Terms of Service
Last updated: August 12, 2025These Terms of Service ("Terms") constitute a binding agreement between you ("you" or "User") and Hangzhou Yita Elephant Technology Co., Ltd. (referred to as "we", "us", or "Company") governing your access to and use of our AI video generation application, associated mobile or web applications, websites, APIs, and other products or services that reference or link to these Terms (collectively, the "Services").
Please read these Terms carefully. By accessing or using the Services you agree to be bound by these Terms and by our Privacy Policy (available separately). If you do not agree to these Terms, do not access or use the Services.
If you have any questions or wish to contact us, email: [email protected].
Table of Contents
1. Acceptance of Terms
2. Changes to Terms and Service Updates
3. Eligibility and Minimum Age
4. Description of Services
5. Account Registration and Security
6. Subscriptions, Purchases, and Payment Terms
7. Refunds and Cancellations
8. User Conduct and Prohibited Activities
9. User Content and License Grants
10. Feedback and Suggestions
11. Content Moderation and Takedown Procedures
12. Intellectual Property Rights
13. Mobile Application Terms
14. Third-Party Services and Links
15. Advertising and Promotions
16. Service Availability, Maintenance, and Suspension
17. Privacy and Data Protection
18. Retention and Backups
19. Termination and Suspension
20. Disclaimers
21. Limitation of Liability
22. Indemnification
23. Governing Law and Dispute Resolution
24. Miscellaneous
25. Contact Information
1. Acceptance of Terms
By using, accessing or downloading the Services in any manner, you agree to these Terms and to our Privacy Policy. These Terms apply to all users of the Services, including visitors, customers, contributors, and content creators. If you enter into these Terms on behalf of an entity, you represent and warrant that you are authorized to bind that entity.
2. Changes to Terms and Service Updates
We may revise these Terms from time to time. For material changes, we will provide prior notice (for example, via email or an in-app notice) at least seven (7) days before the change takes effect, except that changes required for security, legal compliance, to fix critical bugs, or to address urgent operational needs may take effect immediately. Continued use of the Services after the effective date of any change constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services and may terminate your account as described below.
3. Eligibility and Minimum Age
The Services are available only to individuals who can lawfully enter into contracts. You affirm that you are at least 13 years old. If you are a minor under the laws of your jurisdiction, you must obtain permission from a parent or legal guardian to use the Services and to accept these Terms on your behalf. We do not knowingly permit users under applicable age thresholds (e.g., 13 in many jurisdictions) to register without parental consent.
4. Description of Services
The Services enable users to create, edit, and generate video content using AI models, upload and store media files, access certain community features, and use related tools. Services may include free tiers, trial periods, subscription plans, in-app purchases, and features offered on a paid basis. We may introduce, modify, or discontinue features in our discretion.
The Services are not designed to comply with certain industry-specific regulatory regimes (such as HIPAA or GLBA). If your use would require such compliance, you must not use the Services for those regulated purposes.
5. Account Registration and Security
To access certain features you may be required to register for an account. You agree to:
- Provide accurate, current, and complete information during registration and to update such information as needed.
- Maintain the confidentiality of your account credentials and protect them from unauthorized use.
- Be solely responsible for activity on your account, whether authorized by you or not.
- Notify us immediately of any suspected unauthorized access or other security breach by contacting [email protected].
We reserve the right to suspend or terminate accounts, refuse registrations, delete or reclaim usernames, and take any action we deem necessary to protect the Services and other users.
6. Subscriptions, Purchases, and Payment Terms
Certain parts of the Services may be provided for a fee. When you purchase a subscription or other paid feature you agree to the following:
- Payment must be by a valid payment method accepted by us (credit/debit card, platform billing such as Apple App Store / Google Play, or other permitted methods).
- You authorize us (or our payment processors) to bill your chosen payment method for the total amount of your purchase, including taxes and fees, if applicable.
- Prices, billing cycles, and trial durations are described on the Services. We may change prices or fees upon notice; changes to recurring subscription fees will be communicated as required by applicable law.
- If payment authorization is declined, we may suspend or terminate access to paid features until payment is made.
- All monetary amounts referenced in the Services are displayed in the currency indicated at the time of purchase. Where applicable, you are responsible for any foreign transaction fees or currency conversion charges imposed by your payment provider.
7. Refunds and Cancellations
Refund eligibility is determined by our Refund Policy and applicable platform rules. Refund requests should be submitted to [email protected] within the timeframe and subject to the conditions set forth in the Refund Policy. For purchases made through app stores, refunds and cancellations may also be subject to the store's policies.
You may cancel recurring subscriptions at any time through account settings or the app store; cancellations will apply to the next billing cycle. We do not generally provide refunds for partial use except as required by law or at our discretion.
8. User Conduct and Prohibited Activities
You agree not to use the Services to:
- Violate applicable laws, regulations, or third-party rights.
- Upload, post, transmit, or otherwise make available any content that is unlawful, infringing, defamatory, obscene, sexually explicit, hateful, violent, harassing, or otherwise objectionable.
- Upload or transmit malware, viruses, trojans, or any code designed to disrupt, damage, or gain unauthorized access to systems.
- Attempt to reverse engineer, decompile, disassemble, or derive source code from the Services, except where expressly permitted by law.
- Scrape, mine, or systematically extract data from the Services without our prior written consent.
- Impersonate another person or provide false information.
- Interfere with the operation of the Services or any user's enjoyment of the Services.
- Use the Services to create competing products or services, or to build profiling tools or systems that identify natural persons.
- Bypass restrictions on the Services, including rate limits, access controls, or licensing limitations.
We may investigate and take appropriate action (including removing content, terminating accounts, and cooperating with legal authorities) in our discretion.
9. User Content and License Grants
User Content Definition. "User Content" means any content that you upload, provide, post, or submit to the Services, including audio, video, images, text, metadata, and other files.
Ownership. You retain ownership of rights you hold in your User Content. By providing User Content to the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content for the purpose of operating, providing, promoting, and improving the Services and as otherwise permitted by these Terms and our Privacy Policy. This license continues even if you stop using the Services, unless and to the extent you delete your User Content and it is no longer retained pursuant to our retention policies.
User Representations. You represent and warrant that you own or have the necessary rights, licenses, and consents to grant the license above and to submit the User Content.
Public Contributions. If you post content to public areas (for example community galleries or public comments), such content may be viewable by other users and may be indexed or cached by third parties.
10. Feedback and Suggestions
We welcome feedback and ideas. By submitting feedback, ideas, or suggestions you grant us an irrevocable, perpetual, transferable, sublicensable, royalty-free license to use, copy, modify, distribute, and otherwise exploit such feedback for any purpose without obligation to you.
11. Content Moderation and Takedown Procedures
We may remove or restrict access to User Content that we reasonably believe violates these Terms, applicable laws, or third-party rights. If you believe your content has been removed in error or wish to submit a copyright infringement notice (e.g., DMCA where applicable), contact [email protected] and provide adequate information to evaluate the claim, including:
- Identification of the allegedly infringing material and its location;
- Sufficient information for us to contact you;
- A statement that you have a good faith belief the material is infringing; and
- A statement, under penalty of perjury, that the information you provided is accurate and you are the copyright owner or authorized to act on behalf of the owner.
We will follow applicable law in handling takedown requests and counter-notifications.
12. Intellectual Property Rights
All rights, title, and interest in and to the Services (excluding User Content) and all software, code, documentation, data, text, images, designs, logos, trade names, trademarks, and other content included in the Services are owned by us or our licensors. Except as expressly provided in these Terms, no rights or licenses are granted to you.
13. Mobile Application Terms
If you access the Services via a mobile application provided through an app store, your use is also subject to the store's terms. Mobile app license: We grant you a limited, non-exclusive, non-transferable license to download, install, and use the app on devices you own or control in accordance with these Terms. You must comply with the app store's rules and not attempt to modify or circumvent the app's security features.
14. Third-Party Services and Links
The Services may include features, content, or links to third-party services (payment processors, cloud providers, analytics, social networks, etc.). We are not responsible for those third parties' practices, and you should review their terms and privacy policies before use.
15. Advertising and Promotions
We may present advertisements, sponsored content, or special promotions within the Services. You agree that advertisers may use tracking technologies and that your interactions with ads are governed by those advertisers' terms and policies. We do not guarantee the quality, safety, or legality of any product or service advertised.
16. Service Availability, Maintenance, and Suspension
We aim to provide stable service but may perform maintenance, updates, or emergency interventions that could temporarily interrupt the Services. We reserve the right to restrict, suspend or discontinue the Services (or features) without liability. We shall not be liable for outages or for loss of access due to scheduled or unscheduled maintenance.
17. Privacy and Data Protection
Our Privacy Policy explains how we collect, use, and share information and describes your rights. By using the Services you agree to our data practices as described in the Privacy Policy. For questions or to exercise your privacy rights contact [email protected].
18. Retention and Backups
We retain data as necessary to provide the Services, for legal compliance, and for legitimate business purposes. While we maintain routine backups, you are responsible for retaining copies of your own User Content. We are not liable for loss or corruption of User Content except as required by applicable law.
19. Termination and Suspension
We may suspend or terminate your access if you breach these Terms or for other reasons. You may close your account at any time through account settings or by contacting [email protected]. Termination does not relieve you of obligations incurred prior to termination. Upon termination, licenses granted to us for your User Content survive only as necessary for us to comply with legal obligations, to resolve disputes, prevent fraud, and for internal recordkeeping.
20. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
21. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS (USD $100), WHICHEVER IS GREATER. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS; IF APPLICABLE LAWS PREVENT THE ENFORCEMENT OF THE ABOVE LIMITATIONS, THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED.
22. Indemnification
You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents and affiliates from any claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your User Content; (c) your use of the Services; or (d) your violation of third-party rights or applicable law.
23. Governing Law and Dispute Resolution
These Terms are governed by the laws of the jurisdiction in which Hangzhou Yita Elephant Technology Co., Ltd. is incorporated. Except as otherwise required by law, you and we agree to attempt to resolve disputes amicably. If unresolved, disputes shall be submitted to binding arbitration under the rules of a recognized arbitration institution selected by us, with the seat of arbitration in the jurisdiction of our incorporation. The language of arbitration will be English unless the parties agree otherwise. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidentiality obligations.
24. Miscellaneous
Severability. If any provision of these Terms is held invalid, the remainder shall remain in full force and effect.
Entire Agreement. These Terms and any documents expressly incorporated herein constitute the entire agreement between you and the Company concerning the Services.
Assignment. We may assign or transfer our rights and obligations under these Terms to an affiliate or a successor without your consent. You may not assign these Terms without our prior written consent.
No Waiver. Failure to enforce any right shall not constitute a waiver of that right.
Export Controls. You agree to comply with all applicable export and re-export laws and regulations. You will not use the Services in violation of such laws.
25. Contact Information
If you have questions about these Terms, to report abuse, to request support, or to submit legal notices, contact us: