Terms of Use

1. General

By using this website and signing up for the Klonify software, you confirm that you have read and accepted these Terms of Use.

By using Klonify's API, software, tools, data, documentation, or website (collectively, the “Services”), you acknowledge that you have carefully read and agree to be legally bound by these Terms of Use and by all applicable laws and regulations, including United States federal law and the laws of the State of Wyoming. You also confirm that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

The following terminology applies to these Terms of Use, the Privacy Policy, any disclaimer, and all agreements: “Client,” “You,” and “Your” refer to you, the person accessing this website and accepting the Company's terms and conditions. “The Company,” “We,” and “Our” refer to Klonify LLC. “Party” or “Parties” refers to both the Client and us, or to either of them.

2. Legal Information

• Company name: Klonify LLC

• Legal form: Limited Liability Company (LLC) registered in the State of Wyoming, United States

• Email: support@klonify.io

• Director: Mathieu Baldo

• Hosting provider: Vercel Inc., 340 S Lemon Ave #4133, Walnut, CA 91789, United States

3. Personal Data Protection

We are committed to protecting your privacy. Authorized Company employees use information collected from individual customers only on a need-to-know basis. We constantly review our systems and data to provide the best possible service to our customers.

For more information about how we process your personal data, please see our Privacy Policy.

4. Access to the Services

By accessing the Klonify platform and its features, you agree to be bound by these Terms of Use and all applicable laws and regulations (including U.S. federal law and the laws of the State of Wyoming), and you agree that you are responsible for complying with all applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Klonify platform. The materials on the Klonify platform are protected by applicable copyright and trademark law, including the U.S. Copyright Act.

5. License to Use

Permission is granted to temporarily download one copy of the materials (information or software) on the Klonify platform for personal, non-commercial use only. This is the grant of a license, not a transfer of title, and under this license you may not:

• Attempt to decompile or reverse engineer any software contained on Klonify's pages

• Remove any copyright or other proprietary notices from the materials

• Use the Services for any illegal or unauthorized purpose

This restriction applies to the materials of the platform itself, not to the content you generate using the Services, which you remain free to use commercially.

This license will automatically terminate if you violate any of these restrictions and may be terminated by Klonify at any time.

6. Account Creation

To use the Services, you may need to provide information about yourself, including your name, email address, username, and password, as well as other personal information. You agree that any registration information you provide to Klonify will always be accurate, correct, and up to date.

You must not:

• Impersonate another person

• Provide account information or an email address other than your own

• Use your account for any illegal or unauthorized purpose

• Violate the laws of your jurisdiction in connection with your use of the Services

7. Description of the Services

Klonify is an AI video generation platform for creating video content for e-commerce and social media.

We strive to describe and display the website and the Services as accurately as possible. While we try to explain the Services clearly, we do not warrant that the website is fully accurate, current, or error-free. We reserve the right to refuse or cancel any order based on an incorrect price.

The Services rely on generative artificial intelligence models that are, by nature, random, non-deterministic, and unpredictable. The same instruction, prompt, or file submitted multiple times may produce different results each time. Generated content may be inaccurate, inconsistent, incomplete, unexpected, or unrelated to the instruction provided, and this does not constitute a defect in the Services.

You expressly acknowledge and agree that Klonify LLC cannot guarantee the quality, stability, reproducibility, or conformity of generated content with your expectations, your instructions, or any commercial or artistic goal.

7A. Third-Party Platforms, TikTok Shop, and No Guarantee of Results

7A.1 Independence. Klonify LLC is not affiliated with, a partner of, or an agent of TikTok, TikTok Shop, ByteDance, Meta, Instagram, YouTube, or any other distribution or sales platform (the “Platforms”). Klonify LLC has no control over their rules, their algorithms, their automated or human moderation, or their decisions.

7A.2 Rule changes. The Platforms may change, at any time and without notice:

• their terms and community guidelines;

• their policies on AI-generated content (AIGC);

• their quality and originality criteria;

• their requirements for selling and affiliate program access (follower thresholds, countries, product categories);

• their commission rates.

A format, method, or type of content that is accepted at one point may later be restricted or penalized.

7A.3 Penalties. You acknowledge that publishing content, including content generated using the Services, carries a risk of penalties imposed unilaterally by the Platforms, including:

• removal of videos;

• reduced visibility;

• limits on the number of posts;

• loss of selling or affiliate privileges;

• withholding, deduction, or cancellation of commissions;

• account suspension or ban.

These decisions rest solely with the Platforms, regardless of the reason given (for example, “low-quality AIGC content” or “unoriginal content”). Klonify LLC cannot be held liable for them, and no refund of credits, subscription fees, or training, and no compensation of any kind, is owed on that basis.

7A.4 No income guarantee. Klonify LLC does not guarantee any income, sales, commissions, views, or followers. Results shown (testimonials, screenshots, figures) are individual cases and are neither typical nor reproducible. Results depend on many factors beyond our control, including the product, the account, posting consistency, the market, and the Platforms' decisions.

7A.5 Training, advice, and support. Training, methods, prompt templates, examples, test generations, reviews, and recommendations from the Klonify team are provided for educational and informational purposes only, with no guarantee of results. They do not constitute approval of your content's compliance with Platform rules. You alone decide what you publish, where, and when, and it is your responsibility to check the rules in effect on each Platform each time you post.

7A.6 Random results and errors. The AI models used by the Services produce random results, and the Services may contain errors. It is your responsibility to review all content before publishing it (see also Sections 7 and 15).

7A.7 Third-party accounts and services. Any account, service, or product you obtain from a third party is solely a matter between you and that third party and is your sole responsibility. Klonify LLC is not responsible for its loss, restriction, or suspension.

8. Pricing and Payment

If you wish to purchase any product or service made available by the Company (“Payment”), you may be asked to provide certain information relating to your Payment, including your credit card number, your credit card expiration date, and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Payment; and (ii) the information you provide to us is true, correct, and complete.

We may use third-party services (including Stripe) to facilitate payment and the completion of purchases. By submitting your information, you grant us the right to provide that information to these third parties in accordance with our Privacy Policy.

Prices are displayed in euros (EUR) and include applicable taxes, where relevant.

9. Subscriptions, Renewal, and Cancellation

9.1 Nature of the Subscription

Klonify subscriptions have no fixed end date. They renew automatically at the end of each billing period (monthly, quarterly, or annual, depending on the plan you choose) by charging the payment method on file, until you cancel.

By subscribing, you expressly authorize Klonify LLC, through its payment processor, to charge the amount due for each billing period to that payment method without further authorization from you.

9.2 Trial Offers

Some promotional offers give you access to the Services at a reduced price for a limited trial period. At the end of that period, your subscription automatically continues at the full price shown when you subscribed.

The initial amount, the trial length, and the date and amount of the first full-price charge are shown to you on the checkout page before you pay.

You can cancel at any time before the trial period ends. In that case, no full-price charge is made and you keep access to the Services until the end of the trial period.

Trial offers are limited to one per person and per account. Any attempt to use a trial more than once, including by creating multiple accounts or using alternate email addresses, entitles Klonify LLC to cancel the offer, charge the full price, and suspend the accounts involved.

9.3 Cancellation

You can cancel your subscription at any time, free of charge and without giving a reason, directly from your account settings under Billing. No email or letter is required.

Cancellation takes effect at the end of the current billing period. You keep access to the Services until that date, and no further charges are made. Billing periods already started are not refunded on a prorated basis.

Unused monthly credits are forfeited on the effective date of cancellation.

9.4 Price Changes

Klonify LLC may change its prices. We will notify you of any change by email at least thirty (30) days before it takes effect, and it will apply only to billing periods after that date. You remain free to cancel before the change takes effect.

9.5 Failed Payments

If a charge fails, access to the Services may be suspended until the payment is resolved. Klonify LLC may retry the charge in accordance with its payment processor's rules. If the payment is not resolved, the subscription may be terminated automatically.

10. Refund Policy

You have fourteen (14) days from the date you subscribe to request a refund.

Refund conditions:

• A refund will be issued if no content has been generated from your account.

• To exercise this right, you must notify us of your decision by email at support@klonify.io.

• The refund will be issued within 14 days of receiving your request, using the same payment method as the original transaction.

Exception: Refunds are not available for digital content whose delivery began with your prior express consent and your waiver of your right to a refund. This policy complies with commercial practices in effect in the United States and with the Uniform Commercial Code (UCC).

For users residing in the European Union, the 14-day right of withdrawal under Directive 2011/83/EU also applies.

Start of the period. The fourteen (14) day period runs from the initial subscription date. The automatic renewal of an active subscription and the conversion of a trial offer into a full-price subscription do not constitute new contracts and do not open a new withdrawal or refund period.

Express waiver. The Services are made available to you immediately after your order. By confirming your order, you expressly request that performance begin before the fourteen (14) day period expires, and you acknowledge that you lose your right of withdrawal once content has been generated from your account, in accordance with Article 16(m) of Directive 2011/83/EU. If no content has been generated, the right of withdrawal may still be exercised under the conditions above.

Platform penalties. A penalty imposed by a Platform as described in Section 7A (removal of videos, reduced visibility, limits, loss of selling privileges, withholding of commissions, account suspension or ban) does not entitle you to any refund.

11. User-Generated Content

Content uploaded by users, including but not limited to text, images, and audio, must comply with the laws and regulations applicable in the user's jurisdiction, including U.S. federal law.

Users must not create, publish, or distribute content through Klonify that is illegal or infringes the rights of third parties.

Klonify is not responsible for the legality or compliance of content uploaded by users. If content uploaded by a user violates applicable laws and regulations, the user bears full responsibility, and Klonify reserves the right to remove that content and terminate the user's account.

11A. Real People, Likeness, Voice, and Deepfakes

11A.1 Principle

Certain features of the Services (including Motion Control, creating AI influencers from photos, cloning reference videos, and voice generation) can transform, reproduce, or imitate a person's physical appearance, face, figure, gestures, or voice. You are solely and fully responsible for your use of these features and for the resulting content.

11A.2 Prior Consent Required

You agree to submit a photo, video, voice recording, or any other material depicting or identifying a natural person to the Services only if (i) you are that person, or (ii) you have first obtained that person's express, freely given, informed, and specific consent for each intended use, including commercial and advertising use, AI transformation, and public distribution of the generated content. For a minor, consent must be given by the parents or legal guardians. You must be able to provide proof of this consent upon first request from Klonify LLC or any competent authority.

11A.3 Specific Prohibitions

You are strictly prohibited from using the Services to:

• depict, imitate, or make an identifiable real person speak (including a celebrity, public figure, content creator, politician, family member, or former partner) without their consent;

• put words in a real person's mouth that they never said, or attribute actions to them that they never took, in a way that misleads the public about their authenticity;

• suggest that a real person recommends, uses, or endorses a product, brand, or service when they do not (fake testimonials, fake endorsements, fake customer reviews);

• create any sexual or nude content depicting a real person, or any content depicting a minor in an inappropriate way;

• harass, defame, humiliate, intimidate, or blackmail anyone, or damage their reputation;

• impersonate anyone, including to commit fraud or a scam, or to bypass identity verification.

11A.4 Transparency When Publishing

You agree not to present AI-generated or AI-modified content depicting real people, places, or events as authentic, and to clearly disclose its artificial nature when required by applicable law or by the rules of the distribution platforms, including TikTok, Meta, and YouTube rules on AI-generated content, Regulation (EU) 2024/1689 on artificial intelligence, and, in France, Article 226-8 of the French Criminal Code. You alone are responsible for meeting these obligations at the time of publication.

11A.5 User's Sole Responsibility

Klonify LLC provides a technical tool and does not pre-screen the materials you submit or the content you generate or distribute. You represent and warrant that you hold all necessary rights, permissions, and consents (image rights, voice rights, personality rights, intellectual property rights, personal data protection). You alone bear full civil and criminal liability for any infringement of third-party rights resulting from your use of the Services, and you agree to defend and indemnify Klonify LLC, in accordance with Section 16, against any claim, action, judgment, fine, costs, and attorneys' fees related to content you have submitted, generated, or distributed.

11A.6 Reporting and Enforcement

Anyone who believes they have been depicted without their consent in content generated using the Services may report it to support@klonify.io. In the event of a suspected breach of this Section, Klonify LLC may, without notice or refund, remove the content involved, suspend or terminate the account, retain the materials needed as evidence, and cooperate with the competent authorities, including by providing account identification information upon legal request.

12. Prohibited Content

We prohibit the use of our services to generate the following content:

12.1 Threats to Child Safety

• Sexually explicit content involving minors

• Content targeting minors that promotes sexual content, graphic violence, or adult themes

• Cyberbullying and harassment of minors

12.2 Illegal or Regulated Content

• Intellectual property infringement

• Privacy violations, including unlawful use of a person's voice

• Promotion of illegal drugs, weapons, or other dangerous materials

• Illegal services such as human trafficking

12.3 Fraud and Abuse

• Fraud and deception aimed at manipulating others for money or goods

• Unauthorized access to computer systems

• Impersonation for malicious purposes

• Spam

12.4 Election Misinformation

• Voter suppression through misleading information

• Impersonation of political candidates or elected officials

• Interference with democratic processes

12.5 Violent, Hateful, or Harassing Content

• Violent threats, extremism, or terrorism

• Sexual violence

• Hate speech targeting individuals or groups based on protected characteristics

• Harassment and bullying

• Promotion of self-harm or suicide

• Medical misinformation

13. Prohibited Uses of the Services

You may not:

• Use our Services for any illegal or unauthorized purpose

• Sell or resell our Services

• Use data mining methods to scrape data from our Services

• Modify our Services or remove any proprietary rights notices

• Use another user's account without permission

• Use our Services in any way that could interfere with their operation

• Reverse engineer any aspect of our Services

• Develop applications that interact with our Services without our permission

• Use our Services or their output to develop competing products

• Use our Services or their output as training data for any artificial intelligence technology not provided by us

14. Intellectual Property

The Services contain intellectual property owned by Klonify LLC and/or its representatives, including but not limited to trademarks, copyrights, proprietary information, and other intellectual property, as well as the Klonify name, logo, all designs, text, graphics, and their selection and arrangement.

All content in the Services is protected by intellectual property law, including U.S. and international copyright law (Copyright Act) and trademark law (Lanham Act).

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, or otherwise exploit in any way all or part of the Services or the intellectual property without our prior written consent.

15. Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KLONIFY LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL KLONIFY LLC, ITS OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES.

KLONIFY LLC'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO KLONIFY IN THE PAST TWELVE (12) MONTHS.

AI-GENERATED CONTENT: KLONIFY LLC DOES NOT GUARANTEE THE ACCURACY, QUALITY, RELEVANCE, OR CONSISTENCY OF CONTENT GENERATED BY THE ARTIFICIAL INTELLIGENCE MODELS USED BY THE SERVICES. KLONIFY LLC DISCLAIMS ALL LIABILITY FOR THE RANDOM AND NON-DETERMINISTIC NATURE OF THESE MODELS AND FOR THE VIDEOS, IMAGES, VOICES, AND TEXT THEY PRODUCE, INCLUDING WHEN SUCH CONTENT IS INACCURATE, INAPPROPRIATE, UNEXPECTED, OR INCONSISTENT WITH YOUR INSTRUCTIONS.

You are solely responsible for reviewing, approving, editing, and using generated content, including its public distribution, its commercial use, and its compliance with applicable laws, regulations, and third-party rights. It is your responsibility to review all generated content before any use.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, so some of the limitations above may not apply to you.

16. Indemnification

You agree to indemnify, defend, and hold harmless Klonify LLC and its officers, employees, and agents from and against all losses, damages, settlements, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from any breach by you of these terms or any use by you of the website or the Services.

17. Force Majeure

Neither party shall be liable to the other for any failure to perform an obligation under any agreement that is due to an event beyond that party's control, including but not limited to any act of God, terrorism, war, political insurgency, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, or any other natural or man-made event beyond our control.

18. Handling of Abnormal Accounts

Users must not exploit loopholes in the website's functionality or gaps in its rules to harm Klonify's interests. If Klonify discovers such abnormal behavior, Klonify reserves the right to suspend the user's account immediately without notice and to take legal action.

19. Changes to These Terms

The Company reserves the right to modify these terms at any time, and your continued use of the website constitutes your acceptance of any changes to these terms.

If we make changes, we will notify you by email or by a notice on our website. Changes take effect as soon as they are published on our website, with the last updated date shown at the top of these terms. Because you can cancel your subscription at any time at no cost, you remain free to end it if you disagree with a change.

20. Dispute Resolution

These Terms of Use are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to conflict of law principles.

In the event of a dispute regarding the interpretation, validity, or performance of these terms, the parties will try to resolve it amicably. If no amicable agreement is reached, any dispute will be subject to the exclusive jurisdiction of the courts of the State of Wyoming, United States.

CLASS ACTION WAIVER: You agree that any dispute will be resolved on an individual basis and you waive your right to participate in a class action or class arbitration.

21. Contact

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

• Company: Klonify LLC

• Email: support@klonify.io