Last Modified: December 6, 2024
Thank you for using Animate AI. These Terms and Conditions ("Terms") govern the relationship between Giant Interactive (HK) Limited ("we", "our" or "us") and the person ("User", "you" or "your") using or accessing our services through our website at https://animateai.pro/ ("Services").
These Terms explain what rights you have when you use our Services, the ownership of the generated content, and other important topics like arbitration. Please read these Terms carefully. The Terms, together with all attachments and appendix are effective when the User is presented with the Terms and proceeds to use or access the Services (the "Effective Date"). If you do not want to agree to these Terms, you must not access or use the Services.
The Terms may be updated from time to time. Your continued use of the Services constitutes acceptance of the updated terms.
The Services are intended to be provided to users who are 16 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
To use the Services, you need to provide us with your name, valid email address, mobile phone number and password to create an account ("Account"). The account you create serves as the credential for you to log in and use the Services as a registered user. If you refuse to register an Account, you will not be able to use any functionalities or features of the Services.
You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your Account. We are not liable for any acts or omissions by you in connection with your Account. If you aware or suspect that our Account have been stolen, misappropriated or otherwise compromised, you must immediately notify us at hi@animateai.pro.
If you breach any of the provisions of these Terms, all licenses granted by us will terminate automatically. Additionally, we may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If we delete your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any User Generated Content (defined below). The Company shall not be responsible for the failure to delete or deletion of User Generated Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by us or you. Termination will not limit any of our other rights or remedies at law or in equity.
We provide both free and paid service models to suit the diverse needs of our Users. Please see Appendix "Features of the Services and Subscription Plans" regarding detailed features of the Services as well as the information about the subscription plans and credit systems.
The Services allow Users to post, submit, publish, display, or transmit (collectively, "submit") content or materials (collectively, "User Contributions") on or through website or application to generate video or other forms of data content according to the instructions you provide in your User Contributions ("User Generated Content").
You are responsible for all User Contributions and User Generated Content, including ensuring that it does not violate any applicable laws or the Terms, and that you have all necessary rights and permissions to provide the User Contributions.
If any User Generated Content violates these Terms of Use, whether intentionally or unintentionally, you must immediately cease all use of such content. You are expressly prohibited from viewing, copying, downloading, storing, transmitting, sharing, or otherwise using such content in any manner. Please report the existence of such content to hi@animateai.pro. We are not responsible or liable to any third party for the content or accuracy of any User Contributions or any User Generated Content through our Services.
Subject to your compliance with the Terms, if the User Generated Content is produced by using the paid tier Services (namely, Standard Plan, Pro Plan, and One-time Plan), we hereby assign to you all of its right, title and interest in and to any User Generated Content generated during the term of your paid-tier subscription. However, due to the nature of artificial intelligence and machine learning, we make no representation or warranty to you that any copyright will vest in any User Generated Content.
If the User Generated Content is produced by using free tier Services (namely, Free Plan), you covenant and agree that you will only use the User Generated Content solely for your lawful, internal, personal and non-commercial purposes, provided that you give attribution credit to us in each case.
By using the Services, you grant to us, our affiliates, successors, and assignees a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the User Contributions and User Generated Content (in whole or in part). This license survives termination of the Terms by any party, for any reason.
In connection with your use of the Services, you will not:
The Services, including its "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that we and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works.
Our name, trademarks, logo and all related names, logos, product and services names, designs and slogans are trademarks of us or our affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users and any third party, you understand and agree that we are under no obligation to become involved.
We make no representation that the Services, website or its content is accessible or appropriate for use in all jurisdictions. Access to the Services and website may be unlawful for certain individuals or in specific countries. If you choose to access the Services and website from outside the United States, you do so at your own initiative and are solely responsible for ensuring compliance with applicable local laws.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, OUR OFFICERS, DIRECTORS, AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES AND AGENTS ("COMPANY ENTITIES") GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE SERVICES, OUR CONTENT, USER CONTRIBUTION, USER GENERATED CONTENT, AND ANY THIRD PARTY SOFTWARE, SERVICES OR CONTENT.
COMPANY ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF COMPANY ENTITIES RELATING TO THE SERVICES, OUR CONTENT, USER CONTRIBUTION, OR USER GENERATED CONTENT, WHETHER EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SERVICES, ANY SOFTWARE OR SERVICES ACCESSED, LICENSED OR PROVIDED TO YOU BY COMPANY ENTITIES OR A THIRD PARTY THAT MAY BE IMPLIED BY THESE TERMS, BY CUSTOM, OR BY LAW OR OTHERWISE, UNLESS EXPRESSLY STATED HEREIN. COMPANY ENTITIES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICES, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, COMPANY ENTITIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICE IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR AGREEMENTS YOU ENTER WITH THIRD PARTIES OR ADVERTISERS WILL MEET YOUR EXPECTATIONS; OR THAT SERVICE ERRORS WILL BE CORRECTED.
COMPANY ENTITIES WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (6) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE; OR (7) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT SHALL COMPANY ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR RELATING TO THE SERVICES, ANY THIRD-PARTY PRODUCTS OR SERVICES, OR OTHERWISE UNDER THESE TERMS, EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
COMPANY ENTITIES' MAXIMUM AGGREGATE LIABILITY ARISING UNDER OR IN RELATION TO THESE TERMS OR IN RELATION TO YOUR USE OR OUR PROVISION OF THE SERVICE TO YOU, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION, NEGLIGENCE, OR OTHER THEORY OF LAW WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY ENTITIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY'S FEES ARISING TO ANY OF COMPANY ENTITIES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST COMPANY ENTITIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TERMS; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, INTELLECTUAL OR PHYSICAL PROPERTY RIGHTS, OR PRIVACY RIGHT; (4) YOUR CONTENT; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICES; OR (6) ANY ACTIVITY RELATED TO YOUR ACCOUNT, OR YOUR OR ANY OTHER PERSON'S ACCESS TO THE SERVICES USING YOUR ACCOUNT.
IF COMPANY ENTITIES DO TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, COMPANY ENTITIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS'FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO COMPANY ENTITIES.
YOU AGREE AND CONSENT TO RECEIVE TEXT MESSAGE NOTIFICATIONS, EMAILS, OR OTHER NOTIFICATIONS THAT ARE SENT VIA THE SERVICES. TO THE EXTENT YOU REQUEST THAT WE SEND A MESSAGE TO ANOTHER USER THROUGH THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED ALL CONSENTS NECESSARY TO SEND SUCH MESSAGES, INCLUDING SENDING MESSAGES VIA EMAIL OR VIA AUTOMATED MEANS, USING A RANDOM/SEQUENTIAL NUMBER DIALER, AND FOR TO ZAPS' MARKETING OR PROMOTIONAL PURPOSES, AND YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY ENTITIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY'S FEES ARISING AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST COMPANY ENTITIES IN CONNECTION WITH YOUR FAILURE TO OBTAIN PROPER CUSTOMER OR POTENTIAL CUSTOMER CONSENT TO INPUTTING PERSONAL INFORMATION INTO THE SERVICE OR SENDING TEXT MESSAGES, EMAILS, OR OTHER NOTIFICATIONS THAT ARE SENT VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO, CLAIMS ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT AND THE CAN-SPAM ACT.
At our sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") in accordance with the Arbitration Rules of the Hong Kong International Arbitration Centre ("HKIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause applying laws of Hong Kong Special Administrative Region of the Peoples Republic of China ("Hong Kong SAR").
These Terms shall be governed by the laws of Hong Kong SAR.
Any claims relating to use of the Services must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. Those who access or use the Services do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
If you violate these Terms, we may seek injunctive relief or other equitable relief.
If we have to provide information in response to a subpoena related to your Account, then we may charge you for our costs. These costs may include attorney and employee time spent retrieving records, preparing documents, and participating in a deposition.
These Terms shall continue to apply to you until your Account is terminated by either you us, and you cease to use the Services. However, you acknowledge and agree that the perpetual license granted by you in relation to the User Generated Content, is irrevocable and will therefore continue after expiry or termination of your Account and your discontinuation of using the Services for any reason.
We may terminate your Account or suspend your access to the Services at any time, including in the event of your actual or suspected unauthorized use of the Services, or non-compliance with these Terms. If you or we terminate your Account, or if we suspend your access to the Services, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
To learn how to terminate your Account, you may contact us by the means provided under the Section 12 "Contact". Section 10 will be enforced to the extent permissible by applicable law. You may terminate your Account and cease to use our Services at any time. Any provision of these Terms which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of these Terms.
A party will not be in breach of these Terms, nor liable for any failure or delay in performance of any of its obligations under these Terms where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power outages, or electronic or communication network breakdowns ("Force Majeure Events"). In the event of a Force Majeure Event affecting the provision of the Services, we will use reasonable efforts to notify users through the Services or by email communication.
These Terms constitute the entire agreement between the parties, and no other agreement, written or oral, precedes this agreement between you and us.
In case any part of these Terms is inapplicable or unenforceable, due to any court order or otherwise, or for any other reason, the remaining provisions of these Terms shall remain in full force and effect.
If you need our support or has any claims associated with legal, content removal, or related appeals, please contact:hi@animateai.pro.
This Subscription Service Terms ("Appendix") governs your use of the paid services provided by Giant Interactive (HK) Limited, as well as the related software applications and websites (collectively referred to as "Services"). The terms "User," "you," or "your" refer to the individual accepting this Agreement.
This Appendix serves as a supplement to Animate AI Terms and Conditions ("Terms") and forms an integral part thereof, binding upon you. In the event of any conflict between this Appendix and the Terms, the terms of this Appendix shall prevail.
To utilize the paid services and related features, you must carefully read and comply with this Appendix, the Terms, and any other terms, agreements, rules, guidelines, policies, notices, and directives related to your use and/or access to our website, paid services, and promotional activities, including any revisions we may issue from time to time.
If you have not reached the minimum age ("Minimum Age") as specified in the Terms or the age of majority as defined by the laws of your jurisdiction (the "Age of Majority"), you may not use the paid services. If you meet the Minimum Age requirement but have not yet reached the Age of Majority of your jurisdiction, you may use the paid services only under the supervision of a parent or legal guardian, who must accept these terms on your behalf and assume responsibility for your actions.
We reserve the right to modify, replace, and/or update this Appendix at any time. All applicable disclaimers, indemnity provisions, and exclusions of liability contained in this Appendix and the Terms shall survive the termination of this Appendix for any reason.
We offer the following subscription and One-Time plans:
$0/month
$39.99/month
Special Offers:
$99.99/month
Available to Standard and Pro Plan users only
Both free and paid users can submit up to two video generation tasks at any given time. Paid users receive priority processing, which results in faster video generation times compared to free users.
Credits are allocated to users based on their subscription plan. They are categorized as follows:
We may offer time-limited promotions, including discounts and bonus credits. Regarding such promotional activities, please refer to the information and rules then posted on our website.
In case of a video generation failure, we will automatically refund the credits consumed during the generation process.
Upon successful payment, Users will receive a confirmation notice. If a payment transaction fails, the User will be notified and may attempt the payment again. Any outstanding payment orders must be completed before initiating a new transaction.
Termination: Subscribers may terminate their paid subscription at any time. Termination will take effect at the beginning of the next billing cycle, and no refunds will be issued for payments already made.