Terms of Service — SpaceMotion

Welcome to SpaceMotion

These Terms of Service ("Terms") govern your use of the SpaceMotion website at spacemotion.ai and its subdomains, our software application, and all related services, content, and features (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY. By accessing or using the Services in any way, you represent that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.

1. Using SpaceMotion

1.1 The Service

SpaceMotion is a platform that provides AI-powered image and video generation services. The Services include our website, software application, and all related functionality. You must be at least 18 years old to use SpaceMotion. If you are under 18, you may not use the Services.

1.2 License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or business purposes. You may not copy, modify, distribute, sell, or lease any part of the Services, nor may you reverse engineer or attempt to extract the source code of our software.

1.3 Service Changes and Updates

We regularly improve our Services. We may, for example:

Update, modify, or discontinue any part of the Services at any time
Impose or modify limitations on certain features
Restrict access to parts or all of the Services

We'll try to give you notice of material changes that adversely affect you, but this isn't always practical.

1.4 Availability

We strive to ensure high reliability and uptime, but we make no guarantee of availability. The Services are provided "as is" and "as available." We may integrate with third-party applications, websites, and services that we do not control or guarantee.

1.5 Changes to These Terms

We may change these Terms from time to time. If we do, we will update the "Last Updated" date and post the updated terms on our website. Your continued use of the Services after changes take effect means you agree to the new Terms. If you don't agree, you must stop using the Services.

2. Accounts

2.1 Creating an Account

An account is required to access generation and certain other features. When you create an account, you must:

Provide accurate, complete, and current information
Keep your registration information up to date
Select a username you have the right to use
Not impersonate others
Be at least 18 years old

2.2 Third-Party Account Access

You may be able to access the Services using credentials from third-party services like Google or Discord. By doing so, you permit us to access certain information from that account as allowed by your privacy settings.

2.3 Account Security

You are responsible for keeping your account credentials secure, not sharing your account with anyone, and all activities that occur under your account. Notify us immediately at [email protected] if you suspect unauthorized use of your account.

2.4 Account Restrictions

You may not:

Create an account using false information
Create an account on behalf of someone else without permission
Have more than one account at a time
Create a new account if we've previously terminated your account

2.5 Account Termination

We may suspend or terminate your account at any time if you violate these Terms. If we terminate your account, you lose access to all Services and your data, and we have no obligation to store or return your data.

3. Purchases and Subscriptions

3.1 Membership Services and Credits

Account purchases and subscriptions provide you with:

Credits: Virtual credits used to generate content on SpaceMotion
Membership Services: Premium features available only to subscribers

3.2 Credit Rules

Credits may only be used for generating content on SpaceMotion
Credits are not redeemable for cash or other goods/services
Credits may not be transferred to other users
Credits necessary to generate content may change during the duration of a subscription
Unused credits do not carry forward after subscription termination
After your subscription ends, you lose access to paid credits

3.3 Payment Processing

We use Stripe, Inc. as our payment processor. By making purchases, you agree to Stripe's Terms of Service and Privacy Policy, and authorize us and Stripe to charge your chosen payment method. We are not responsible for errors or issues by the payment processor.

3.4 Billing and Charges

All prices are in U.S. Dollars
Prices do not include applicable taxes
You must pay all fees when due
If payment fails on a renewal date, we may terminate your Membership Services

3.5 Subscription Auto-Renewal

IMPORTANT: Unless you opt out of auto-renewal, any subscription will automatically renew for successive periods of the same duration at our then-current rate. To avoid being charged for a renewal, you must cancel before the end of your current subscription period.

3.6 Cancellation and Refunds

You may cancel your subscription at any time. If you cancel, your subscription remains active until the end of the current billing period. No prorated refunds are provided for the current billing period. Please refer to our Refund Policy for complete details.

3.7 Pricing Changes

We may change our subscription pricing at any time. If a price change affects your active subscription, we will notify you at least 30 days in advance. If you don't agree with the price change, you may cancel your subscription.

4. Generated Content and Ownership

4.1 Ownership of Generated Content

SpaceMotion makes no claims of ownership or copyright of AI-generated content. You may freely use content you generate for non-commercial purposes, subject to these Terms and applicable law. For certain subscription levels, you may also freely use generated content for commercial purposes, subject to these Terms and applicable law.

4.2 No Guarantees

AI model output may be unpredictable
Generated content is not guaranteed to match your input prompt
We make no warranties regarding the quality, accuracy, or nature of generated content
You are solely responsible for ensuring your use complies with all applicable laws

4.3 Restrictions on Content Generation

You may not attempt to generate content that:

Is illegal in your jurisdiction
Infringes intellectual property rights
Contains sexually explicit or pornographic content
Depicts minors in any inappropriate manner
Contains hate speech or discriminatory content
Promotes violence, harassment, or harm
Misrepresents someone or something as doing or saying something that was not actually done or said (e.g., creating a deepfake)
Violates any applicable law or regulation

4.4 Access Restrictions

Do not access our generation service except through spacemotion.ai or our official app
Only real human interactions are allowed
No automated access, bots, or scripts
No attempts to circumvent security features

5. User Content and Conduct

5.1 Your Responsibilities

You are solely responsible for all content you upload, post, share, store, or otherwise provide through the Services ("User Content"). You represent and warrant that:

You own or have all necessary rights to your User Content
Your User Content does not infringe any third-party rights
Your User Content complies with these Terms and applicable law

5.2 Prohibited Content

You may not upload, share, or transmit User Content that:

Is unlawful, harmful, fraudulent, or deceptive
Violates any law or regulation
Is threatening, abusive, harassing, or defamatory
Is obscene, lewd, indecent, or sexually explicit
Contains hate speech or discriminatory content
Promotes violence or animal cruelty
Har harms or exploits children in any way
Infringes copyright, trademark, patent, trade secret, or other intellectual property rights
Contains viruses, malware, or harmful code
Contains unsolicited advertising or spam

5.3 License to Your User Content

When you provide User Content through the Services, you grant SpaceMotion a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and display such content solely to operate and provide the Services, including to label, classify, and moderate content.

5.4 Privacy and Data Storage

Your creations are private by default and only shared if you choose to publish or share them. Data retention policies are described in our Privacy Policy.

5.5 Additional Restrictions

You may not:

Modify, reverse engineer, or decompile the Services
Circumvent any security features
Interfere with the proper functioning of the Services
Place unreasonable load on our infrastructure
Use automated tools to scrape, crawl, or copy data
Copy or store significant portions of Content from the Services
Remove or obscure copyright or proprietary notices

5.6 Enforcement

We reserve the right, but have no obligation, to monitor and review User Content, remove or refuse to process any User Content, and terminate accounts that violate these Terms. If you notice violations, please report them to [email protected].

6. Intellectual Property and Copyright

6.1 SpaceMotion's Rights

Except for User Content, SpaceMotion and its licensors own all rights, title, and interest in the Services, including software, code, algorithms, designs, graphics, user interfaces, trademarks, branding, documentation, and content. You may not remove, alter, or obscure any copyright, trademark, or proprietary notices.

6.2 DMCA Copyright Policy

We respect intellectual property rights and expect our users to do the same. We will respond to valid copyright infringement notices and may terminate repeat infringers.

6.3 Filing a Copyright Infringement Notice

If you believe content on SpaceMotion infringes your copyright, send a notice containing:

Your physical or electronic signature
Identification of the copyrighted work being infringed
Identification of the infringing material and its location
Your contact information
A statement that you have a good faith belief the use is not authorized
A statement under penalty of perjury that the information is accurate and you're authorized to act on behalf of the copyright owner

Send notices to: [email protected]

6.4 Counter-Notice Procedure

If your content was removed due to a copyright complaint and you believe it was removed in error, you may file a counter-notice containing:

Your physical or electronic signature
Identification of the removed material and where it appeared
A statement under penalty of perjury that the material was removed by mistake or misidentification
Your name, address, telephone number, and email
Consent to jurisdiction in the appropriate Federal Court

7. Disclaimers and Limitations of Liability

7.1 "AS-IS" Service Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SPACEMOTION DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

7.2 AI Output Disclaimer

We make no representation or warranty regarding the originality, legality, accuracy, or fitness of any AI-generated content, or whether AI output infringes third-party rights. You are solely responsible for your use of, and reliance upon, generated content.

7.3 Third-Party Content Disclaimer

We are not responsible for User Content or content provided by third parties, or the accuracy, legality, or quality of third-party content or services linked from our Services.

7.4 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SPACEMOTION SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, DATA, OR GOODWILL. UNDER NO CIRCUMSTANCES SHALL SPACEMOTION'S TOTAL LIABILITY EXCEED THE GREATER OF $100 OR THE AMOUNTS YOU PAID TO SPACEMOTION IN THE 12 MONTHS PRECEDING THE CLAIM.

7.5 Matters Beyond Our Control

We are not liable for delays or failures resulting from causes beyond our reasonable control, including acts of God, war, terrorism, pandemics, internet outages, cyber attacks, government actions, strikes, or unavailability of third-party AI models or services.

8. Indemnification

You agree to indemnify, defend, and hold harmless SpaceMotion, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

Your use or misuse of the Services
Your User Content or AI-generated content
Your violation of these Terms
Your violation of any law or third-party rights
Any dispute between you and a third party

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense.

9. General Provisions

9.1 Governing Law

These Terms are governed by the laws of the State of Delaware and applicable federal law, without regard to conflict of law principles.

9.2 Export Controls

You represent that you are not located in any U.S.-embargoed country, are not on any U.S. government list of prohibited or restricted parties, and will comply with all applicable export control and sanctions laws.

9.3 Electronic Communications

You consent to receive communications from us electronically, including email messages, posted notices on the Services, and in-app notifications. You agree that all electronic communications satisfy any legal requirement for written communications.

9.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations without our prior written consent. We may freely assign these Terms without your consent.

9.5 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SpaceMotion regarding the Services and supersede all prior agreements and understandings.

9.6 Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

9.7 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized SpaceMotion representative.

9.8 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

9.9 Users Outside the U.S.

The Services are controlled and operated from the United States. If you access the Services from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.

10. Contact Information

For questions, complaints, or notices regarding these Terms or the Services, contact us at:

Email: [email protected]

Company: SpaceMotion