Terms of Service

Last updated: January 2025

1. Acceptance of Terms

By downloading, installing, or using TryMotion ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App. These Terms constitute a legally binding agreement between you and TryMotion.

2. Eligibility

You must be at least 13 years of age (or 16 years of age in the European Economic Area) to use the App. If you are under 18 years of age (or the age of legal majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the App, you represent and warrant that you meet these eligibility requirements.

3. Description of Service

TryMotion is an AI-powered iOS application that transforms still images into animated videos using motion transfer technology. The App allows users to:

  • Select from built-in AI-generated character templates or upload their own photos
  • Record or import reference videos to define motion patterns
  • Generate animated videos using AI technology powered by Kling AI motion control
  • Choose between Standard and Pro quality modes for video generation

4. Apple App Store Terms

The App is made available through the Apple App Store. Your use of the App is also subject to the terms and conditions of the Apple Media Services Terms and Conditions, including the Licensed Application End User License Agreement ("Apple EULA"). In the event of any conflict between these Terms and the Apple EULA, the Apple EULA shall prevail with respect to your use of the App to the extent of such conflict. You acknowledge that:

  • These Terms are between you and TryMotion, not with Apple
  • Apple has no obligation to provide maintenance or support for the App
  • Apple is not responsible for any claims relating to the App
  • Apple is a third-party beneficiary of these Terms

5. User Accounts and Authentication

To use certain features of the App, you may be required to create an account using Auth0 authentication services. You are responsible for:

  • Providing accurate and complete information during registration
  • Maintaining the confidentiality and security of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account

We reserve the right to disable any account at any time if we reasonably believe you have violated these Terms.

6. Credit System and Purchases

6.1 Credit Usage

Video generation requires credits. Standard mode uses 5 credits per generation, while Pro mode uses 10 credits per generation. Credit costs are subject to change with notice provided in the App.

6.2 Credit Purchases

Credits are available for purchase through the Apple App Store as consumable in-app purchases. Various credit pack sizes are available, with current pricing displayed in the App. Prices may vary by region and are subject to change. All purchases are processed by Apple and subject to Apple's payment terms.

6.3 Refund Policy

Credits are non-refundable consumables. All purchases are final and processed through the Apple App Store. For refund requests, please contact Apple Support directly as TryMotion does not have the ability to process refunds for App Store purchases.

6.4 EU Consumer Withdrawal Rights

If you are a consumer in the European Union, you normally have the right to withdraw from a digital content purchase within 14 days. However, by purchasing credits and using them to generate videos, you acknowledge that: (a) the digital content is delivered immediately upon credit purchase; (b) you expressly consent to the immediate performance of the service; and (c) you acknowledge that you lose your right of withdrawal once the credits are used for video generation.

7. User Content and Responsibilities

7.1 Content Ownership

You retain all rights to the original images and videos you upload to the App. By uploading content, you grant TryMotion a limited, non-exclusive, royalty-free, worldwide license to process your content solely for the purpose of providing the video generation service. This license terminates when you delete your content or account.

7.2 Content Requirements

You represent and warrant that:

  • You have all necessary rights, licenses, and permissions to use and upload the images and videos you provide
  • Your content does not infringe on any third party's intellectual property rights, privacy rights, or publicity rights
  • You have obtained proper consent from any identifiable individuals depicted in your uploaded content
  • Your content complies with all applicable laws and regulations

7.3 Prohibited Content

You agree not to upload or generate content that:

  • Creates deepfakes or synthetic media of real people without their explicit written consent
  • Is illegal, harmful, threatening, abusive, harassing, defamatory, or libelous
  • Contains nudity, sexually explicit material, pornography, or adult content
  • Depicts minors in any inappropriate context
  • Promotes violence, terrorism, discrimination, or hate speech
  • Infringes on intellectual property rights, privacy rights, or publicity rights of others
  • Contains malware, viruses, or harmful code
  • Constitutes fraud, impersonation, or misrepresentation
  • Violates any applicable laws, regulations, or third-party rights

7.4 Content Monitoring

We reserve the right, but have no obligation, to monitor, review, or remove any user content at our sole discretion. We may report illegal content to appropriate law enforcement authorities.

8. Intellectual Property

8.1 Generated Content

Subject to your compliance with these Terms and applicable law, you receive a non-exclusive license to use the AI-generated videos for personal and commercial purposes. However, TryMotion and its technology partners retain all rights to the underlying AI technology, algorithms, models, and service infrastructure. You may not claim ownership of or patent the AI technology itself.

8.2 App Ownership

The App, including its design, features, code, documentation, trademarks, and all related intellectual property, is owned by TryMotion and protected by copyright, trademark, patent, and other intellectual property laws. You receive no ownership rights in the App.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the App, you grant TryMotion a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation to you.

9. AI-Generated Content Disclaimer

The video generation feature uses artificial intelligence technology. You acknowledge and agree that:

  • Results may vary and are not guaranteed to meet specific expectations
  • AI-generated content may contain imperfections, artifacts, or unexpected results
  • The quality and accuracy of generated videos depend on input quality and other factors beyond our control
  • TryMotion does not guarantee any specific outcome from the AI generation process
  • You are solely responsible for reviewing generated content before use or distribution
  • AI technology is continuously evolving and results may change over time

10. Prohibited Uses

You agree not to:

  • Use the App for any illegal, unauthorized, or harmful purpose
  • Create content intended to harass, bully, stalk, or intimidate others
  • Generate fraudulent, misleading, or deceptive content
  • Impersonate others or create content that could be mistaken for authentic media
  • Circumvent, disable, or interfere with security features of the App
  • Attempt to bypass the credit system, payment mechanisms, or usage limits
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
  • Use automated systems, bots, scrapers, or similar technology to access the App
  • Resell, redistribute, sublicense, or commercially exploit the App or its services
  • Interfere with or disrupt the App's servers, networks, or infrastructure
  • Violate any applicable laws, regulations, or third-party rights

11. Service Availability

We strive to maintain App availability but do not guarantee uninterrupted access. The App may be unavailable due to:

  • Scheduled or emergency maintenance
  • Technical failures or server issues
  • Third-party service provider outages
  • Circumstances beyond our reasonable control

We are not liable for any loss or damage resulting from App unavailability. We reserve the right to modify, suspend, or discontinue the App or any feature at any time with or without notice.

12. Technical Requirements

For optimal use of the App, content must meet the following specifications:

  • Images: JPG, JPEG, or PNG format, maximum 10MB, dimensions between 340px and 3850px
  • Videos: MP4 or MOV format, maximum 100MB, duration between 3 and 30 seconds

Content that does not meet these specifications may not be processed or may produce suboptimal results. Technical requirements are subject to change.

13. Termination

We reserve the right to suspend or terminate your access to the App at any time, with or without cause, with or without notice, for conduct that we believe violates these Terms, is harmful to other users, us, third parties, or for any other reason at our sole discretion. Upon termination:

  • Your right to use the App will immediately cease
  • Unused credits will be forfeited and are non-refundable
  • We may delete your account and associated data
  • Provisions that by their nature should survive termination will survive

You may terminate your account at any time by deleting the App and contacting us to request account deletion.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP 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, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRYMOTION AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR CREDITS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100 USD).

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

16. Indemnification

You agree to indemnify, defend, and hold harmless TryMotion and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; (d) any content you upload or generate using the App; or (e) your violation of any applicable laws or regulations.

17. Dispute Resolution and Arbitration

17.1 Informal Resolution

Before filing any formal legal action, you agree to attempt to resolve any dispute informally by contacting us using the details in Section 21. We will attempt to resolve the dispute within a reasonable timeframe.

17.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. This arbitration agreement does not preclude you from bringing issues to the attention of governmental agencies or override any mandatory consumer protection rights under applicable law, including rights available to consumers in the European Union.

17.3 Class Action Waiver

YOU AND TRYMOTION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and TryMotion agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

17.4 Exceptions

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in court for matters related to intellectual property rights or unauthorized access to the App.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Belgium, without regard to conflict of law principles. For any disputes not subject to arbitration, the competent courts of Belgium shall have exclusive jurisdiction. If you are a consumer in the European Union, you may also bring proceedings in the courts of your country of residence.

19. Changes to Terms

We may update these Terms from time to time at our sole discretion. We will notify you of material changes by posting the new Terms in the App, on our website, or by sending you an email. The "Last updated" date at the top of these Terms indicates when they were last revised. Your continued use of the App after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App.

20. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and TryMotion regarding the App and supersede all prior agreements and understandings.

20.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

20.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by TryMotion.

20.4 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. These Terms shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.

20.5 Force Majeure

TryMotion shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or third-party service provider failures.

20.6 Notices

We may provide notices to you via email, push notification, or by posting on the App or our website. You may provide notices to us by email at the contact address below.

21. Contact Information

For questions about these Terms of Service, please contact us at:

Email: [email protected]

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