Everybody Studios — Terms of Service

These Terms of Service ("Terms") are an agreement between you and Everybody, Inc. ("Everybody," "we," "us"). They cover your use of Everybody Studios, including our website, apps, creative tools, connectors and related services (together, the "Service"). By creating an account or using the Service, you agree to these Terms, to our Privacy Policy and to our Content Rules. If you don't agree, don't use the Service.

Please read Section 17 carefully. It requires most disputes to be resolved through individual arbitration, not in court, and it waives class actions.

1. Who can use the Service

• You must be at least 18 years old, or the age of majority where you live if that is higher.
• If you use the Service for a company or other organization, you confirm you have authority to bind it to these Terms. In that case "you" includes that organization.
• You can't use the Service if the law or a previous suspension by us bars you from doing so.

2. Your account

• Give us accurate information and keep it up to date.
• You are responsible for everything that happens under your account. Keep your login secure, and tell us right away at support@everybodystudios.co if you think someone else has accessed it.
• On a Studio (team) plan, the account owner controls seats, the shared credit pool and team content. Team members' use of the Service is also the owner's responsibility.
• We may require email verification before you can generate content.

3. The Service

Everybody Studios lets you create images, video, music, voice, 3D models, scripts and longer projects such as films, music videos and series. You can also manage characters ("Cast"), assets and projects. Some features run on technology from third-party providers. We may add, change or remove features, models and providers at any time. Features marked as beta, preview or "coming soon" are provided as-is and may change or be discontinued.

Generated content is produced by automated systems. It may be inaccurate, unexpected, or similar to content made for other users. Review your outputs before relying on or publishing them.

4. Plans, credits and payment

Credits. Generating content uses credits. Each feature shows its credit cost before you generate. Costs depend on the model, length, resolution and other settings, and can change.

Plan credits. Paid plans include credits for each billing cycle. Unused plan credits do not roll over to the next cycle. The Free plan includes a one-time grant of credits.

Free trial. New accounts get a one-time Free trial of credits after confirming their email address. There is one Free trial per person: a second account, a re-created account or a temporary email address does not receive another. Free trial credits expire 14 days after they are granted at email verification, do not renew, have no cash value and cannot be transferred. Subscribing does not remove unused trial credits; they remain available until their original expiry date. Trial credits are used before plan credits and top-up credits. When they are used up, your account stays on the Free plan, which does not add new credits; choose a paid plan to keep creating.

Free plan. The Free plan costs nothing and does not grant credits. On Free you keep your account and the content you made, including work created on a higher plan, and you can view and download it; new work follows Free plan limits.

Top-up credits. Top-up packs can be bought while you have an active paid plan; they are not available on the Free plan or during the Free trial. They do not expire while your account is open, they are used after your plan credits, and they stay usable within Free plan limits if your paid plan ends.

No cash value. Credits are not money or property. They cannot be transferred, sold or exchanged for cash, except where the law requires otherwise.

Failed generations. If a generation fails, times out or is blocked by a provider, the reserved credits are returned to your balance automatically.

Subscriptions and renewal. Paid plans are billed in advance, monthly or annually. They renew automatically at the then-current price until you cancel. You can cancel at any time from the Billing page. Cancellation takes effect at the end of the current billing period: until then your plan, its limits and its credits stay, and you can resume. At the end of the period your plan moves to Free, unused plan credits expire, and top-up credits remain.

Price changes. We will notify you before a price change affects your subscription. The change applies from your next billing period, and you can cancel before then.

Upgrades and downgrades. These apply as shown at checkout or in the customer portal. Upgrades may be prorated.

Failed payments. If a payment fails, we may keep your access active for a short grace period. If the payment still fails, your plan may move to Free.

Refunds. Except where the law requires otherwise, payments are non-refundable. This includes partially used billing periods and credits you have used.

Taxes. Prices don't include taxes unless stated. You are responsible for any applicable taxes.

Payments are processed by a third-party payment processor. We don't store your full card details.

5. Your content

Inputs. "Inputs" are anything you provide, such as prompts, scripts, lyrics, images, audio, video, reference files and character details.

Outputs. "Outputs" are what the Service generates for you.

Ownership. As between you and Everybody:

• you keep whatever rights you have in your Inputs;
• we assign to you our right, title and interest, if any, in your Outputs.

Some Outputs may not be protected by copyright, and similar Outputs may be generated for other people. We don't guarantee that any Output is unique or legally protectable.

Commercial use. Outputs generated on a paid plan may be used for commercial purposes, subject to these Terms and our Content Rules. Outputs generated on the Free plan are for personal, non-commercial use only. To use one commercially, regenerate it on a paid plan.

License to us. You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display and adapt your Inputs and Outputs. We use this license only to:

• operate, secure and improve the Service;
• enforce these Terms;
• comply with the law.

This includes sending them to our providers so they can generate your Outputs. The license ends when you delete the content or your account, except for:

• copies we must keep for legal, safety or security reasons;
• content you shared publicly before you deleted it.

Sharing and Recreate. If you share content through a public link or publish it to a public area of the Service such as Explore, other people can view it. You also give us, and other users, a license to display it there. Where a feature allows it, other users can use your shared prompt and settings as a starting point for their own work ("Recreate"). You can stop sharing at any time. That stops future sharing, but it doesn't affect copies or works others made before you stopped.

Your responsibility. You confirm that:

• you have every right, license and consent your Inputs need;
• your Inputs and your use of your Outputs don't violate any law or anyone's rights, including copyright, trademark, privacy and publicity rights.

6. Likeness, voice and real people

• Upload a person's face, body, voice or other likeness only if you are that person or have their permission to use it in the way you intend.
• You may not create content that depicts or imitates a real, identifiable person in a misleading, sexual, defamatory or harmful way.
• You may not use voice tools to imitate a real person's voice without their consent.
• You may not present generated content of real people as authentic without clear disclosure.
• We may ask you to confirm consent, and we may remove content or suspend accounts where consent is missing or doubtful.

7. Content Rules and acceptable use

You must follow our Content Rules. Among other things, you may not use the Service to:

• create, request or share any sexual content involving minors. We report this to the authorities;
• create sexual or nude content, or graphic violence, gore, hate, harassment, or content that promotes self-harm;
• create deepfakes, impersonate others, or mislead people about who made content or whether it is real;
• infringe intellectual property, privacy or publicity rights;
• create spam, malware, fraud, election disinformation or other unlawful content;
• get around our moderation, credit limits, rate limits or security measures;
• reverse engineer the Service, scrape it, resell access, or use it to build a competing service;
• use automated means to access the Service, except through the connectors, APIs or tools we provide, and within their limits.

We check prompts, uploads and Outputs with automated systems, and we may review them manually. We may block generations, remove content, and limit, suspend or close accounts that break these rules. Our providers may also block content under their own policies.

8. Music and audio

• Music generated in the Service is an Output and follows Section 5.
• You are responsible for any lyrics, melodies or recordings you upload, and for clearing any third-party rights before you distribute music you make with the Service.
• Don't use the Service to imitate a specific artist's voice, or to reproduce an existing song, without the necessary rights.

9. Connectors and APIs

We may offer ways to use the Service from other apps, such as connectors for chat assistants, an API, or integrations. When you connect another app:

• you authorize it to act on your account within the permissions you approve, including spending your credits;
• you are responsible for what it does with that access.

You can disconnect an app at any time. These Terms also apply to your use of the Service through any connector or API.

10. Our intellectual property

The Service belongs to Everybody and our licensors and is protected by law. This includes our software, design, brand, templates, voices library, sample content and documentation. We give you a limited, revocable, non-exclusive, non-transferable license to use the Service under these Terms. "Everybody," "Everybody Studios" and our logos are our trademarks.

11. Feedback

If you send us ideas or suggestions, we may use them without any obligation to you.

12. Copyright complaints

If you believe content on the Service infringes your copyright, send a notice to support@everybodystudios.co with:

• your contact details;
• the work you believe is infringed;
• where the content is on the Service;
• a statement that you believe in good faith the use is unauthorized;
• a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for them;
• your physical or electronic signature.

We may remove content and close the accounts of repeat infringers. If your content was removed and you believe that was a mistake, you can send a counter-notice to the same address.

13. Suspension and termination

• You can stop using the Service and delete your account at any time.
• We may suspend or close your account, or limit access, if:
  • you break these Terms or our Content Rules;
  • the law requires it;
  • your use creates risk or harm to others or to the Service.
• Where reasonable, we will give you notice.
• If we close your account without cause, we will refund any prepaid, unused subscription fees for the remaining period.
• Unused credits are forfeited when an account is closed for a violation.
• Sections 4 (Refunds, No cash value), 5, 10–12 and 14–19 continue after termination.

14. Disclaimers

THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, EVERYBODY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THIS INCLUDES WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON'T WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE;
• OUTPUTS WILL BE ACCURATE, UNIQUE OR FREE OF THIRD-PARTY RIGHTS;
• ANY MODEL OR FEATURE WILL STAY AVAILABLE.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• EVERYBODY AND ITS AFFILIATES, OFFICERS, EMPLOYEES AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THIS INCLUDES LOST PROFITS, REVENUE, DATA OR GOODWILL.
• OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AND (B) US $100.

Some places don't allow these limits. Where that's the case, they apply only to the extent the law allows.

16. Indemnity

You will defend, indemnify and hold harmless Everybody and its affiliates, officers and employees against any third-party claims, losses and costs (including reasonable legal fees) arising from:

• your Inputs;
• your use of Outputs;
• your breach of these Terms;
• your violation of any law or third-party right.

17. Disputes, arbitration and class-action waiver

Informal resolution first. Before filing a claim, contact us at support@everybodystudios.co and give us 30 days to try to resolve it.

Arbitration. If a dispute isn't resolved, you and Everybody agree to resolve it through final and binding individual arbitration. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules. These disputes are not excluded:

• small-claims court actions;
• claims for infringement or misuse of intellectual property.

The arbitration may take place by video or in Delaware, or in your county of residence if you choose.

Class-action waiver. You and Everybody may bring claims only individually, not as a plaintiff or class member in any class, collective or representative action.

Opt-out. You can opt out of this arbitration agreement within 30 days of first accepting these Terms. To do so, email support@everybodystudios.co with the subject "Arbitration opt-out."

If any part of this Section is found unenforceable for a claim, that claim goes to the courts described in Section 18.

18. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules, and by the Federal Arbitration Act. Any claim not subject to arbitration will be heard only in the state or federal courts in Delaware, and both parties consent to their jurisdiction. Nothing here removes consumer protections you have under the laws of the place where you live.

19. General

• Changes. We may update these Terms. For material changes, we will notify you by email or in the Service before they take effect. If you keep using the Service after that, you accept the updated Terms.
• Entire agreement. These Terms, the Privacy Policy, the Content Rules and any plan terms shown at checkout are the whole agreement between us about the Service.
• Assignment. You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.
• Severability and waiver. If a provision is unenforceable, the rest stays in effect. Not enforcing a provision isn't a waiver of it.
• Force majeure. We aren't responsible for delays or failures caused by events beyond our reasonable control.
• Notices. We may send notices to the email on your account. Send notices to us at support@everybodystudios.co, or by mail to Everybody, Inc., 145 South Fairfax Ave., Los Angeles, CA 90036.

Contact

Everybody, Inc.
145 South Fairfax Ave.
Los Angeles, CA 90036
support@everybodystudios.co