Terms and Conditions

1. Acceptance of Terms

Welcome to ngram. These Terms and Conditions ("Terms") are a binding agreement between you and Ngram, a California corporation ("ngram," "we," "us," or "our"), governing your access to and use of the ngram website at www.ngram.com, our AI-powered video creation platform, and any related applications, APIs, content, and services (collectively, the "Service"). By accessing or using the Service, by clicking a button or checkbox indicating acceptance, or by entering into an order form that references these Terms, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you and that organization.

These Terms contain a binding arbitration agreement and class action waiver in Section 27. Please read them carefully.

2. Definitions

• Inputs means prompts, instructions, documents, links, images, audio, video, brand assets, and any other materials you submit to the Service.
• Outputs means the video, audio, images, text, captions, voiceovers, storyboards, and other content generated by the Service in response to your Inputs.
• Customer Content means your Inputs and Outputs collectively.
• Free Tier means use of the Service without a paid subscription.
• Paid Plan means any subscription plan with recurring fees, including Business and Enterprise plans.
• Custom Avatar / Custom Voice means an AI-generated likeness or voice clone created from reference footage or audio you provide.
• AUP means the Acceptable Use Policy in Section 13.

3. Eligibility

You must be at least 13 years old to create an account. If you are under 18, you may only use the Service with the involvement and consent of a parent or legal guardian. You must be at least 18 to use Custom Avatar or Custom Voice features, or to submit any person's likeness or voice for AI generation.

You may not use the Service if you are located in, or are a national or resident of, a country subject to comprehensive U.S. sanctions, or if you are on any U.S. government list of prohibited or restricted parties.

4. Description of Service

ngram is an AI-powered video creation platform that enables users to create videos from ideas, documents, links, or screencasts. The Service handles research, storyboarding, scripting, voiceover, and editing using a combination of proprietary and third-party large language models, voice models, image models, and video models.

Features, models, and capabilities may change, be added, or be discontinued from time to time. We will use commercially reasonable efforts to maintain feature parity for Paid Plan customers during their subscription term.

5. Account Registration & Security

To use most features you must create an account. You agree to:

• Provide accurate, current, and complete information
• Keep your credentials confidential and not share them with others
• Enable multi-factor authentication when offered and use reasonable security practices
• Notify us immediately via our contact page of any unauthorized access or suspected compromise

You are responsible for all activity that occurs under your account, including activity by anyone you authorize.

6. License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business or personal use. You may not:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying models, model weights, or algorithms of the Service
• Scrape, crawl, or use automated means to extract data from the Service except through documented APIs
• Use the Service or Outputs to train, fine-tune, or evaluate a competing AI model or service
• Benchmark or publish performance data about the Service without our prior written consent
• Resell, sublicense, or redistribute the Service or access to it without our written consent
• Circumvent, disable, or interfere with security, rate limits, content filters, watermarks, or provenance metadata

7. Subscriptions, Billing & Auto-Renewal

Certain features require a Paid Plan. By subscribing, you authorize us (or our payment processor) to charge your payment method the applicable fees, including taxes, on a recurring basis according to the plan you select.

Auto-renewal. Subscriptions renew automatically at the end of each billing cycle (monthly or annual, as applicable) at the then-current rate, until you cancel. You can cancel at any time before the next renewal through your account settings — no phone call or email required. For annual subscriptions, we will send a reminder by email between 15 and 45 days before each renewal, as required by California Business & Professions Code § 17602.

Price changes. We may change prices with at least 30 days' notice before your next renewal. Continued use after a price change becomes effective constitutes acceptance of the new price.

Failed payments. If a payment fails, we may suspend or downgrade your access until the balance is paid. Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

8. Refunds

Refunds are pro-rated based on the credits remaining on your plan at the time of your refund request. The refund amount equals the percentage of credits you have not yet consumed multiplied by the fees you paid for the current billing period. For example, if you have used 50% of the credits included in your plan, you are eligible for a refund of 50% of the amount paid for that billing period; if you have used all of your credits, no refund is available. Add-on credit purchases and any credits already consumed, expired, or forfeited are non-refundable. Consumers in certain jurisdictions (including the EU/UK) may have statutory withdrawal rights; where applicable, you waive those rights to the extent the Service has begun performance with your express consent.

9. Your Input Materials

You retain all rights you have in your Inputs. You grant ngram a worldwide, royalty-free, non-exclusive license to host, store, copy, process, transmit, and display your Inputs solely to (a) provide and maintain the Service for you, (b) generate Outputs in response to your requests, (c) enforce these Terms, and (d) comply with law.

You represent and warrant that you own or have all rights, consents, releases, and licenses necessary for your Inputs and the use we make of them under these Terms, including any rights in faces, voices, names, likenesses, music, footage, logos, or brand assets contained in those Inputs.

10. AI-Generated Outputs

11. Training & Model Improvement

12. Third-Party AI Providers

The Service uses both proprietary models and models or APIs provided by third parties (including, without limitation, providers of large language models, voice models, image models, and video models). Your use of features powered by a third-party model is also subject to that provider's terms and acceptable use policies, which may impose additional restrictions on Inputs and Outputs. We may change or replace third-party providers at any time.

We are not responsible for the availability, accuracy, or content of any third-party model, and we disclaim liability for outages or behavior of third-party providers to the extent permitted by law.

13. Acceptable Use Policy

You agree not to use the Service, and not to allow anyone to use the Service through your account, to create, request, upload, distribute, or facilitate any of the following:

• Child sexual abuse material (CSAM), including AI-generated depictions of minors in sexual, suggestive, or exploitative contexts. We report suspected CSAM to the National Center for Missing & Exploited Children (NCMEC) and to law enforcement as required by 18 U.S.C. § 2258A.
• Non-consensual intimate imagery (NCII), including sexual deepfakes or any sexualized content depicting an identifiable person without their verifiable consent. See Section 18 for our takedown process.
• Impersonation of any real person, business, or government without authorization, including using AI-generated likeness or voice in a manner intended to deceive.
• Election deception, including materially deceptive synthetic media about candidates, officials, election processes, or voting, particularly within statutory pre-election windows.
• Fraud, scams, phishing, or social engineering, including voice cloning used to impersonate family members, executives, banks, or government officials.
• Defamation, harassment, stalking, doxxing, or threats.
• Promotion or facilitation of violence, terrorism, weapons (including CBRN), self-harm, or suicide.
• Hate speech or content that incites discrimination or violence against a protected group.
• Infringement of any third-party intellectual property, trademark, publicity, or privacy rights.
• Malware, attacks on the Service, attempts to extract model weights, jailbreaks, or circumvention of safety systems.
• Spam, deceptive marketing, or content presenting AI generations as human-created where disclosure is required by law.
• Professional advice (medical, legal, financial, psychological) presented as such without independent qualified human review.
• High-risk decisions about employment, credit, housing, education, immigration, insurance, healthcare, or law enforcement, where Outputs are used as a substitute for qualified human judgment. The Service is not designed or evaluated for such uses.
• Any activity that violates applicable law, including export controls, sanctions, anti-corruption, and consumer protection laws.

We may, but are not obligated to, monitor or review Customer Content. We may remove content and suspend or terminate accounts that violate this AUP, with or without notice, depending on severity. If you become aware of content on the Service that infringes your intellectual property rights or otherwise violates these Terms, please report it through our contact page.

14. Likeness, Voice & Avatar Consent

If you create a Custom Avatar, Custom Voice, or otherwise upload reference footage or audio depicting a real person, you represent and warrant that:

• You have obtained express written consent from each identifiable person whose face, voice, name, or likeness is used, sufficient to permit the generation, distribution, and commercial use you intend.
• The person is at least 18 years of age.
• The person is not a public official, candidate for office, celebrity, or other public figure unless you have explicit, documented authorization from that person or their estate.
• You will not use the Custom Avatar or Custom Voice to make statements the person has not actually made on topics that could reasonably harm their reputation, livelihood, or safety.

We may require an on-camera consent recording, signed release, or other verification before activating Custom Avatar or Custom Voice features. We may decline, suspend, or revoke any Custom Avatar or Custom Voice at our discretion, including in response to a complaint from the depicted person.

15. AI Accuracy & No Professional Advice

AI-generated content can be inaccurate, incomplete, biased, or fabricated (commonly called "hallucinations"). Outputs may misstate facts, attribute statements incorrectly, or reflect biases present in training data. Outputs do not represent the views or statements of ngram, our employees, or our partners.

You must independently verify any factual claim in an Output before relying on it. The Service is not a substitute for professional advice. Do not rely on Outputs for medical, legal, financial, or other professional decisions without consulting a qualified human professional.

16. Content Provenance & AI Labeling

To support trust in synthetic media and to comply with applicable transparency laws (including Article 50 of the EU Artificial Intelligence Act and California's AI Transparency Act), we may embed Content Credentials (C2PA manifests), invisible watermarks, or other provenance signals in Outputs to indicate they were generated or substantially modified by AI.

You agree not to remove, obscure, alter, or otherwise circumvent these provenance signals or watermarks. Where you publish Outputs to the public — particularly deepfakes, public figures, or content addressing matters of public interest — you are responsible for any additional disclosure obligations applicable to you as the deployer of synthetic media in your jurisdiction.

17. Content Moderation, Suspension & Termination

We may use automated tools and human review to detect and respond to content that violates these Terms or applicable law. We reserve the right, but have no obligation, to refuse, remove, restrict, or block any Customer Content; to suspend or terminate accounts (immediately and without prior notice for severe violations including CSAM, NCII, or imminent harm); to cooperate with law enforcement; and to preserve content under legal process.

We maintain a repeat-infringer policy under which we will terminate, in appropriate circumstances, the accounts of users who repeatedly violate the intellectual property rights of others.

You may terminate your account at any time from account settings or by contacting us through our contact page. Upon termination, your right to use the Service ceases. We will provide a reasonable window (typically 30 days) to export your data, after which we may delete it, except where retention is required by law or permitted by Section 11.

18. Non-Consensual Intimate Imagery

If you are depicted in non-consensual intimate imagery (NCII), including AI-generated sexual content created or distributed through the Service without your consent, report it through our contact page. Consistent with the federal TAKE IT DOWN Act, we will work to remove valid reports within 48 hours of receiving a complete notice and will take reasonable steps to prevent re-upload of the same content. Include enough information for us to identify the content (URL, screenshot, or hash where possible) and confirm that you are the depicted person or their authorized representative.

19. ngram's Intellectual Property

The Service — including its software, design, user interface, AI models we develop, documentation, and the "ngram" name and logo — is owned by ngram or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws. Except for the limited license granted in Section 6, no rights are granted to you in the Service.

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation to you.

20. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated by reference. For business customers subject to GDPR, UK GDPR, or CCPA/CPRA, a Data Processing Addendum is available on request through our contact page.

21. Disclaimers of Warranty

THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NGRAM DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS; THAT OUTPUTS WILL BE ACCURATE, RELIABLE, OR FIT FOR YOUR PURPOSE; OR THAT OUTPUTS WILL BE UNIQUE OR NON-INFRINGING.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NGRAM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR REPUTATION, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the minimum extent permitted by law.

23. Indemnification

You agree to defend, indemnify, and hold harmless ngram and its officers, directors, employees, agents, and affiliates from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Inputs; (b) your use of Outputs, including any publication or distribution; (c) your violation of these Terms or the AUP; (d) your violation of any law or any right of a third party, including intellectual property, publicity, or privacy rights; or (e) your failure to obtain required consents under Section 14.

We will promptly notify you of any claim subject to indemnification and may participate in the defense at our own expense. You may not settle any claim that imposes any liability or obligation on us without our prior written consent.

24. Compliance with Laws & Export

You must comply with all laws applicable to your use of the Service, including U.S. export controls (the Export Administration Regulations and International Traffic in Arms Regulations), U.S. economic sanctions administered by OFAC, anti-corruption laws (including the Foreign Corrupt Practices Act), and the equivalent laws of other jurisdictions where you operate. You will not export, re-export, or transfer the Service or any Output to any prohibited destination, end user, or end use.

25. Changes to These Terms

We may update these Terms from time to time. For non-material changes, we will update the "Last updated" date and post the revised Terms on the Service. For material changes, we will give at least 30 days' prior notice by email to the address associated with your account or by a prominent in-product notice. Material changes take effect on the date stated in the notice; continued use of the Service after that date constitutes acceptance. If you do not agree to a material change, your sole remedy is to stop using the Service and cancel your subscription before the effective date.

26. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

27. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights.

Informal resolution. Before filing any claim, you agree to first reach out through our contact page with a written description of the dispute and your contact information, and to negotiate in good faith for at least 60 days.

Binding individual arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, in San Francisco, California, before a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this provision. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. You and ngram agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. You and ngram waive the right to a trial by jury.

30-day opt-out. You may opt out of this arbitration agreement by sending a written notice through our contact page within 30 days of first accepting these Terms, including your name, account email, and a clear statement that you opt out. Opting out does not affect any other provision of these Terms.

Exceptions. Either party may bring an individual action in small-claims court for claims within that court's jurisdiction, and either party may seek injunctive or other equitable relief in court to protect intellectual property rights.

28. General Provisions

• Entire agreement. These Terms, our Privacy Policy, and any order form or written agreement between us are the entire agreement between you and ngram regarding the Service.
• Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary and the rest of these Terms will remain in effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for failures or delays caused by events beyond our reasonable control.
• Notices. We may send notices to your account email or in-product. You may send notices to us through our contact page.
• Survival. Sections that by their nature should survive termination (including Sections 9–11, 14, 15, 19, 21–27) survive.

29. Contact Us

Questions about these Terms, copyright complaints, NCII reports, security disclosures, and all other notices should be sent through our contact page.