In these Terms of Use, unless the context otherwise requires:
“Additional Items” means, in relation to a Party, any subsidiary and/or parent undertakings and any subsidiaries of such parent undertakings of such Party (as defined in the Companies Act 2006).
“Authorised Users” means those employees, contractors or agents of the Customer (or, for an individual Customer, the Customer themselves) and the Customer’s Affiliates who are authorised by the Customer to use the Services and Documentation (as notified by the Customer to the Provider via the Website or in writing prior to the commencement of the Services).
“Business Day” means a day other than a Saturday, Sunday or public holiday in England.
“Customer Data” means any data, content, media or information inputted by the Customer, its clients, Authorised Users, Students, or by the Provider on the Customer’s behalf, for the purpose of using the Services or facilitating the Customer’s use of the Services (including personal data).
“Documentation” means the FAQs, product guides, developer docs, onboarding materials and any other documentation provided by the Provider from time to time in connection with the Services.
“Fees” means the fees payable by the Customer to the Provider for the Services, as set out in the Fee Schedule in the Specification Sheet or otherwise agreed in writing.
“Fee Invoice” means an invoice rendered by a Party to the other Party in respect of any Fees due.
“Force Majeure Event” has the meaning given in Clause 16.1.
“Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and related rights, moral rights, trade marks, trade names, service marks and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, design rights, database rights, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including applications, renewals, extensions and rights to claim priority, and all similar or equivalent rights anywhere in the world.
“Normal Business Hours” means 9:00–18:00 UK time on a Business Day.
“Privacy Policy” means the Provider’s privacy policy available on the Website (as updated from time to time).
“Service Level” means any usage limits, performance targets and support levels set out in the Specification Sheet or Documentation.
“Services” means:
(a) the Provider’s video generation and related functionality delivered via the Software; and
(b) the Provider’s AI-generated course content services made available to Customers or Students (the “AI Courses”),
in each case provided in accordance with these Terms of Use and the Documentation.
“Software” means the Provider’s content video generation software applications delivered via API and/or web application, available at immersive-fox.com (including related sub-domains).
“Specification Sheet” means any cover sheet, online order, or order form accompanying these Terms of Use setting out the scope of the Services purchased.
“Student” means an individual user who subscribes to or accesses AI Courses.
“Term” has the meaning given in Clause 15.1.
“Virus” means anything (including code, file or programme) that may adversely affect the operation of any computer software, hardware, network or data, including worms, trojans, viruses and similar devices.
“Website” means immersive-fox.com and its sub-domains.
“Website IP Rights” means all Intellectual Property Rights subsisting in or relating to the Website and Software.
(a) References to a statute include any modification or re-enactment.
(b) A reference to a Party includes its permitted successors and assigns.
(c) Clause headings are for convenience only and shall not affect interpretation.
(d) Words in the singular include the plural and vice versa.
(e) “Writing” or “written” includes email.
(A) The Provider allows users to create videos in minutes without film crews, studios, actors or cameras, with optional auto-translation into 50+ languages.
(B) The Customer wishes to use the Services.
(C) By creating an account, ticking acceptance boxes or using the Services, you agree to be bound by these Terms of Use. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind such entity.
Subject to payment of Fees and compliance with these Terms of Use, the Provider grants the Customer a non-exclusive, non-transferable, non-sublicensable right during the Term to access and use the Services and Documentation solely: (a) for the Customer’s internal business purposes; or (b) for a Student’s personal educational purposes, in each case within the Service Level.
The Customer shall ensure that each Authorised User: (a) keeps their login credentials secure and confidential; (b) only uses the Services for the Customer’s benefit; and (c) complies with these Terms of Use. The Customer is responsible for all acts and omissions of Authorised Users and Students linked to its account.
You shall not (and shall procure Authorised Users/Students do not):
(a) copy, modify, adapt, translate, publicly display, transmit or distribute any part of the Software or Documentation except as expressly permitted;
(b) reverse-engineer, decompile or disassemble the Software except to the extent such restriction is prohibited by law;
(c) access the Services in order to build a competing product or service;
(d) interfere with or disrupt the integrity or performance of the Services, introduce a Virus or bypass security features;
(e) use the Services for unlawful, harmful, defamatory, infringing, harassing, deceptive, discriminatory or otherwise objectionable purposes;
(f) use scraping, bots or automated methods other than the documented API;
(g) resell or commercially exploit the AI Courses or other Service outputs except where expressly permitted in a written agreement with the Provider.
You shall use reasonable endeavours to prevent unauthorised access to the Services and promptly notify the Provider of any unauthorised access or suspected security incident.
To access the API, Services and/or AI Courses you must register an account, complete all required fields, and submit an online order or Specification Sheet selecting the Services or Courses. We may reject orders at our discretion.
We may request a valid payment method at registration or later. We may suspend access until valid payment details are on record.
Access begins on the date of acceptance of your order and continues for the Term, subject to these Terms and timely payment of Fees.
We may deactivate accounts and end subscriptions that are unused for six (6) months or that contain false information. Fake or impersonation profiles are prohibited.
The Provider may use artificial intelligence and generative models to prepare portions of course content, assessments, examples or translations (“AI Content”). AI Content may include factual, conceptual or stylistic errors.
Each course is attributed to a course creator/instructor (a “Creator”). Creators are responsible for verifying, editing and approving AI Content before publication. However, AI may still make mistakes and the Provider does not guarantee the accuracy, completeness or fitness for a particular purpose of any AI Content.
You agree to independently evaluate and verify course content before relying on it (e.g., for professional advice, compliance or safety-critical decisions). Courses are for educational/informational purposes only and are not professional advice.
If you believe AI Content is inaccurate, misleading, biased or infringes rights, you shall promptly report it via the channels indicated on the Website. We may edit, remove or suspend content or courses at our discretion.
Unless expressly permitted in writing, you must not repackage, resell or publicly redistribute AI Courses or substantial portions of AI Content.
During the Term, the Provider shall provide the Services and make the Documentation available in accordance with these Terms of Use.
We use commercially reasonable endeavours to make the Services available except for:
(a) planned maintenance (normally between 02:00 and 05:00 UK time);
(b) urgent unscheduled maintenance (we will use reasonable endeavours to give at least five (5) hours’ notice where practicable); or
(c) downtime caused by a Force Majeure Event or third-party networks.
Customer support is provided during Normal Business Hours in accordance with the Service Level and support policy in effect at the time the Services are provided.
We are not a party to any transaction or arrangement concluded based on outputs or documents generated through the Services and make no representation or warranty regarding such transactions.
You shall provide all cooperation, information and access reasonably required for us to deliver the Services, including Customer Data, security/access information and configuration details.
You will comply with all applicable laws and regulations in connection with your use of the Services and ensure Authorised Users and Students do the same.
You are solely responsible for ensuring you have all necessary rights, licences, consents and permissions to upload, process, generate, publish or otherwise use any media or content (including photos, videos, audio, voice samples, likeness and biometric identifiers where applicable) on or via the Services. You must not create avatars or AI actors from a third party’s media without their appropriate consent.
You shall indemnify, defend and hold harmless the Provider and its Affiliates, officers, agents and employees against any claim, demand, loss, damages, costs and expenses (including reasonable legal fees) arising from or related to your use of third-party media without proper authorisation or any allegation that your content infringes third-party rights.
If you become aware of any infringement or unauthorised use of third-party media on the Services, you must promptly notify us in writing. We may remove content or suspend accounts in response.
To the extent the Provider processes personal data on behalf of the Customer in providing the Services, the Customer is the controller and the Provider is the processor. To the extent the Provider determines the purposes and means of processing (e.g., account management, service improvement analytics, security), the Provider acts as an independent controller for such processing.
Where acting as processor, the Provider shall:
(a) process personal data only on the documented instructions of the Customer and for the purposes of this Agreement;
(b) ensure personnel are bound by confidentiality obligations;
(c) implement appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing, accidental loss, destruction or damage;
(d) assist the Customer with data-subject requests, security, DPIAs and consultations where reasonably required;
(e) notify the Customer without undue delay after becoming aware of a personal-data breach;
(f) not transfer personal data outside the UK/EEA unless appropriate safeguards are in place (e.g., adequacy, SCCs, IDTA, or Binding Corporate Rules) and, where required, with the Customer’s prior written authorisation;
(g) maintain records of processing as required by law; and
(h) upon termination, delete or return personal data (subject to legal retention obligations).
The Customer authorises the Provider to appoint sub-processors for hosting, storage, support and ancillary services. The Provider will impose data-protection obligations on sub-processors equivalent to those set out in this Clause and remains liable for their acts and omissions.
The Customer warrants that it has a lawful basis and all necessary notices/consents to disclose personal data to the Provider and to permit processing under these Terms of Use; and that Customer Data is accurate and up-to-date.
Data subjects may exercise their GDPR/UK GDPR rights (access, rectification, erasure, restriction, portability, objection and information regarding automated decision-making) as described in our Privacy Policy.
The Provider declares compliance with GDPR, UK GDPR and the UK Data Protection Act 2018, including data protection by design and by default, appropriate security measures, breach notification within statutory timelines and cooperation with supervisory authorities. Where legally required, the Provider will appoint a Data Protection Officer (or equivalent) and publish contact details in the Privacy Policy.
Processing of personal data by the Provider as controller is described in our Privacy Policy, which is incorporated by reference. In the event of conflict between these Terms and the Privacy Policy regarding personal-data processing as controller, the Privacy Policy prevails.
As between the Parties, the Customer owns all right, title and interest in and to Customer Data.
We follow standard archiving and backup procedures. If Customer Data is lost or corrupted, we will use commercially reasonable endeavours to restore it from the latest valid backup. We are not responsible for loss caused by third parties except our sub-processors.
You permit the Provider to analyse usage of the Services (including metrics related to videos, posts and AI Courses) to operate, maintain, secure and improve the Services and to develop new features, provided such analysis complies with data-protection laws and our Privacy Policy.
You shall pay the Fees in accordance with the Fee Schedule to the bank account or payment method specified on the Fee Invoice. Unless stated otherwise, Fees are due upon invoice.
If any Fee is not received within thirty (30) days after the due date:
(a) we may suspend access (including disabling logins) until all overdue amounts are paid; and
(b) interest accrues on a daily basis at 3% per annum above the Barclays Bank base lending rate from time to time, from due date until paid in full.
All Fees are exclusive of VAT and other applicable taxes, which shall be charged at the prevailing rate.
If you order Additional Items during the Term, fees will be charged at our then-current rates and, if purchased mid-Term, pro-rated for the remainder of the current billing period.
We may increase Fees on or after each 12-month anniversary of the Effective Date upon at least 120 days’ prior notice.
The Provider and its licensors own all Website IP Rights, and all Intellectual Property Rights in and to the Services, Software and Documentation. Except for the limited rights expressly granted, no rights are assigned or implied.
You grant the Provider a worldwide, non-exclusive, royalty-free licence for the Term (and a reasonable wind-down period thereafter) to host, store, process, transmit, display and otherwise use Customer Data solely to provide and improve the Services and as otherwise permitted by these Terms.
As between the Parties and subject to third-party rights and your compliance with these Terms, you own your original content and lawful outputs you generate using the Services (e.g., your final videos or course projects). The Provider retains all rights in the underlying models, Software and Service workflows and does not assign any IP in those to you.
“Confidential Information” means information disclosed by one Party to the other that is marked confidential or would reasonably be considered confidential given the nature of the information and circumstances of disclosure.
Each Party shall (a) keep the other’s Confidential Information secret; (b) not disclose it to any third party other than to its personnel/sub-processors with a need to know and who are bound by confidentiality obligations; and (c) not use it for any purpose other than performing this Agreement.
Confidential Information does not include information that: (a) is or becomes public other than through breach; (b) was lawfully known to the recipient before disclosure; (c) is independently developed without use of the disclosing Party’s Confidential Information; or (d) is required to be disclosed by law, court or regulator (provided reasonable notice is given where lawful).
We warrant that we will perform the Services with reasonable skill and care in accordance with the Documentation and applicable laws.
You warrant that: (a) you have the rights and permissions required under Clause 7.3; (b) your use of the Services will comply with law and these Terms; and (c) Customer Data will not infringe third-party rights or contain harmful code.
Except as expressly stated:
(a) the Services, Software, Documentation, outputs and AI Courses (including AI Content) are provided “as is” and “as available”;
(b) we do not warrant that use of the Services will be uninterrupted or error-free, or that they will meet your requirements; and
(c) the Services and AI Courses are educational/informational only and not professional advice.
You shall defend, indemnify and hold harmless the Provider, its officers, directors and employees from and against any claim, loss, damage, liability, cost and expense (including reasonable legal fees) arising out of or relating to: (a) Customer Data (including third-party media and likeness) or your use of the Services; (b) your breach of law or these Terms; or (c) any allegation that your content infringes or misappropriates third-party rights.
The Provider will defend the Customer against third-party claims alleging that the Services (as provided by the Provider) infringe a UK or EU patent, copyright or trade mark, and will pay amounts finally awarded (or agreed in settlement) against the Customer, provided that the Customer: (a) promptly notifies the Provider; (b) grants the Provider sole control of defence and settlement; and (c) provides reasonable cooperation. The Provider may, at its option: (i) procure continued use; (ii) modify or replace the Services to avoid infringement; or (iii) terminate the affected Services and refund pre-paid Fees for the unused period.
The Provider has no liability for claims arising from: (a) modifications made by anyone other than the Provider; (b) combination with non-Provider products, services or data; (c) use contrary to the Documentation; or (d) use after notice of alleged infringement where a reasonable non-infringing alternative was offered.
To the maximum extent permitted by law, the Provider shall not be liable for: loss of profits; loss of revenue; loss of savings; loss or corruption of data; loss of goodwill; business interruption; or any indirect, special or consequential loss or damage, in each case however arising and whether in contract, tort (including negligence) or otherwise.
Subject to Clause 15.3, the Provider’s total aggregate liability arising out of or in connection with these Terms of Use (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall not exceed the total Fees paid by the Customer to the Provider in the 12-month period preceding the event giving rise to the liability.
Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot lawfully be excluded or limited.
You may cancel a monthly subscription at any time by contacting support. A two-month notice period applies; your subscription remains active during the notice period and will be billed accordingly. Payments are processed via Stripe (or another payment provider). Cancellations after the billing date do not entitle you to refunds for prior charges. Future payments cease after the notice period ends.
These Terms of Use commence on the Effective Date and continue unless terminated in accordance with this Clause.
Either Party may terminate these Terms for convenience by giving at least 60 days’ prior written notice to the other Party.
Either Party may terminate immediately on written notice if the other Party: (a) fails to pay undisputed Fees within 30 days of written notice of late payment; (b) commits a material breach which is not remediable or, if remediable, is not remedied within 14 days of written notice; (c) is unable to pay its debts as they fall due or becomes insolvent; or (d) ceases or threatens to cease business.
We may suspend the Services immediately (in whole or in part) if: (a) you are in material breach; (b) suspension is required to prevent harm, protect security or comply with law; or (c) payment is overdue.
Upon termination: (a) all rights and licences terminate; (b) each Party shall return or delete the other’s Confidential Information and property; (c) the Provider may delete Customer Data 30 days after the effective date of termination, unless, within that period, the Customer requests a copy of then-current backups (fees may apply). If the Customer terminates under Clauses 16.3 or 16.4 for the Provider’s uncured material breach, the Provider will refund any pre-paid Fees on a pro-rata basis for the unused period.
The Provider shall have no liability for any delay or failure to perform due to a Force Majeure Event, including strikes, lock-outs, failure of utilities or telecommunications, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, accident, fire, flood, storm or default of suppliers or sub-processors. If a Force Majeure Event continues for more than 45 consecutive days, either Party may terminate on written notice.
Notices must be in writing and delivered: (a) by hand; (b) by pre-paid recorded delivery post to the registered office (or principal place of business) of the recipient; or (c) by email to the addresses notified in the order or Specification Sheet. Notices are deemed received: (i) if delivered by hand, at the time of delivery; (ii) if posted, at 9am on the second Business Day after posting; and (iii) if by email, at the time of transmission (provided no bounceback is received).
Either Party may assign these Terms to an Affiliate upon prior written notice. Otherwise, neither Party may assign, transfer or novate these Terms without the other Party’s prior written consent (not to be unreasonably withheld). The Provider may subcontract aspects of the Services (including to sub-processors) and remains responsible for their performance.
We may make non-material updates to the Services and Documentation from time to time (e.g., usability, security or performance improvements). We may update these Terms of Use to reflect changes in law, regulation, or our Services. We will post updates on the Website and, where changes are material, provide reasonable advance notice. If you object to material changes that adversely affect your rights, you may terminate under Clause 16.3 (termination for convenience) during the notice period.
These Terms of Use (together with the Specification Sheet/Order and any policies expressly incorporated by reference, including the Privacy Policy) constitute the entire agreement between the Parties and supersede all prior agreements relating to their subject matter. In the event of conflict, the following order applies: (1) Specification Sheet/Order (only where it expressly varies these Terms); (2) these Terms of Use; (3) Documentation; (4) Privacy Policy.
A person who is not a Party has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
These Terms and any dispute or claim (including non-contractual disputes or claims) are governed by English law. The courts of England and Wales shall have exclusive jurisdiction.
We operate a zero-tolerance policy towards harmful content, including content that promotes violence, discrimination, harassment, exploitation, or explicit illegal material. Accounts engaging in such behaviour may be suspended or banned and offending content removed without notice.
For questions, complaints or rights notices (including copyright or privacy complaints), contact:
Email: privacy@immersive-fox.com
If you submit a copyright or rights notice, include: (a) your contact details; (b) identification of the content; (c) basis of your rights; (d) statement under penalty of perjury that the notice is accurate; and (e) your signature (physical or electronic). We may notify the uploader and provide an opportunity to respond.
You represent that you are not located in, under the control of, or a national/resident of any country subject to UK, EU or US embargo/sanctions, and you will not use the Services for any purpose prohibited by applicable export control or sanctions laws.
If any provision is held invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions remain in full force. A failure or delay to exercise any right or remedy does not constitute a waiver.
With your prior consent (not to be unreasonably withheld), we may use your name and logo in accordance with your brand guidelines to identify you as a customer in marketing materials and on the Website.
If you are a consumer (not a business user), you may have statutory rights that cannot be excluded under applicable law. Nothing in these Terms affects those rights. If there is a conflict between these Terms and mandatory consumer law protections, the latter prevail.