Terms of Service
Last updated June 11, 2026.
This Agreement is entered into by WhatsGoodApps LLC (“WhatsGoodApps,” “We,” “Us,” or “Our”), the developer of the Higgs Ai app service (the “App,” “Service,” or “Services”), and the entity or person agreeing to these terms (the “Customer,” “You,” or “Your”), and governs the Customer’s access to and use of the Services.
For purposes of this Agreement, “Assets” means any content, materials, prompts, enhanced prompts, uploaded photos, submitted images, background images, subject images, product images, brand assets, logos, audio materials if supported, AI-generated videos, AI-generated animations, image-to-video outputs, text-to-video outputs, previews, exports, project history entries, metadata, graphics, images, video files, data, software components, credits, subscription allowances, purchased credit packs, bonus credits, or other information generated, provided, uploaded, submitted, processed, stored, or made available through the Services, whether created by Us, generated by automated systems, supplied by You, or supplied by third parties.
“User Content” means prompts, images, photos, videos, background images, subject images, product images, logos, brand assets, audio if supported, text, captions, slogans, product descriptions, and any other content or information that You upload, submit, enter, select, provide, or make available through the Services.
“Generated Output” means any video, animation, visual effect, image-to-video result, text-to-video result, edited media, preview, export, prompt-enhanced result, metadata, audio-related output if supported, or other output generated, modified, rendered, or produced by or through the Services.
This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the “Effective Date”) or to receive, generate, download, share, publish, or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.
Service Availability and Quality
We are constantly improving the Services to make them better. The Services are subject to modification and change. No guarantees are made with respect to the Services’ quality, stability, uptime, processing speed, rendering speed, video quality, availability, reliability, supported features, supported models, or generation results. Please do not create any dependencies on any attributes of the Services. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.
The Services may experience delays, failed generations, generation queues, provider outages, rendering interruptions, model changes, feature changes, unavailable styles, or other technical limitations. We may modify, suspend, restrict, or discontinue any portion of the Services at any time, including video-generation models, quality settings, credit costs, templates, prompt tools, asset-upload features, storage features, or export features.
Age Requirements
By accessing the Services, You confirm that You are at least 18 years old and meet the minimum age of digital consent in Your country. The Services are intended only for adults. You may not use the Services if You are under 18 years old.
If You are a parent or legal guardian and You believe that a minor has accessed or used the Services, please contact Us so that We may take appropriate action.
Your Information and Privacy Policy
By using the Services, You may provide Us with personal information and other information, including Your email address, user name, billing information, prompts, uploaded photos, images, people pictures, background images, subject images, product images, brand assets, generated videos, video settings, project history, app history, purchase history, credit history, usage information, and other information that You enter, upload, submit, select, or generate. Please see Our Privacy Policy.
Description of Services
Higgs Ai provides AI-powered tools that may allow users to create, generate, animate, edit, enhance, preview, export, save, or share AI-generated videos and related media. The Services may include text-to-video generation, image-to-video generation, prompt enhancement, template-based generation, optional background image uploads, optional subject or product image uploads, style selections, mood selections, lighting selections, camera movement selections, aspect-ratio selections, video-length selections, quality selections, text overlays, video history, credits, subscriptions, and other related features.
The Services are intended to provide creative, entertainment, personal, social media, promotional, and business-support tools. The Services do not guarantee professional, commercial, legal, advertising, marketing, production, intellectual-property, publicity-rights, or platform-policy suitability.
AI Video Generation Disclaimer
The App may use automated systems, artificial intelligence, machine learning, computer vision, algorithms, generative models, video-rendering systems, prompt-processing systems, or other automated technologies to process User Content and generate Assets. AI-generated videos and other Generated Outputs may contain errors, artifacts, flicker, distortion, unrealistic motion, inconsistent frames, inaccurate details, lighting inconsistencies, motion inconsistencies, altered appearances, missing details, extra details, unexpected objects, incorrect backgrounds, inaccurate subject placement, warped text, unreadable text, incorrect logos, changed product appearance, altered colors, strange physics, temporal inconsistencies, or other imperfections.
Results may vary significantly depending on prompt wording, prompt complexity, uploaded image quality, image resolution, lighting, angle, framing, subject placement, background complexity, selected settings, selected model, video length, quality setting, availability of third-party services, and other factors outside of Our control. The App does not guarantee that any Generated Output will match Your expectations, follow Your prompt exactly, preserve uploaded content exactly, or be suitable for any particular personal, social, commercial, advertising, legal, or professional use.
A generation that produces a completed video or other output may still be imperfect, unexpected, stylized, inaccurate, or unsuitable for Your intended use. You are solely responsible for reviewing all Generated Outputs before downloading, sharing, publishing, distributing, advertising, commercializing, or relying on them.
Prompts and Prompt Enhancement
The App may allow You to enter prompts, select prompt options, use templates, answer creative-direction questions, or use automated tools to improve, rewrite, expand, summarize, shorten, or otherwise enhance prompts. Prompt enhancement features are automated creative-assistance tools only. Enhanced prompts may change wording, add details, remove details, alter creative direction, or produce results that differ from Your original intent.
You are solely responsible for reviewing, approving, and submitting any prompt, enhanced prompt, template, caption, slogan, product description, or other text before generation. You agree not to submit prompts or instructions that violate these Terms, any applicable law, any third-party rights, or any applicable platform or provider policy.
Uploaded Images, Backgrounds, Subjects, Products, People Pictures, and Other Assets
The App may allow You to upload, capture, or submit photos, images, people pictures, background images, product images, subject images, logos, brand assets, characters, artwork, screenshots, or other content. You represent and warrant that You own or have all necessary rights, permissions, licenses, and consents to upload, submit, process, animate, edit, generate from, use, share, publish, distribute, and commercialize any User Content through the App, including all necessary permissions from any person appearing in or identifiable from such User Content.
If You upload an image or other content depicting a person, You represent and warrant that You have all necessary rights, permissions, and consents from that person to use their image, likeness, voice if applicable, identity, and related rights in connection with the Services and any Generated Output. You may not upload, generate, edit, distribute, or publish content depicting any person in a misleading, harmful, exploitative, sexual, defamatory, harassing, impersonating, or otherwise unlawful manner.
If You upload a product image, logo, brand asset, package, label, copyrighted work, character, artwork, background, or other third-party material, You represent and warrant that You have all necessary rights, permissions, licenses, and consents to use that content in connection with the Services and any Generated Output. WhatsGoodApps does not grant You any right to use any third party’s name, image, likeness, brand, logo, trademark, copyrighted work, character, product design, package design, voice, music, publicity right, privacy right, or other right.
User-Generated Content License
You retain ownership of Your User Content, subject to the rights and licenses You grant in this Agreement and any rights held by third parties. You grant WhatsGoodApps a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, process, analyze, transmit, display, modify, transform, create derivative works from, and create outputs from Your User Content solely as reasonably necessary to provide, maintain, operate, secure, support, and improve the Services, including generating videos, animations, previews, exports, prompt enhancements, project history, metadata, and other Assets.
You are solely responsible for Your User Content and for ensuring that Your upload, submission, use, editing, generation, transformation, sharing, publication, distribution, and commercialization of User Content and related Assets complies with all applicable laws and does not violate the privacy, publicity, intellectual property, contractual, advertising, consumer-protection, or other rights of any third party.
Publicity, Privacy, Intellectual Property, and Commercial Rights
You are solely responsible for obtaining any permissions, releases, licenses, or consents necessary to upload, submit, generate from, edit, use, share, publish, distribute, advertise, or commercialize any User Content or Assets. This includes, without limitation, permissions relating to people, likenesses, names, images, voices, brands, logos, products, packaging, locations, artwork, copyrighted materials, trademarks, music, sound recordings, characters, publicity rights, privacy rights, endorsement rights, and any other third-party rights.
WhatsGoodApps does not provide legal clearance, intellectual-property clearance, publicity-rights clearance, advertising clearance, music clearance, or brand-clearance services. You agree that You will not use the Services or Assets in any manner that infringes, misappropriates, violates, or otherwise interferes with any third-party rights.
Product, Logo, Text, and Brand Accuracy Disclaimer
Higgs Ai does not guarantee that any product, logo, label, package, brand name, slogan, text, visual identity, color, design, person, outfit, face, background, object, or other detail will be preserved accurately in any Generated Output. AI-generated videos may alter, distort, invent, omit, blur, or misrepresent details, including logos, labels, package designs, written text, product claims, colors, proportions, faces, hands, objects, and background elements.
You are solely responsible for reviewing any Generated Output before use, including for brand accuracy, product accuracy, legal compliance, advertising compliance, intellectual-property compliance, and suitability for Your intended purpose. You agree not to use any Generated Output in a misleading, deceptive, infringing, defamatory, unlawful, or otherwise harmful manner.
Advertising and Commercial Use Responsibility
If You use the Services to create ads, product videos, promotional videos, sponsored content, business videos, brand videos, app promos, social media marketing, testimonials, endorsements, product demonstrations, or other commercial content, You are solely responsible for ensuring that Your content complies with all applicable advertising, consumer-protection, endorsement, disclosure, intellectual-property, publicity-rights, privacy, platform, and industry-specific laws, rules, regulations, guidelines, and policies.
You agree not to use the Services to create false, misleading, deceptive, unsupported, unlawful, or unfair advertising claims, fake endorsements, fake testimonials, fake product demonstrations, fake before-and-after claims, misleading health, financial, legal, performance, safety, or earnings claims, or any other content that could mislead consumers or violate applicable law or platform rules.
WhatsGoodApps does not guarantee that any Generated Output will be accepted by any app store, advertising network, social media platform, marketplace, website, brand partner, regulator, payment processor, or other third party.
Synthetic Media and No Misrepresentation
The App creates synthetic, AI-generated, AI-modified, or AI-assisted videos and related media. You agree not to represent any AI-generated or edited output as authentic, unmodified, factual footage, real events, actual endorsements, real testimonials, real news coverage, real surveillance, real documentary footage, real public appearances, real product performance, proof of any real-world occurrence, or evidence of any real conduct unless such representation is accurate, lawful, non-misleading, and fully compliant with applicable disclosure requirements.
You agree not to use the Services to create, publish, distribute, or promote misleading synthetic media, fake evidence, scams, fraud, impersonation, harassment, defamation, non-consensual depictions, fake endorsements, fake political content, fake emergencies, false public-safety information, or content that could reasonably cause confusion, harm, reputational injury, financial injury, or legal injury.
Facial Recognition, Biometric, Voice, and Identity Disclaimer
The App may process visible features in uploaded images or generated videos for the purpose of generating, animating, editing, enhancing, transforming, previewing, exporting, storing, and providing related Service functionality. The App does not identify individuals, authenticate identity, verify identity, unlock accounts, match faces against identity databases, or use facial recognition for identity purposes.
The App’s processing of images or videos is not intended to create, collect, or use biometric identifiers or biometric information for identification, authentication, surveillance, tracking, security, or law enforcement purposes. Generated Outputs are automated creative media outputs and should not be treated as biometric identity verification, facial recognition, voice identification, or identity authentication.
Audio, Music, Voiceover, Dialogue, and Sound Features
The App may now or in the future support audio, music, voiceover, dialogue, sound effects, lip-sync, ambient sound, or other audio-related features. If the Services allow You to upload, submit, generate, edit, or use audio, music, voice, dialogue, or sound, You are solely responsible for ensuring that You have all necessary rights, permissions, licenses, and consents for such use.
You may not use the Services to clone, imitate, synthesize, alter, or generate a real person’s voice without all required authorization and consent. You may not use the Services to falsely depict any person as saying, singing, endorsing, agreeing to, or participating in anything they did not actually say, sing, endorse, agree to, or participate in. WhatsGoodApps does not provide music licensing, voice licensing, sound-recording licensing, synchronization licensing, or performance-rights clearance.
Prohibited Uses
We reserve the right to suspend or ban Your access to the Services at any time, and for any reason.
You may not:
Use the Services for competitive research or to build a competing product or service;
Upload, submit, generate, edit, animate, distribute, or publish images, videos, prompts, audio, logos, products, people pictures, or content that You do not have the right, permission, license, consent, or lawful authority to use;
Upload images, videos, or other content featuring another individual without all necessary rights and consent;
Upload images of minors or use the Services to create, edit, animate, enhance, modify, distribute, or publish images, videos, audio, or other content of minors;
Upload, generate, or distribute explicit, nude, pornographic, sexually exploitative, abusive, harassing, hateful, defamatory, unlawful, or otherwise objectionable content;
Use the Services to create, edit, distribute, or publish realistic videos of real people, public figures, private individuals, celebrities, influencers, employees, customers, or any other person without all required rights and consent, including videos that falsely depict a person speaking, acting, endorsing, appearing somewhere, participating in an event, or engaging in conduct they did not actually perform;
Use the Services to create, distribute, or publish non-consensual deepfakes, sexualized depictions of real people, fake intimate imagery, fake nudity, or content intended to exploit, humiliate, shame, bully, harass, embarrass, threaten, defame, impersonate, or otherwise harm any person or group of people;
Use the Services to create or distribute misleading, deceptive, fraudulent, defamatory, unlawful, or harmful videos, images, audio, or other media, including content that falsely suggests real news coverage, real evidence, real endorsements, affiliations, sponsorships, testimonials, public appearances, locations, events, product performance, or commercial claims;
Misrepresent any AI-generated or edited output as authentic, unmodified, factual, journalistic, documentary, evidentiary, or real-world footage when it is not;
Use the Services to impersonate another person, create fake endorsements, mislead others about identity or status, catfish, scam, commit fraud, or engage in false advertising or other deceptive conduct;
Use the Services to create misleading political, election-related, civic, public-interest, emergency, or public-safety content, including synthetic media that falsely depicts candidates, public officials, voters, election workers, voting procedures, emergencies, disasters, law-enforcement activity, military activity, health emergencies, or civic events;
Use the Services to make or support false, misleading, deceptive, or unsupported medical, health, financial, legal, investment, safety, performance, or earnings claims;
Use the Services to infringe, misappropriate, or violate any copyright, trademark, trade dress, publicity right, privacy right, contractual right, music right, voice right, or other third-party right;
Use the Services to create or promote illegal products, illegal services, illegal activity, dangerous activity, regulated goods without compliance, or content that violates applicable platform policies;
Reverse engineer, decompile, or attempt to extract the underlying algorithms, prompts, systems, or models used in the Services;
Use automated tools, bots, scripts, scraping systems, or other automated methods to access, interact with, abuse, or extract data from the Services;
Share Your account or allow multiple users to access the Services through a single account;
Violate these Terms of Service or any other policies applicable to the Services;
Upload or distribute content that is unlawful, harmful, abusive, harassing, defamatory, obscene, exploitative, infringing, invasive of privacy or publicity rights, or otherwise objectionable;
Interfere with, disrupt, overload, abuse, or attempt to gain unauthorized access to the Services, servers, models, payment systems, storage systems, or networks connected to the Services;
Access or obtain any materials or information through any means not intentionally made available by the Services;
Use the Services for fully automated decision-making that could adversely impact an individual’s legal rights or create binding obligations;
Use the Services in any way that violates any applicable national, federal, state, local, or international law or regulation; or
Attempt to do any of the foregoing.
We reserve the right to investigate complaints or reported violations of Our Terms of Service and to take any action We deem appropriate including but not limited to restricting access, suspending accounts, removing content, blocking generations, reporting suspected unlawful activity to law enforcement officials, regulators, platform providers, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, prompts, uploaded content, generated content, IP addresses, and traffic information.
Content Moderation and Enforcement
We may review, filter, reject, block, remove, disable, or restrict prompts, uploads, generated videos, generated images, audio-related content, accounts, projects, credit usage, or uses of the Services at Our discretion, including to enforce these Terms, comply with law, protect users, reduce abuse, satisfy app store rules, satisfy third-party provider requirements, or maintain the integrity of the Services.
We may use automated or manual review tools to detect abuse, enforce policies, improve safety, prevent prohibited content, or comply with third-party provider requirements. We have no obligation to generate, store, display, maintain, or distribute any specific User Content, prompt, or Generated Output.
Informational, Entertainment, Creative Tool, and No Professional Advice Disclaimer
The App provides automated AI video generation, image-to-video generation, text-to-video generation, prompt enhancement, creative video tools, and related media features for informational, entertainment, creative, personal, social, promotional, and business-support purposes only. The App does not provide legal advice, advertising advice, marketing advice, intellectual-property clearance, publicity-rights advice, privacy advice, professional video production services, media verification, identity verification, brand-clearance services, music-clearance services, or any other professional advice, and is not a substitute for advice from a qualified professional.
You acknowledge that any prompt, enhanced prompt, generated video, preview, export, visual effect, text overlay, audio-related output if supported, metadata, or other Asset provided by the App may be incomplete, inaccurate, inconsistent, unrealistic, unsuitable, unexpected, distorted, stylized, or inappropriate for Your specific prompt, uploaded assets, lighting, camera angle, image quality, product, person, background, goals, intended use, or circumstances.
No Monitoring Obligation
WhatsGoodApps does not monitor all User Content and has no obligation to review, verify, validate, or confirm the accuracy, legality, safety, consent, ownership, rights, commercial suitability, advertising compliance, or appropriateness of any uploaded image, prompt, submitted information, generated video, generated output, caption, text overlay, audio-related content, use, sharing, or other output.
Acceptable Use – Image, Video, Prompt, and Audio Content
You agree not to upload, submit, generate, or distribute User Content or Generated Outputs that are unlawful, harmful, abusive, misleading, explicit, exploitative, infringing, invasive of privacy or publicity rights, depict minors, include individuals without required consent, violate third-party rights, violate platform rules, or otherwise violate these Terms. WhatsGoodApps reserves the right, but has no obligation, to remove or restrict access to any User Content or Assets at its discretion.
In-App Purchases, Subscriptions, Credits, and Credit Packs
The App may offer paid features, in-app purchases, subscriptions, credits, purchased credit packs, bonus credits, promotional credits, usage allowances, video generations, premium features, quality levels, templates, or other digital features. Prices, availability, generation limits, credit costs, included features, renewal terms, and usage rules may vary and may be changed from time to time as permitted by applicable platform rules and law.
Different features and video generations may require different numbers of credits depending on factors such as video length, quality level, resolution, model, style, generation type, uploaded assets, prompt features, audio-related features if supported, re-generation, variation generation, extension, or other settings. The App may display the applicable credit cost before generation. You are responsible for reviewing the applicable credit cost before confirming any generation.
Credits, subscription allowances, purchased credit packs, bonus credits, promotional credits, and similar digital items are virtual app features only. They have no cash value, are not redeemable for money or property, are not transferable, are not refundable except as required by applicable law or app store rules, and may be modified, suspended, removed, reset, restricted, or discontinued as part of App changes, account issues, technical issues, policy enforcement, deletion of the App, loss of device data, or other circumstances.
You are responsible for reviewing all pricing, renewal, cancellation, credit, usage-limit, and refund terms presented by the applicable app store or payment platform before completing any purchase.
Subscription Credit Refresh and No Rollover
Higgs Ai may offer subscription plans that include a limited number of credits during each applicable subscription period. Depending on the subscription plan You select, Your subscription may include a monthly credit allowance or other usage allowance during each active subscription period.
Unless otherwise expressly stated, subscription-based credits and usage allowances are provided on a use-it-or-lose-it basis. Unused subscription credits and usage allowances do not roll over, accumulate, carry forward, convert into purchased credits, convert into cash, or become available for use after the applicable subscription period ends. If You do not use all subscription credits during a subscription period, You will not receive additional accumulated credits for missed or unused periods.
Your subscription credit allowance resets during each applicable subscription period while Your subscription remains active, subject to App availability, technical limitations, account status, provider availability, and these Terms. Any unused subscription credit allowance will not be restored, credited, refunded, or otherwise compensated if You do not use it before it expires.
Purchased credit packs, if offered, may be subject to separate rules presented at the time of purchase. Unless otherwise expressly stated, the App will use expiring or subscription credits before non-expiring purchased credits, but We do not guarantee any particular credit-consumption order unless expressly stated in the App.
Failed Generations and Credit Refunds
AI video generation can fail, time out, be blocked, or produce incomplete outputs due to technical issues, policy restrictions, provider outages, model limitations, prompt issues, upload issues, or other circumstances. If a generation fails due to a technical error and no usable output is delivered, credits may be automatically restored or restored at Our discretion, subject to app store rules, provider policies, abuse prevention, and technical feasibility.
A generation that completes and produces a video or other output is considered used even if You are dissatisfied with the creative result, subject to any goodwill credits We may provide at Our discretion. Dissatisfaction with style, realism, motion, quality, prompt adherence, product appearance, person appearance, text accuracy, logo accuracy, background accuracy, or other creative aspects does not automatically entitle You to a credit refund.
We may restrict, deny, or revoke credits, refunds, or account access in cases of suspected abuse, fraud, repeated failed-payment issues, prohibited content attempts, policy violations, or misuse of the Services.
Data Storage, Video History, and Loss of Content
User Content, prompts, uploaded images, background images, subject images, product images, people pictures, generated videos, previews, exports, metadata, project history, credit history, usage data, and other Assets may be stored persistently or temporarily for convenience, history, support, account functionality, moderation, safety, troubleshooting, or Service functionality. However, WhatsGoodApps does not guarantee permanent storage, backup, availability, or recoverability of any such content, outputs, videos, projects, credits, or usage history.
Generated videos, provider-hosted files, previews, temporary files, project files, and related assets may expire, be deleted, become unavailable, or fail to download. You are responsible for downloading or saving any Generated Outputs that You wish to keep. We do not guarantee that any video, upload, project, or history item will remain available indefinitely.
If the App is deleted, Your device is changed, access is lost, data is deleted, phone data is lost or corrupted, Your account is deleted, or the App’s local or associated storage is cleared, Your User Content, generated videos, project history, prompts, uploaded assets, credits, usage allowances, and other Assets may be permanently lost. You are responsible for maintaining any copies of content or outputs that You wish to keep.
Metadata, Labels, and AI Disclosure
Generated videos may include metadata, labels, technical markers, internal identifiers, invisible or non-visible indicators, or other information indicating that they were created, modified, processed, or generated using AI. We do not currently intend to include visible watermarks unless expressly stated in the App, but We reserve the right to add, modify, remove, or require metadata, labels, or other indicators as needed for technical, safety, legal, platform, or provider-related reasons.
You are responsible for complying with any legal, platform, advertising, contractual, or disclosure requirements relating to synthetic, edited, or AI-generated content, including any requirement to disclose that a video was created, modified, or assisted by AI.
Third-Party Services and AI Providers
The Services may rely on third-party AI models, generative AI providers, cloud providers, storage providers, hosting providers, moderation providers, analytics providers, app stores, payment processors, and other service providers. These third-party services may process prompts, uploaded images, background images, subject images, people pictures, product images, generated videos, audio-related content if supported, settings, usage data, technical data, and other information as reasonably necessary to provide the Services.
We are not responsible for third-party service outages, provider restrictions, model changes, safety filters, pricing changes, capability changes, queue delays, rendering failures, moderation decisions, storage limitations, app store decisions, payment processor decisions, or any other act or omission of any third-party provider.
Non-Reliance Clause
You agree that You are not relying on the App as Your primary source of professional video production, advertising guidance, marketing guidance, legal guidance, intellectual-property guidance, publicity-rights guidance, privacy guidance, media verification, identity verification, brand clearance, music clearance, reputational guidance, business guidance, or professional advice, and that any decision to use, share, publish, interpret, advertise, commercialize, or rely on the App’s outputs is made solely by You.
Limitation of Liability
To the fullest extent permitted by law, WhatsGoodApps LLC and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (including but not limited to loss of profits or any other financial losses) arising from:
Your use of or reliance on any prompt, enhanced prompt, generated video, image-to-video output, text-to-video output, animation, visual effect, edited media, preview, export, metadata, audio-related output if supported, credit, subscription allowance, or other Asset generated by or through the App;
Any inaccuracy, incompleteness, artifact, distortion, flicker, inconsistent frame, unrealistic motion, unexpected change, altered product appearance, altered person appearance, incorrect text, incorrect logo, incorrect background, or error in any output resulting from automated processing, including AI-based interpretation, transformation, animation, or generation of User Content;
Any incorrect, incomplete, distorted, inconsistent, unrealistic, or misleading output caused by poor image quality, improper camera angle, lighting issues, filters, editing, complex backgrounds, obstructed image details, prompt wording, prompt complexity, uploaded asset issues, model limitations, or failure to follow App instructions;
Any dissatisfaction, reputational concern, embarrassment, third-party reaction, platform restriction, ad rejection, takedown request, dispute, claim, or other personal, social, commercial, advertising, regulatory, intellectual-property, publicity-rights, privacy, or reputational impact arising from use of the Services or Assets;
Any failure of the App or Assets to achieve any desired aesthetic, realism, social media response, audience reaction, advertising performance, business outcome, personal result, commercial result, platform approval, brand approval, or any other result;
Any misinterpretation, misuse, captioning, sharing, publication, distribution, commercialization, advertising, or representation of User Content or Assets by You or any third party;
Any loss, deletion, corruption, reset, expiration, download failure, or unavailability of uploaded images, generated videos, project history, prompts, metadata, credits, subscription allowances, purchased credit packs, or other Assets, including due to deletion of the App or loss of device data;
Any decisions or actions taken by You based on the App’s outputs, prompts, visual effects, video generations, enhancements, or other Assets;
Any violation or alleged violation of advertising, consumer-protection, intellectual-property, publicity-rights, privacy, platform, music, voice, endorsement, disclosure, or other legal or third-party requirements arising from Your use of the Services or Assets; or
Your use of or interaction with any Third-Party Services.
Both the Services and the Assets are provided to Customer on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the Service and assume any risks associated with use of the Services.
The Service is not intended to provide financial, legal, medical, advertising, marketing, reputational, professional video production, media verification, publicity-rights, intellectual property, privacy, music licensing, voice licensing, or other professional advice.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WHATSGOODAPPS NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AFFILIATES AND AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHATSGOODAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY RELATED INFORMATION; (B) UNAUTHORIZED ACCESS TO THE SERVICES; (C) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE SERVICES; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL WHATSGOODAPPS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE PRICE YOU PAID FOR THE SERVICE IN THE LAST TWELVE (12) MONTHS. IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Indemnification
You will indemnify, defend and hold harmless WhatsGoodApps and its affiliates, shareholders, officers, directors, employees, agents and representatives from and against any and all claims, including all damages, judgments, costs and expenses (including reasonable attorneys’ fees) (“Claims”), arising out of and relating to (a) any Claims concerning information input by You, including prompts, User Content, images, people pictures, product images, background images, subject images, logos, brand assets, audio if supported, and other submitted content, (b) Your upload, submission, generation, editing, transformation, use, sharing, publication, distribution, commercialization, advertising, or representation of User Content or Assets without necessary rights, permissions, licenses, or consents, (c) Your use of the Services, including Your access to, use of, sharing of, reliance on, or misuse of the Services or Assets, (d) Your violation of any privacy, publicity, intellectual property, advertising, consumer-protection, music, voice, contractual, platform, or other third-party rights, (e) Your violation of any applicable law, rule, regulation, or platform policy, or (f) Your violation of these Terms of Service.
Dispute Resolution and Governing Law
ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) (“Dispute”) WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, USA, EXCLUDING NEW YORK’S CONFLICTS OF LAWS RULES.
The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association in accordance with its Expedited Commercial Rules in force as of the date of this Agreement (“Rules”). The parties will mutually select one arbitrator. The arbitration will be conducted in English in New York County, New York, USA.
Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.
The arbitral award will be final and binding on the parties, and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
Force Majeure
Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, pandemics, war, labor disputes, Internet failures, cloud-provider failures, app-store disruptions, payment-provider disruptions, AI-provider disruptions, model outages, or other events beyond reasonable control.
Waiver and Severability
If You do not comply with a portion of these Terms and We do not take action right away, this does not mean We are giving up any of Our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.
California Residents Notice
If You are a California resident, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at:
Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Telephone: (800) 952-5210
Contact Information
Please direct all inquiries to support@whatsgoodapps.com.