These Terms of Service (the “Terms”) are a binding agreement between you and Formless Inc., a corporation doing business as Vidzap (“Vidzap”, “we”, “us”, “our”). They govern your access to and use of the Vidzap website, the application at app.vidzap.ai, and every related tool, model integration and API we make available (together, the “Services”).
By creating an account, buying credits, or generating anything on Vidzap, you agree to these Terms. If you are agreeing on behalf of a company or agency, you confirm that you have authority to bind that organization, and “you” means that organization.
If you do not agree with these Terms, do not use the Services.
1. The agreement and the policies it incorporates
These Terms incorporate the following documents by reference. Each one is part of your agreement with us, and each one is binding:
- Privacy Policy — what we collect and what we do with it
- Acceptable Use Policy — what you may not create or do here
- Media Upload Agreement — the rules that apply when you upload media of real people
- Copyright & Trademark Policy — our DMCA and trademark complaint process
- Trust & Safety Policy — enforcement, reporting and appeals
Where these Terms conflict with one of those policies on a specific subject, the more specific policy controls for that subject.
2. What the Services do
Vidzap is a generative video platform for advertising. You provide inputs — text prompts, product images, brand details, uploaded media, style and hook selections — and the Services produce video, image, audio and text outputs.
Some outputs are produced by models we build and host. Others are produced by third-party AI models we integrate. The mix of available models changes over time as providers release, deprecate and reprice them. We do not guarantee that any specific model, style, feature or capability will remain available, and we may add, change or remove them without notice.
Generative models are probabilistic. Two identical prompts can produce different results, and no result is guaranteed to be accurate, original, on-brand or fit for any particular campaign. You are responsible for reviewing every output before you run it as paid media.
3. Your account
You must be at least 18 years old to create a Vidzap account. You agree to provide accurate registration information and keep it current.
You are responsible for everything that happens under your account, including everything generated by anyone you give access to. Keep your credentials secure, do not share logins across people who should have separate accounts, and tell us at support@vidzap.ai immediately if you believe your account has been accessed without your permission.
We may refuse, suspend or close an account at our discretion, including where we reasonably believe it is being used in breach of these Terms or our Acceptable Use Policy.
4. Inputs, outputs and who owns what
Your inputs stay yours. You retain all rights you already hold in the prompts, images, footage, audio, brand assets and other material you provide (“Inputs”). We claim no ownership of them.
You own your outputs. As between you and Vidzap, we assign to you all rights we may hold in the video, image, audio and text generated for you through the Services (“Outputs”), and we grant you a full commercial license to use them — including in paid advertising, at any spend, on any platform, in any territory, without attribution and without any further fee to us.
Two honest limits on that:
- Copyright law may not protect a purely AI-generated Output. Jurisdictions differ on whether, and to what degree, material generated without sufficient human authorship is protectable. We assign you what we have; we cannot manufacture rights that the law does not grant.
- Outputs are not guaranteed to be unique or non-infringing. A model may produce something that resembles an existing work, person, brand or trade dress. Our assignment to you is not a warranty of non-infringement. See section 13.
Outputs may also be generated for other users that are similar or identical to yours. You do not get exclusivity over a style, a prompt, a hook or a look.
5. The license you grant us
To run the Services, we need permission to handle your content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, reformat and process your Inputs and Outputs solely to:
- operate, deliver and troubleshoot the Services for you;
- transmit your Inputs to the third-party model providers needed to fulfill your request;
- maintain backups and enforce our security, billing and abuse-prevention systems; and
- comply with law and the safety obligations described in section 17.
We do not train AI models on your Inputs or Outputs, and we do not use your content to promote Vidzap publicly, unless you explicitly opt in. Opting in is a separate, revocable choice in your account settings — it is never a condition of using the Services. If you revoke it, we stop using your content for that purpose going forward, though we cannot recall material already incorporated into a completed training run or already published.
This license ends when you delete the content or close your account, subject to the retention periods in our Privacy Policy.
6. Acceptable use
Your use of the Services is governed by our Acceptable Use Policy, which prohibits, among other things: child sexual abuse material; non-consensual intimate imagery; sexual content involving minors in any form; deepfakes and impersonations of real people made without their consent; content that incites violence or harasses a person or group; election and civic disinformation; and advertising that makes false or unsubstantiated health, financial or earnings claims.
Because Vidzap is an advertising tool, one point deserves emphasis here: you are the advertiser. Consumer-protection law, platform ad policies and disclosure rules — including rules requiring you to disclose that a testimonial or endorser is AI-generated — apply to you, not to us. Generating an ad on Vidzap does not make it compliant.
7. Credits, plans and payment
The Services are credit-based. Credits are consumed when you generate — the amount varies by model, output length and resolution, and the cost is shown before you confirm a generation.
- Free credits. New accounts receive a starting credit balance. Free credits carry no cash value, may expire, and may be limited or withdrawn if we detect abuse (including multiple accounts created to farm them).
- Paid plans. Paid plans renew automatically at the interval you selected until cancelled. You authorize us and our payment processor to charge your payment method on each renewal.
- Upgrades. You can change plans at any time in settings. Upgraded credits are made available immediately; downgrades take effect at the end of the current billing period.
- Cancellation. You can cancel at any time in settings. Cancellation stops future renewals; it does not retroactively refund the current period.
- Failed generations. If a generation fails for a technical reason on our side or a provider’s, we refund the credits automatically in most cases. If an automatic refund does not appear, contact support@vidzap.ai and we will review it. A generation that completes but that you simply do not like is not a failed generation and is not refunded.
- Fees are otherwise non-refundable, except where a refund is required by applicable law. Credits have no cash value and cannot be exchanged for money, transferred between accounts, or redeemed after account closure.
- Price changes. We may change pricing or credit costs. Changes to your recurring plan price take effect at your next renewal, and we will give you at least 14 days’ notice first.
- Taxes. Prices exclude taxes unless stated. You are responsible for any applicable sales, use or VAT amounts.
- Chargebacks. Disputing a charge you actually authorized, instead of contacting us first, may result in immediate account suspension.
8. Your indemnification of Vidzap
You agree to defend, indemnify and hold harmless Vidzap, Formless Inc. and our officers, employees and contractors from any third-party claim, demand, loss, liability or expense (including reasonable legal fees) arising out of or related to:
- your Inputs, including any media you uploaded without the rights or consents required by the Media Upload Agreement;
- your use or distribution of Outputs, including how you ran them as advertising;
- your breach of these Terms or any incorporated policy; or
- your violation of any law or of any third party’s intellectual property, privacy, publicity or other rights.
9. Privacy and data protection
Our handling of personal information is described in the Privacy Policy. For personal information that you upload and we process to deliver the Services, you and Vidzap act as independent controllers under applicable data-protection law, each responsible for our own compliance.
10. Faces, voices and likeness inputs
Uploading media that depicts a real person — including yourself — triggers the Media Upload Agreement. Read it before you upload.
In summary: you must hold the rights and documented consent for every identifiable person in the media you upload; features that generate a synthetic likeness may be restricted to media of yourself; no feature may be used to depict a minor; and you may not use Vidzap to identify, verify or surveil anyone.
Certain likeness and voice features that may involve biometric identifiers are not available to residents of Illinois or Texas, in light of those states’ biometric privacy statutes. We may restrict features by jurisdiction as the law develops.
11. Third-party models and services
The Services route your Inputs to third-party model providers and other vendors. Their terms and content policies apply to that processing in addition to ours, and their moderation systems may block or alter a request independently of us.
We do not control third-party systems and make no warranty about their output, availability, security or moderation decisions. A third-party provider changing its terms, pricing or availability is not a breach of these Terms by us.
12. Service availability
We aim to keep Vidzap running, but we do not commit to any uptime level under these Terms. Rendering times vary with queue depth, model load and output complexity. We may impose rate limits, queue priorities and concurrency caps, and may run maintenance that interrupts the Services.
13. Disclaimers
THE SERVICES AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or trade usage.
Without limiting that, we specifically do not warrant that: Outputs will be accurate, original, novel or non-infringing; Outputs will perform as advertising; the Services will be uninterrupted or error-free; any specific model or style will remain available; or that Outputs will comply with the policies of any advertising platform you upload them to.
Some jurisdictions do not allow certain disclaimers, in which case they apply to the maximum extent permitted.
14. Limitation of liability
To the fullest extent permitted by law, Vidzap and Formless Inc. will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost advertising spend, lost data, lost goodwill or business interruption, whether based in contract, tort or any other theory, even if we were advised such damages were possible.
Our total aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of (a) US$100 or (b) the amount you paid us in the twelve months before the event giving rise to the claim.
These limits apply even if a limited remedy fails of its essential purpose, and they do not apply to liability that cannot be excluded by law.
15. Suspension and termination
You may stop using the Services and close your account at any time in settings.
We may suspend or terminate your access, with or without notice, if we reasonably believe you have breached these Terms or an incorporated policy, if required by law, or to protect the Services or other users. Breaches involving child safety, non-consensual intimate imagery or sanctions result in immediate termination without notice.
On termination: your license to use the Services ends; unused credits are forfeited without refund (except where the law requires otherwise); and we delete or de-identify your content in accordance with the retention schedule in our Privacy Policy. Sections 4, 8, 13, 14, 16, 19 and 20 survive termination.
16. Copyright and trademark complaints
We respond to notices of alleged infringement under the Digital Millennium Copyright Act and equivalent laws, and we terminate the accounts of repeat infringers. The full process, including the required elements of a notice, our designated agent’s contact details, and the counter-notification procedure, is in our Copyright & Trademark Policy.
17. Trust, safety and mandatory reporting
We use automated detection, human review and user reporting to enforce our content rules. Where the law requires it, we report apparent child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC) and preserve the associated records. We participate in industry hash-sharing programs to prevent known illegal imagery from re-entering the Services, and we act on verified reports of non-consensual intimate imagery within 48 hours. Details and reporting routes are in our Trust & Safety Policy.
18. Users in the EU and UK
Where the EU AI Act applies, Outputs are marked as artificially generated using machine-readable provenance signals, and you agree not to strip, obscure or falsify those markings. You remain responsible for any deployer-side transparency obligations that attach to how you publish an Output — including disclosing a deepfake where the law requires it.
Under the EU Digital Services Act, you can report illegal content through the channels in our Trust & Safety Policy, you will be given a statement of reasons for enforcement actions taken against your content, and you may appeal.
Nothing in these Terms removes mandatory consumer rights you hold under the law of your country of residence, including statutory rights of withdrawal.
19. Disputes, arbitration and class-action waiver
Please read this section carefully — it affects how disputes between us are resolved.
You and Vidzap agree to first try to resolve any dispute informally by contacting legal@vidzap.ai and allowing 30 days to work it out.
If that fails, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in San Francisco, California, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
Class-action waiver. Disputes must be brought individually. You and Vidzap each waive any right to bring or participate in a class, collective, consolidated or representative proceeding.
Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or stop unauthorised access.
30-day opt-out. You may opt out of this arbitration agreement by emailing legal@vidzap.ai with the subject line “Arbitration Opt-Out”, your account email and a clear statement that you opt out, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.
If the class-action waiver is held unenforceable as to a particular claim, that claim proceeds in court and the rest of this section still applies to all other claims.
20. General
Governing law. These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules, except where mandatory local law in your country of residence applies.
Changes. We may update these Terms. For material changes we will give at least 14 days’ notice by email or in-product before they take effect. Continuing to use the Services after that means you accept the updated Terms. If you do not accept them, stop using the Services and close your account.
Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
Severability. If a provision is held unenforceable, it is limited or severed to the minimum extent necessary and the rest remains in force.
No waiver. Failing to enforce a provision is not a waiver of it.
Relationship. Nothing here creates a partnership, joint venture, employment or agency relationship between us.
Entire agreement. These Terms plus the incorporated policies are the entire agreement between you and Vidzap regarding the Services.
Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including provider outages, infrastructure failures, natural disasters and acts of government.
21. Contact
Questions about these Terms:
Formless Inc. (DBA Vidzap)
Legal: legal@vidzap.ai
Support: support@vidzap.ai
Mailing address: 18117 Biscayne Blvd, Suite #2339, Miami, FL 33160