Terms of Service

1. Agreement to these terms

These Terms of Service are a legally binding agreement between you, whether personally or on behalf of an organisation ("you"), and Adori AI, Inc., which operates Podeo.ai ("Podeo", "we", "us" or "our"). They cover your access to and use of podeo.ai, app.podeo.ai, and the Podeo video generation platform, software and services (together, the "Services").

We are registered in Delaware, United States and our registered office is at 18582 Allendale Avenue, Saratoga, CA 95070.

By accessing the Services you confirm that you have read, understood and agree to be bound by these terms. If you do not agree with all of them, you are prohibited from using the Services and must stop immediately.

We may change these terms from time to time. We will update the date at the top of this page when we do, and you waive any right to specific notice of each change. Continuing to use the Services after a change means you accept the revised terms, so please check this page regularly.

The Services are licensed to you, not sold. Supplemental terms may apply to particular features, and where they conflict with these terms, the supplemental terms govern for that feature.

The Services are intended for users who are at least 13 years old. Anyone who is a minor where they live must have a parent or guardian read and agree to these terms, and must be supervised by them.

The information on this site is not intended for anyone in a jurisdiction where providing it would be unlawful or would subject us to a registration requirement. If you use Podeo from such a place, you do so on your own initiative and are responsible for complying with your local law.

2. Our intellectual property

We and our licensors remain the sole owners of all right, title and interest in the Services. Except as stated in these terms, we grant you no rights in our patents, copyrights, trade secrets or trademarks, and we reserve all rights not expressly granted.

The source code, databases, software, designs, audio, video, text, photographs, graphics, trademarks and logos that make up the Services are owned by or licensed to us and protected by copyright, trademark and other laws. They are provided as-is for your information and personal use. You may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell or licence any part of them for any commercial purpose without our prior written permission.

3. Your account

By registering for Podeo you represent and warrant that:

• The registration information you give us is true, accurate, current and complete, and you will keep it that way
• You have the legal capacity to agree to these terms
• You are at least 13 years old, and if you are a minor where you live, you have your parent or guardian’s permission
• You will not access the Services by automated or non-human means
• You will not use the Services for any illegal or unauthorised purpose
• Your use of the Services will not break any applicable law or regulation

If you give us information that is untrue, inaccurate, out of date or incomplete, we may suspend or terminate your account and refuse any current or future use of the Services.

Keep your password confidential. You are responsible for everything that happens through your account. Tell us immediately if you become aware of unauthorised use. You may not share your account credentials, except with an authorised account administrator, and you may not use anyone else’s account. We may remove, reclaim or change a username we consider inappropriate or objectionable.

4. Your content

"Content" means any material you upload or import into the Services, including audio files, video files, images, text and documents.

You own it

You keep all rights and ownership in your Content. We claim no ownership of it.

The licence we need to run the service

To operate the Services we need certain permissions from you. When you upload Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable and transferable licence to use, reproduce, publicly display, distribute, modify, publicly perform and translate that Content, as needed to carry out what you have asked the product to do, such as generating your video or storing and sharing it on your instruction. This licence exists only to operate and improve the Services.

You can end this licence at any time by removing your Content from the Services. Some copies may remain in routine backups for a limited period.

What you promise us

By uploading Content you confirm that you have all the licences and permissions needed to use and share it, and the rights needed to grant us the licence above. This matters most for music, sound recordings, images and the names or likenesses of people appearing in your Content.

Sharing

Some features let you share your Content with other people or make it public. Once shared, others may use, copy, modify or re-share it. We do not monitor or control what they do with it. You are responsible for choosing the right access level for your Content and for telling others how it may be shared. If you do not choose an access level, the system may apply its most permissive setting.

Storage

Where the Services store your Content, we recommend you keep your own backup elsewhere. We may set reasonable technical limits on file size, storage and processing, and may suspend the Services until you are within your plan’s storage limits. When your licence term ends we will make commercially reasonable efforts to let you move your Content out, and you must do so within 30 days. After that we may delete it.

Although we run regular backups, you are solely responsible for the data you transmit. We are not liable to you for any loss or corruption of that data.

Feedback

You do not have to send us ideas or suggestions. If you do, you grant us a non-exclusive, worldwide, royalty-free, sublicensable and transferable licence to use them without obligation to you.

5. Acceptable use

Use the Services responsibly and only for the purpose we make them available for. You must not:

• Copy, modify, host, stream, sublicense or resell the Services
• Let others use the Services through your account credentials
• Use the Services to build a database, or scrape, data-mine or systematically extract content from them
• Access the Services by any means other than the interface we provide
• Circumvent any access, security or usage restriction we put in place
• Upload or share Content that infringes anyone’s intellectual property rights
• Upload or share Content that is unlawful, harmful, threatening, abusive, defamatory, obscene, invasive of privacy, or hateful
• Impersonate any person or entity, or misrepresent your affiliation with one
• Upload viruses, malware or any code designed to harm or limit the Services
• Disrupt or interfere with anyone else’s use of the Services, including harassing, intimidating or stalking others
• Send chain letters, junk mail, pyramid schemes, phishing or other unsolicited messages
• Advertise or sell goods and services through the Services without our prior approval
• Reverse engineer, decompile or disassemble any part of the Services, except where the law expressly permits it
• Harass, annoy, intimidate or threaten our employees or agents
• Use the Services to compete with us
• Break any applicable law or regulation

6. Fees, payment and cancellation

We accept major credit and debit cards, including Visa, Mastercard, American Express and Discover, processed securely through Stripe.

You agree to give us current, complete and accurate purchase and account information, and to keep your payment method and billing details up to date so we can complete your transactions. All payments are in US dollars. Sales tax is added where required. We may change prices at any time.

You authorise us to charge your chosen payment method for the amounts due. If your purchase renews on a recurring basis, you consent to us charging your payment method each period without asking you again, until you cancel.

You are responsible for any taxes and third-party fees, including card fees, foreign exchange fees and foreign transaction fees. If you do not tell us about a change to your payment method, we may use card-provider update programmes to obtain the new details and continue billing.

We may correct errors or mistakes in pricing even after payment has been requested or received, and we may refuse any order.

Free trial

We may offer a free trial to new users at our discretion. No charge applies during the trial. Unless you cancel before it ends, the account converts to a paid subscription and is charged accordingly.

Cancellation and refunds

All purchases are non-refundable. You can cancel at any time by emailing operations@adoriai.com. Cancellation takes effect at the end of your current paid term, and you keep access until then. Ending your account does not remove any obligation to pay outstanding fees. If you are unhappy with the Services, please email us at the same address.

7. Privacy

Our Privacy Policy explains how we collect, use and share information about you, and it forms part of these terms. By using the Services you agree to it.

The Services are hosted in the United States. If you use them from a region with different data protection rules, you are transferring your data to the United States and agree to it being processed there.

8. Third-party sites and content

The Services may link to other websites and may give you access to content from third parties, including stock image and video libraries. We do not investigate, monitor or check that content for accuracy or suitability, and we are not responsible for it.

When you choose images, footage or other material from a third-party source for use in your video, you access it at your own risk and you are responsible for copyright and any infringement arising from what you choose.

Linking to a third-party site is not an endorsement. Once you leave the Services, these terms no longer govern, and you should read the terms and privacy policy of wherever you land. Any purchase you make from a third party is between you and them.

9. Publishing to YouTube

Podeo uses YouTube API Services to upload video and provide analytics. We are committed to complying with YouTube’s Terms of Service, the YouTube API Services Terms of Service, and Google’s Privacy Policy, and by using the YouTube publishing feature you agree to them too.

As the creator, you agree that you own or have all the rights needed for YouTube to distribute your video worldwide, in perpetuity, in all media. That includes rights in musical compositions, sound recordings, audiovisual content, images, other intellectual property, and the names or likenesses of anyone appearing in it. You agree to obtain those rights so that no payment obligation, such as royalties, residuals or reuse fees, arises for Google or for us.

10. Moderation and investigations

We do not review everything uploaded to the Services, but we may use technologies, vendors or processes to screen for illegal content such as child sexual abuse material, and for abusive behaviour such as spam or phishing.

We reserve the right, but are not obliged, to monitor the Services for breaches of these terms, to take legal action against anyone who breaks the law or these terms, to restrict or disable any Content, to remove files that are excessive in size or burdensome to our systems, and otherwise to manage the Services to protect our rights and keep them working properly.

We may access or disclose information about you or your use of the Services where the law requires it, to respond to your support requests, or where we consider it necessary to protect the rights, property or safety of our users, the public or us.

11. Your indemnity

You agree to defend, indemnify and hold harmless Adori AI, Inc., its subsidiaries, affiliates, officers, agents, partners, licensors and employees against any loss, damage, liability, claim or demand, including reasonable legal fees, made by a third party and arising from your use of the Services, your breach of these terms, your breach of your representations and warranties, your violation of a third party’s rights including intellectual property rights, or any harmful act toward another user.

We may, at your expense, take exclusive control of the defence of any matter you are required to indemnify us for, and you agree to cooperate. We will make reasonable efforts to notify you of any such claim once we become aware of it.

12. Disclaimer of warranties

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU USE THEM AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We make no warranty about the accuracy or completeness of the content on the Services or on any site linked from them, and we accept no liability for errors or inaccuracies in content, for personal injury or property damage arising from your use of the Services, for unauthorised access to our servers or to information stored on them, for any interruption of transmission, for viruses transmitted through the Services by a third party, or for any loss or damage arising from content posted or made available through the Services.

If you publish your Content through the Services, we are not responsible for its loss, corruption or damage, for its deletion by anyone other than us, or for its inclusion by third parties on other sites.

13. Limitation of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE LESSER OF THE AMOUNT YOU PAID US IN THE THREE MONTHS BEFORE THE CAUSE OF ACTION AROSE, OR US$100.00.

Some US states and some countries do not allow limits on implied warranties or the exclusion of certain damages. If those laws apply to you, some or all of the above may not apply, and you may have additional rights.

14. Termination

These terms remain in force while you use the Services. We may, at our sole discretion and without notice or liability, deny access to the Services to any person for any reason, including breach of these terms or of any applicable law. We may terminate your use, delete your account, and remove any content you posted, at any time and without warning.

You may stop using the Services at any time. Termination does not relieve you of the obligation to pay outstanding fees.

If we terminate or suspend your account, you must not register a new one under your name, a false name or the name of a third party. We reserve the right to pursue civil, criminal and injunctive remedies.

15. Dispute resolution

Informal negotiation first

To keep the cost of any dispute down, both sides agree to try to resolve it informally for at least 30 days before starting arbitration. That period begins with written notice from one side to the other.

Arbitration

If you live in the Americas, JAMS will administer the arbitration in Santa Clara County, California under its Comprehensive Arbitration Rules and Procedures. If you live in Australia, New Zealand, Japan, mainland China, Hong Kong S.A.R., Macau S.A.R., Taiwan, South Korea, India, Sri Lanka, Bangladesh, Nepal or an ASEAN member state, the Singapore International Arbitration Centre will administer it in Singapore under its Rules of Arbitration. Otherwise the London Court of International Arbitration will administer it in London under the LCIA Arbitration Rules.

There will be one arbitrator, chosen by agreement between you and us. The arbitration will be conducted in English, though a witness whose first language is not English may testify in their own language with simultaneous translation, paid for by the party presenting that witness. Judgment on the award may be entered and enforced in any court with jurisdiction.

No class actions

You may only resolve disputes with us individually. You may not bring a claim as a plaintiff or class member in a class, consolidated or representative action.

Injunctive relief

If you or anyone else accesses or uses the Services in breach of these terms, we may apply for injunctive or equivalent urgent relief in any jurisdiction.

16. Copyright and the DMCA

We respect other people’s intellectual property rights and expect our users to do the same. We respond to clear notices of copyright infringement in line with the Digital Millennium Copyright Act.

Send a DMCA notice, DMCA counter-notice or trademark notice by mail to: Copyright Agent, Adori AI, Inc., 18582 Allendale Avenue, Saratoga, CA 95070. We provide a copy of every notice we receive to the user who uploaded the content in question.

We act only on notices that contain all of the following:

• A clear description of the copyrighted work you say has been infringed
• The URL where the allegedly infringing material sits on our Services, or a description detailed enough for us to find it
• A statement that you believe in good faith that the use is not authorised by the copyright owner, its agent or the law
• Your contact details, including name, physical address, email address and telephone number
• A certification, under penalty of perjury, that the notice is accurate, signed physically or electronically by the copyright owner or their legal representative

Before filing, please consider carefully whether the use is protected by fair use. Filing a notice where there is no infringing use can make you liable for costs and legal fees. If you are unsure, talk to a lawyer.

For a trademark notice, give us clear information about where the material is, complete information about your trademark, and your contact details.

17. Changes and availability

We may change, modify or remove anything on the Services at any time, at our discretion and without notice, and we are under no obligation to update information. We may modify or discontinue all or part of the Services without notice, and we will not be liable to you or any third party for doing so.

For paid offerings, we will make reasonable efforts to notify you before we change, update or discontinue something. If we discontinue the Services entirely, we will give you a reasonable period to download your Content, and we may provide a pro-rata refund for prepaid fees you have not used.

We cannot guarantee the Services will be available at all times. Hardware, software and maintenance can cause interruptions, delays and errors. You agree we have no liability for any loss or inconvenience caused by downtime. Nothing in these terms obliges us to maintain or support the Services or to supply corrections, updates or releases.

Pages describing the Services are reachable worldwide, but not every feature is available in every country, and it is your responsibility to make sure your use is lawful where you are.

18. General

Governing law

These terms and your use of the Services are governed by the laws of the State of California, applicable to agreements made and entirely performed within California, without regard to conflict of law principles.

Electronic communications

Visiting the Services, emailing us and completing online forms are electronic communications. You consent to receive communications from us electronically, and agree that electronic agreements, notices, disclosures and records satisfy any legal requirement that they be in writing. You agree to the use of electronic signatures and waive any right requiring an original signature or non-electronic records.

US government rights

The Services are "commercial items" as defined in FAR 2.101. Acquisition by a non-Department of Defense agency is subject to these terms under FAR 12.212 and FAR 12.211. Acquisition by a Department of Defense agency is subject to these terms under DFARS 227.7202-3, and DFARS 252.227-7015 applies to technical data. This clause supersedes any other FAR or DFARS provision addressing government rights in computer software or technical data.

Trade controls

The Services are subject to US and international laws governing import, export and use. You agree to comply with all of them.

Business audit rights

If you are a business or organisation, we may, no more than once every twelve months and on seven days’ notice, appoint our personnel or an independent auditor bound by confidentiality to verify that your use of the Services matches your licences. You will provide the records we request within 30 days. If the check reveals a shortfall, you will acquire the necessary licences immediately, and if underpaid fees exceed 5% of the licence fees payable, you will also cover the reasonable cost of the audit.

Notices

Send notices to us at Adori AI, Inc., 18582 Allendale Avenue, Saratoga, CA 95070. We may notify you by email, post, a message within the Services, or any other legally accepted means.

Other terms

• The English version of these terms governs their interpretation
• You may not assign or transfer these terms or your rights under them without our written consent, and any attempt to do so is void. We may transfer our rights to a third party
• Headings are for convenience and do not affect meaning
• If any provision is held invalid or unenforceable, the rest remains in full force
• Our failure to enforce a provision is not a waiver of it
• There may be typographical errors or omissions on the site, including in descriptions, pricing and availability. We may correct them and update information at any time without notice

19. Contact us

Questions about these terms? Email operations@adoriai.com, or write to Adori AI, Inc., 18582 Allendale Avenue, Saratoga, CA 95070.