Terms of service

These terms are an agreement between you and Digital Shyft LLC ("DigitalShyft", "we", "us"), which makes customcommercials.ai. They cover your use of the customcommercials.ai website and app and our API (together, "the Service"). If you use the Service for an organization, you agree on its behalf and confirm you have the authority to do so. Our Privacy policy explains how we handle personal information.

1. Your account

You must be at least 16 years old and give accurate information when you sign up. Keep your password and API keys secure; you are responsible for everything done with your account. Account owners and administrators control who is on their team, their roles and their access, and are responsible for their team's use of the Service. Tell us at support@customcommercials.ai if you think your account has been misused.

2. Commercials and payment

A commercial is priced by its format and finished length, rounded up to the next length that format is sold at, at the price shown on its storyboard before you approve it. You pay once, at approval, through Stripe, or from commercial time already in your balance. The storyboard and its preview stills are free, within the limits shown in the app. Commercial time you buy stays usable for 365 days. If a commercial cannot be made, or you cancel it before any shot has started, its time returns to your balance. Edits and re-renders after delivery are free, within the AI writing, voice and render time included with each commercial and shown in the app; a cut longer than the length you paid for is billed for the extra steps it needs, and the price is shown before it renders. Prices are shown before you buy and may change, but a change never applies to a storyboard you have already approved. Prices exclude taxes, which we add where required. An account is free to create; you pay for the commercials you approve and for any plan or credits you choose.

3. Plans and credits

Some features, such as client workspaces, white-label share pages, custom domains and client approval links, come with a paid plan. Plans are billed in advance, monthly or yearly, and renew automatically until you cancel. You can cancel at any time on the Billing page; your plan continues until the end of the period you have paid for. Upgrades take effect straight away and are prorated; downgrades take effect at the next renewal. We will give you at least 30 days' notice of a price increase for your plan, and it will apply from your next renewal. Work beyond what a commercial includes, such as reshoots past the included allowance and dubbing into other languages, is paid for with credits. Credits are prepaid and are shown before anything that uses them runs. Credits you buy are valid for 12 months from purchase; credits included with a plan expire at the end of that plan period. Credits have no cash value, cannot be transferred or exchanged, and expire if your account is closed. If a generation fails or you cancel it before it is made, the credits it held are returned automatically.

4. Refunds

Except where the law requires otherwise, payments for commercials, plans and credits are non-refundable once the work has started, including for partly used plan periods and unused credits. When a commercial cannot be made, or you cancel it before any shot has started, its time returns to your commercial balance as described in section 2. If you believe you were charged in error, contact us within 30 days and we will review it; any refund we give is at our discretion. If a payment is refunded, the unused time or credits it bought are removed from your balance.

5. Your content

You own the briefs, product photos, clips, logos, voices, music and other material you put into the Service, and the storyboards, stills, clips and commercials made from them ("your content"). You give us a limited license to host, copy, process, transmit and display your content only to provide and improve the Service for you, including sending it to our service providers (such as AI, video and voice providers) to produce your outputs. We do not use your content to train AI models. You are responsible for your content and confirm you have the rights and permissions it needs, including from anyone whose image, voice or personal information appears in it, and the rights to any music you upload. Sharing settings are yours to choose: content you make public may be viewed and downloaded by anyone with the link.

6. AI-generated content

The Service uses AI to write storyboards and lines, generate presenters, stills and clips, voice and dub them, suggest edits and answer questions. AI output can be inaccurate or incomplete, and generated footage may not match your product exactly, so review the storyboard and the finished commercial before you rely on or publish them, and check every claim they make about your product. You are responsible for how you use outputs, including meeting the advertising rules of each platform or station where you run them and any requirement to label AI-made content. Outputs may be similar to content other users receive.

7. Voices, presenters and likeness

Only clone your own voice, or a voice you have clear written permission to clone, and keep that permission. Only upload a photo to animate as a presenter if it shows you or someone who has given you permission. Do not use cloned voices or presenters to impersonate anyone or to mislead. Library voices are licensed for commercial use under our voice provider's terms, and voices of public figures are not offered.

8. Acceptable use

Do not use the Service to:

• break the law or infringe anyone's rights, including intellectual property, privacy and publicity rights;
• upload malware, or content that is unlawful, harassing, hateful, sexually explicit or deceptive;
• make false or misleading claims about a product, or collect personal information without a lawful basis;
• impersonate anyone, or create misleading content, including deepfakes;
• try to get around usage limits, plans, security or access controls, or access other customers' data;
• overload, disrupt, scrape or reverse engineer the Service, except as the law allows;
• resell or provide the Service to others, except as your plan allows (such as an agency serving its clients).

We may remove content or suspend accounts that break these rules.

9. Third-party services

You can connect the Service to third-party services such as YouTube and Google, or to your own systems through webhooks and the API. Your use of them is governed by their own terms and policies; for YouTube, by the YouTube Terms of Service and the Google Privacy Policy. When you connect a service, you authorize us to send it the content you choose to publish. We are not responsible for third-party services, and they may change or stop working with the Service.

10. Our service and intellectual property

We own the Service, including its software, design and built-in music beds. Subject to these terms, we give you a limited, non-exclusive, non-transferable right to use it while your account is in good standing, including the built-in music in your commercials. We may improve, change or stop features; if we remove a paid feature you rely on, we will try to tell you in advance. If you send us feedback, we may use it without obligation to you.

11. Termination

You can stop using the Service and close your account at any time. We may suspend or end your access if you seriously or repeatedly break these terms, do not pay, or if we must for legal reasons; where reasonable we will tell you first. When an account is closed, we delete its content as described in our Privacy policy, so download anything you want to keep first. Sections 4, 5 (responsibility for your content), 10, 12, 13, 14 and 15 continue after termination.

12. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise the Service will be uninterrupted, error-free or that outputs will be accurate.

13. Limitation of liability

To the fullest extent the law allows, DigitalShyft will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for all claims relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim and 100 US dollars. Some places do not allow these limits, so they may not apply to you.

14. Indemnity

You will defend and indemnify DigitalShyft against claims arising from your content, your use of the Service in breach of these terms, or your breach of the law or anyone's rights.

15. Governing law

These terms are governed by the laws of the State of Arizona, USA, without regard to its conflict of laws rules. Any dispute will be brought in the state or federal courts located in Maricopa County, Arizona, and you and we consent to their jurisdiction. Nothing here limits rights you have under consumer protection laws where you live that cannot be waived by contract.

16. Changes and general terms

We may update these terms. If a change is material, we will tell you by email or in the app at least 30 days before it takes effect; continuing to use the Service after that means you accept it. These terms are the whole agreement between us about the Service. If any part is unenforceable, the rest still applies. Failing to enforce a right is not a waiver. You may not transfer these terms without our consent; we may transfer them as part of a merger or sale of our business.

17. Contact

Digital Shyft LLC, 8485 East McDonald Drive, Suite 300, Scottsdale, AZ 85250. Email: support@customcommercials.ai.