Terms of Service

Last updated: January 20, 2025

Welcome to Custom One. These Terms of Service ("Terms") govern your access to and use of the Custom One platform, website, and services (collectively, the "Service") operated by Custom One LLC, a Delaware limited liability company ("Custom One," "we," "us," or "our").

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

1. Description of Service

Custom One provides a platform that enables users to create and deliver personalized video content at scale for marketing, lead generation, and customer engagement purposes. Our Service uses artificial intelligence and automated systems to generate personalized video content based on your inputs and templates. Our Service includes:

• AI-powered personalized video generation and delivery
• Video customization and templating tools
• Analytics and performance tracking
• Integration capabilities with third-party platforms

2. Account Registration

To use certain features of the Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 18 years old to create an account and use the Service.

3. Subscription and Payment

Custom One offers various subscription plans. By selecting a subscription, you agree to pay the applicable fees. Key payment terms include:

• All payments are processed securely through Stripe
• Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your plan)
• All fees are non-refundable. This includes partial months, unused video credits, and any prepaid subscription periods. No refunds will be issued for cancellations, downgrades, or account terminations, except where required by applicable law
• We reserve the right to change our pricing with 30 days' notice to existing subscribers
• Failure to pay may result in immediate suspension or termination of your account
• You are responsible for all taxes associated with your use of the Service

4. Free Trial

We may offer a free trial period for new users. By starting a free trial:

• You acknowledge that your account will automatically convert to a paid subscription at the end of the trial period
• You will be charged at the then-current subscription rate unless you cancel before the trial ends
• You are responsible for canceling before the trial period expires if you do not wish to continue
• We will send a reminder before your trial ends, but failure to receive such reminder does not extend the trial or entitle you to a refund

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Send spam, unsolicited messages, or deceptive content
• Create videos that impersonate others without their consent
• Create deepfakes or misleading synthetic media
• Distribute malware, viruses, or harmful code
• Harass, abuse, or harm others
• Create content that is defamatory, obscene, or promotes violence
• Attempt to gain unauthorized access to our systems
• Use the Service for any illegal or fraudulent purpose
• Resell or redistribute the Service without authorization
• Use automated systems to access the Service in a manner that exceeds reasonable use

We reserve the right to suspend or terminate accounts that violate these terms, without refund.

6. Your Content

You retain ownership of all content you upload to or create using the Service ("User Content"). By using the Service, you grant Custom One a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, and process your User Content solely to provide, maintain, and improve the Service.

You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not infringe any third-party rights, including copyright, trademark, privacy, or publicity rights
• You have obtained all necessary consents from individuals appearing in your videos
• Your User Content complies with all applicable laws

You are solely responsible for your User Content. Custom One does not review, approve, or endorse any User Content and assumes no liability for any User Content uploaded or created using the Service.

7. Copyright Policy and DMCA

Custom One respects intellectual property rights and expects users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated agent with the following information:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing, with enough detail so we can locate it
• Your contact information (address, telephone number, and email)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf

Send DMCA notices to: hello@custom.one with "DMCA Notice" in the subject line.

We may terminate the accounts of users who are determined to be repeat infringers.

8. Data Export and Portability

During your active subscription, you may export your User Content through the tools provided in the Service. Upon termination or cancellation of your account:

• You will have 30 days from the date of termination to request an export of your User Content
• After this 30-day period, we may permanently delete all User Content associated with your account
• We are not obligated to retain any User Content after the 30-day period
• Export requests should be sent to hello@custom.one

We reserve the right to charge a reasonable fee for data export requests that require significant manual processing.

9. Intellectual Property

The Service and its original content (excluding User Content), features, functionality, and underlying technology are owned by Custom One and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.

10. Third-Party Services

The Service may integrate with or contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party services. Your use of third-party services is at your own risk and subject to the terms and conditions of those services.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
• ANY ERRORS IN THE SERVICE WILL BE CORRECTED

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOM ONE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER CUSTOM ONE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or alteration of your transmissions or data
• Any statements or conduct of any third party on the Service
• Any interruption, suspension, or termination of the Service
• Any bugs, viruses, or similar issues transmitted through the Service
• Any errors, inaccuracies, or omissions in the Service or any content
• Your User Content or any content of third parties

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE LESSER OF: (A) THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify, defend, and hold harmless Custom One and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of any third party
• Any claim that your User Content caused damage to a third party

This indemnification obligation will survive the termination of these Terms and your use of the Service.

14. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination:

• Your right to use the Service will immediately cease
• You will have 30 days to request export of your User Content (see Section 8)
• After 30 days, we may permanently delete your account and all User Content
• You remain liable for any outstanding fees and any fees incurred prior to termination
• No refunds will be issued for any prepaid fees

You may terminate your account at any time through your account settings or by contacting us. Termination does not entitle you to any refund of fees paid.

15. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us individually. To the fullest extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

16. Changes to Terms

We reserve the right to modify these Terms at any time at our sole discretion. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. For material changes, we will make reasonable efforts to provide notice via email or through the Service.

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Subject to the arbitration provision above, any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

18. Severability

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

19. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Custom One regarding the Service and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written.

22. Enterprise Customers

Enterprise customers may request a separate Data Processing Agreement (DPA) and custom Service Level Agreement (SLA) by contacting us at hello@custom.one. Enterprise agreements, where executed, shall take precedence over conflicting terms in these Terms.

23. Contact Us

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

Custom One LLC
Email: hello@custom.one
Website: custom.one
Mailing address available upon written request.