Terms of Service

Last Updated: January 7, 2025

1. Agreement to Terms

By accessing or using Motion Ads (the "Service"), operated by Motion Ads SAS ("Motion Ads," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and Motion Ads SAS, a French société par actions simplifiée.

2. Service Description

Motion Ads is an AI-powered platform that transforms static advertising images into motion video ads. The Service includes:

  • Image Upload: Upload static advertisement images (JPG, PNG, WebP formats, up to 10MB)
  • AI Analysis: Automated analysis of your images to identify visual elements, text, colors, and motion opportunities
  • Video Generation: AI-powered creation of motion video variants from your static images
  • Multi-Platform Export: Videos optimized for various advertising platforms (Meta, TikTok, Google Ads, YouTube, LinkedIn, Instagram)
  • Credit System: Pay-per-use model within subscription tiers
  • Team Collaboration: Organization and team management features

3. Account Registration

3.1 Eligibility

To use the Service, you must:

  • Be at least 16 years old (or the age of majority in your jurisdiction if higher)
  • Have the legal capacity to enter into these Terms
  • Not be prohibited from using the Service under applicable laws

3.2 Account Creation

When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password confidential and secure
  • Notify us immediately of any unauthorized access to your account
  • Accept responsibility for all activities under your account

3.3 Organizations

If you create or join an organization:

  • The organization owner is responsible for all members' compliance with these Terms
  • Organization billing is managed at the organization level
  • Removing a member does not automatically delete their content

4. Subscription Plans and Credits

4.1 Subscription Tiers

We offer the following subscription plans:

| Plan | Monthly Price | Credits | Approximate Videos | |------|---------------|---------|-------------------| | Launch | $19/month | 75 credits | ~12 videos | | Growth | $49/month | 250 credits | ~40 videos | | Scale | $129/month | 750 credits | ~120 videos |

4.2 Credit System

  • Video Generation: 5 credits per video
  • Image Analysis: 1 credit per analysis
  • Variant Generation: Additional videos from the same image use the standard credit rate
  • Credits are allocated at the start of each billing cycle
  • Unused credits do not roll over to the next billing period unless otherwise specified in your plan

4.3 Billing

  • Subscriptions are billed monthly in advance
  • Payments are processed securely through Stripe
  • You authorize us to charge your payment method on file for all applicable fees
  • Failed payments may result in service suspension

4.4 No Refunds

  • All payments are final and non-refundable
  • Subscriptions are non-refundable, including for partial billing periods
  • Unused credits are not refundable upon cancellation or account closure
  • No refunds will be issued for any reason, including dissatisfaction with generated content or service quality

4.5 Price Changes

We may change our prices with 30 days' advance notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

5. Acceptable Use

5.1 You Agree To:

  • Use the Service only for lawful purposes
  • Comply with all applicable laws and regulations
  • Respect the intellectual property rights of others
  • Maintain the security of your account credentials

5.2 You Agree Not To:

  • Upload content you do not have the right to use
  • Upload content that infringes copyrights, trademarks, or other intellectual property rights
  • Upload illegal, obscene, defamatory, or harmful content
  • Upload content depicting illegal activities or promoting violence
  • Use the Service for spam, phishing, or other deceptive practices
  • Attempt to reverse-engineer, decompile, or extract the AI models or algorithms
  • Use automated scripts, bots, or scrapers to access the Service without permission
  • Circumvent usage limits, credit systems, or security measures
  • Resell, sublicense, or redistribute the Service without authorization
  • Interfere with or disrupt the Service or its infrastructure
  • Attempt to gain unauthorized access to other users' accounts or data

5.3 Content Guidelines

All uploaded images must:

  • Be owned by you or used with proper authorization/license
  • Not contain content that violates third-party rights
  • Not contain explicit sexual content, excessive violence, or hate speech
  • Not promote illegal products, services, or activities
  • Comply with advertising platform policies where you intend to use the generated videos

6. Intellectual Property

6.1 Your Content

  • You retain all ownership rights to images you upload
  • You retain all ownership rights to videos generated from your images
  • By uploading content, you grant us a limited license to process, store, and transform your images as necessary to provide the Service
  • This license terminates when you delete your content or close your account

6.2 Generated Content

  • Videos generated by the Service are your property
  • You may use generated videos for any lawful purpose, including commercial advertising
  • We do not claim ownership of your generated content

6.3 Our Intellectual Property

  • The Service, including its software, AI models, algorithms, design, and branding, is owned by Motion Ads SAS
  • You may not copy, modify, or create derivative works from our Service
  • Our trademarks, logos, and brand features may not be used without written permission

6.4 AI Training

  • We may use anonymized, aggregated data to improve our AI models
  • We do not use your specific uploaded images to train AI models accessible to other users without your explicit consent
  • You may opt out of AI improvement programs by contacting us

7. Service Availability

7.1 Uptime

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be unavailable due to:

  • Scheduled maintenance (we will provide advance notice when possible)
  • Unplanned outages or technical issues
  • Force majeure events

7.2 Processing Times

  • Video generation typically completes within 5-15 minutes
  • Processing times may vary based on server load and complexity
  • We do not guarantee specific completion times

7.3 Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice for significant changes that affect your use of the Service.

8. Disclaimers

8.1 "As-Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 No Guarantee of Results

  • We do not guarantee that generated videos will improve your advertising performance
  • Ad performance depends on many factors outside our control (targeting, creative quality, market conditions, platform algorithms)
  • Testimonials and case studies represent individual results and are not guaranteed

8.3 AI Limitations

  • AI-generated content may not always meet your expectations
  • Generated videos may require manual review before use
  • We are not responsible for how third-party platforms treat AI-generated content

8.4 Third-Party Services

We integrate with third-party services (payment processors, AI providers, cloud storage). We are not responsible for their availability, performance, or policies.

9. Limitation of Liability

9.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTION ADS SAS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or content
  • Service interruption or downtime
  • Advertising campaign performance
  • Third-party claims

9.2 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such cases, our liability will be limited to the maximum extent permitted by applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Motion Ads SAS, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you upload or generate through the Service

11. Termination

11.1 Termination by You

You may cancel your subscription and close your account at any time through your account settings or by contacting us. Upon cancellation:

  • Your access to paid features will continue until the end of your current billing period
  • You may download your content before account closure
  • Unused credits are forfeited

11.2 Termination by Us

We may suspend or terminate your account if you:

  • Violate these Terms
  • Engage in fraudulent or illegal activity
  • Fail to pay applicable fees
  • Abuse the Service or our support resources

We will provide notice before termination when reasonably possible, except in cases of serious violations.

11.3 Effect of Termination

Upon termination:

  • Your license to use the Service ends immediately
  • We may delete your content after a reasonable retention period (typically 30 days)
  • Provisions that by their nature should survive will remain in effect (including disclaimers, limitation of liability, and indemnification)

12. Governing Law and Disputes

12.1 Governing Law

These Terms are governed by the laws of France, without regard to conflict of law principles.

12.2 Jurisdiction

For users in the European Union, disputes shall be submitted to the competent courts of France. You may also have the right to bring proceedings in your country of residence.

For users outside the European Union, any disputes shall be resolved exclusively in the courts of France, and you consent to the personal jurisdiction of such courts.

12.3 EU Consumer Rights

If you are a consumer in the European Union, you retain any mandatory consumer protection rights under the laws of your country of residence. Nothing in these Terms affects your statutory rights.

12.4 Dispute Resolution

Before initiating formal proceedings, we encourage you to contact us at contact@motionads.ai to resolve disputes informally.

EU consumers may also use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Motion Ads SAS regarding the Service.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations without restriction.

13.5 Notices

We may send notices to the email address associated with your account. You are responsible for keeping your email address current.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by:

  • Posting the updated Terms on our website
  • Updating the "Last Updated" date
  • Sending an email notification for significant changes

Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and close your account.

15. Contact Us

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

Motion Ads SAS Email: contact@motionads.ai