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Terms of Service

Last Updated: December 9, 2025

1. Introduction

Welcome to EyeCap ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the EyeCap platform, available at eyecap.app (the "Service"), which provides AI-powered video generation services for promotional content.

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Company Information:

  • Service Name: EyeCap
  • Website: eyecap.app
  • Contact Email: moises.quesada30@gmail.com
  • Location: Costa Rica
  • Operated by: Individual proprietor

2. Description of Service

EyeCap is an AI-powered video generation platform designed for SaaS founders and marketers to create promotional UGC-style videos for their products. The Service allows users to:

  • Create and manage products and campaigns
  • Upload product assets (images and videos)
  • Define video generation parameters and preferences
  • Generate promotional videos using AI (Sora 2 via Kie.ai)
  • Manage credits and subscriptions
  • Collaborate with team members through workspaces
  • Download and use generated videos for commercial purposes

The Service utilizes Sora 2 AI video generation technology provided by Kie.ai to transform your product assets into promotional videos.

3. Eligibility and Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Service. By using the Service, you represent and warrant that you meet these requirements.

3.2 Account Registration

To access certain features of the Service, you must create an account by providing:

  • A valid email address
  • Account credentials (username and password)
  • Additional information as required for billing and service delivery

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account

3.3 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate accounts with false or misleading information.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Service only for lawful purposes and in accordance with these Terms. Specifically, you may:

  • Create promotional videos for legitimate software products and businesses
  • Use generated content for commercial marketing purposes
  • Upload original content or content you have the right to use

4.2 Prohibited Content and Activities

You agree NOT to use the Service to create, upload, or generate content that:

  • Violates any applicable law, regulation, or third-party right
  • Contains or promotes illegal activities
  • Is defamatory, obscene, pornographic, or sexually explicit
  • Promotes violence, terrorism, or discrimination based on race, religion, gender, sexual orientation, disability, or other protected characteristics
  • Infringes on intellectual property rights of others (including copyrighted materials, trademarks, or trade secrets without authorization)
  • Contains malware, viruses, or malicious code
  • Impersonates any person or entity or misrepresents your affiliation
  • Harasses, threatens, or intimidates any person
  • Contains private or personal information of third parties without consent
  • Violates the privacy or publicity rights of others
  • Spreads misinformation or deepfakes intended to deceive
  • Is fraudulent, false, or misleading

You also agree NOT to:

  • Attempt to reverse engineer, decompile, or extract the underlying AI models
  • Use automated systems (bots, scrapers) to access the Service without authorization
  • Interfere with or disrupt the Service or servers
  • Circumvent any security features or access controls
  • Resell or redistribute the Service without authorization
  • Use the Service to compete with EyeCap or create a similar service

4.3 Enforcement

We reserve the right to remove any content that violates these Terms and to suspend or terminate accounts of users who violate these policies. We may also report illegal activities to appropriate law enforcement authorities.

5. AI Generation Disclaimers

5.1 AI-Generated Content

The Service uses artificial intelligence models to generate video content. You acknowledge and agree that:

  • AI-generated content may not always be accurate, appropriate, or suitable for your intended purpose
  • AI models may produce unexpected, unpredictable, or unintended results
  • Generated videos are based on probabilistic algorithms and may contain errors or artifacts
  • We do not guarantee the quality, accuracy, or suitability of any AI-generated content
  • You are solely responsible for reviewing and approving generated content before use

5.2 Third-Party AI Providers

The Service utilizes Sora 2 AI video generation technology from Kie.ai. While we strive to work with reputable providers:

  • We do not control the underlying AI technology or algorithms
  • Kie.ai's terms and policies apply to the use of their AI models
  • AI model performance, availability, and capabilities may change over time
  • Your content is provided to Kie.ai via temporary signed URLs solely for video generation
  • Your content is NOT used to train AI models

5.3 No Professional Advice

AI-generated content does not constitute professional advice of any kind (legal, financial, medical, etc.). You should consult qualified professionals for specific advice related to your circumstances.

6. Ownership and Intellectual Property

6.1 Your Content

You retain all ownership rights to content you upload to the Service ("User Content"), including:

  • Text prompts and descriptions
  • Images and screenshots
  • Reference materials

By uploading User Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, and store your User Content solely for the purpose of providing the Service to you and generating your requested videos.

Important: Your User Content is NOT used to train AI models. We use your uploads only to produce your requested videos.

6.2 Generated Videos

You receive full ownership and commercial rights to all videos generated through the Service ("Generated Content"). Once a video is generated for you:

  • You own all rights, title, and interest in the Generated Content
  • You may use, modify, distribute, and commercialize the Generated Content without restriction
  • You may use Generated Content for any lawful commercial or personal purpose
  • No attribution to EyeCap is required (though appreciated)

6.3 EyeCap Intellectual Property

The Service itself, including but not limited to:

  • The EyeCap platform, website, and interface
  • Our proprietary software, code, and algorithms
  • Our branding, logos, and trademarks
  • Documentation and materials we create

remains our exclusive property. These Terms do not grant you any rights to our intellectual property except as necessary to use the Service.

6.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use such feedback without any obligation to you, including for improving or marketing the Service.

7. Subscriptions, Payments, and Billing

7.1 Subscription Plans

The Service is offered through various subscription plans with different features, credit allocations, and pricing:

  • Free Plan: Limited credits for trying the service
  • Starter Plan: Monthly credits suitable for small businesses
  • Pro Plan: Higher monthly credits for growing teams
  • Enterprise Plan: Custom credits and features for larger organizations

Current plans and pricing are available on our website. Each plan includes monthly credits used to generate videos.

7.2 Payment Terms

  • Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your plan)
  • You authorize us to charge your payment method for all fees owed
  • All fees are in U.S. Dollars (USD) unless otherwise stated
  • You are responsible for all applicable taxes
  • Prices may change with advance notice (changes apply to subsequent billing periods)

7.3 Payment Methods

We use third-party payment processors (such as Stripe) to handle payments. By providing payment information, you agree to their terms and authorize them to process payments on our behalf.

7.4 Failed Payments

If payment fails:

  • We will attempt to notify you and retry the charge
  • Your access to the Service may be suspended until payment is received
  • We may terminate your account after repeated failed payment attempts

7.5 Refund Policy

  • Subscription fees are generally non-refundable
  • Refunds may be granted at our sole discretion on a case-by-case basis
  • If you believe you are entitled to a refund, contact us at moises.quesada30@gmail.com within 14 days of the charge
  • We may offer pro-rated refunds for annual subscriptions cancelled mid-term at our discretion

7.6 Credits and Usage

  • Each subscription plan includes a monthly allocation of credits
  • Credits are consumed when you generate videos
  • The cost per video depends on factors like duration, resolution, and model used
  • Unused credits do not roll over to the next month unless otherwise specified
  • You may purchase additional credits beyond your plan allocation
  • Credits are non-refundable and have no cash value
  • We reserve the right to adjust credit pricing and consumption rates with advance notice

7.7 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation:

  • You will retain access until the end of your current billing period
  • No refund will be provided for the remaining period
  • Unused credits will expire at the end of the billing period
  • Your account and data may be deleted according to our data retention policies (30-day grace period)

8. Workspaces and Team Collaboration

8.1 Workspaces

Certain subscription plans allow you to create workspaces for team collaboration:

  • A workspace is a shared environment where multiple users can collaborate
  • The workspace owner manages member access and permissions
  • Workspace resources (products, campaigns, videos, credits) are shared among members
  • The workspace owner is responsible for all activity within the workspace

8.2 Team Member Roles

Workspaces support different member roles with varying permissions:

  • Owner: Full control over workspace, including billing and member management
  • Admin: Can manage workspace content and invite members
  • Member: Can create and edit content within the workspace
  • Viewer: Read-only access to workspace content

8.3 Workspace Billing

  • Workspace subscriptions are billed to the workspace owner
  • The owner is responsible for all charges incurred by workspace members
  • Credits are shared across all workspace members
  • The owner can set usage limits for individual members (if supported by the plan)

8.4 Member Responsibilities

As a workspace member, you agree to:

  • Comply with these Terms and the workspace owner's policies
  • Use workspace resources appropriately and ethically
  • Not exceed any usage limits set by the workspace owner
  • Respect the intellectual property of other workspace members

8.5 Workspace Termination

  • The workspace owner may remove members at any time
  • If you leave or are removed from a workspace, you lose access to workspace content
  • Content created within a workspace belongs to the workspace, not individual members
  • The workspace owner retains control of all workspace-generated content

8.6 Invitations

  • Workspace owners or admins can invite new members via email
  • Invitations expire after a specified period (typically 7 days)
  • Invited users must create an EyeCap account to accept the invitation
  • By accepting an invitation, you agree to the workspace owner's terms

9. Limitation of Liability

9.1 Service "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

9.2 Disclaimer of Warranties

We do not warrant that:

  • The Service will be uninterrupted, secure, or error-free
  • The results obtained from the Service will be accurate or reliable
  • Any errors or defects will be corrected
  • The Service will meet your specific requirements

9.3 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EYECAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of (or inability to access or use) the Service
  • Any conduct or content of any third party on the Service
  • Unauthorized access to or alteration of your transmissions or content
  • Any other matter relating to the Service

9.4 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

9.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

9.6 Your Responsibility

You are solely responsible for:

  • Compliance with all applicable laws in your use of the Service
  • The content you create and how you use Generated Content
  • Any consequences of using AI-generated videos in your business or marketing

10. Service Availability

10.1 Uptime and Maintenance

While we strive to maintain high availability:

  • We do not guarantee uninterrupted access to the Service
  • The Service may be temporarily unavailable due to maintenance, updates, or technical issues
  • We will attempt to notify users of planned maintenance when possible

10.2 Usage Limits

Your subscription plan includes usage limits based on monthly credit allocations. Exceeding these limits may result in:

  • Inability to generate additional videos until next billing cycle
  • Option to purchase additional credits
  • Requirement to upgrade to a higher-tier plan

10.3 Service Modifications

We reserve the right to:

  • Modify, suspend, or discontinue any aspect of the Service at any time
  • Change features, functionality, or availability of AI models
  • Adjust credit pricing and consumption rates
  • Impose or modify usage limits

We will provide reasonable notice of material changes when feasible.

11. Termination of Accounts

11.1 Termination by You

You may terminate your account at any time by:

11.2 30-Day Grace Period

When you delete your account:

  • Your account is marked for deletion with a 30-day grace period
  • You can cancel the deletion request by contacting support within 30 days
  • After 30 days, your account and all associated data will be permanently deleted

11.3 Termination by Us

We may suspend or terminate your account immediately, without prior notice or liability, if:

  • You breach these Terms
  • You engage in prohibited activities described in Section 4
  • You provide false or misleading information
  • Your payment fails repeatedly
  • Required by law or court order
  • We discontinue the Service

11.4 Effect of Termination

Upon termination:

  • Your right to access and use the Service immediately ceases
  • We will delete your account and User Content according to our data retention policies
  • You may download your Generated Content before termination (if technically feasible)
  • Provisions that by their nature should survive termination will survive (including ownership, disclaimers, limitations of liability, and dispute resolution)

11.5 Data Retention After Termination

After account termination:

  • Products, campaigns, and generated videos are permanently deleted after the 30-day grace period
  • Billing records may be retained for 7 years for tax and legal compliance
  • You may request deletion of your personal data in accordance with our Privacy Policy
  • Backups may be retained for up to 30 additional days before permanent deletion

12. Modification of Services or Terms

12.1 Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

  • We will update the "Last Updated" date at the top of this document
  • We will notify you of material changes via email or through the Service
  • Your continued use of the Service after changes take effect constitutes acceptance of the new Terms
  • If you do not agree to modified Terms, you must stop using the Service

12.2 Changes to the Service

We may modify the Service, including:

  • Adding or removing features
  • Changing pricing or subscription plans (with notice for existing subscribers)
  • Updating AI models or capabilities
  • Changing service limitations or usage policies

13. Governing Law and Jurisdiction

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Costa Rica, without regard to its conflict of law provisions.

13.2 Jurisdiction and Venue

Any disputes arising from these Terms or your use of the Service shall be subject to the jurisdiction of the courts of Costa Rica. However, we recognize that users are located globally, and users in the EU, UK, or other jurisdictions may have additional consumer protection rights under local law.

13.3 Dispute Resolution

Before filing any legal claim, you agree to first contact us at moises.quesada30@gmail.com to attempt to resolve the dispute informally. We commit to working in good faith to resolve disputes amicably.

13.4 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration, to the extent permitted by law.

14. Additional Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and EyeCap regarding the Service.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms or our rights and obligations without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.6 Notices

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to moises.quesada30@gmail.com. Notices are deemed received when sent to the provided email address.

14.7 Export Control

You agree to comply with all applicable export and import control laws and regulations in your use of the Service.

15. Related Policies

Please also review our related policies:

  • Privacy Policy: Available at /legal/privacy - describes how we collect, use, and protect your personal information
  • Cookie Policy: Available at /legal/cookies - describes our use of cookies and tracking technologies

16. Contact Us

If you have any questions about these Terms, please contact us:

By using EyeCap, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.