Terms of Service

These Terms of Service (“Terms”) are the agreement between you and Growthnix (“FireplaceUGC”, “we”, “us”) for the FireplaceUGC platform at app.fireplaceugc.com, this website, our API, and every related service (together, the “Service”). By creating an account, subscribing, or generating anything with the Service you accept them. If you accept on behalf of a company, you confirm you are authorised to bind it, and “you” means that company.

The Acceptable Use Policy, Actor Likeness & Consent Policy, AI Content & Disclosure page, Refund & Cancellation Policy and Privacy Policy form part of these Terms. The version of each document published at fireplaceugc.com is the only version in force — if any copy, summary or in-product text differs from it, the published version controls, and if two of these documents conflict, these Terms control.

1. What we provide

FireplaceUGC generates synthetic video advertising from material you supply. You provide a product image, URL, script, footage or reference direction; the Service produces vertical video and image variants featuring AI-generated presenters. Nothing it produces is a recording of a real event, and no presenter in the output is a real person performing your script. Output quality, generation times and available features depend on your plan and on the underlying models, which change over time. We may add, change, suspend or withdraw features at any time; where a change materially reduces what you are paying for, you may cancel under the Refund & Cancellation Policy.

2. Accounts and eligibility

• The Service is sold to businesses and professionals for advertising use. By subscribing you confirm you are acting for purposes relating to your trade, business or profession. It is not directed at consumers or children, and you must be at least 18.
• You are responsible for your credentials and for all activity under your account, including everything your team members generate. Tell us promptly if you believe your account has been compromised.
• You must provide accurate account and billing information and keep it current.
• Team seats are for one business. Agencies running client work on one account is fine and expected; sharing a seat across unrelated businesses is not.

3. Who owns what

Your material

You keep everything you upload — product images, logos, brand assets, scripts, footage, app recordings. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process, transform and display it solely to operate, secure and improve the Service for you. That licence ends when you delete the material or close your account, except for backups that age out on our normal cycle. You represent that you own or hold the rights to everything you upload and that using it as you direct does not infringe anyone’s rights.

We do not use your uploads or your generated creative to train generative models — not ours, and we do not permit vendors to do so on our behalf. Your inputs are processed by our model providers solely to produce the output you requested. Vendors are listed on the Sub-processors page.

Your output

Subject to these Terms and payment of the applicable fees, we assign to you all of our right, title and interest in the video and image output the Service generates for you. You may use it for any lawful commercial purpose, in paid and organic advertising, on any channel, in perpetuity, including after you stop paying us. We claim no royalty and no approval right over where it runs. Output remains yours after cancellation or termination (unless it is itself the material that breached these Terms).

Three honest limits. First, output is not unique: the same actor, scene or phrasing may appear in another customer’s creative. Second, we cannot grant exclusivity in an actor likeness — see section 4. Third, copyright in purely AI-generated material is unsettled in several jurisdictions and may not subsist at all; we give you every right we hold and cannot give you one the law does not recognise.

Our material

The Service — software, models, actor library, designs, documentation and brand — is owned by Growthnix and its licensors and remains ours. Nothing here transfers it to you. If you send us feedback or suggestions, we may use them without obligation to you.

4. AI actors and likeness

• Actors in our library are synthetic personas. We grant you a non-exclusive licence to use their likenesses within output you generate, for your advertising. The licence is not exclusive: the same actor may appear in a competitor’s ad.
• You may not use an actor’s likeness as a standalone asset, extract, resell or redistribute it, build a persistent brand persona from it outside generated output, or present an actor as a specific real person or as a genuine customer giving a factual account of personal use.
• Custom actors and cloning. You may only create an actor from a face, body or voice that is your own or for which you hold documented, written consent from the person depicted, given with knowledge that the result is synthetic. You will provide that consent on request. We may suspend cloning features and remove a custom actor at our discretion, including on a complaint from the person depicted. The Actor Likeness & Consent Policy sets out the full rules.
• We and our model providers retain all rights in the actors, models and underlying technology.

5. What you must not do

The Acceptable Use Policy lists prohibited content and conduct in full. In summary: nothing unlawful, deceptive or targeting a real person without consent; no fabricated testimonials; no attempt to extract our models, train a competing model on output, scrape the actor library, or resell raw platform access. You are responsible for the advertising claims in your scripts, for compliance with advertising and disclosure law, and for the policies of every platform where your ads run. We do not verify that your product does what your ad says, and a generated video is not substantiation of any claim inside it.

6. Subscriptions, billing and credits

• Paid plans are billed in advance, monthly or yearly, through our payment processor at the price shown at checkout. Fees exclude taxes; where we must collect sales tax, VAT or GST it is added at checkout.
• Your subscription renews automatically at the end of each billing period, at the then-current price, unless you cancel before the renewal date. You can cancel at any time from account settings or the billing portal; cancellation takes effect at the end of the period you have paid for.
• We may change plan prices or credit allocations with at least 30 days’ notice; changes apply from your next billing period.
• Credits. Generation consumes credits at the rates shown in the app, which depend on mode, model, duration, resolution and actor count. Each paid period grants that plan’s credits into your workspace balance; plan credits and credit packs share one balance and accumulate while your subscription is active. Failed renders return their credits automatically. Credits have no cash value, are non-transferable, cannot be redeemed for money, and are forfeited when your subscription lapses or your account is terminated for breach.
• If a payment fails we may suspend generation until it clears. We will not delete your existing creative for non-payment without notice and a window to export it.
• Chargebacks. Contact us before disputing a charge — billing errors are corrected quickly and in full. A chargeback on a validly delivered service may result in suspension until it is resolved.
• Refunds are governed by the Refund & Cancellation Policy.

7. Disclaimers

We will provide the Service with reasonable skill and care. Beyond that, and to the maximum extent permitted by law: the Service and all output are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement and uninterrupted or error-free operation. We do not warrant that generated output will be accurate, free of artefacts, or fit for any particular campaign, that any variant will outperform another, or that any ad will achieve any reach, performance or return on ad spend. Generative systems are probabilistic: two identical requests can produce different results, and some results will be unusable.

Review every video before you run it. Automated moderation catches a great deal and will not catch everything. You are the last check before an ad reaches an audience.

8. Limitation of liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

Subject to that, and to the maximum extent permitted by law: Growthnix will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost advertising spend, lost data or lost goodwill, however arising; and our total aggregate liability arising out of or relating to the Service in any twelve-month period is limited to the fees you paid us in that period. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

9. Indemnification

You will defend, indemnify and hold harmless Growthnix and its officers, employees and providers against claims, losses and costs (including reasonable legal fees) arising from (a) ads or other content you create, run or distribute, including advertising-law and intellectual-property claims; (b) material you upload; (c) your use of a real person’s likeness or voice, including custom actors; (d) your breach of these Terms or the Acceptable Use Policy; or (e) your violation of law or of a third party’s rights.

10. Suspension and termination

You may cancel at any time (section 6). We may suspend or terminate an account that breaches these Terms or the Acceptable Use Policy. Where the breach is capable of remedy and is not causing ongoing harm, we will tell you and give you a chance to fix it; for deliberate deception, misuse of a real person’s likeness, anything involving minors, or a chargeback on a delivered service, we may suspend or terminate immediately. Fees for the current period are not refunded on termination for breach. If we terminate your account for convenience rather than breach, we refund the prepaid, unearned portion of your subscription fees.

On termination your right to use the platform ends immediately; output you already generated remains yours. Sections 3, 4, 7, 8, 9, 11 and 12, and any other provision that by its nature should survive, survive termination.

11. Dispute resolution, arbitration and class waiver

Before filing a claim, you agree to write to us at hello@fireplaceugc.com and try to resolve the dispute informally for 30 days. Except for small-claims matters and for injunctive relief to protect intellectual property or the integrity of the Service, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration under the rules of a recognised arbitration body in the jurisdiction named in section 12, and you and we each waive the right to a jury trial and to participate in a class, collective or representative action. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing hello@fireplaceugc.com with the subject “Arbitration opt-out”. Nothing here removes a consumer protection you have under the mandatory law of your country of residence.

12. Governing law

These Terms are governed by the laws of [governing law — not set], without regard to conflict-of-law rules, and — subject to section 11 — the courts of that jurisdiction have exclusive jurisdiction over any dispute.

13. Changes to these Terms

We may update these Terms. For changes that materially reduce your rights or increase your obligations, we will give at least 30 days’ notice by email or in the Service before they take effect, and you may cancel before that date rather than accept them. Continued use after the effective date is acceptance. Minor corrections take effect on publication. The date at the top of this page is the date the substance last changed.

14. General

• Entire agreement. These Terms and the documents they incorporate are the entire agreement between us about the Service and replace any earlier terms, including any earlier version published in the app.
• Assignment. You may not assign these Terms without our consent. We may assign them in a merger, acquisition or sale of assets, with notice.
• Beta and preview features are provided as is, may change or end without notice, and may be excluded from any support commitment.
• Third-party services (payment, authentication, model providers, ad platforms) are governed by their own terms; we are not responsible for them.
• Export and sanctions. You may not use the Service where doing so would breach export-control or sanctions law, and you confirm you are not a sanctioned party.
• Force majeure. Neither side is liable for delay or failure caused by events outside its reasonable control.
• Severability and waiver. If a provision is unenforceable the rest remains in force; a failure to enforce is not a waiver.
• Notices to us go to hello@fireplaceugc.com; notices to you go to the email on your account.