01The agreement
These Terms of Service (the “Terms”) are a contract between you and Subicon LLC, a New Mexico limited liability company (“Subicon”, “we”, “us”), which operates Aventada at aventada.ai, including the website, the studio and our connector for AI apps (together, the “Service”).
By creating an account or using the Service, you agree to these Terms, to our Privacy Policy and to our Refund Policy. If you don’t agree, don’t use the Service.
02Your account
- You must be at least 18 years old and able to enter into a binding contract.
- If you use the Service for a company or another organisation, you confirm that you can bind it to these Terms, and “you” includes that organisation.
- You sign in with one-time codes sent to your email address. Keep that inbox secure: you’re responsible for everything done with your account, including by AI apps you connect to it.
- An account is for one person. Don’t share it, sell it or transfer it.
- Keep your account details accurate.
03The Service
Aventada lets you generate videos and images with AI models run by third-party providers. We choose the providers, and when one is unavailable we may run your generation with another provider offering the same model.
Models, features, prices in credits and limits (such as how many generations can run at once) can change. We may add or retire models, and we may refuse to run a prompt. We don’t guarantee that a generation will succeed or match what you had in mind.
Connected AI apps. You can connect AI apps such as Claude or ChatGPT to your account. A connected app acts for you within the access you approve, and the generations it starts use your credits. You can disconnect an app at any time from the studio. Those apps are run by other companies under their own terms.
Your own AI. Some features prepare prompts for you to run in an AI app with your own account. We don’t access that account; your use of it is between you and its provider.
We may interrupt the Service for maintenance, upgrades or reasons outside our control.
04Plans, credits and payment
Credits. Each generation costs credits. The price in credits is shown before you start and depends on the model, length, resolution and options you choose.
Plans. Our plans (currently Starter, Plus, Ultra and Teams) give you a number of credits each month. They’re billed monthly or yearly, in US dollars, through our payment provider, Stripe. The price is shown before you pay. You’re responsible for any taxes that apply; if we have to collect tax, it is shown at checkout.
Automatic renewal. Subscriptions renew automatically at the end of each billing period and are charged to your payment method until you cancel. You can cancel at any time from your account: cancellation takes effect at the end of the current period, and you keep access and your plan credits until then. If we change the price of your plan, we’ll tell you before the new price applies, and you can cancel before it does.
Changing plans. When you upgrade, the new plan’s credits arrive right away. Downgrades take effect at the next renewal.
When credits expire. Plan credits are added every month of your subscription, including on yearly billing, and expire at the end of that month: unused plan credits don’t roll over. Credits bought separately as a top-up, when offered, don’t expire while your account is open. When you generate, we use the credits that expire first.
Failed generations. If a generation fails or the model refuses your prompt, the credits it used come back automatically. If those credits expired in the meantime, they come back as new credits valid for 30 days.
What credits are. Credits are a prepaid right to use the Service. They have no cash value, can’t be exchanged for money, transferred or sold, and end when your account is deleted. Refunds are covered by our Refund Policy.
Failed payments. If a payment fails, we may pause your plan’s benefits until it’s settled.
05Acceptable use
You may not use the Service to create, upload or share, or to try to create:
- anything illegal, or anything that helps someone break the law;
- any sexual or sexualised content involving minors, real or fictional;
- intimate or sexual images of a real person without their consent;
- deepfakes meant to deceive, or content that impersonates a real person, without that person’s consent;
- content that infringes someone else’s copyright, trademarks, likeness, voice or other rights;
- harassment, threats, or content that targets people for abuse;
- malware, spam or phishing.
You also may not:
- get around our safety filters, those of our providers, or our usage limits;
- access other people’s accounts or data, or disrupt or overload the Service;
- scrape the Service, or copy or reverse-engineer it, except where the law allows;
- resell or share access to the Service without our written agreement.
We and our providers may block prompts and remove content that breaks these rules. We may suspend or close accounts that break them, and we report child sexual abuse material and other illegal content to the authorities as the law requires.
06Your content and outputs
Your inputs. You keep your rights in the prompts, images and other material you give us (“inputs”). You confirm that you have every right and consent needed to use them, including from anyone who appears in them.
Your outputs. As between you and us, you own the videos and images you generate (“outputs”), to the extent the law allows, and you may use them commercially. In some countries, AI-generated material may not be protected by copyright, and outputs may still be subject to other people’s rights.
What you allow us to do. You give us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit and display your inputs and outputs, only as needed to provide the Service to you. This includes sending them to the AI providers that run your generations. We don’t use your content to train AI models.
About AI outputs. Outputs are generated automatically. They can be inaccurate, unexpected or offensive, and they may look like outputs generated for other people or like existing works. Check your outputs before you use them: you’re responsible for how you use them.
Keep your own copies of anything important.
07Our rights
The Service, including its software, design and the Aventada name, belongs to Subicon. These Terms give you a personal right to use the Service, nothing more.
Model names shown on the Service are trademarks of their respective owners. Aventada is not affiliated with them.
If you send us feedback or ideas, we may use them without any obligation to you.
08Suspension and termination
You can stop using the Service and delete your account at any time from the studio settings. Deleting your account removes your content and any remaining credits. If you have a subscription, cancel it before deleting your account.
We may suspend or close your account if you break these Terms, if your use creates risk or legal exposure for us or others, or if a payment is not made. Where it’s reasonable, we’ll tell you first.
If we close your account for any other reason, or stop offering the Service, we’ll give you reasonable notice and refund the unused part of any prepaid subscription period.
The parts of these Terms that by their nature should continue after termination will continue.
09Disclaimers
To the fullest extent the law allows, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and that the Service will be uninterrupted or error-free.
10Limitation of liability
To the fullest extent the law allows, Subicon will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from the Service or these Terms.
Our total liability for all claims arising from the Service or these Terms is limited to the amount you paid us in the 12 months before the event giving rise to the claim.
Nothing in these Terms limits liability that can’t be limited by law, such as liability for fraud, or for death or personal injury caused by negligence.
11Indemnity
To the extent the law allows, you’ll defend and compensate Subicon against claims, losses and costs (including reasonable legal fees) arising from your inputs, your use of outputs, or your breach of these Terms.
12Governing law and disputes
These Terms are governed by the laws of the State of New Mexico, USA, without regard to its conflict-of-laws rules. Disputes will be heard by the state or federal courts located in New Mexico.
If you’re a consumer living in the European Union, the United Kingdom or another country with mandatory consumer protections, you keep those protections, including the right to bring a claim in the courts where you live.
Before starting a claim, please contact us: most problems can be solved quickly.
13Changes to these Terms
We may update these Terms. If a change is significant, we’ll tell you by email or in the Service before it takes effect. If you keep using the Service after that, the new Terms apply. If you don’t agree with them, stop using the Service and cancel your subscription.
14General
- These Terms, with the Privacy Policy and the Refund Policy, are the whole agreement between you and us about the Service.
- If part of these Terms can’t be enforced, the rest still applies.
- If we don’t enforce a right straight away, we don’t give it up.
- You can’t transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.
- We may send you notices by email, to the address on your account.
15Contact
Aventada is operated by Subicon LLC, a New Mexico limited liability company.
8206 Louisiana Blvd NE, Ste A #8276, Albuquerque, NM 87113, USA
support@aventada.ai