Terms of Service

1. Introduction

Welcome to NovoAds.ai! These Terms of Service ("Terms") govern your access to and use of the NovoAds.ai platform, services, and applications (collectively, the "Services") provided by NovoAds.ai ("we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

NovoAds.ai is an AI-powered video generation platform that enables users to create marketing videos, user-generated content (UGC), and advertising materials using artificial intelligence, including realistic virtual avatars, AI-generated scripts, and voice synthesis.

2. Definitions

• "Account" means a unique user profile registered to access the Services, including all associated credentials, billing information, usage history, and stored Content.
• "Input" means any data, content, files, text, scripts, images, prompts, product information, or other materials submitted by you to the Services.
• "Output" means any AI-generated content, including videos, audio, images, or other materials produced by the Services in response to your Input.
• "Content" collectively refers to Input and Output.
• "Subscription" means a paid, recurring membership granting access to the Services with specific features, Credit allowances, and billing terms.
• "Credits" means the usage units allocated to your Subscription that are consumed when generating videos or using certain features of the Services.
• "Force Majeure Event" means any event beyond a party's reasonable control, including natural disasters, pandemics, cyberattacks, government actions, or third-party infrastructure failures.

3. Service Description

NovoAds.ai provides an AI-powered platform for video creation:

• Avatar Selection: Choose from a library of realistic AI-powered virtual presenters.
• Script Generation: Create or enhance scripts using AI assistance.
• Voice Synthesis: Generate natural-sounding voiceovers in multiple languages and accents.
• Video Generation: Produce marketing videos using advanced AI models including OpenAI Sora and Google Veo.
• Credit System: Services operate on a credit-based system where different actions consume varying amounts of Credits.

The Services utilize third-party AI providers and technologies. Processing times, output quality, and availability may vary based on demand and third-party service status.

4. Third-Party Services

The Services integrate with and rely upon third-party providers, including but not limited to:

• OpenAI (video generation via Sora)
• Google (video generation via Veo)
• ElevenLabs (voice synthesis)
• Stripe (payment processing)
• Cloud infrastructure providers

Your use of the Services may be subject to the terms and policies of these third-party providers. NovoAds.ai is not responsible for any failures, interruptions, changes, or limitations imposed by third-party services. We do not guarantee the continued availability of any specific third-party integration.

5. Eligibility & Account Registration

5.1 Minimum Age

You must be at least 13 years old to use the Services. If you are under 18 years of age, you must have consent from a parent or legal guardian who agrees to be bound by these Terms on your behalf.

5.2 Account Creation

When creating an Account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality and security of your login credentials and for all activity occurring under your Account.

5.3 Account Restrictions

Accounts may not be sold, shared, transferred, or sublicensed. You must immediately notify us of any unauthorized access to your Account.

6. User Representations & Warranties

By using the Services, you represent and warrant that:

• You have the legal authority and capacity to enter into these Terms.
• All Input you submit does not infringe any third-party intellectual property, privacy, publicity, or other rights.
• You have obtained all necessary permissions, licenses, and consents for any content you upload, including images of identifiable individuals.
• Your Input is accurate, not misleading, and does not violate any applicable laws or regulations.
• You will not use the Services for any purpose that violates these Terms or applicable law.

7. Subscriptions & Credits

7.1 Subscription Plans

We offer various Subscription tiers with different Credit allocations and features. Details of available plans are displayed on our pricing page.

7.2 Credit Allocation

Each Subscription includes a monthly allocation of Credits. Credits are consumed when using Services features, with different actions requiring different Credit amounts.

7.3 Credit Rollover

Unused Credits roll over indefinitely while your Subscription remains active. When upgrading to a higher-tier Subscription, unused Credits from your current period will carry over to your new Subscription.

7.4 Credit Forfeiture

Upon cancellation or termination of your Subscription, all unused Credits will be forfeited. Credits have no cash value and cannot be exchanged for money or transferred to other accounts.

7.5 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled. You authorize us to charge your payment method for recurring fees until cancellation.

8. Payment & Billing

8.1 Fees

Subscription fees are clearly displayed at the time of purchase. By subscribing, you authorize recurring billing until your Subscription is cancelled.

8.2 Taxes

Prices exclude applicable taxes unless otherwise stated. You are responsible for all applicable taxes associated with your use of the Services.

8.3 Refund Policy

Payments are generally non-refundable. However, if you have not used any Credits during your current billing period, you may be eligible for a refund upon request. Once Credits have been used, no refunds will be issued for that billing period.

8.4 Payment Failure

If your payment method fails, we will attempt to notify you and provide a 7-day grace period to update your payment information. During this period, your access to the Services may be suspended. If payment is not received within the grace period, your Account may be terminated. Any outstanding amounts remain due and payable.

8.5 Price Changes

We may adjust fees with at least 30 days' advance notice. Continued use of the Services after a price change constitutes acceptance of the new pricing.

9. Intellectual Property

9.1 Ownership of Input

You retain all right, title, and interest in your Input. By submitting Input, you grant NovoAds.ai a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, process, analyze, transform, and store your Input for the purpose of:

• Operating and providing the Services
• Improving and developing the Services
• Training and improving our AI models
• Complying with legal obligations

9.2 Ownership of Output

NovoAds.ai retains all right, title, and interest in Output generated through the Services. We grant you a non-exclusive, perpetual, worldwide, royalty-free license to:

• Use, reproduce, and display the Output
• Distribute the Output for commercial and non-commercial purposes
• Use the Output in advertising, marketing, and social media campaigns
• Modify the Output (including adding text, music, subtitles, or other elements)
• Create derivative works based on the Output

This license is non-exclusive. Due to the nature of AI-generated content, similar or identical Output may be generated for other users. Your license to use Output that was generated while your Subscription was active survives the termination of your Subscription.

9.3 AI Training Rights

You acknowledge and agree that NovoAds.ai may use your Input and Output to train, improve, and develop our AI models and Services. This includes using Content to enhance the quality, accuracy, and capabilities of our AI systems.

9.4 Platform Intellectual Property

NovoAds.ai retains all rights in the Services, including but not limited to: proprietary algorithms, AI models, software, user interface, trademarks, brand assets, and documentation. No licenses are granted except as explicitly stated in these Terms.

10. Acceptable Use Policy

You agree not to use the Services to:

• Generate, upload, or distribute unlawful, abusive, harmful, defamatory, harassing, obscene, pornographic, discriminatory, or violent content
• Create content promoting gambling, illegal drugs, or controlled substances
• Engage in fraud, impersonation, deception, or misleading commercial practices
• Infringe any third-party rights, including intellectual property, privacy, or publicity rights
• Create deepfakes or synthetic media intended to deceive, defraud, or harm individuals
• Use avatars to impersonate real individuals without their explicit consent
• Create content that falsely suggests endorsement by real persons or organizations
• Use the Services for political manipulation, disinformation, or election interference
• Bypass, disable, or interfere with security or usage limitations
• Reverse-engineer, decompile, or extract source code from the Services
• Use Output to train competing AI models without explicit written permission
• Misrepresent AI-generated content as human-created where disclosure is legally required
• Violate export controls, sanctions, or government restrictions

We reserve the right to suspend or terminate access for violations of this policy without refund.

11. AI-Generated Content Disclaimers

You acknowledge and agree that:

• No Guarantee of Accuracy: Output is generated using AI and may contain errors, inaccuracies, or unintended content.
• Non-Unique Output: Similar or identical Output may be generated for other users due to the nature of AI systems.
• No Legal Advice: NovoAds.ai does not provide legal, compliance, or regulatory advice. You are solely responsible for ensuring your use of Output complies with applicable laws and regulations.
• Platform Compliance: We do not guarantee that Output will comply with advertising platform policies (e.g., Meta, Google, TikTok). You are responsible for reviewing and ensuring compliance.
• Verification Required: You should review and verify all Output before commercial use or publication.

12. Data Protection

12.1 Privacy Policy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

12.2 Compliance

We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users in the European Economic Area and the California Consumer Privacy Act (CCPA) for California residents.

12.3 Your Responsibilities

You are responsible for ensuring that any personal data included in your Input has been collected and shared in compliance with applicable data protection laws. You must have obtained all necessary consents before uploading content containing personal data of third parties.

12.4 International Data Transfers

You acknowledge that your data may be transferred to and processed in countries outside your jurisdiction, including countries that may have different data protection standards. We implement appropriate safeguards for such transfers.

13. Service Availability & Support

13.1 Availability

We strive to maintain reliable Services but do not guarantee uninterrupted access. Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

13.2 Processing Times

Video generation times vary based on complexity, selected options, and system demand. Typical processing times are provided as estimates only.

13.3 Support

Support is available via in-app chat and email at [email protected].

14. Credit Refunds

14.1 System Errors

If video generation fails due to a system error or technical malfunction on our part, the Credits consumed will be refunded to your Account.

14.2 User Errors

Credits will not be refunded for failures resulting from user error, content that violates our policies, or Input that cannot be processed due to quality or format issues.

15. Limitation of Liability

15.1 No Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NOVOADS.AI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

15.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NOVOADS.AI'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF €100 EUR OR THE TOTAL FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

15.3 Exclusion of Damages

NOVOADS.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL.

16. Indemnification

You agree to indemnify, defend, and hold harmless NovoAds.ai, its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your use of the Services or Output
• Your Input or Content
• Your breach of these Terms
• Your breach of any representations or warranties
• Your infringement of any third-party rights, including intellectual property, privacy, or publicity rights
• Your advertising or marketing activities using Output
• Your failure to comply with applicable laws or regulations

17. Termination

17.1 User Termination

You may cancel your Subscription at any time through your Account settings. Cancellation takes effect at the end of your current billing period.

17.2 Company Termination

We may suspend or terminate your access immediately if you violate these Terms, create legal or reputational risk, or as required by law.

17.3 Effect of Termination

Upon termination, your right to access the Services ceases and all unused Credits are forfeited. Your license to use Output that was generated during your active Subscription survives termination.

17.4 Survival

The following sections survive termination of these Terms: Definitions (Section 2), Intellectual Property (Section 9), Limitation of Liability (Section 15), Indemnification (Section 16), Dispute Resolution (Section 18), Governing Law (Section 21), and General Provisions (Section 23).

18. Dispute Resolution

18.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at [email protected] to attempt to resolve any dispute informally. We will attempt to resolve the dispute within 30 days.

18.2 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms shall be resolved by binding arbitration administered in accordance with the arbitration rules of the Court of Arbitration of the Madrid Chamber of Commerce. The seat of arbitration shall be Madrid, Spain. The arbitration shall be conducted in English or Spanish at the parties' mutual agreement. The arbitrator's decision shall be final and binding. Each party shall bear its own costs, and arbitrator fees shall be split equally unless the arbitrator decides otherwise.

18.3 Time Limitation

Any dispute must be filed within one (1) year from the date the cause of action arose, or be permanently barred.

18.4 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

18.5 Exceptions

Nothing in this section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or enforce confidentiality obligations.

19. Copyright Infringement Procedure

If you believe content on our platform infringes your copyright or other intellectual property rights, please send a notice to [email protected] including:

• Your full legal name, address, and contact information
• Identification of the copyrighted work you claim has been infringed
• Identification of the infringing material and its location on our platform
• A statement that you have a good-faith belief the use is not authorized by the copyright owner
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf
• Your physical or electronic signature

We will review valid notices and take appropriate action, which may include removing the allegedly infringing content. Repeat infringers may have their accounts terminated.

20. Force Majeure

NovoAds.ai shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from a Force Majeure Event, including but not limited to:

• Natural disasters, floods, fires, earthquakes, or storms
• Pandemics, epidemics, or public health emergencies
• Cyberattacks, DDoS attacks, data breaches, or system compromises
• War, terrorism, civil unrest, or government actions (including sanctions and embargoes)
• Failures of third-party infrastructure, including cloud providers (AWS, Google Cloud), AI providers (OpenAI, Google), or payment processors
• Power outages, internet disruptions, or telecommunications failures
• Labor disputes, strikes, or supply chain disruptions

During a Force Majeure Event, our obligations are suspended for the duration of the event. We will make reasonable efforts to notify you and resume normal service as soon as practicable.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to conflict of law principles. Subject to the arbitration provisions in Section 18, the courts of Madrid, Spain shall have exclusive jurisdiction over any disputes arising from or relating to these Terms.

22. Modifications to Terms

We may modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or through the Services. Your continued use of the Services after modifications take effect constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Services and cancel your Subscription.

23. General Provisions

23.1 Electronic Communications

By using the Services, you consent to receive communications from us electronically, including emails, in-app notifications, and notices posted on the platform. You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing. You are responsible for keeping your email address current.

23.2 Severability

If any provision of these Terms is found invalid or unenforceable, that provision shall be modified to the minimum extent necessary, and all remaining provisions shall remain in full force and effect.

23.3 Waiver

No failure or delay by NovoAds.ai to enforce any right under these Terms shall constitute a waiver of that right.

23.4 Entire Agreement

These Terms, together with our Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and NovoAds.ai regarding the Services and supersede all prior agreements and understandings.

23.5 Assignment

You may not assign your rights under these Terms without our prior written consent. We may assign our rights to any affiliate or successor entity without notice.

24. Contact Information

For questions, concerns, or legal notices regarding these Terms, please contact us:

• Email: [email protected]
• Company: NovoAds.ai