Terms and Conditions

IMPORTANT: THESE TERMS CONTAIN BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS. PLEASE READ CAREFULLY. Welcome to themagicyeti ("Platform," "Service," "we," "our," or "us"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you and VW-CODING governing your use of our AI-based video generation platform. BY ACCESSING OR USING OUR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. Company Information VW-CODING, SASU with a capital of 4000€, registered with the RCS of Paris under number 914 650 387, headquartered at 121 quai de Valmy, 75010 Paris, VAT number FR41914650387 (hereinafter "the Provider" or "Company"), operates themagicyeti platform - a project dedicated to AI-powered video generation services. 1. Definitions In these Terms, unless otherwise specified: - "User" refers to any natural or legal person using the Platform - "Platform" refers to themagicyeti and all associated services, provided through multiple channels including the Telegram bot @magic_yeti_veo_bot and the website themagicyeti.com - "Bot" refers to the Telegram bot @magic_yeti_veo_bot through which video generation services can be accessed - "Website" refers to the web application available at themagicyeti.com and associated domains - "Services" refers to all video generation features and functionalities provided through any of our access channels (Bot, Website, or other interfaces) - "Content" refers to any videos, data, or materials created or uploaded - "Credits" refers to the digital currency used to generate videos on our Platform - "AI Services" refers to third-party AI providers including but not limited to OpenAI, Runway, and other video generation APIs 2. Acceptance of Terms By using our Platform through any access method (Telegram Bot, Website, or other interfaces), you agree to be bound by these Terms. If you do not agree, please do not use the Service. The Provider reserves the right to modify these Terms at any time, with changes becoming effective upon posting to the Platform. 3. Credit System and Payments 3.1 Credit-Based Service: themagicyeti operates exclusively on a pay-per-use credit system where Users purchase credit packages to generate AI videos through our Platform (via Telegram bot @magic_yeti_veo_bot, website themagicyeti.com, or other authorized interfaces). Each video generation consumes one or more credits as specified in our pricing structure. We do not offer subscriptions or recurring billing. 3.2 Non-Refundable Credits: - ALL CREDITS PURCHASED ARE FINAL AND NON-REFUNDABLE under any circumstances, including but not limited to dissatisfaction with results, technical failures, account termination, or service discontinuation - Credits have no cash value and cannot be exchanged for money, goods, or services - Credits are strictly non-transferable between accounts, users, or third parties - Credits cannot be resold, gifted, or assigned to any other party - Once a video generation request is submitted, credits are immediately and irrevocably consumed, regardless of generation outcome - NO EXCEPTIONS will be made to this policy, including for chargebacks, disputed transactions, or claims of unauthorized use 3.3 Credit Expiration: Credits do not expire unless explicitly stated otherwise. 3.4 Credit Purchase Terms: - All credit purchases are one-time payments in USD and subject to applicable taxes - Payment processing is handled through secure third-party providers (Stripe) - Users must provide accurate billing information for credit purchases - We reserve the right to modify credit pricing with 30 days notice 3.5 Failed Generations: In case of technical failures during video generation: - We will make reasonable efforts to retry the generation - If multiple retries fail due to our technical issues, we may, at our sole discretion, provide replacement credits - No refunds will be provided in any case 4. Intellectual Property and Content Ownership 4.1 Your Content: You retain ownership rights to the videos you generate using our Platform, subject to these Terms and applicable law. 4.2 Platform Rights: The Platform and its components (including but not limited to software, design, logos, and documentation) are protected by intellectual property rights owned by the Provider. 4.3 License to Process Data: By using our Platform, you grant us a non-exclusive, worldwide, royalty-free license to: - Process your prompts and generated content for service improvement - Store generated videos temporarily for delivery purposes - Use anonymized data for research and development - Analyze usage patterns to enhance Platform performance 4.4 AI Services and Data Processing: By using our Platform, you acknowledge that: - Your prompts will be processed by third-party AI video generation services - These services may use your data according to their respective terms of service - All generated content is stored securely on our servers - We implement industry-standard security measures during processing and storage 5. User Obligations and Prohibited Uses 5.1 General Obligations: - For Telegram access: Have a valid Telegram account to access the Bot - For Website access: Use a compatible web browser and internet connection - Maintain account security and confidentiality across all access methods - Use the Platform in compliance with applicable laws and the terms of service of any third-party platforms (such as Telegram's Terms of Service when using the Bot) - Not attempt to reverse engineer or exploit the Platform, Website, or Bot 5.2 Prohibited Content: Users may not generate videos that: - Contain illegal, harmful, or offensive material - Infringe upon others' intellectual property rights - Depict violence, harassment, or discriminatory content - Contain explicit sexual content or child exploitation material - Violate any applicable laws or regulations - Promote misinformation or deepfakes of real individuals without consent 5.3 Account Suspension: We reserve the right to suspend or terminate accounts that violate these Terms. 6. Service Provision and Limitations 6.1 Service Availability: - We strive for optimal service but do not guarantee uninterrupted availability of the Bot, Website, or video generation services - Video generation times may vary based on demand and technical factors - We maintain the right to implement usage limits per credit purchase or modify features across all access methods - Telegram Bot service depends on Telegram's platform availability and functionality - Website service depends on internet connectivity and browser compatibility 6.2 Quality Disclaimer: - AI-generated videos are provided "as is" without warranty of specific quality or results - Video generation is experimental technology and results may vary - We do not guarantee that generated content will meet User expectations 6.3 Support: Technical support is available at [email protected] 7. Privacy and Data Protection 7.1 Data Collection: We collect and process personal data as described in our Privacy Policy. 7.2 Generated Content: - Videos are stored temporarily for delivery and may be deleted after download - We do not monitor content unless required for technical support or legal compliance - Users are responsible for downloading and backing up their generated videos 8. Termination 8.1 By User: You may terminate your account at any time through any access method. Unused credits will not be refunded. 8.2 By Provider: We reserve the right to: - Suspend or terminate access for Terms violations across all platforms - Remove harmful or illegal content - Take necessary legal action 9. Disclaimers, Liability Limitations, and Indemnification 9.1 NO WARRANTIES: - THE PLATFORM, BOT, WEBSITE, AND ALL SERVICES ARE PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND - WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE - WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE - WE DO NOT GUARANTEE THE QUALITY, ACCURACY, OR APPROPRIATENESS OF AI-GENERATED CONTENT 9.2 LIMITATION OF LIABILITY: - TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES - THIS INCLUDES DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES - OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT PAID BY YOU FOR CREDITS IN THE PRECEDING 12 MONTHS, OR (B) €100 - SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU 9.3 THIRD-PARTY SERVICES: - We are not responsible for any third-party services, including Telegram, AI providers, or payment processors - Any issues with third-party services are solely between you and such third parties - We disclaim all liability for actions or omissions of third parties 9.4 FORCE MAJEURE: - We shall not be liable for any failure to perform due to events beyond our reasonable control, including acts of God, war, terrorism, pandemic, government regulations, internet service failures, or third-party service disruptions - During force majeure events, we may suspend services without liability 9.5 INDEMNIFICATION: - You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, costs, or expenses (including reasonable attorneys' fees) arising from: • Your use or misuse of the Platform, Website, or Bot • Your violation of these Terms • Content you generate, share, or distribute • Your violation of any rights of third parties • Your violation of applicable laws or regulations - This indemnification obligation survives termination of these Terms 10. Dispute Resolution and Governing Law 10.1 BINDING ARBITRATION: - ANY DISPUTE, CLAIM, OR CONTROVERSY arising out of or relating to these Terms or the Platform shall be resolved through binding individual arbitration - Arbitration shall be conducted under the French Arbitration Rules - The arbitration shall take place in Paris, France - The arbitrator's decision shall be final and binding - YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS 10.2 CLASS ACTION WAIVER: - You agree that any arbitration or legal proceeding shall be conducted only on an individual basis and not as part of any class, collective, or representative action - You waive any right to participate in class action lawsuits or class-wide arbitrations 10.3 Governing Law: - These Terms are governed by and construed in accordance with French law - For any disputes not subject to arbitration, the courts of Paris shall have exclusive jurisdiction 10.4 Limitation Period: - Any claim must be brought within one (1) year of the event giving rise to the claim, or such claim is forever barred 11. Changes to Terms 11.1 Modification Rights: - We reserve the right to modify these Terms at any time without prior notice - Changes become effective immediately upon posting - Continued use of the Platform constitutes acceptance of modified Terms - If you do not agree to modifications, you must stop using the Platform 11.2 No Grandfathering: - Updated Terms apply to all existing users and transactions, including previously purchased credits 12. Additional Terms 12.1 Severability: - If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect 12.2 Entire Agreement: - These Terms constitute the entire agreement between you and the Company - No other agreements, representations, or warranties apply unless in writing and signed by the Company 12.3 Assignment: - You may not assign these Terms or any rights hereunder without our written consent - We may assign these Terms at any time without notice 12.4 Survival: - Sections relating to payment, indemnification, liability limitation, and dispute resolution survive termination 12.5 Electronic Communications: - You consent to receive all communications electronically through the Bot, Website, or email - Electronic communications satisfy any legal requirement for written notice 13. Contact Information VW-CODING SASU au capital de 4000€ Siège social : 121 quai de Valmy, 75010 Paris RCS Paris 914 650 387 N° TVA : FR41914650387 Code NAF : 6201Z Director of Publication: Vincent Wargnier Contact: [email protected] Project: themagicyeti - AI Video Generation Platform Website: themagicyeti.com Telegram Bot: @magic_yeti_veo_bot ACKNOWLEDGMENT: BY USING THEMAGICYETI THROUGH ANY ACCESS METHOD, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.