Terms of Service

1. Acceptance of Terms

By accessing or using MotionMax ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use the Service. These terms apply to all visitors, users, and others who access the Service.

2. Description of Service

MotionMax is an AI-powered content creation platform that allows users to generate videos, audio narratives, and visual content from text inputs. The Service is provided on a subscription basis with various plan tiers as described on our Pricing page.

3. Account Registration

To use the Service, you must create an account by providing a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

You must be at least 18 years of age to create an account and use the Service.

4. Acceptable Use

You agree not to use the Service to:

• Generate content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Violate any intellectual property rights of third parties
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Upload or transmit viruses or any other malicious code
• Attempt to gain unauthorized access to any portion of the Service
• Generate synthetic media (deepfakes) of real individuals without their explicit consent
• Use the Service for any commercial purpose that violates applicable law

We reserve the right to terminate accounts that violate these usage policies.

5. Intellectual Property

You retain ownership of the content you provide as input to the Service (your scripts, documents, and text). By submitting content to the Service, you grant MotionMax a limited, non-exclusive license to process that content solely for the purpose of providing the Service to you.

The AI-generated outputs produced by the Service are owned by you, subject to the limitations of the underlying AI model licenses and any applicable terms of the third-party AI providers used to generate that content. These providers include Kling (image-to-video), Hypereal (image generation), ElevenLabs (voice synthesis and voice cloning), and Google Gemini (image generation and research), among others. You are responsible for reviewing and complying with the usage rights and restrictions published by each provider. MotionMax retains all rights to the Service itself, including its software, design, and underlying technology.

6. Credits and Billing

The Service operates on a credit-based system. Credits are consumed when generating content. Monthly subscription credits expire at the end of each billing period. Purchased credit packs do not expire but are non-refundable once consumed.

Current plan limits — including credits per month, maximum resolution, voice clone slots, and Smart Flow generation caps — are published on the Pricing page and incorporated into these Terms by reference. Specifically: the Free tier includes 150 one-time credits with 720p output, no voice cloning, and a 3-video Smart Flow cap; the Creator plan includes 500 credits/month at 1080p with 1 voice clone; and the Studio plan includes 2,500 credits/month at 4K with 5 voice clones. MotionMax reserves the right to adjust plan limits with 30 days' prior notice.

Subscription fees are billed in advance on a monthly or annual basis. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period. No partial refunds are issued for unused subscription periods.

7. Voice Cloning

If you use the voice cloning feature, you represent and warrant that you have the legal right to clone the voice being recorded — either your own voice or a voice for which you have obtained explicit written consent from the voice owner. Using voice cloning to impersonate individuals without consent is strictly prohibited and may result in immediate account termination and legal liability.

8. Synthetic Media Disclosure (EU AI Act Art. 50)

All videos, images, voiceovers, and audio produced by the Service are AI-generated synthetic media. If you publish, distribute, or otherwise make available to the public any content generated by the Service — particularly within the European Union — you are responsible for clearly and conspicuously labelling that content as artificially generated or manipulated, in accordance with Article 50 of Regulation (EU) 2024/1689 (the "AI Act") and any equivalent jurisdictional requirements.

For users on the Free plan, MotionMax burns a visible "AI-Generated" watermark into all exported videos. Users on paid plans may remove the visible watermark, but remain solely responsible for adequate labelling of AI-generated content as required by applicable law. MotionMax may also embed cryptographic provenance metadata (e.g. C2PA Content Credentials) into exports; the absence of such metadata does not relieve you of any disclosure obligations.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. MotionMax does not warrant that the Service will be uninterrupted, error-free, or that AI-generated content will meet your specific requirements.

10. Limitation of Liability

To the fullest extent permitted by law, MotionMax shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to loss of profits, data, or goodwill. Our total liability for any claim arising from these terms or your use of the Service shall not exceed the amount you paid us in the twelve months preceding the claim.

11. Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms of Service, with or without notice. Upon termination, your right to use the Service ceases immediately. You may export your generated content before termination; we will make reasonable efforts to provide access for a brief period following notice of termination where possible.

12. Changes to Terms

We may update these Terms of Service from time to time. We will notify users of material changes via email or a prominent notice on the Service. Continued use of the Service after changes constitutes acceptance of the updated terms.

13. Auto-Renewal Disclosure

Paid subscriptions automatically renew at the end of each billing period (monthly or annual) at the then-current rate unless you cancel before the renewal date. You will receive an email reminder before your renewal date. To cancel, visit your account settings or contact us at support@motionmax.io. Cancellation takes effect at the end of the current billing period; you retain access to the Service until that date.

14. EU Consumer Right of Withdrawal

If you are a consumer located in the European Union or European Economic Area, you have the right to withdraw from a purchase of a digital service within 14 days of the transaction date (the "cooling-off period") without giving any reason, in accordance with the EU Consumer Rights Directive.

Waiver of withdrawal right: By accessing or using the Service (including initiating any content generation) before the 14-day cooling-off period has expired, you expressly request immediate performance of the contract and acknowledge that you lose your right of withdrawal once the service has been fully performed. If you have not yet accessed the Service, you may exercise your right of withdrawal by contacting us at support@motionmax.io within 14 days of purchase.

15. Dispute Resolution

Before initiating any formal legal proceeding, you agree to provide MotionMax with written notice of your dispute at support@motionmax.io, describing the nature of the claim and the relief sought. MotionMax will have 30 days from receipt of this notice to attempt to resolve the dispute through good-faith negotiation. If the dispute is not resolved within that period, either party may pursue the remedies described in Section 15.

16. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any dispute that cannot be resolved through the process described in Section 14 shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you consent to personal jurisdiction in such courts. Nothing in this section limits the rights of EU/EEA consumers under mandatory local consumer protection laws.

17. Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

18. Contact

If you have questions about these Terms of Service, please contact us at support@motionmax.io.