Terms of Service

1. Who we are and what these terms cover

These Terms of Service ("Terms") are an agreement between you and Wyattly LLC, a limited liability company organized under the laws of the State of Wyoming, United States, with its registered office at 30 N Gould St Ste R, Sheridan, WY 82801, USA ("we", "us", "our"). We operate Explainimate, its website and the services offered through it (the "Service").

By creating an account, buying credits or otherwise using the Service, you agree to these Terms and to our Privacy Policy and Refund Policy. If you do not agree, do not use the Service.

2. The Service

Explainimate turns a topic, a prompt or a script you provide into a hand-drawn explainer video. An AI model writes a scene-by-scene script for you to review, plans each scene as vector drawings, and, if you choose a voice, generates narration with AI text-to-speech. Your browser plays the drawing and encodes the video file when you export it, so the page must stay open until an export finishes.

We may add, change or remove features over time.

3. Eligibility and accounts

• You must be at least 13 years old to use the Service. If you are under 18, or under the age of majority where you live, you may use it only with the permission of a parent or guardian who agrees to these Terms.
• You can sign up with an email address and password, which you must verify, or, where offered, with a Google account. Give accurate information and keep your sign-in details secure. You are responsible for everything done through your account.
• One person, one account. Do not create multiple accounts, or delete and re-create accounts, to collect free credits or get around limits.
• Tell us promptly at [email protected] if you think someone else has used your account.

4. Credits

• What uses credits. Credits are used when the AI draws a video, makes a change you ask it to make, generates voice-over, or writes a script beyond the free scripts included each day or at the in-depth level. Every account gets a number of free scripts a day, higher once it has made a purchase; the current numbers are shown in the Service. Editing the script, editing drawings by hand and exporting your video do not use credits.
• How many. The number of credits a generation uses depends on the work the AI actually does, such as the number of scenes and the amount of text. Before a generation starts, an estimated amount is held from your balance; when it finishes, the actual amount is charged and the rest of the hold is released. If a generation fails, the credits held for it are returned.
• Free credits. We may give new accounts free credits so you can try the Service. Free credits are a promotional offer: we decide whether to offer them and how many, and may limit them to verified email addresses.
• How long credits last. Credits from a monthly subscription end with the billing month. Credits on a yearly subscription are added each month and last until the yearly term ends. Credits from a one-time credit pack are valid for 12 months from purchase. Expired credits cannot be restored or refunded.
• No cash value. Credits are a licence to use the Service, not money or property. They cannot be sold, transferred to another account or exchanged for cash.

5. Plans, payments and cancellation

• Prices, plans and credit allowances are shown on the pricing page. Prices are in US dollars and may not include taxes; any tax that applies is shown at checkout.
• Payments are processed by Stripe. We do not receive or store your full card number.
• Subscriptions renew automatically at the end of each monthly or yearly period, and the card on file is charged, until you cancel. You can cancel at any time from your account's billing settings. Cancelling stops the next renewal; you keep your plan and its credits until the end of the period you have paid for.
• If we change the price of a subscription, we will tell you before the change applies to you, and the new price will apply from your next renewal. You can cancel before then.
• If a payment fails, we may pause paid features until it succeeds.

6. Refunds

All payments are final and non-refundable, except for duplicate charges and where the law requires a refund. Consumers in the European Union and the United Kingdom have a 14-day right of withdrawal that ends when they start using the credits bought. The Refund Policy sets out the details and how to make a request.

7. Acceptable use

You must not use the Service to create, upload or share:

• sexual content involving minors, or any content that sexualizes minors;
• sexually explicit or pornographic content;
• content that harasses, threatens or promotes violence against people, or promotes terrorism or hatred based on protected characteristics;
• content that impersonates a real person or organization, or presents fabricated statements as theirs, in a way that could mislead;
• content that infringes someone else's copyright, trademark, privacy or other rights, including a photo of someone else's hand or likeness used without permission;
• content that is illegal where you or your viewers are, or that promotes illegal goods, services or activities;
• spam, malware or deceptive advertising.

You also must not: try to get around credit charges, limits or verification; scrape the Service or call its interfaces by automated means except as we allow; reverse-engineer, overload or disrupt the Service; or resell access to the Service without our written permission.

We may refuse, stop or remove any generation that we reasonably believe breaks this section, and suspend or close the accounts involved. Credits used on such generations are not returned.

8. Your content and your videos

• Your input. You keep all rights to the topics, prompts, scripts, notes and images (such as a photo of your hand) that you give the Service ("Input"). You confirm that you have the rights needed to use your Input this way.
• Your videos. As between you and us, you own the scripts, drawings and videos the Service generates for your account ("Output"), to the extent the law allows. Because AI produces Output, other users may receive similar Output, and you have no rights in Output generated for them.
• Commercial use. Output generated with credits from a paid subscription or credit pack comes with a worldwide, royalty-free licence to use it commercially, including in monetized videos, courses, advertising and client work, with no attribution required. Output generated with free credits is for personal, non-commercial and evaluation use only.
• Our materials. The drawing styles, hand images, fonts, the drawing engine and the rest of the Service belong to us or our licensors. You may use them as they appear in videos you export, under the licence above, but not separately (for example, you may not extract and resell our styles, hands or fonts).
• What you allow us to do. You give us a worldwide, non-exclusive, royalty-free licence to host, process and transmit your Input and Output only as needed to run the Service for you, keep it secure and comply with the law. We do not use your projects to train AI models, and we do not publish your projects.
• Responsibility. You are responsible for your Input and for how you use your Output, including checking that the narration is accurate and that the video does not infringe anyone's rights before you publish it.

9. AI-generated output

The Service uses third-party AI models. AI can make factual mistakes, misspell names or produce content you did not expect. Output is not professional, legal, medical or financial advice, and we do not guarantee that it is accurate, complete, unique or fit for a particular purpose. Review every script and video before you use it.

10. Third-party services

The Service relies on third parties, including payment, sign-in, email, storage, security-check and AI providers, as listed in the Privacy Policy. Their own terms may apply to you when you use them, for example Stripe at checkout or Google when you sign in with Google. We are not responsible for services we do not control.

11. Suspension and closing your account

You may delete your account at any time from your account settings. If you have an active subscription, cancel it first. Deleting your account permanently deletes your projects and any remaining credits, which are not refunded.

We may suspend or close your account, with notice where reasonable, if you break these Terms, if your use creates a risk or legal exposure for us or others, or if we stop offering the Service. If we stop offering the Service, we will give you at least 30 days' notice by email so you can export your videos.

12. Disclaimer of warranties

The Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Service will be uninterrupted or error-free, or that any export will succeed in every browser.

13. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for all claims relating to the Service is limited to the greater of (a) the amount you paid us in the 12 months before the claim arose, or (b) USD 50.

Nothing in these Terms limits liability that cannot be limited by law, or removes rights you have as a consumer under the laws of the country where you live.

14. Indemnification

You agree to defend and indemnify Wyattly LLC and its officers, employees and agents against claims, losses and expenses (including reasonable legal fees) arising from your Input, your use of Output, or your breach of these Terms.

15. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-law rules. Before filing a claim, please email us so we can try to resolve the issue informally. Any dispute that cannot be resolved this way will be brought in the state or federal courts located in Wyoming, unless the consumer protection laws of your country give you the right to bring it in your local courts.

16. Changes to these Terms

We may update these Terms. The date at the top of this page shows the latest version. If a change materially affects your rights, we will tell you by email or in the product before it takes effect. If you keep using the Service after a change takes effect, the new Terms apply; if you do not agree, stop using the Service and cancel any subscription.

17. Contact

Wyattly LLC, 30 N Gould St Ste R, Sheridan, WY 82801, USA Email: [email protected]