Terms of Use

Effective date: May 1, 2022

This DeepFaker App Terms of Service Agreement (the "Agreement" or "Terms of Service") is made between DeepFaker App (“DeepFaker”, "we," "us," or "ours") and you, our customer ("you" or "your"), and governs your use of our DeepFaker App video editing app (the "Service"). This Agreement governs your use of this Service. For support inquiries, please contact us here.

1. Acceptance

By creating an account, creating videos, making a purchase, downloading our apps, or otherwise visiting or using our Service, you accept this Agreement and consent to contract with us electronically.

If you are an entity other than a natural person, the person who registers the account or otherwise uses our Service must have the authority to bind the entity. In this context, "you" means both the entity and each person who is authorized to access the account.

We may update this Agreement by posting a revised version on our website. By continuing to use our Service, you accept any revised Agreement.

This Agreement includes our Privacy Policy. Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.

2. Our Services

Scope of the Services: We reserve the right to change the Services scope listed herein and change/introduce prices and fees applicable to the Services at any time for any reason in its sole discretion and without notice. We are entitled to stop or restrict the provision of the Services in full or in part toward a certain user. We retain powers to discontinue provision and/or support of the Services without any prior notice.

Service License: Subject to the terms hereof, we grant you access to our Service. This includes the right to create and distribute videos using our AI-based technology. The features available to you will depend on your plan. We may change features from time to time. If you have a paid account, we commit to providing the core features of your plan during your current service period.

Downloadable Software: We may offer applications for devices ("apps") directly or through third-party stores. As between us and any third-party platform (e.g., Apple App Store or Google Play), we are responsible for operating, maintaining, and supporting the apps.

3. Accounts

Registration: You may create an account to use certain features we offer (e.g., creating or uploading videos).

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity.

4. Subscription and Pro Features

We offer you additional services or functions (also referred to as the “PRO Features”) on the terms of paid subscription. You may choose to pay for PRO Features on a weekly (the “Weekly Subscription Plan”), monthly (the “Monthly Subscription Plan”), or annual (the “Annual Subscription Plan”) basis (collectively referred to as the “Subscription Plans”, and each individually as a “Subscription Plan”).

Some Subscription Plans may be available for specific digital marketplace only. We in our sole discretion determine which Subscription Plans will be available on the respective digital marketplace. The fee of each Subscription Plan will be displayed in the Application.

The subscription period starts immediately after the initial subscription payment is processed. Unless otherwise mentioned in the Application, your subscriptions will be renewed automatically and the term of and the fee applicable to the initial subscription shall apply to such renewed subscription. Should you decide to cancel your subscription, please check the instructions on Google Play Store /App Store support pages.

You will not receive a prorated refund when you cancel the subscription. You will continue to have the access to the PRO Features until the end of the prepaid period of the respective Subscription Plan. Following the cancelation of the subscription, you will still be obligated to pay other charges incurred by you during the use of the PRO Features before the cancellation date.

We may offer free trial periods or discounted subscriptions. When a free trial period ends, your paid subscription begins (unless you have canceled) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.

Pricing and Payments: The fee and other terms of the Subscription Plans may be revised by us from time to time at our sole discretion. We will notify you of changes to the fee and other terms of the Subscription Plans reasonably in advance of their effective date. You may cancel your subscription if you do not accept the fee and other terms of the Subscription Plans as revised by us. Subject to applicable law, you accept the revised fee and other terms of the Subscription Plans by continuing to use the Services after such revised fee and other terms of the Subscription Plans become effective.

By activating a Subscription Plan, you confirm and acknowledge that your subscription will be automatically renewed and, unless you cancel your subscription or free trial period (as applicable) within the term that excludes automatic charging of applicable subscription fee, you authorize us to charge your payment method for the renewal term. The payment should be performed via the method and in the amount indicated in the Application for the respective Subscription Plan at the time of the purchase. You are responsible for the payment of all fees, charges, and taxes (if required by applicable law) applicable to the transaction.

Refunds: Your fees paid to us may be refunded if required under the applicable laws or according to refund terms of Google Play Store and App Store.

5. Acceptable Use Policy

We may allow you to upload (collectively, to "Submit") content such as videos, recordings, images, and text (collectively, "Content"). You must ensure that your content, and your conduct, comply with the Acceptable Use Policy outlined in this Section 5. We may take all appropriate actions to enforce its rights including suspending or removing your account.

5.1 Content Restrictions

You may not submit any content that:

- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
- Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
- Promotes or supports terror or hate groups;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Depicts animal cruelty or extreme violence towards animals;
- Makes false or misleading claims about vaccination safety;
- Claims that mass tragedies are hoaxes or false flag operations;
- Depicts or encourages self-harm;
- Promotes fraudulent or dubious business schemes or proposes an unlawful transaction; or
- Violates any applicable law.

5.2 Code of Conduct

In using our Service, you may not:

- Act deceptively or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Engage in any unlawful activity;
- Cause or encourage others to do any of the above.

5.3 Code of Conduct

You will not:

- Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Service; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services, or intercept any system data, personal information, or other data relating to the Services,
- Submit an unreasonable number of requests to our servers; or
Take any other actions to manipulate, interfere with, or damage our Service.

5.4 DeepFaker Content

Our Services and the text, graphics, images, illustrations, trademarks, trade names, page headers, button icons, scripts, and other content contained therein are owned by DeepFaker or its subsidiaries or affiliated companies and is protected by copyright, patent, trade secret, and other intellectual property laws. Except as explicitly stated in these Terms, DeepFaker reserves all rights in and to our Services.

We hereby grant you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service's benefits in a way that these Terms allow.

Such license does not include any right to: (a) sell or commercially use any part of our Services; (b) copy, reproduce, distribute, publicly perform or publicly display any part of our Services; (c) modify any part of our Services, remove any proprietary rights notices; (d) reverse engineer or attempt to extract the source code of that software; or (e) use our Services other than as expressly provided in these Terms. The license does not cover any GIFs or videos possessed by any third parties and used by DeepFaker to provide the Services. You shall use them as stipulated in chapter 4 hereof.

Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted under these Terms.

5.5 Third-Party Content

To provide you with the best experience using our technology, DeepFaker may use third-party GIFs or videos and offer you a library of such content for the swap (“Pre-sets catalog”).

In addition, DeepFaker reserves the right to use the content (pictures, icons, photos, GIFs, or videos) from Google Video, Bing Video, or other publicly available sources. DeepFaker may use such content only in compliance with their respective Terms of Use, in good faith, and conforming to the Fair Use/Fair Dealing Doctrine under the applicable laws. In particular, the purpose of the content’s use is transformative. The original materials are used in a new unanticipated way, namely, the visual results of the materials’ use create the completely new GIFs or videos, which are inherent of parodic nature. The results of the materials’ use differ significantly from the original by the character, mostly parodic or satiric, and alter the originals with the new meaning, expression, and message, creating the object of ridicule. The extent of use is strictly limited by the purpose of transformation.

We do not claim any rights whatsoever to the original pictures, logos, GIFs, videos, or other intellectual property displayed on the materials contained in the Pre-sets catalog and/or used by us by the Fair Use/Fair Dealing Doctrine, as prescribed herein or under the applicable laws. The contents of the Pre-sets catalog are used solely for the creation of transformative works (including parodies) on the terms set out herein. You shall not use such content otherwise than as allowed by the Fair Use/Fair Dealing Doctrine.

5.6 User Content

Our Services may allow you to use the Services with the Uploaded content, as well as to create, post, store, and share the Generated content. The Uploaded and the Generated content is your intellectual property. Except for the license you grant below, you retain all rights in and to your content. DeepFaker does not claim ownership of any user content.

You hereby grant DeepFaker a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, use in any way, display, reproduce, modify, adapt, edit, publish, and distribute Uploaded and Generated content. This license is for the limited purpose of operating, developing, providing, and improving the Services.
The Generated content may be public, so the license you grant us for this content is broader. In addition to granting us the rights mentioned in the previous paragraph, you also grant us a perpetual license to create derivative works from, exhibit, broadcast, publicly perform, and publicly display the Generated content in any form and any media or distribution methods.

You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Application, including, but not limited to, through the sale of advertising, sponsorships, promotions, usage data. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any user content or your use of any materials made available to you on or through the Application, including in any user content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service.

You warrant that your content does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy or publicity. You hereby represent that you are the owner of the copyright concerning all your content and have the power to grant the license to DeepFaker as set forth herein.

You hereby acknowledge that you are solely responsible for the Uploaded content and Generated content, as well as any consequences of publicly posting and sharing such content, including, but not limited to any claims, costs, losses, damages, expenses, judgments, any other possible conflicts, disputes, contretemps or issues arising out of or related to your content.

You hereby acknowledge that you are entitled to delete any of the Uploaded content from your profile gallery, but it shall not cause revoking of the license granted to DeepFaker.

If you share the Generated content publicly through the Services or in any other way, you acknowledge that such content will be accessible to others. Any content will be considered non-confidential and non-proprietary. You must not post any content on or through the Services or transmit to us any content that you consider to be confidential or proprietary. Please do not publicly post or submit any user content that you do not want to be publicly accessible or viewable, or that you do not have rights to post.

6. Licenses

6.1 License Grant by You

As between you and DeepFaker, you own and will retain ownership of all intellectual property rights in and to the content you submit to create or edit a video. By submitting such content, you grant DeepFaker permission to use, copy, distribute, sublicense, transmit, make derivative works from, and publicly perform and display through all means such works for: (a) analyzing your content using automated technologies to create videos; (b) creating videos using your content, in conjunction with other content that we may supply (including Third-Party Content, defined below); and (c) streaming and distributing those videos to end-users of your choosing.

The license period begins when you create content to DeepFaker and ends when you or DeepFaker delete it and all works that contain any parts of it from the Service; provided that DeepFaker may retain archival copies: (a) for a limited period in case you wish to restore it; (b) for internal testing purposes; (c) when the video is the subject of a takedown notice or other legal claim; or (d) when DeepFaker in good faith believes that it is legally obligated to do so.

6.2 Scope of Licenses

All licenses granted by you in this Section 6: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called "moral rights" that you may have. Nothing in this Agreement shall be deemed a license "condition" applicable to DeepFaker; rather, any breach of a term by DeepFaker hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant outside of this Agreement.

6.3 License by DeepFaker

Subject to your compliance with the terms hereof, DeepFaker hereby grants you a limited, revocable, personal, worldwide, royalty-free, non-exclusive, non-sublicensable, and non-assignable license to use each video created using our Service for (a) your purposes (e.g., sharing videos with family and friends) via online means if you created the video as a Personal user; or (b) any purpose via all means now known or hereafter created if you created the video as a Pro Plan user.

7. Your Obligations

7.1 Representations and Warranties

For each piece of content that you submit to or through DeepFaker, you represent and warrant that:

- You have the right to submit the content to DeepFaker and grant the licenses herein;
- The content does not, and will not, infringe any third party's rights, including intellectual property rights, rights of publicity, and privacy rights; and
- The content complies with this Agreement and all applicable laws.

7.2 Indemnification

You will indemnify, defend, and hold harmless DeepFaker and its subsidiaries, parents, affiliates, directors, officers, employees, and agents, from and against all third-party actions arising from: (a) the content you submit to or through the Service; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.

8. Term and Termination

This Agreement begins when you first use our Service and continues so long as you use our Service or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with Section 4 above. With respect to free memberships, DeepFaker may terminate this Agreement at any time by providing thirty (30) days' written notice, and users may terminate at any time by deleting their accounts.

If you breach this Agreement, DeepFaker may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; and (b) suspend, delete, or limit access to your account or any content within it. If DeepFaker deletes your account for breach, you may not re-register.

In the event of any termination or expiration, the following sections will survive: Section 7.2 (Indemnification), Section 9(Disclaimers), Section 10 (Limitation of Liability), and Section 11 (General Provisions).

9. Disclaimers

DeepFaker PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU USE THE SERVICE AT YOUR OWN RISK. You must provide your own device and Internet access.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, DeepFaker DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, DeepFaker makes no representations or warranties:
- That our Service, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, or accessible from all devices or browsers;
- Concerning any content submitted by our users;
- That our Service will meet your business or professional needs;
- That we will continue to support any particular feature or maintain backward compatibility with any third-party software or device; or
- Concerning any third-party websites and resources.

10. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) DeepFake SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES.

11. General Provisions

Choice of Law: This Agreement shall be governed by and construed in accordance with the laws of the USA without reference to principles of conflict of laws.
Choice of Venue: Jury Trial Waiver: Any action relating to this Agreement or your use of our Service must be commenced in the state or federal courts located in New York County, New York State, United States of America; you consent to the exclusive jurisdiction of those courts. IN ANY SUCH ACTION, DeepFaker AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
Reservation of Rights, Severability, Force Majeure: DeepFaker reserves all rights not expressly granted herein. DeepFaker's rights and remedies are cumulative. No failure or delay by DeepFaker in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. DeepFaker will not be liable for any delay or failure caused by a force majeure event.
Relationship: You and DeepFaker are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and assigns. You may not assign this Agreement to any person whose account has been terminated by DeepFaker or who is prohibited from registering; any such assignment will be void.
Third Parties: We may provide links to and integrations with websites operated by others. The website operator, not DeepFaker, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of DeepFaker. If you have a signed agreement with DeepFaker, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.

12. How to Contact Us

For any questions, inquiries, or complaints relating to your privacy, please contact us here.