Music Piece in a software application or video game.
In the event that any provision of these Terms of is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service Such a determination shall not affect the validity and enforceability of any other remaining provisions.
This Agreement shall be governed in accordance with the laws of the State of California, United States of America. All disputes under this Agreement shall be resolved by litigation in the courts of the State of California, United States of America, including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
Any and all claims and disputes arising under or relating to this Agreement and/or the Services are to be settled by binding arbitration in the State of California, United States of America. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the software services industry and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. No claims and disputes arising under or relating to this provision may be brought by a user more than one (1) year after the event giving rise to the cause of action has occurred or should diligently be discovered. Notwithstanding the foregoing, the parties shall be free to bring a request for injunctive relief before a court of competent jurisdiction in the event of immediate and irreparable harm.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision. Any waiver by us must be obtained through writing and must be signed by all relevant parties in order to be effective.
You hereby acknowledge and agree that all information, written and oral, concerning Steve AI’s Services furnished from time to time to you is provided on a confidential basis. You further acknowledge and agree that you will not disclose such information, other than where such disclosure is required by law or where such information is already available to the public other than as a result of disclosure by Steve AI, to anyone other than Steve AI's officers, directors, employees, legal counsel, accountants, or authorized agents or advisors, who will agree in writing to be bound by the provisions of this Section.
We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargoes, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
Steve AI may engage subcontractors, agents and or any third party consultants and permit them to exercise the rights granted herein, to provide the Services under this Agreement. However it is understood that Steve AI will be responsible for compliance of all terms and conditions and performance of obligations under this Agreement.
If you have any questions about these Terms of Service, please email us at firstname.lastname@example.org