Terms of Service

These terms govern your use of Holovey.ai (the "Service"), operated by Ramon Meyer, Holovey.ai (sole proprietorship), Buechstrasse, 5436 Würenlos, Switzerland, UID CHE-376.031.017. By creating an account or using the Service you agree to them, and to the Acceptable Use Policy, the Refund Policy, the Privacy Policy and the Copyright Policy, which form part of these terms.

1. What Holovey does

Holovey lets you create AI-generated images and videos for marketing: product images, product videos and videos in which an AI-generated presenter (an "avatar") speaks a script you provide. You can also upload an existing advertisement so that the AI describes its structure, and then create your own ad with your own product, avatar and new words ("Clone an Ad"). Results are generated by third-party AI models and may vary in quality. We do not guarantee a particular result.

2. Your account

• You must be at least 18 years old and use the Service for business purposes.
• You are responsible for everything that happens under your account. Keep your sign-in method secure and tell us at once if you suspect misuse.
• One person may not create multiple accounts to obtain extra free credits. We may close accounts and withhold free credits where we find this.
• Accounts that stay inactive for a long time may be closed after we warned you by email. Your content is then deleted as described in the Privacy Policy.

3. Credits, plans and payment

• Generations are paid with credits. The price in credits is shown before you start a generation and is never higher than what was shown.
• Credits are reserved when a generation starts and charged only when it succeeds. Failed generations are not charged. Analysing an ad in Clone an Ad also costs credits and follows the same rule.
• Subscription credits renew each billing period and do not carry over unless stated on the pricing page. Purchased credit packs do not expire while your account exists. Free or promotional credits may have limits or an expiry date, shown when they are given.
• Subscriptions renew automatically at the end of each billing period until you cancel. You can cancel at any time in your account; you keep access until the end of the period you paid for.
• Prices are shown in US dollars unless stated otherwise and include no taxes unless stated. Payments are processed by Stripe. We may change prices and plans with notice on the pricing page; changes apply from the next billing period.
• Refunds are covered by the Refund Policy. If you start a chargeback instead of contacting us first, we may suspend your account until it is resolved.
• We may apply reasonable fair-use limits (for example, hourly limits on analyses and script suggestions) to protect the Service from abuse.

4. Your content and rights

• You keep all rights to the product photos, scripts, videos and other material you upload ("Input"). You grant us the right to process it, and to send it to the AI providers named in section 7, only to provide the Service to you.
• As between you and us, you own the images, videos and voices generated for you ("Output"), subject to these terms and to the rights of others. You may use them for your own commercial purposes, including advertising. Because AI output is not always protected by copyright, we cannot promise exclusive rights.
• You confirm that you own or have permission to use everything you upload, including any person's likeness or voice, and any brand, product or advertisement shown.
• We do not use your Input or Output to train our own AI models, and we do not publish it. We may show a result publicly only if you ask us to.

5. AI avatars, likeness and voices

• Do not upload a real person's photo or voice unless you are that person or have their explicit written consent that covers the use you make of the result. This includes consent to the use of the avatar and of any content made with it, and you must honour a request by that person to stop using it.
• Impersonating real people, including celebrities, public figures and politicians, is prohibited. Avatars that appear to be under 18 are prohibited.
• Photos of real people are stored to create and keep an avatar consistent. See the Privacy Policy for how biometric-type data is handled.
• You may remove your avatars and generated content at any time. We may remove an avatar or content if we receive a credible complaint from the person shown.

6. Acceptable use, AI disclosure and Clone an Ad

• The Acceptable Use Policy lists what you must not create or upload.
• Where advertising law or platform rules require it, you must disclose that content is AI-generated. You are responsible for making your ads comply with advertising law and platform rules, including the truth of any claims you make about your product.
• In Clone an Ad you may only upload ads you have the right to learn from. We describe an ad's structure so that you can make your own ad with your own product, avatar and new words. You must not copy another person's footage, music, voice, face, text, brand or characters, or imitate an ad so closely that people could confuse it with the original.
• Uploads and prompts may be checked automatically for prohibited content. We may refuse a request, remove content, or suspend or close accounts that break these rules.

7. Third-party AI providers

Generations are produced by external AI providers (currently Google Gemini, fal.ai, ByteDance / BytePlus and ElevenLabs). Only the material needed for your generation (for example your prompt, uploaded images, uploaded ad video and script) is sent to them. Their availability and their own rules are outside our control; if a provider is unavailable or refuses a request, generations may be delayed or refused and no credits are charged.

8. Availability, changes and beta features

We aim for high availability but do not guarantee uninterrupted service. We may change or discontinue features, models and prices of individual features, and may label features as beta; beta features may be incomplete. If we discontinue the Service entirely, we will give reasonable notice and you may download your content.

9. Copyright and removal requests

If you believe content created with the Service infringes your rights, or shows you without your consent, follow the Copyright and Takedown Policy. We may remove content and close the accounts of repeat infringers.

10. Disclaimer

The Service and its output are provided "as is". We do not promise that output is accurate, free of third-party rights, suitable for a specific purpose or approved by an advertising platform. You check output before you publish it.

11. Liability

To the extent permitted by Swiss law, our liability is limited to the amount you paid us in the twelve months before the claim. We are not liable for indirect damages, lost profits, or results of your use of generated content. Nothing in these terms limits liability for intent or gross negligence, or any liability that cannot be limited by law.

12. Indemnity

You will compensate us for claims and costs (including reasonable legal fees) that arise from content you upload or publish, or from your breach of these terms, the Acceptable Use Policy or the rights of others.

13. Termination

You may close your account at any time in the account settings or by contacting us. We may suspend or close accounts that violate these terms, with notice where reasonably possible. After closure your content is deleted according to the Privacy Policy. Sections that by their nature continue (for example ownership, liability, indemnity and governing law) continue after closure.

14. Changes to these terms

We may update these terms. The date at the top shows the current version. For significant changes we will inform you by email or in the app before they apply. If you keep using the Service after the change date you accept the new terms; if you do not agree you can close your account.

15. General

• If a part of these terms is invalid, the rest stays valid.
• Neither of us is liable for delays caused by events outside our control (force majeure), such as an outage of a major provider.
• You may not transfer your account to someone else. We may transfer the Service to a successor and will inform you if we do.
• You must follow export-control and sanctions laws that apply to you.
• These terms, together with the policies linked above, are the whole agreement between you and us about the Service.

16. Governing law

Swiss law applies. The courts at the operator's seat in Switzerland have jurisdiction, subject to mandatory consumer protection rules.

17. Contact

Ramon Meyer, Buechstrasse, 5436 Würenlos, Switzerland. Email: support@holovey.ai