Terms of Service

1. Who we are and this agreement

EverTwin is operated by EverTwin, Inc., a Delaware corporation ("EverTwin", "we", "us"). These Terms of Service ("Terms") are an agreement between EverTwin and you, or the company you represent ("you"), for use of evertwin.io, the EverTwin web app and any related services (the "Service").

By creating an account or using the Service you agree to these Terms, our Acceptable Use Policy and our Privacy Policy. If you use the Service for a company, you confirm you can bind it. Creators who license their likeness also agree to the Creator Likeness Terms, which take priority for that relationship.

2. Accounts

• You must be at least 18 and able to form a binding contract. The Service is for business use.
• Give accurate account information and keep it current. Keep your password safe; you are responsible for activity on your account.
• Tell us right away through support if you think your account has been used without permission.

3. Plans, credits and billing

Subscriptions

Paid plans are monthly subscriptions billed in US dollars through our payment processor, Stripe. Your plan renews automatically each month until you cancel. Prices and the credits each plan includes are shown on our pricing page and at checkout. Making videos requires an active paid plan.

Credits

• Each paid invoice adds your plan's monthly credits to your account. Credits are used per second of finished video at the rates shown on the pricing page, which depend on the presenter (for example, AI avatars use fewer credits per second than licensed real creators).
• Credits for a render that fails are returned automatically. Credits have no cash value, can't be transferred or sold, and are not refundable except as stated here or required by law.
• Unused credits stay on your account. You need an active plan to use them.

Changes and cancellation

• You can upgrade, downgrade or cancel any time from Billing. Upgrades take effect right away and any price difference is charged then. Cancellation takes effect at the end of the current billing month, and we don't give partial-month refunds unless the law requires it.
• If a payment fails, we may pause video generation until your card is updated.
• We may change plan prices or credit rates. We will give you at least 30 days' notice by email before a price change affects your subscription, and you can cancel before it takes effect.
• Taxes may apply depending on where you are, and are shown at checkout.

Creator licence fees

Some real creators charge a licence fee, which is shown before you license them. Licence fees are separate from plan credits and are governed by the licence you accept.

4. Your content

"Your Content" means what you give us: website and product links, product photos, logos, brand information, scripts, instructions, voice or video recordings and other material. You keep ownership of Your Content.

You give EverTwin a worldwide, non-exclusive, royalty-free licence to host, copy, process, adapt and display Your Content only to provide, secure and improve the Service for you, including sending it to the AI providers that generate your videos. We don't use Your Content to train our own models or sell it.

You confirm you have the rights needed for Your Content, including permission from any person who appears in it or whose voice it contains, and that it doesn't break the law or anyone's rights.

When you give us a link, you authorise us to read that page to fill in your brand and product details. Only give us links to sites you own or are allowed to use.

5. Generated videos

• Ownership. As between you and EverTwin, you own the videos, images, scripts and captions the Service makes for you ("Outputs"), subject to these Terms, any creator licence that applies, and third-party rights. We may keep copies to provide the Service, and may show a sample of Outputs only with your permission.
• Creator licence scope. Outputs that feature a licensed creator may only be used within that licence: the markets, categories, channels and term the creator approved. When a licence ends or is revoked, you must stop new uses and take down live ads within the period the licence states (currently 7 days for a revocation).
• Watermark. Outputs on the Basic plan carry an EverTwin watermark. Don't remove or hide it.
• Similar outputs. AI can produce similar results for different customers. Outputs may not be unique, and we don't guarantee that any Output is free of third-party rights.
• Review before you publish. AI output can be wrong. Check every Output for accuracy, claims, product details and legal compliance before you use it.

6. Presenters: AI avatars, virtual humans and creator twins

• AI avatars and virtual humans are synthetic people made with AI. They are not real people. Don't present them as real customers or real reviewers.
• Creator twins are AI likenesses of real people who signed a licence with us. You may only use a creator twin with an active licence, inside its scope, and the creator may need to approve your videos. Scripts may not say the creator personally bought or used your product unless that is true.
• If you upload your own face or voice to make a clone, you confirm it is you, or that you have the person's written consent.

7. Your responsibilities

• Follow our Acceptable Use Policy.
• Comply with advertising and consumer-protection laws where you run ads, including truth-in-advertising rules and endorsement rules such as the US FTC Endorsement Guides, and with platform rules (for example Meta, TikTok and YouTube policies on AI-generated content and branded content).
• Disclose that videos are AI-generated where the law or the platform requires it, and don't remove AI labels we add.
• You are responsible for the claims in your ads and for the products and services you promote.

8. Our service

We work to keep the Service available and secure, but we may change, add or remove features, and generation times can vary. Some features are labelled "coming soon" or "next"; we don't promise when or whether they will launch. We may set reasonable limits to protect the Service, such as rate limits.

Don't copy, reverse engineer, scrape, resell or interfere with the Service, or use it to build a competing product.

9. Third-party services

The Service relies on third parties such as Stripe for payments and AI providers for generation, and may connect to services you choose, like social media accounts. Your use of those services is also governed by their terms. We aren't responsible for third-party services we don't control.

10. Suspension and termination

You can stop using the Service and close your account any time through support. We may suspend or end your access if you breach these Terms or the Acceptable Use Policy, if required by law, or to protect people or the Service. Where reasonable we will tell you first and give you a chance to fix the problem. On termination, your right to use the Service ends; sections that by their nature should survive (such as ownership, licence scope, disclaimers, limitation of liability and indemnity) survive.

11. Disclaimers

The Service and Outputs are provided "as is" and "as available". To the extent allowed by law, EverTwin disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't guarantee ad performance, sales or results.

12. Limitation of liability

To the extent allowed by law: (a) EverTwin is not liable for indirect, incidental, special, consequential or punitive damages, or lost profits, revenue or data; and (b) EverTwin's total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the claim. These limits don't apply where the law doesn't allow them.

13. Indemnity

You will defend and indemnify EverTwin against third-party claims arising from Your Content, your ads and the products or services you promote, your use of Outputs outside a creator's licence, or your breach of these Terms or the law.

14. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules. Courts located in Delaware have exclusive jurisdiction, except that either side may seek urgent relief in any competent court. If you are a consumer, you keep any rights the law of your country gives you that can't be waived.

15. Changes and contact

We may update these Terms. If a change is material, we will email you or show a notice in the app at least 30 days before it takes effect. Continuing to use the Service after that means you accept the new Terms. If a part of these Terms is unenforceable, the rest still applies. These Terms, with the policies they refer to, are the whole agreement between us about the Service. If we provide a translation, the English version governs.

Questions: contact support or email [email protected].