Standard terms governing access to and use of the Animatix platform — self-serve and PLG subscribers.
These Terms of Service (the “Terms”) constitute a legally binding agreement made between you and Animatix AG (“Animatix,” “we,” or “us”), concerning your access to and use of the Service (as defined below). The Service is offered subject to your acceptance of all terms and conditions set forth herein.
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I ACCEPT,” BY EXECUTING AN ORDER, OR BY ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS; (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE; AND (C) IF ACCEPTING ON BEHALF OF AN ORGANISATION, REPRESENT THAT YOU HAVE AUTHORITY TO BIND THAT ORGANISATION. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.
1. Applicability
As used herein, “you” means the natural person or entity that has agreed to be bound by these Terms, including (i) a person or entity purchasing or registering for access to the Service, whether on a paid subscription, free trial, or other basis (a “Subscriber”), and (ii) an individual employee or representative of a Subscriber who accesses or uses the Service as an authorised user of such Subscriber (an “Authorised User”). If you are a Subscriber, you are responsible for all acts and omissions of your Authorised Users with respect to the Service, and for ensuring their compliance with these Terms.
Where Subscriber has executed a Master Service Agreement (“MSA”) with Animatix, the terms of that MSA shall govern the relationship between the parties and shall prevail over these Terms to the extent of any inconsistency.
2. The Service
Animatix operates an AI-powered video generation platform through its website at https://www.animatix.ai/ and such other subdomains or applications as Animatix may designate from time to time (the “Site”), together with all features, tools, APIs, and services included therein (collectively, the “Service”). The Service enables Subscribers to generate and produce creative content using AI-powered tools in accordance with their Subscription Plan.
The scope of your access to the Service may be determined by the terms of the applicable Subscription Plan selected by Subscriber and identified in an order form executed by Subscriber and Animatix (an “Order”). Animatix reserves the right to discontinue or modify any aspect of the Service at any time and at its discretion.
3. Changes to the Terms
Animatix reserves the right to modify these Terms at any time in its sole discretion. Any modifications will be effective upon posting to the Site. Your continued use of the Service confirms your acceptance of the updated Terms. You should review these Terms and the Animatix Privacy Policy regularly.
4. Access to the Service
4(a) Subscribers and Authorised Users
Subject to Subscriber’s compliance with these Terms, Animatix will provide access to the Service in accordance with Subscriber’s Subscription Plan and during Subscriber’s paid-up subscription period, as set forth in the Order.
4(b) Limitations
The rights granted under Section 4(a) are non-exclusive, non-transferable, non-sublicensable, and revocable. Animatix may suspend or terminate access if Animatix reasonably determines that Subscriber or any Authorised User has violated any part of these Terms. All rights granted shall immediately terminate upon termination of these Terms or Subscriber’s Subscription Plan.
4(c) Rights of Subscribers
As between Animatix and Subscriber, Subscriber shall be responsible for determining the scope and level of each Authorised User’s access to the Service, subject to all usage restrictions set forth herein or in the Order. Subscriber may at any time revoke or limit the access of any Authorised User.
5. User Accounts
To access the Service, you will be required to establish one or more Animatix user accounts (each, a “User Account”). You must provide accurate, current, and complete information and keep such information up to date. You are responsible for maintaining the confidentiality of your credentials and for all activities conducted through your User Account. You shall immediately notify Animatix of any actual or suspected unauthorised access to your User Account. Animatix is not liable for any loss or damage arising from your failure to comply with this Section 5.
6. User Content
6(a) Your Submitted Content
The Service may permit you to upload or input information, data, materials, visual content, images, trademarks, trade names, logos, and other content (“Submitted Content”). As between you and Animatix, you are solely responsible for the accuracy, quality, integrity, legality, and appropriateness of all Submitted Content.
You shall not upload Submitted Content that: (i) infringes the intellectual property or other proprietary rights of any third party; (ii) you know to be inaccurate or incorrect; (iii) violates applicable law; (iv) is immoral, libellous, defamatory, threatening, vulgar, obscene, or harmful to minors; or (v) contains malware, viruses, or other malicious code.
Where Submitted Content includes personal data subject to applicable data protection law (including the GDPR or UK GDPR), such processing shall be governed by the Data Processing Agreement (“DPA”) executed between Animatix and the relevant Subscriber, which DPA shall apply in addition to and alongside these Terms.
6(b) User-Generated Content
The Service is designed to allow you to generate creative content based on Submitted Content (“Generated Content”). As between you and Animatix, you are solely responsible for your processing of Submitted Content, for any Generated Content produced, and for any use of or reliance on such Generated Content. Animatix has no control over and makes no representations or warranties with respect to the accuracy, quality, or reliability of any Submitted Content or Generated Content.
By creating any Generated Content, you represent, warrant, and covenant that: (i) you have all rights necessary to use the Submitted Content; (ii) the Generated Content is not immoral, libellous, defamatory, threatening, vulgar, obscene, or harmful to minors; (iii) the Generated Content does not violate applicable law; and (iv) the Generated Content does not violate the intellectual property or other proprietary rights of any third party.
6(c) AI Tools
You understand that Generated Content is a function of your Submitted Content and its interaction with certain artificial intelligence tools (the “AI Tools”). Animatix integrates third-party AI foundation models via API as a deployer; Animatix does not develop or train the underlying foundation models, and obligations applicable to foundation model providers remain with the respective providers.
Animatix makes no representations or warranties that: (a) any Generated Content will be accurate, appropriate, or compliant with applicable law; (b) Generated Content will be unique to you and not substantially similar to content generated by other users; (c) Generated Content will be copyrightable or subject to legal ownership by you; or (d) AI Tools have been trained on commercially viable data. The AI Tools may be subject to terms and conditions imposed by the applicable AI Tool provider, and you agree to comply with all such terms.
6(d) Data Use — Service Delivery Scope
Animatix processes Submitted Content and Generated Content solely to deliver the Service to you and, where applicable, to your Authorised Users. Specifically, Animatix may use Submitted Content and Generated Content to:
- operate and maintain the technical infrastructure necessary to provide the Service;
- perform quality assurance, error correction, and security monitoring in connection with the Service;
- comply with applicable legal obligations.
For the avoidance of doubt:
- Animatix does not use Submitted Content, Generated Content, or Output to train, fine-tune, benchmark, or otherwise improve any AI model, algorithm, or dataset, whether operated by Animatix or by any third-party provider.
- Animatix does not use Submitted Content or Generated Content to develop new products or services, or to make data analytics or insights available to any third party.
- Animatix does not permit cross-client access to or reuse of Submitted Content or Generated Content.
Animatix may collect, aggregate, and analyse technical performance and usage data relating to your use of the Service (“Aggregated Statistics”) on a de-identified and anonymised basis, provided that such Aggregated Statistics do not incorporate or derive from the substance of any Submitted Content or Generated Content. Animatix may use Aggregated Statistics to monitor, maintain, and improve the operational performance and reliability of the Service.
6(e) Data Storage
Animatix is not a provider of data back-up, archiving, or data retention services. As between you and Animatix, you are solely responsible for backing up, archiving, and retaining all Submitted Content, Generated Content, and any other of your information, data, or materials. Upon termination of your access to the Service, Animatix will retain Submitted Content and Generated Content for a maximum of thirty (30) days, after which Animatix reserves the right to permanently delete such content without further notice or liability to you.
Where Subscriber has executed an MSA with Animatix, the data retention and transition assistance provisions of that MSA shall apply in lieu of this Section 6(e).
7. Animatix Obligations
Animatix does not monitor or police communications, data, or content transmitted through or generated on the Service, and will not be responsible for such content. Notwithstanding the foregoing, Animatix may, at its option and in its sole discretion, monitor and remove any content that Animatix determines violates these Terms or otherwise exposes Animatix or its users to risk of liability.
8. Objectionable Materials
By accessing and using the Service, you may encounter content that could be deemed offensive, indecent, or objectionable (“Objectionable Materials”). No safeguard will be completely effective in all circumstances, and Animatix will not have any liability for any failure to accurately identify or prevent the display of Objectionable Materials. Accordingly, any use of the Service is at your sole risk with respect to such content.
9. Prohibited Activities
You agree to access and use the Service solely for your personal or internal business purposes, in accordance with any Animatix user documentation and all applicable laws. You shall not (and, if you are a Subscriber, shall ensure that your Authorised Users do not):
- copy, reproduce, modify, decompile, disassemble, create derivative works of, or reverse engineer the Service or any associated software;
- provide third parties with access to the Service for time-sharing or similar purposes, or sell, resell, rent, or lease the Service;
- remove any copyright or proprietary notices from the Service or any output thereof;
- breach, disable, or tamper with any security measure provided or used by the Service;
- access the Service via any bot, web crawler, or non-human user;
- access or use the Service for any unlawful purpose, for benchmarking, or for competitive intelligence purposes;
- attempt to gain unauthorised access to the Service or any related systems, software, or networks;
- access the Service to build a competitive product or service, or to copy any features, functions, or graphics of the Service;
- overload or interfere with the proper function of the Service; or
- use the Service to transmit viruses or malicious code.
10. Term and Termination
These Terms shall remain in full force and effect while you use or have access to the Service. Animatix may terminate these Terms or restrict your access at any time, including if Animatix determines in its reasonable discretion that you have violated any part of these Terms, or if Subscriber fails to pay any amounts due on the applicable due date; provided that, except in cases of material breach or non-payment, Animatix shall use commercially reasonable efforts to provide at least fourteen (14) days’ prior written notice of termination. Any termination is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. Upon termination, you shall immediately cease to use the Site and the Service.
Where Subscriber has executed an MSA with Animatix, the termination and transition assistance provisions of that MSA shall apply in lieu of this Section 10.
11. Subscriptions and Fees
11(a) Subscription Plans
The Service is offered on a subscription basis in accordance with the Subscription Plan selected by the Subscriber and identified in the applicable Order. Animatix may modify, terminate, or replace any Subscription Plan from time to time in its sole discretion; provided that, in the case of a paid Subscription Plan, any such change shall not become effective until the end of the Subscriber’s then-current subscription term.
11(b) Subscription Fees
If you have purchased a paid Subscription Plan, you agree to pay all fees applicable to your Subscription Plan. By providing a Payment Method to Animatix, you expressly authorise Animatix to charge to your Payment Method all applicable fees at the applicable frequency and then-current rate. ALL SUBSCRIPTION FEES AND OTHER CHARGES ARE FULLY EARNED UPON PAYMENT AND ARE NON-REFUNDABLE.
11(c) Usage Levels
Pricing has been calculated based on certain usage tiers set forth in the Order. If Subscriber exceeds applicable usage levels, Animatix may charge applicable overage fees at then-current rates. Mid-term decreases to usage levels are not permitted.
11(d) Subscription Cancellation
Paid Subscription Plans shall automatically renew for additional subscription terms of the same length unless cancelled by Subscriber or terminated by Animatix before the date of renewal. To cancel, please send a written request to cancel@animatix.ai with the subject line “CANCEL SUBSCRIPTION”. Cancellation will not become effective until the expiration of the then-current subscription term. ANIMATIX DOES NOT PROVIDE REFUNDS OR CREDITS FOR SUBSCRIPTION PLANS.
Where Subscriber has executed an MSA with Animatix, cancellation and non-renewal shall be governed by the terms of that MSA, including any applicable notice periods set out therein.
11(e) Taxes
Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including VAT). You are responsible for payment of all such charges and any related interest or penalties, other than taxes based on Animatix’s net income.
12. Privacy
Information collected by Animatix is subject to the Animatix Privacy Policy, which is incorporated herein by reference. For enterprise clients, the processing of personal data is further governed by the Data Processing Agreement (“DPA”) executed between Animatix and the relevant Subscriber. In the event of any conflict between the DPA and these Terms with respect to the processing of personal data, the DPA shall prevail.
13. Intellectual Property
13(a) Animatix Intellectual Property
The Service and all software, technologies, and other materials embodied in or used to provide the same, and all intellectual property rights therein or relating thereto, are and shall remain the exclusive property of Animatix and its licensors. No rights are granted to you other than as expressly set forth herein.
13(b) Client Intellectual Property
As between you and Animatix, Subscriber owns all right, title, and interest in and to the Submitted Content and Generated Content. Animatix claims no ownership over Submitted Content or Generated Content and uses such content only to the extent strictly necessary to deliver the Service, as set out in Section 6(d).
13(c) Aggregated Statistics
Animatix may collect, aggregate, and use Aggregated Statistics (as defined in Section 6(d)) to maintain, monitor, and improve the operational performance and reliability of the Service. As between you and Animatix, Animatix is the sole and exclusive owner of all Aggregated Statistics and all intellectual property rights therein. Aggregated Statistics do not incorporate or derive from the substance of any Submitted Content or Generated Content.
13(d) Feedback
To the extent you provide Animatix with any suggestions, feature requests, evaluation results, or other feedback in relation to the Service (collectively, “Feedback”), you hereby assign to Animatix all right, title, and interest in and to such Feedback, including any intellectual property rights therein, and agree that Animatix will be free to use such Feedback in any manner without compensation or other obligation to you.
14. Third Party Applications
The Service incorporates Third Party Services, including AI Tools and AI Foundation Models, which are operated by independent providers. Animatix selects and integrates Third Party Services with reasonable care; however, Animatix does not control and assumes no responsibility for the content, accuracy, availability, or practices of any Third Party Service. Third Party Services are subject to their own terms and conditions, which may apply to your use of the Service. Where Subscriber has executed an MSA with Animatix, the terms governing Third Party Services used in connection with the Service are set out in the Data Processing Agreement and the Authorised Sub-Processor List maintained by Animatix. Animatix is not responsible for such third parties or their products or services.
15. Disclaimer of Warranties
THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. ANIMATIX HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. ANIMATIX MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE SERVICE, OR ANY CONTENT GENERATED THERETHROUGH. AS BETWEEN YOU AND ANIMATIX, YOU ASSUME ALL RISK IN CONNECTION WITH YOUR USE OF AND RELIANCE ON THE SITE AND THE SERVICE.
16. Indemnity
You agree to indemnify, defend, and hold Animatix and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your violation of these Terms; (b) any claim that the Submitted Content or Generated Content infringes, misappropriates, or otherwise violates the intellectual property or other proprietary rights of any third party; (c) your negligence or wilful misconduct; (d) your breach of any applicable law or regulation or violation of any third party’s rights; and/or (e) your violation of any Third Party Terms.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANIMATIX OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS, DATA, OR BUSINESS, WHETHER CAUSED BY TORT, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL ANIMATIX’S AGGREGATE LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO ANIMATIX IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
18. Intellectual Property Takedown Procedure
Animatix is committed to respecting and protecting the intellectual property rights of third parties. If you believe that any content available through the Service infringes your intellectual property rights, please submit a written notice to legal@animatix.ai including: (i) identification of the intellectual property right claimed to have been infringed; (ii) identification of the material claimed to be infringing and sufficient information to permit Animatix to locate the material; (iii) your contact details; and (iv) a statement that you have a good faith belief that the use of the material is not authorised by the rights holder, its agent, or applicable law. Animatix will review all notices received and take such action as it deems appropriate in its reasonable discretion, which may include removal of the relevant content.
19. Dispute Resolution
Informal Resolution
As a condition precedent to initiating any arbitration or other action, both you and Animatix agree to attempt to resolve any controversy, claim, or dispute arising out of or related to the Service or these Terms (“Claim”) by first providing written notice to the other party describing the facts and circumstances of the Claim, and allowing 30 days for the receiving party to respond or settle. Notices to Animatix should be sent to: Animatix AG, Attn: Legal, Bahnhofstrasse 30, 6300 Zug, Switzerland, with a copy to legal@animatix.ai.
Arbitration
To the extent a Claim cannot be resolved through informal dispute resolution, it shall be resolved through binding individual arbitration under the London Court of International Arbitration (LCIA) Rules, which are incorporated by reference. The number of arbitrators shall be one. The seat of arbitration shall be London, England. The language of proceedings shall be English. Any arbitration shall be confidential. Judgment on any award may be entered in any court of competent jurisdiction.
No Class Action
You and Animatix each agree that any proceeding, whether in arbitration or in court, shall be conducted only on an individual basis and not in a class, consolidated, or representative action.
20. Miscellaneous
20(a) Service Availability
The Service may be temporarily unavailable due to maintenance or other development activities. Animatix will use commercially reasonable efforts to provide advance notice of any such unavailability but shall not have any liability for planned or unplanned downtime.
20(b) Assignment
You may not assign or transfer these Terms or any of your rights or obligations hereunder without Animatix’s prior written consent. These Terms are freely assignable by Animatix. These Terms shall be binding on the parties and their permitted successors and assigns.
20(c) Force Majeure
Animatix will not be liable for any delay or failure in performance of its obligations under these Terms if such delay or failure is due to any cause outside of its reasonable control.
20(d) Governing Law and Venue
These Terms and any dispute or claim arising out of or related to these Terms will be governed by and construed in accordance with the laws of England and Wales. Any dispute not subject to arbitration will be resolved in the courts located in London, England.
20(e) Notices
Except as otherwise set forth herein, any notice given under these Terms must be in writing and sent by email. Notices to Animatix must be sent to legal@animatix.ai. Notices to you will be sent to any email address associated with your User Account.
20(f) Severability and Waiver
If any part or provision of these Terms is held by a court of competent jurisdiction to be invalid, unenforceable, or in conflict with applicable law, that part or provision shall be replaced with a provision that, as far as possible, accomplishes the original purpose, and the remainder of these Terms will continue in full force and effect.
20(g) Entire Agreement
These Terms, together with the applicable Order and any executed DPA, constitute the sole and entire agreement between you and Animatix with respect to the subject matter hereof, and supersede all prior agreements, representations, and understandings. In the event of any conflict between the DPA and these Terms with respect to the processing of personal data, the DPA shall prevail.
Where Subscriber has executed an MSA with Animatix, the MSA together with all Order Forms, any executed DPA, and any executed NDA shall constitute the complete contractual framework between the parties, and the MSA shall prevail over these Terms to the extent of any inconsistency.
For questions regarding these Terms: legal@animatix.ai · www.animatix.ai
Animatix AG · Bahnhofstrasse 30, 6300 Zug, Switzerland