Terms of Service

1. Agreement

These Terms of Service ("Terms") govern access to and use of the 123upvideo website, application, and related services (the "Service"), operated by UPVIDEO INOVA SIMPLES (I.S.), a Brazilian Empresa Simples de Inovação (Inova Simples), CNPJ 68.293.093/0001-23, with principal place of business at Avenida Oeste, 1700, Apt 304, Setor Central, Goiânia, GO, CEP 74045-155, Brazil ("Company," "we," "us," or "our").

By creating an account, purchasing a subscription, uploading content, or otherwise using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. The Service

123upvideo is a subscription SaaS platform that uses artificial intelligence and related cloud infrastructure to expand, reframe, generate, and/or process audiovisual content (including video, and where available images or audio) that you submit ("Inputs") and that we return to you ("Outputs").

Features, credit packs, pricing, and availability may change. We may use third-party processors (for example cloud GPU providers such as Modal, authentication providers such as Firebase, and payment processors such as Stripe and, where enabled, Woovi) to operate the Service.

AI outputs are probabilistic. We do not guarantee that any Output will meet a particular aesthetic, commercial, legal, or technical standard, or that processing will succeed for every file.

3. Eligibility and accounts

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to use the Service. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly at contact@123upvideo.com if you suspect unauthorized use.

4. Subscriptions, credits, billing, and cancellation

Paid plans are typically monthly subscriptions that renew automatically until canceled. Credits are granted per paid billing cycle as described at checkout or in your account. Unused credits may expire at the end of a cycle unless we expressly state otherwise.

Prices are shown in the currency of your market (for example USD for international/Stripe checkout). Taxes may apply. Payment is processed by Stripe and/or other processors we enable; we do not store full payment card numbers.

You may cancel renewal through the Stripe customer portal (or the applicable billing portal we provide). Cancellation stops future renewals; fees already charged for the current period are generally non-refundable except where required by law or expressly offered by us. If we advertise an introductory discount, the discounted price applies only for the stated introductory period; thereafter the regular price applies unless canceled.

Where automatic renewal laws apply (including certain U.S. state laws), we will present material subscription terms at checkout and provide a clear path to cancel.

5. Your content, license, and ownership

You retain whatever ownership rights you already have in your Inputs. Subject to your compliance with these Terms, as between you and us you own the Outputs we generate for you from your Inputs, to the extent permitted by applicable law. AI-generated content may not be copyrightable in all jurisdictions, and third-party rights may still apply.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, reproduce, modify (solely as needed to provide the Service, e.g., transcoding or AI inference), and display Inputs and Outputs as necessary to operate, secure, troubleshoot, and improve the Service. We do not claim ownership of your Inputs.

Unless we clearly state otherwise in writing, we do not use your Inputs or Outputs to train foundation models for unrelated third parties. We may use de-identified or aggregated technical metrics to improve reliability and performance.

6. Your responsibilities and prohibited uses

You represent and warrant that:

• you have all rights, licenses, and consents needed to upload Inputs and to authorize our processing;
• Inputs and your use of Outputs will not infringe intellectual property, privacy, publicity, or other rights of any person; and
• you will comply with all applicable laws.

You must not use the Service to:

• upload or generate child sexual abuse material or exploit minors;
• create non-consensual intimate imagery, deepfakes used to harass, defraud, or deceive, or other unlawful synthetic media;
• infringe copyrights, trademarks, or other IP, or remove rights management information;
• upload malware, attempt unauthorized access, scrape, overload, or reverse engineer the Service except as allowed by law;
• violate export controls, sanctions, or use the Service for illegal surveillance or fraud; or
• resell or provide the Service as a competing white-label offering without our written consent.

We may remove content, suspend credits, or terminate accounts that violate these Terms or create legal or security risk.

7. Intellectual property of the Service; feedback

The Service, including software, models configurations we control, branding, and documentation, is owned by the Company or its licensors. Except for the limited rights to use the Service under these Terms, no rights are granted to you.

If you send feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

8. Copyright complaints (DMCA)

We respect intellectual property rights. If you believe material on the Service infringes your copyright, send a notice to contact@123upvideo.com with: (a) your contact information; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location; (d) a statement of good-faith belief that use is not authorized; (e) a statement under penalty of perjury that your notice is accurate and that you are the owner or authorized to act; and (f) your physical or electronic signature.

We may remove or disable access to material upon valid notice and, in appropriate circumstances, terminate repeat infringers. Counter-notices may be submitted to the same address where applicable.

9. Third-party services

The Service may depend on third parties (Stripe, Firebase/Google, Modal, analytics or advertising tools such as Google Tag Manager / Meta Pixel when enabled, and similar providers). Their terms and privacy policies apply to their processing. We are not responsible for third-party outages or policy changes beyond our reasonable control.

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, OR THAT OUTPUTS WILL BE ACCURATE, LAWFUL FOR YOUR USE CASE, OR FREE OF THIRD-PARTY CLAIMS.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted.

12. Indemnification

You will defend, indemnify, and hold harmless the Company and its personnel from and against claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Inputs or Outputs; (b) your use of the Service; (c) your violation of these Terms or law; or (d) your infringement of third-party rights.

13. Suspension and termination

You may stop using the Service at any time and cancel subscriptions as described above. We may suspend or terminate access immediately if you breach these Terms, if required by law, or if continued service would create risk to us, other users, or third parties. Sections that by nature should survive (including ownership of our IP, disclaimers, limitations, indemnity, and governing law) will survive termination.

14. Changes

We may update these Terms from time to time. We will post the updated Terms with a new "Last updated" date. Material changes may also be communicated by email or in-product notice. Continued use after the effective date constitutes acceptance, except where applicable law requires additional consent.

15. Governing law and disputes

These Terms are governed by the laws of the Federative Republic of Brazil, without regard to conflict-of-law rules. Subject to mandatory consumer protections that cannot be waived in your country of residence (including applicable U.S. state consumer laws), the courts of the District of Goiânia, State of Goiás, Brazil, will have exclusive jurisdiction over disputes arising out of these Terms or the Service.

Nothing in these Terms limits rights you may have under mandatory local law that cannot be waived by contract.

16. Miscellaneous

These Terms, together with the Privacy Policy and any order or plan details presented at checkout, are the entire agreement between you and us regarding the Service. If a provision is unenforceable, the remainder stays in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. The Service is operated from Brazil and may be accessed internationally; you are responsible for compliance with local laws where you use it.

17. Contact

UPVIDEO INOVA SIMPLES (I.S.)
CNPJ 68.293.093/0001-23
Avenida Oeste, 1700, Apt 304, Setor Central, Goiânia, GO, CEP 74045-155, Brazil
Email: contact@123upvideo.com