Terms of Service
Effective date: 2026-05-11
1. Introduction
These Terms of Service (the “Terms”) form a binding agreement between you and the operator of Swiftly Studio (“we”, “us”, “our”) and govern your access to and use of Swiftly Studio (the “Service”). By creating an account, clicking “I agree”, or using the Service in any way, you accept these Terms and our Privacy Policy, Acceptable Use Policy, and Refund Policy, each of which is incorporated by reference.
2. The Service
Swiftly Studio is a software-as-a-service platform that lets users generate digital media (video, images, voiceovers, and music) using third-party AI providers. Generated assets are delivered to your in-app library for download or further editing. The Service is intended for independent creators, marketing teams, and production studios for lawful creative purposes. We may add, modify, or remove features at any time.
3. Accounts
You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account. You agree to provide accurate registration information, keep your credentials confidential, and notify us promptly of any unauthorized use. You are responsible for all activity under your account. We may suspend accounts that we reasonably believe have been compromised.
4. Sanctioned Countries and Export Controls
You may not access or use the Service from any country subject to a US, UK, or EU government embargo, or designated by any of those governments as a “terrorist-supporting” country. You represent that (a) you are not located in such a country, (b) you are not listed on any government list of prohibited or restricted parties (including the US Treasury’s SDN list), and (c) you will not use the Service in violation of any applicable export-control or sanctions laws.
5. Subscriptions and Credits
5.1 Subscription Plans
We offer recurring monthly and annual subscription plans. Each plan includes a stated allowance of generation credits that refresh at the beginning of every billing cycle. Subscriptions renew automatically at the then-current price unless cancelled before the renewal date.
5.2 One-Time Credit Top-Ups
In addition to a subscription, you may purchase one-time credit top-ups. Top-up credits are added to your balance and consumed alongside subscription credits.
5.3 Credit Properties
Credits are a limited licence to use the Service. They are non-refundable, non-transferable, non-redeemable for cash, and have no monetary value outside the Service. Subscription credits expire at the end of each billing cycle and do not roll over. Top-up credits expire twelve (12) months after purchase or when your account is closed, whichever is earlier. We may, in our reasonable discretion, impose fair-use limits on credits to prevent abuse.
5.4 Pricing, Taxes, and Renewal Notices
Prices are listed on the Pricing page and are exclusive of applicable taxes, which we may collect where required. We may change prices at renewal with reasonable advance notice; if you do not agree to a price change, you may cancel before the renewal date.
5.5 EU/UK Right of Withdrawal — Waiver
If you are a consumer located in the European Union or United Kingdom, you ordinarily have a fourteen (14) day right of withdrawal from a distance contract for digital services. By starting to use the Service or running your first generation, you expressly request that we begin performance immediately and acknowledge that you lose your right of withdrawal once performance has begun, in accordance with Article 16 of Directive 2011/83/EU and the UK Consumer Contracts Regulations. See our Refund Policy for details.
6. Cancellation and Refunds
You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing cycle; you retain access to the Service and any remaining subscription credits until that date. All payments are non-refundable except where required by applicable law or where granted as a limited exception under our Refund Policy.
7. AI Services
7.1 How Generations Work
When you submit a prompt or input to the Service, we route the request to one or more third-party AI providers. The provider generates the output and returns it to our systems for delivery to your library. Outputs are probabilistic, generated from statistical models, and may not be unique to you. The specific providers we use may change at any time.
7.2 Use of Inputs and Outputs
We do not use your prompts, uploaded reference media, or generated outputs to train Swiftly’s own models. We may use aggregate, fully de-identified usage statistics to improve safety filters and Service performance. The third-party AI providers that fulfil your generation requests handle inputs and outputs under their own terms and privacy policies; where commercially available we select provider tiers that do not use customer inputs for model training, but we cannot guarantee the behaviour of any third party.
7.3 User Warranties on Inputs
By submitting any input (text prompts, uploaded images, reference audio, voice samples, faces, video clips, or any other material), you represent and warrant that:
- You own all rights necessary to submit the input, or you have a valid licence to do so;
- The input does not infringe any third party’s intellectual property, publicity, privacy, or other rights;
- If the input contains a real person’s likeness, voice, or biometric identifier, you have that person’s explicit, documented consent for the use you intend to make of the output; and
- The input does not contain content that violates our Acceptable Use Policy.
7.4 Output Disclaimers
You understand and accept that AI outputs may:
- Resemble existing works, trademarks, or real persons by coincidence;
- Contain factual errors, hallucinations, or unsafe content despite filtering;
- Vary between identical prompts;
- Be similar or identical to outputs received by other users from the same or similar prompts.
You are the publisher of record for any output you choose to use, and you are responsible for reviewing outputs before publication.
7.5 AI Transparency
The Service is an AI system that generates synthetic media. Where required by law (including the EU AI Act), you must clearly label outputs as AI-generated when you publish them — particularly for political content, news content, or contexts where viewers might otherwise be misled about the origin of the content.
8. Ownership of Generated Content
Subject to (a) your compliance with these Terms, our AUP, and applicable third-party provider terms, and (b) the limitations in §7, you own the outputs you generate using the Service and may use them for personal and commercial purposes worldwide, in perpetuity, including in advertising and broadcast contexts. This licence to outputs you generated during an active subscription survives termination of your account, unless your account was terminated for breach of these Terms or our AUP, in which case all rights to commercial use of those outputs immediately terminate.
9. Intellectual Property
The Service, including its software, design, branding, and the Swiftly name and logos, is owned by us and our licensors and is protected by intellectual-property laws. These Terms do not grant you any rights to our trademarks or proprietary technology beyond the limited licence to use the Service.
You may not scrape, crawl, reverse-engineer, decompile, or otherwise attempt to derive the source code, weights, or training data of any model accessible through the Service, nor use Service outputs to train a competing AI model.
10. Third-Party Providers
The Service relies on third-party AI providers, a payment processor, and other infrastructure vendors. Your use of generated outputs is subject to those providers’ terms where applicable. We are not liable for outages, changes, or actions of third-party providers, and we may change providers at any time.
11. Copyright Infringement (DMCA)
We respect intellectual-property rights. If you believe content generated, uploaded, or distributed through the Service infringes your copyright, follow the procedure in our Copyright Policy. Our DMCA designated agent can be reached at dmca@swiftlystudio.com. We may terminate accounts of repeat infringers at our sole discretion.
12. Acceptable Use
Your use of the Service is governed by our Acceptable Use Policy. Violations may result in suspension or termination without refund and may be reported to law enforcement.
13. User Indemnification
You agree to defend, indemnify, and hold harmless us, our officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) any input you submit or output you publish; (c) your breach of these Terms, our AUP, or applicable law; or (d) your violation of any third party’s rights, including intellectual-property, publicity, or privacy rights.
14. Disclaimers
The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that outputs will meet your expectations, be unique, or be free of objectionable material.
Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the disclaimers above apply to the maximum extent permitted by law.
15. Limitation of Liability
To the maximum extent permitted by law:
- We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, data, business, or goodwill, whether based on contract, tort (including negligence), or any other theory.
- Our aggregate liability under or in connection with these Terms shall not exceed the greater of (a) the amount you paid us in the twelve (12) months preceding the event giving rise to the liability, or (b) one hundred US dollars (USD $100).
These limitations apply even if we have been advised of the possibility of such damages and even if any remedy fails of its essential purpose. Nothing in these Terms limits our liability for fraud, gross negligence, or for any liability that cannot be limited under applicable law.
16. Termination
You may terminate your account at any time from your account settings. We may suspend or terminate your account immediately and without notice if you violate these Terms or our AUP, if required by law, or if we discontinue the Service. On termination: (a) your right to use the Service ceases immediately; (b) any unused credits are forfeit; and (c) sections that by their nature should survive (including §7.3, §8, §9, §13, §14, §15, §17, §18, and §19) survive.
17. Dispute Resolution; Governing Law
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law principles. Subject to §17.1, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Delaware, and each party consents to personal jurisdiction in those courts.
17.1 Consumer Protections
If you are a consumer resident in a jurisdiction whose laws require that disputes be heard in your local courts or under your local law, nothing in §17 deprives you of that protection.
18. Changes to the Terms
We may update these Terms from time to time. Material changes will be communicated by email or in-app notice before they take effect. Continued use of the Service after the effective date of the changes constitutes acceptance.
19. General
- Entire agreement. These Terms, together with the policies incorporated by reference, are the entire agreement between you and us regarding the Service and supersede any prior agreements.
- Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
- No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, government action, pandemic, network outages, or third-party AI provider outages.
- Relationship. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship.
- Notices. We may give notice by email to the address associated with your account, by posting in the Service, or by any other reasonable means. You agree that electronic notice satisfies any legal requirement that communications be in writing.
- Electronic communications. By using the Service, you consent to receive electronic communications from us and agree that our electronic communications, agreements, and notices satisfy any legal requirement that they be in writing.
20. Contact
For DMCA notices: dmca@swiftlystudio.com
For abuse reports: abuse@swiftlystudio.com
For privacy requests: privacy@swiftlystudio.com