Terms of Service

1. ACCEPTANCE OF TERMS

By creating an account, starting a subscription, purchasing credits, or using any part of the Service, you confirm that you have read, understood, and agree to be bound by these TERMS OF SERVICE. If you are using the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity and that "YOU" and "YOUR" refer to that entity.

If you do not agree to these Terms, you must immediately stop using the Service.

2. WHO WE ARE

Advibly is an AI-powered ad creative platform operated by Afterlume Labs. Afterlume Labs designs, builds, and operates AI-first products for marketers, including Advibly.

References in this document to the "Service" include the Advibly web application, any related sites (including https://advibly.com and https://afterlumelabs.com), dashboards, APIs, features, content, and all associated services provided by Afterlume Labs.

3. ELIGIBILITY AND ACCOUNT

The Service is intended for professional and business use only. By using the Service, you represent and warrant that you are at least EIGHTEEN (18) YEARS OLD or the age of majority in your jurisdiction, whichever is higher, and that you are using the Service for business or professional purposes and not as a consumer.

To use core features, you must create an account and provide accurate, current, and complete information. You must keep your login credentials (including passwords and authentication codes) confidential and secure. You are responsible for all activity occurring under your account. If you suspect that your account or credentials have been compromised, you must promptly change your password and take appropriate security measures.

We may refuse registration, close accounts, or restrict access to the Service at our discretion where we reasonably believe these Terms have been or may be violated.

4. DESCRIPTION OF THE SERVICE

Advibly provides tools to help marketers and brands create advertising assets, including but not limited to AI-generated product-in-hand videos, static images, creative variations, and related scripts and configurations. The Service may ingest data from third-party platforms (for example, Shopify), and may interact with advertising platforms such as Meta, Instagram, TikTok, Google Ads, and others.

The Service uses generative artificial intelligence models to produce content ("OUTPUTS") based on data, prompts, and other content provided by you or your systems ("INPUTS"). Because of the nature of generative AI, Outputs may be inaccurate, incomplete, unsuitable for your specific campaign or audience, or may require human review and editing. We do not guarantee that any Output is unique, original, or free from third-party claims.

We may introduce, change, or discontinue features from time to time. We do not guarantee that any specific feature will continue to be available.

5. LICENSE TO USE THE SERVICE

Subject to your full and ongoing compliance with these Terms, Afterlume Labs grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

You may not copy, modify, distribute, sell, resell, sublicense, or exploit the Service itself. You may not reverse engineer, decompile, attempt to extract source code, or bypass technical or usage limits, except where such restrictions are not permitted by applicable law. All rights that are not expressly granted to you are reserved by Afterlume Labs and its licensors.

6. INPUTS, OUTPUTS, AND INTELLECTUAL PROPERTY

You retain all rights you already hold in your INPUTS, including brand assets, product data, scripts, prompts, and any other content you provide or connect to the Service. By submitting Inputs to the Service, you grant Afterlume Labs a non-exclusive, worldwide, royalty-free license to use, reproduce, process, modify, and display those Inputs solely for the purpose of operating, securing, and improving the Service and generating Outputs for you.

Subject to your compliance with these Terms and any rights of third-party model providers and applicable law, as between you and Afterlume Labs, you may use the OUTPUTS generated for you through the Service for your lawful internal and commercial purposes. Outputs may not be unique and may unintentionally resemble other content available online or offline. We do not guarantee that Outputs will not be similar to content generated for other users.

Except for your limited rights in Inputs and Outputs as described above, all rights, title, and interest in and to the Service, including underlying software, models, algorithms, design, interface, and branding (including the names ADVIBLY and AFTERLUME LABS, logos, and associated marks), are owned by Afterlume Labs and its licensors.

Unless you ask us not to by email, Afterlume Labs may identify your company by name and logo on customer lists, sales materials, and the Advibly website to indicate that you use the Service. You may withdraw this permission at any time by contacting us; we will then stop new public references where it is reasonably practical to do so.

7. AVATARS, LIKENESS, AND DEEPFAKES

The Service may allow you to configure or use AI avatars and voices, and may allow you to upload or reference images, videos, and audio of real individuals. You are solely responsible for ensuring that you have all necessary rights, permissions, and consents from any person whose name, image, likeness, or voice is used in or in connection with the Service.

You must not use the Service to create misleading "deepfakes" or content that impersonates real individuals without their explicit permission, nor may you use the Service to create content that is unlawful, harassing, defamatory, hateful, discriminatory, deceptive, fraudulent, sexually explicit, or otherwise harmful.

You must not use the Service to create or generate any content that depicts or involves minors in any sexualized, exploitative, or otherwise inappropriate manner. You must not use any images or likenesses of persons under 18 in connection with sexually explicit or suggestive content or campaigns.

If you use the Service to process or represent any real individuals, you remain responsible for compliance with all applicable laws on privacy, publicity, image rights, and advertising, and for any notices, consents, or disclosures required under such laws.

8. ACCEPTABLE USE

You may use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service to violate any law, regulation, or third-party rights. In particular, you must not use the Service to generate or distribute content that:

• is illegal, fraudulent, abusive, defamatory, harassing, or invasive of another's privacy;
• promotes violence, terrorism, or hate;
• promotes self-harm or endangerment;
• constitutes unlawful advertising, deceptive marketing, or misleading claims;
• infringes any copyright, trademark, trade secret, or other proprietary right;
• attempts to compromise network security or interfere with other users' access to the Service.

You must not attempt to scrape the Service, bypass access controls, or use any automated means to extract data, except as expressly permitted in writing by Afterlume Labs. We may monitor use of the Service to ensure compliance with these Terms and applicable laws.

9. PLANS, PRICING, CREDITS, AND BILLING

The fees, plans, and credit structures for the Service are described on our pricing page at https://advibly.com/pricing and may be updated from time to time. Any references to credits, allowed usage, or limits inside the Service or on the pricing page form part of these Terms.

When you purchase a paid plan, you authorize Afterlume Labs and its payment processors to charge your chosen payment method for all applicable fees on a recurring basis, in accordance with the billing cycle shown at the time of purchase. Subscription plans will typically renew automatically at the end of each billing period unless you cancel before renewal. You can manage or cancel your plan via the account and billing settings in the Service.

Credits are a measurement of usage that may be consumed when you generate videos, images, or other Outputs. Different actions may consume different amounts of credits. Unless otherwise stated in the Service or on the pricing page, credits associated with a plan expire at the end of the applicable billing period and do not roll over. All details of how credits are calculated, consumed, and reset are as described on https://advibly.com/pricing and inside the product, as updated from time to time.

10. 7-DAY MONEY-BACK GUARANTEE

Afterlume Labs offers a 7-DAY MONEY-BACK GUARANTEE for new paid subscriptions, in addition to any rights you may have under applicable law. This guarantee applies only to your first paid subscription for the Service and only where:

• you are a new paying customer;
• you request the refund within seven (7) calendar days of your initial subscription date; and
• your account shows minimal usage of the Service, such as a small number of credits used, as described on https://advibly.com/pricing or otherwise communicated in the Service.

To request a refund under this guarantee, you must contact Afterlume Labs within seven (7) calendar days of the initial purchase. If you do not meet the conditions for the 7-day guarantee, subscription and usage fees are generally non-refundable, except where required by law or where Afterlume Labs chooses, at its discretion, to offer a goodwill refund.

Details of how the 7-day guarantee applies, including any specific usage thresholds or conditions, will be maintained and updated on the pricing page and in the Service from time to time.

11. THIRD-PARTY SERVICES AND INTEGRATIONS

The Service may integrate with or rely on third-party platforms and services, including but not limited to commerce platforms such as Shopify, advertising platforms such as Meta, Instagram, TikTok, and Google, AI model providers, hosting providers, analytics tools, and payment processors.

Your use of any third-party service is subject to that provider's own terms and privacy policies. Afterlume Labs does not control and is not responsible for the content, actions, or availability of any third-party service.

We do not guarantee that any advertising platform will approve your campaigns, and we are not responsible for any account action that a platform may take, such as suspensions or bans, even where Outputs generated by the Service are involved.

12. SUSPENSION AND TERMINATION

Afterlume Labs may suspend or terminate your access to the Service, or any portion of it, if we reasonably believe that you have violated these Terms, used the Service in a way that creates legal or security risk, failed to pay fees when due, or engaged in fraudulent activity. Suspension or termination may be immediate and without prior notice in urgent situations.

You may stop using the Service at any time. You may cancel any paid plan via the billing settings in your account. Unless otherwise stated or required by law, cancellation stops future renewals but does not entitle you to a refund for the current billing period.

Upon termination or expiration of your access, your right to use the Service ceases, although certain obligations and limitations in these Terms will continue to apply. We may retain or delete data associated with your account in accordance with applicable law and our data practices as described in the Privacy Policy.

13. COPYRIGHT AND TAKEDOWN

Afterlume Labs respects intellectual property rights and expects users to do the same. If you believe that content hosted on or generated through the Service infringes your copyright or other intellectual property rights, you may send a written notice containing sufficient detail to allow us to locate and assess the material, and to verify your rights. We may respond by removing or disabling access to the disputed material, and by taking other appropriate action as required by law.

Where required, we will follow applicable notice-and-takedown or "DMCA-style" procedures. False or bad-faith notices may result in legal consequences.

14. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, AFTERLUME LABS DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

AFTERLUME LABS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT OUTPUTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY SPECIFIC PURPOSE, OR THAT DEFECTS WILL BE CORRECTED WITHIN A PARTICULAR TIMEFRAME. YOU USE THE SERVICE AND OUTPUTS AT YOUR OWN RISK.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFTERLUME LABS AND ITS OFFICERS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF AFTERLUME LABS ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS EXCEED THE AMOUNT YOU PAID FOR ACCESS TO THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (USD 100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY. NOTHING IN THESE TERMS AFFECTS RIGHTS THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

16. INDEMNIFICATION

You agree to indemnify and hold harmless Afterlume Labs from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Service or Outputs, your Inputs, your violation of these Terms, or your violation of any law or third-party rights.

17. GOVERNING LAW AND DISPUTES

These Terms apply to your use of the Service regardless of your location. Different laws may provide mandatory protections in different jurisdictions, and nothing in these Terms is intended to override such mandatory protections.

Except where prohibited or where local law requires otherwise, any dispute arising out of or relating to these Terms or the Service shall be resolved under the laws of a competent jurisdiction and in a forum deemed appropriate under applicable conflict-of-law rules. Nothing in this section prevents you from bringing a complaint to a data protection authority or other regulatory body where such a right exists.

18. CHANGES TO THESE TERMS

Afterlume Labs may modify these Terms from time to time. When material changes are made, we will update the "Last updated" date at the top of this page and may provide additional notice, such as by email or by posting a notice within the Service.

Your continued use of the Service after changes become effective will constitute your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.

CONTACT

If you have any questions about these Terms of Service, you may contact:

Afterlume Labs
Email: support@advibly.com