Terms of Service

Welcome to Framesail ("Company," "we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of our platform, including any associated software, websites, content, and services (collectively, the "Service"). By creating an account, purchasing a subscription, or otherwise using the Service, you ("Customer," "you," "your") agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Service.

1. Description of the Service

Framesail provides an AI-powered content generation platform that allows users to produce video content, images, audio, and related media using third-party AI models (including but not limited to Google Gemini, Veo, ElevenLabs, and others) accessed through our infrastructure. Use of the Service consumes "Tokens," which represent your allocated usage capacity under your active plan.

1.1 Operating Modes

The Service is available in two operating modes:

Standard Mode — Our managed pipeline. We handle prompt construction, model selection, and orchestration of the underlying AI models. You provide your topic or creative direction, and our system produces the output through our optimized workflow.

Expert Mode — A user-controlled mode in which you take direct control over the pipeline. In Expert Mode, you write and edit your own prompts, manage your own character, environment, and scene assets, and direct how the underlying AI models are invoked. We provide the infrastructure, asset management, and workflow orchestration tools; you provide the creative and technical instructions.

1.2 Expert Mode — User Responsibility and Token Consumption

By enabling or using Expert Mode, or by editing, overriding, or modifying any prompts, parameters, asset configurations, or other inputs that control how the AI models generate output, you acknowledge and agree to the following:

• You are in full control of the AI models. When you take manual control of the pipeline through Expert Mode or by editing any system-generated input, you assume complete responsibility for the instructions sent to the underlying AI models.
• We are a tool, not a quality guarantor. Our role in Expert Mode is to keep your assets, workflow, and model access in one place. We are not responsible for the quality, accuracy, suitability, or creative outcome of any content generated through your modified or self-authored inputs.
• Tokens consumed by regeneration are non-refundable. If you generate output you are unsatisfied with and re-run, regenerate, or iterate to achieve a better result, the Tokens consumed in those additional generations are not refundable. This applies whether the unsatisfactory output resulted from your prompts, your asset choices, your parameter settings, the inherent variability of the underlying AI models, or any combination thereof.
• Iterative generation is the nature of creative AI work. Multiple attempts to achieve a desired output is a normal part of using generative AI. You are responsible for managing your Token budget accordingly and for understanding that some portion of your Tokens will likely be spent on iterations that do not meet your standards.
• The same principles apply to any user editing. Any time you override, edit, or customize anything that influences AI generation — whether in Standard Mode, Expert Mode, or anywhere else in the Service — Tokens consumed under your modified inputs are treated as Tokens used at your direction and are non-refundable on quality grounds.

In plain terms: we give you the keys to drive the models. The quality of your output is a function of your inputs, your choices, and the underlying AI models' inherent variability. We are not liable for Tokens spent on regenerations to achieve your desired result.

2. Account Registration

To use the Service, you must:

• Be at least 18 years of age (or the age of majority in your jurisdiction)
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access to your account
• Be solely responsible for all activity under your account

We reserve the right to suspend or terminate accounts that violate these Terms or are used for fraudulent activity.

3. Plans, Pricing, and Token Allocation

3.1 Hybrid Subscription Model

Our Service operates on a hybrid pricing structure consisting of:

Subscription Plans: Recurring monthly or annual subscriptions that include a defined Token allowance for use during each billing cycle.

Token Top-Ups: One-time purchases of additional Tokens that supplement your subscription allowance. Top-Up Tokens are added to your account balance upon purchase.

3.2 Token Consumption

Tokens are consumed when you use the Service to generate content. Different actions (image generation, video generation, audio synthesis, etc.) consume different amounts of Tokens based on the underlying API costs and computational resources required. Token consumption rates are published in your dashboard and may be updated from time to time with notice.

Your dashboard displays your current Token balance, consumption history, and usage details in real time. You are responsible for monitoring your Token usage.

3.3 Token Rollover and Expiration

Unused Tokens — both Subscription Tokens and Top-Up Tokens — roll over from month to month so that you don't lose them when a new billing cycle begins.

However, all Tokens expire 3 months (90 days) from their date of purchase or allocation. This applies to both Subscription Tokens (expiring 90 days from the start of the billing cycle in which they were issued) and Top-Up Tokens (expiring 90 days from the date of purchase).

Once Tokens expire, they are permanently removed from your account balance and cannot be recovered or reinstated. Tokens are consumed on a first-in, first-out (FIFO) basis — meaning the Tokens closest to expiration are used first, helping you minimize loss to expiration.

Your dashboard displays the expiration date of each Token batch so you can plan your usage accordingly.

3.4 Pricing Changes

We may modify pricing, Token allocations, or consumption rates at any time. For active subscribers, material changes will take effect at the next billing cycle following at least 30 days' notice. Continued use of the Service after a pricing change takes effect constitutes acceptance.

4. Billing and Auto-Renewal

4.1 Subscriptions Auto-Renew

Subscription plans automatically renew at the end of each billing cycle (monthly or annually) at the then-current rate, charged to the payment method on file, until canceled. By subscribing, you authorize us to charge your payment method on a recurring basis.

4.2 Pre-Renewal Notification

For annual subscriptions, we will send you an email notification at least 7 days before each renewal charge. For monthly subscriptions, your billing date is fixed and visible in your dashboard.

4.3 Cancellation

You may cancel your subscription at any time from your account dashboard. Cancellation takes effect at the end of your current billing cycle. After cancellation, any remaining Tokens (subscription or top-up) in your account remain usable until they reach their 90-day expiration date as described in Section 3.3. No partial refund is issued for cancellation mid-cycle.

4.4 Failed Payments

If a renewal payment fails, we will attempt to retry the charge for up to 7 days. If payment cannot be collected, your subscription will be suspended and your account will lose access to subscription features. Top-Up Token balances remain available for use under any active free or paid tier.

5. Refund Policy

This section is critical. Read it carefully.

5.1 Core Principle

Because our Service incurs real, immediate, non-recoverable costs to third-party AI providers (Google, Anthropic, ElevenLabs, and others) every time Tokens are consumed, consumed Tokens are non-refundable. This policy is consistent with industry standards for credit-based AI services (OpenAI, Anthropic API, Midjourney, Runway, ElevenLabs, etc.).

5.2 Refund Eligibility

Refunds are available only for unused Subscription Tokens within the window defined below. Token Top-Up purchases are non-refundable in all circumstances.

For Subscription Plans:

• Within 14 days of your initial subscription purchase
• Refund amount = (unused Tokens / total Tokens issued for that billing cycle) × subscription price
• Renewal payments (after the first) are non-refundable except as described in Section 5.4
• Annual plans canceled mid-year are not refunded for unused months unless otherwise stated

For Token Top-Ups:

• No refunds are available on Token Top-Up purchases under any circumstances. Once a Top-Up is purchased, the Tokens are credited to your account immediately and the purchase is final.
• This applies regardless of whether the Top-Up Tokens have been used, partially used, or remain entirely unused at the time of any refund request.
• Top-Up Tokens remain subject to the 90-day expiration policy described in Section 3.3.

5.3 How Refunds Are Calculated

Example 1 — Subscription: You purchase a $50/month plan that includes 1,000 Tokens. Within the 14-day window, you have used 300 Tokens. You are eligible for a refund of $50 × (700/1,000) = $35.

Example 2 — Top-Up: You purchase a $20 Top-Up of 500 Tokens. Two days later, you change your mind. No refund is available — Top-Up purchases are final regardless of usage.

Example 3 — Fully Consumed Subscription: You purchase a $50/month plan and use all 1,000 Tokens within the first week. No refund is available, as all Tokens have been consumed and corresponding API costs have been incurred on your behalf.

5.4 Discretionary Refunds

Outside of the windows described above, refunds are at our sole discretion. We may, but are not obligated to, issue refunds or account credits for:

• Forgotten subscription renewals where the account shows minimal or no usage in the renewed cycle
• Service outages or significant degradation of the Service
• Documented billing errors on our part
• Other situations where we determine a refund is appropriate

We reserve the right to issue refunds as account credit rather than cash where appropriate.

5.5 Non-Refundable Situations

The following are not eligible for refund under any circumstances:

• Tokens consumed in generating content (regardless of whether you were satisfied with the output)
• Subscription periods that have already elapsed
• Output quality or content moderation decisions made by underlying AI providers
• Tokens consumed regenerating content to improve unsatisfactory output, including but not limited to regenerations in Expert Mode or after any user editing of prompts, assets, or parameters (see Section 1.2)
• Account terminations resulting from violations of these Terms
• All Token Top-Up purchases, regardless of when they were purchased or how many Tokens remain unused
• Subscriptions purchased more than 14 days prior, beyond the unused-token formula

5.6 How to Request a Refund

Email [email protected] with:

• Your account email
• Order or transaction ID
• Reason for the refund request

We will respond within 5 business days. Refunds, when issued, are returned to the original payment method and may take 5–10 business days to appear on your statement.

5.7 Chargebacks

We strongly request that you contact us before initiating a chargeback with your bank. Most issues can be resolved directly and faster than the chargeback process.

If you initiate a chargeback for a charge that violates these Terms (for example, disputing a charge for already-consumed Tokens), we will:

• Submit dispute evidence to the card network, including these Terms, your acknowledgment of them, your usage logs, and applicable Token consumption records
• Suspend your account pending resolution
• Reserve the right to terminate your account if the chargeback is determined to be in bad faith

By using the Service, you acknowledge that you have been clearly informed of our refund policy and that consumed Tokens represent real costs incurred by us on your behalf.

6. Acceptable Use

You agree not to use the Service to:

• Generate content that is illegal, defamatory, harassing, or violates the rights of others
• Generate sexual content involving minors, non-consensual sexual content, or content depicting real, identifiable individuals without consent
• Generate content intended to deceive, defraud, or impersonate others (including political deepfakes or misinformation)
• Reverse-engineer, scrape, or attempt to extract the underlying AI models or our infrastructure
• Resell, sublicense, or redistribute access to the Service without written authorization
• Circumvent Token consumption limits, rate limits, or other technical restrictions
• Use the Service to compete with us or to train competing AI models
• Violate the terms of service of any underlying AI provider whose models are accessed through the Service

We reserve the right to suspend or terminate accounts that violate this section without refund.

7. Content Ownership and License

7.1 Your Content

You retain ownership of the content you generate using the Service ("Generated Content"), subject to the underlying AI providers' terms. You are solely responsible for how you use Generated Content, including ensuring it complies with applicable laws, third-party rights, and platform policies (e.g., YouTube, TikTok, etc.).

7.2 License to Us

You grant us a limited, non-exclusive, worldwide license to host, store, and process your Generated Content solely for the purpose of providing the Service. We do not claim ownership of your Generated Content and do not use it to train models without your explicit consent.

7.3 Our Content

The Service itself, including software, interfaces, branding, documentation, and proprietary technology, remains our property. You receive a limited, revocable license to use the Service for its intended purpose during the term of your active account.

8. Third-Party AI Providers

The Service uses underlying AI models provided by third parties (including but not limited to Google, Anthropic, ElevenLabs). Your use of these models through the Service is also subject to their respective terms of service and acceptable use policies. We are not responsible for:

• Content moderation decisions made by underlying providers
• Service outages or rate limits imposed by underlying providers
• Changes to underlying provider models, pricing, or capabilities
• Output quality, accuracy, or appropriateness of content generated by these models

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF GENERATED CONTENT.

We do not guarantee that the Service will be uninterrupted, error-free, secure, or that any Generated Content will meet your expectations or be free from copyright concerns or harmful outputs.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 3 MONTHS PRECEDING THE CLAIM, OR (B) $100.

WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

11. Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, damages, or expenses (including attorney's fees) arising out of:

• Your use of the Service
• Your Generated Content and how you publish, distribute, or monetize it
• Your violation of these Terms or applicable law
• Your violation of any third party's rights, including intellectual property rights

12. Termination

You may terminate your account at any time. We may suspend or terminate your account for:

• Violation of these Terms
• Non-payment
• Fraudulent activity or chargebacks made in bad faith
• Use of the Service in a manner that creates legal or reputational risk
• Extended inactivity (12+ months)

Upon termination, your right to use the Service ends immediately. Unused subscription Tokens are forfeited. Unused Top-Up Tokens may be eligible for refund per Section 5, at our discretion if termination was for cause.

13. Changes to These Terms

We may update these Terms periodically. Material changes will be communicated via email and through the Service at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of British Columbia, Canada, without regard to conflict of law principles. Any dispute shall be resolved through the courts of British Columbia in Vancouver, BC.

15. Contact

Questions about these Terms?

• General: [email protected]
• Billing and refunds: [email protected]
• Legal: [email protected]

By creating an account or making a purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including the Refund Policy in Section 5.