Forgevid Subscription Terms

1. Agreement, Acceptance and Eligibility

By creating an account, clicking to accept, subscribing to a plan, or otherwise accessing or using the Service, you agree to be bound by these Terms and by any policies referenced in them, including our Privacy Policy and Acceptable Use provisions. If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

You must be at least eighteen (18) years old, or the age of legal majority in your jurisdiction, and capable of forming a binding contract to use the Service. The Service is intended for professional and commercial use and is not directed to children. You may not use the Service if you are barred from doing so under applicable law or sanctions, or if your access has previously been suspended or terminated by us.

2. Account Registration and Security

To use most features of the Service you must register for an account and provide accurate, complete and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you.

• Keep your password and any access tokens or API keys secret and secure.
• Use strong, unique credentials and enable any available multi-factor authentication.
• Notify us promptly at [email protected] if you suspect any unauthorized access to or use of your account.
• Ensure that everyone you permit to use your account complies with these Terms; you remain responsible for their acts and omissions.

We may suspend or restrict access where we reasonably believe your account security has been compromised, in order to protect you, other users, or the Service.

3. Subscription Plans, Billing, Renewals, Taxes and Cancellation

The Service is offered on a subscription basis under the plan, features, usage limits and prices presented at the point of purchase (each, a "Subscription"). By subscribing, you authorize us and our payment processors to charge the applicable fees and any taxes to your designated payment method, in accordance with the billing cycle you select (for example, monthly or annual).

Renewals and Cancellation

Unless otherwise stated, Subscriptions renew automatically at the end of each billing period at the then-current rate until cancelled. You may cancel renewal at any time through your account settings or by contacting us; cancellation takes effect at the end of the current paid period, and you retain access until then. We may change plans, features or prices on a prospective basis with reasonable advance notice; changes apply from your next renewal.

Taxes and Refunds

• Fees are exclusive of taxes; you are responsible for any sales, use, value-added (VAT), goods-and-services or similar taxes, excluding taxes on our net income.
• Except where required by applicable law or expressly stated in your plan, fees are non-refundable and payments are not pro-rated for partial periods or unused capacity.
• Where mandatory consumer protection law grants you a withdrawal, cancellation or refund right (for example in the EU, UK or Türkiye), those rights are preserved and prevail over this Section to the extent required.
• If a payment fails or a chargeback is initiated, we may suspend the Service until amounts due are resolved.

4. Free Trials

We may offer free trials or promotional access from time to time. Any trial is provided for evaluation, is subject to the eligibility and limits we specify, and may be modified or withdrawn at any time. Unless you cancel before the trial ends, the trial may automatically convert into a paid Subscription and your payment method may be charged at the then-current rate. We will make the trial terms reasonably clear at sign-up. Trials are provided "as is" and may exclude certain features.

5. Acceptable Use

You must use the Service lawfully and responsibly. You are solely responsible for the content you submit to, and create with, the Service and for ensuring you have all necessary rights to do so. You agree not to use the Service to do any of the following, and not to permit anyone else to:

• Violate any applicable law, regulation, or third-party right, including intellectual-property, privacy, publicity, or data-protection rights.
• Create, upload, or distribute content that is infringing, defamatory, harassing, hateful, deceptive, or that constitutes non-consensual intimate imagery, child sexual abuse material, or unlawful surveillance.
• Generate or facilitate fraud, scams, disinformation, impersonation, or deceptive deepfakes intended to mislead, defame, or cause harm, or to misrepresent a real person without a lawful basis.
• Misuse the AI by attempting to bypass safety controls, reverse-engineer or extract underlying models, or generate content prohibited by these Terms or by our providers' policies.
• Upload malware, attempt to gain unauthorized access, probe or disrupt the Service, circumvent usage limits, or use automated means in a manner not expressly permitted.
• Resell, sublicense, or provide the Service to third parties except as expressly allowed by your plan.

We may use automated and manual measures to detect and prevent prohibited use, and we may remove content or restrict features that we reasonably believe violate these Terms.

6. Customer Content: Input and Output

"Input" means the text, prompts, images, audio, video, files, and other materials you submit to the Service. "Output" means the video and other content generated by the Service in response to your Input. As between you and us, you retain all rights you hold in your Input.

Your Rights in Output

Subject to your compliance with these Terms and payment of applicable fees, we assign or grant to you all rights we may hold in the Output generated for you, so that you may use such Output for your lawful purposes, including commercial use. You acknowledge that, due to the nature of generative AI, Output may not be unique and similar content may be generated for other users, and that the legal protectability of AI-generated content varies by jurisdiction.

License to Us

You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, reproduce, and display your Input and Output, and to create derivative technical representations, solely as needed to operate, secure, support, and improve the Service and to comply with law. Where we use content to improve the Service or train or fine-tune models beyond what is necessary to provide it to you, we will do so consistent with our Privacy Policy and any controls we make available to you.

Your Responsibility

• You are responsible for your Input and Output and for ensuring they do not infringe rights or violate law or these Terms.
• You must obtain all consents and licenses required for any real person, likeness, voice, brand, or copyrighted material reflected in your Input or Output.
• You should review Output before relying on or publishing it; Output may contain inaccuracies and is not professional, legal, or other expert advice.

7. Third-Party AI Models and Providers

The Service relies on third-party artificial-intelligence models, infrastructure, payment, and other service providers to deliver its functionality. Your Input and Output may be processed by these providers as sub-processors for the purpose of generating and delivering the Service. Your use of the Service may also be subject to those providers' applicable usage and acceptable-use policies, and you agree not to use the Service in a manner that would cause us to breach them. We are not responsible for the independent acts or omissions of third-party providers beyond our reasonable control. Details of categories of sub-processors are described in our Privacy Policy and Data Processing Addendum ("DPA").

8. Intellectual Property in the Service

The Service, including its software, models, user interfaces, designs, text, graphics, trademarks, and all related intellectual-property rights, is and remains the exclusive property of Ercan Technology and its licensors. Except for the limited rights expressly granted to you in these Terms, no rights are granted by implication, estoppel, or otherwise.

We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your Subscription for your internal business or professional purposes, subject to these Terms. You may not copy, modify, distribute, sell, lease, reverse-engineer, or create derivative works of the Service, except to the extent such restriction is prohibited by applicable law. "Forgevid", "Ercan Technology", and related names and logos are our trademarks and may not be used without our prior written permission.

9. Service Levels, Availability, Support and Changes

We strive to keep the Service available and performant, but unless a separate written service-level agreement states otherwise, the Service is provided without any guaranteed uptime. The Service may be unavailable from time to time due to maintenance, updates, provider outages, or events beyond our reasonable control.

• We provide support through the channels described on the Service or your plan; response times are commercially reasonable and may vary by plan.
• We may modify, enhance, or discontinue features, and may deprecate functionality, generally with reasonable notice where a change is material and adverse.
• We may impose or adjust usage limits to protect the stability, security, and fair use of the Service.
• Planned maintenance will, where practicable, be communicated in advance.

10. Suspension and Termination

You may stop using the Service and cancel your Subscription at any time as described in Section 3. We may suspend or terminate your access, in whole or in part, if you materially breach these Terms, fail to pay fees when due, use the Service unlawfully or in a manner that risks harm to others or to the Service, or as required by law.

Where reasonable and lawful, we will give notice and an opportunity to cure before terminating for breach. Upon termination, your right to use the Service ends, and we may delete your account and content in accordance with our retention practices and the Privacy Policy. You should export any Output or data you wish to keep before termination. Sections that by their nature should survive termination (including ownership, license to us for content already processed, disclaimers, limitation of liability, indemnification, and governing law) will survive.

11. Confidentiality

Each party may have access to non-public information of the other that is designated confidential or that reasonably should be understood to be confidential ("Confidential Information"), including non-public features, pricing, and technical information. The receiving party will use Confidential Information only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to personnel or contractors with a need to know who are bound by confidentiality obligations. Confidential Information does not include information that is or becomes public without breach, was lawfully known without obligation, or is independently developed. Disclosure required by law is permitted with reasonable prior notice where lawful.

12. Disclaimers

To the maximum extent permitted by applicable law, the Service, including all Output, is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that Output will be accurate, complete, original, non-infringing, or suitable for any particular purpose. You assume responsibility for evaluating and using Output. Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under mandatory law applicable to you, including consumer-protection law in the EU, UK, or Türkiye.

13. Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to the Service or these Terms, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the total amounts you actually paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the liability. These limitations do not apply to liability that cannot be excluded or limited under applicable mandatory law, and any mandatory consumer rights you have under the law of your own country are preserved.

14. Indemnification

You agree to defend, indemnify, and hold harmless Ercan Technology and its affiliates, officers, employees, and agents from and against any third-party claims, damages, liabilities, losses, and reasonable expenses (including legal fees) arising out of or related to: (a) your Input or Output; (b) your use of the Service in violation of these Terms or applicable law; or (c) your infringement or misappropriation of any third-party right. We will notify you of any such claim, allow you to control the defense (subject to our right to participate with our own counsel), and reasonably cooperate. This Section applies to the extent permitted by applicable law and does not limit any non-waivable consumer rights.

15. Data Protection

Our collection and use of personal data in connection with the Service is described in our Privacy Policy. Where we process personal data on your behalf as a processor, the terms of our Data Processing Addendum ("DPA") apply and are incorporated by reference. You are responsible for ensuring you have a lawful basis and any required notices or consents for the personal data contained in your Input. For privacy questions, contact [email protected]; for these Terms, contact [email protected].

16. Governing Law and Venue

These Terms are governed by the laws of the State of New Mexico, USA, without regard to its conflict-of-laws rules, and the state and federal courts located in New Mexico will have venue over disputes, subject to the following. Nothing in this Section deprives you of the protection of mandatory provisions of the law of your country of residence or any right to bring proceedings in your local courts where such rights cannot be waived under applicable consumer-protection law (including in the EU, UK, or Türkiye).

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, for example by posting the updated Terms with a new "last updated" date or by notifying you through the Service or by email. Changes take effect as stated in the notice; for changes that adversely affect you, they will generally apply from your next renewal. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree to the updated Terms, you should stop using the Service and may cancel as described above.

18. Contact

If you have questions about these Terms or the Service, please contact us:

• Legal and terms: [email protected]
• Privacy and data: [email protected]
• General enquiries: [email protected]
• Ercan Technology LLC, Albuquerque, New Mexico, USA