Terms of Service

Last updated: March 1, 2025

1. Introduction

1.1 Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the Neural Actors website, mobile applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you may not access or use our Services.

By creating an account, subscribing to our Services, or otherwise using our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms form a legally binding agreement between you and Neural Actors regarding your use of the Services.

If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

1.2 Definitions

Throughout these Terms, the following definitions apply:

  • "Account" means a registered user account that enables access to our Services.
  • "Content" means any text, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials you may view on, access through, or contribute to the Services.
  • "Generated Content" means videos, images, or other content created using our AI technology based on your inputs.
  • "User Content" means any Content that you submit, upload, or otherwise make available to the Services, including scripts, prompts, or other inputs used to generate content.
  • "Subscription" means a recurring payment plan that provides access to specific features of the Services.
  • "Trial" means a limited-time access to certain features of the Services without charge.
  • "We," "us," "our," and "Neural Actors" refer to Neural Actors, the provider of the Services.
  • "You" and "your" refer to the individual or entity using our Services.

1.3 Changes to Terms

We reserve the right to modify these Terms at any time at our sole discretion. If we make changes to these Terms, we will provide notice of such changes by updating the "Last Updated" date at the top of these Terms and by posting a notification within the Services, sending you an email, or by other means. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

We encourage you to review these Terms frequently to stay informed about our legal terms. If you do not agree with the revised Terms, you must stop using the Services. If you continue to use the Services after the revised Terms become effective, you will be deemed to have accepted the revised Terms.

For material changes to these Terms or in how we use your personal data, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

2. Account Terms

2.1 Account Registration

To access certain features of the Services, you must register for an account. When you register, you will be required to provide accurate, current, and complete information about yourself as prompted by our registration form. This information may include your email address and other contact details.

You must be at least 18 years of age or the age of legal majority in your jurisdiction (whichever is greater) to register for an account. By registering, you represent and warrant that you meet this age requirement.

You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to refuse registration, cancel accounts, or remove or edit content at our sole discretion. We may suspend or terminate your account in accordance with Section 8 (Term and Termination) of these Terms.

2.2 Account Responsibilities

You are solely responsible for all activity that occurs under your account. You agree to:

  • Provide accurate, current, and complete information when creating your account;
  • Maintain and promptly update your account information to keep it accurate, current, and complete;
  • Keep your account credentials secure and confidential;
  • Immediately notify us of any unauthorized use of your account or any other breach of security;
  • Accept responsibility for all activities that occur under your account; and
  • Ensure that you exit from your account at the end of each session when accessing the Services on a shared computer or public device.

You may not transfer, sell, or assign your account to any third party. Any attempt to do so will be considered a violation of these Terms.

You acknowledge that Neural Actors is not responsible for third-party access to your account that results from theft or misappropriation of your account credentials.

2.3 Account Security

The security of your account relies on your protection of your password and email verification codes. You are responsible for maintaining the security of your account credentials and for any activities or actions under your account.

We use email verification codes as part of our security measures. These codes are sent to your registered email address and must be entered to verify certain actions, such as logging in from a new device or making significant account changes. You must keep these verification codes confidential and not share them with anyone.

We implement reasonable security measures to protect your account information. However, we cannot guarantee absolute security. You acknowledge that:

  • The internet is not a completely secure environment;
  • There is no absolute guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards;
  • Email and other communications with us may not be secure; and
  • You are responsible for maintaining the security and confidentiality of your account credentials.

If you become aware of any unauthorized use of your account or any other security breach, you must notify us immediately at hello@neuralactors.com.

3. Subscription and Billing

3.1 Subscription Plans

Neural Actors offers various subscription plans that provide access to different features and capabilities of our Services. The details of each subscription plan, including pricing, features, and limitations, are described on our pricing page at neuralactors.com/pricing.

Each subscription plan includes a specific allocation of video minutes per month. A "video minute" refers to the duration of the final generated video content. Unused video minutes do not roll over to the next billing cycle unless explicitly stated in your subscription plan.

We reserve the right to modify, terminate, or otherwise amend our subscription plans at any time. If we make material changes to existing subscription plans, we will provide notice to affected subscribers as described in Section 1.3 (Changes to Terms).

By subscribing to a plan, you acknowledge that you have reviewed and understand the features, limitations, and pricing of your selected subscription plan.

3.2 Free Trial

We may offer a free trial period for certain subscription plans. The specific duration and features of any free trial will be described at the time you sign up. Unless otherwise stated, free trials are limited to new users who have not previously subscribed to our Services.

During the free trial period, you will have limited access to certain features of our Services, as specified at the time of registration. Free trial users may be limited to a specific number of video generations, and generated videos may include watermarks or other limitations.

You may be required to provide payment information to start a free trial. By providing payment information, you authorize us to automatically begin charging you for a subscription at the then-current rate upon expiration of the free trial period unless you cancel your subscription before the end of the free trial period.

We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion. We may limit eligibility for free trials to prevent abuse and may revoke a free trial if we determine that you are not eligible.

If you do not want to be charged after your free trial, you must cancel your subscription before the end of the free trial period. You can cancel your subscription at any time as described in Section 3.4 (Subscription Changes and Cancellation).

3.3 Billing and Payments

By subscribing to a paid plan, you agree to pay all fees associated with your subscription. All fees are in U.S. dollars and are exclusive of any applicable taxes unless otherwise stated.

Subscription fees are billed in advance on a recurring basis, depending on the billing cycle you select (e.g., monthly or annually). You authorize us to charge your designated payment method for all fees incurred in connection with your account.

If your payment cannot be completed for any reason, including expiration of your payment method, insufficient funds, or otherwise, we may suspend or terminate your access to the Services until payment is received. For failed or declined payments, we may reattempt to process your payment after updating your payment information.

We use third-party payment processors to process payments. Your use of these payment services may be subject to additional terms and conditions and privacy policies of those third-party providers.

Prices and availability of any features are subject to change at any time. We will provide notice of any price changes as described in Section 1.3 (Changes to Terms).

Unless otherwise required by law, payments are non-refundable and there are no refunds or credits for partially used periods. However, we may approve a refund in certain circumstances at our sole discretion.

3.4 Subscription Changes and Cancellation

You may change your subscription plan at any time by accessing your account settings or contacting our customer support. If you upgrade to a higher-tier plan, the change will take effect immediately, and you will be charged a prorated amount for the remainder of your current billing cycle. If you downgrade to a lower-tier plan, the change will take effect at the start of your next billing cycle.

You may cancel your subscription at any time through your account settings or by contacting our customer support. If you cancel your subscription, you will continue to have access to the Services until the end of your current billing period, after which your access will be downgraded to the free tier or terminated, depending on the available options at that time.

Cancellation will take effect at the end of your current billing cycle, and you will not receive a refund for any fees already paid. Upon cancellation:

  • You will continue to have access to your subscription benefits until the end of your current billing period;
  • Your subscription will not renew after your current billing period ends;
  • You will not be charged for any future billing periods; and
  • Any unused video minutes or other subscription benefits will expire at the end of your current billing period.

We reserve the right to modify, suspend, or discontinue any aspect of our subscription plans at any time. If we discontinue a subscription plan, we will provide affected subscribers with advance notice and, where appropriate, offer a comparable replacement plan or a prorated refund.

If you have questions about your subscription, billing, or cancellation, please contact us at hello@neuralactors.com.

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Services, including all content, features, and functionality thereof, are owned by Neural Actors, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our intellectual property includes, but is not limited to:

  • The Neural Actors name, logo, and all related names, logos, product and service names, designs, and slogans;
  • The software, code, algorithms, and AI models that power our Services;
  • The visual interfaces, graphics, design, compilation, information, data, computer code, products, software, services, and all other elements of the Services; and
  • The AI actors, templates, and pre-designed elements available through the Services.

Nothing in these Terms grants you a right to use any of Neural Actors' names, logos, domain names, or other distinctive brand features without our prior written consent. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, rent, lease, loan, or distribute any material from our Services without our express prior written permission, except as expressly set out in these Terms.

4.2 Generated Content Ownership

Subject to your compliance with these Terms, including payment of all applicable fees, Neural Actors grants you ownership rights to the specific output videos and other content generated through your use of the Services ("Generated Content"), with the following conditions and limitations:

  • Generated Content created during a free trial or using a free tier of the Services may include watermarks or other branding elements that may not be removed;
  • Generated Content created with a paid subscription is provided without watermarks, subject to the terms of your specific subscription plan;
  • Your ownership rights apply only to the specific Generated Content and do not extend to the underlying AI models, algorithms, templates, or other technology used to create the Generated Content;
  • Neural Actors retains all rights to the technology, processes, and methods used to generate the content; and
  • Your ownership and usage rights are subject to the restrictions outlined in Section 4.4 (Content Restrictions) and Section 5 (Acceptable Use).

You acknowledge that the AI actors, templates, and other pre-designed elements available through the Services remain the intellectual property of Neural Actors, and your ownership rights extend only to the specific Generated Content created using these elements, not to the elements themselves.

Neural Actors makes no representations or warranties about the suitability of Generated Content for any purpose, including commercial use, and you are solely responsible for ensuring that your use of Generated Content complies with all applicable laws and regulations.

4.3 License to Use Generated Content

While you retain ownership of your Generated Content as described in Section 4.2, you grant Neural Actors a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, and perform the Generated Content for the following limited purposes:

  • Operating, maintaining, and improving the Services;
  • Developing and training our AI models and algorithms;
  • Analyzing usage patterns and user behavior to enhance user experience;
  • Enforcing our Terms and policies;
  • Protecting the rights, property, or safety of Neural Actors, its users, or the public; and
  • Complying with applicable laws, regulations, or legal processes.

This license does not grant Neural Actors the right to sell your Generated Content to third parties or to use your Generated Content for marketing purposes without your explicit consent.

You understand and agree that Neural Actors may need to make changes to your Generated Content to comply with technical requirements, legal or regulatory obligations, or to address potential legal issues.

This license survives termination of your account or these Terms, solely for the purpose of allowing Neural Actors to maintain the integrity of the Services and to comply with legal obligations.

4.4 Content Restrictions

Your ownership and use of Generated Content are subject to the following restrictions:

  • You may not use Generated Content to infringe upon or violate the intellectual property rights or other rights of any third party;
  • You may not use Generated Content to create, promote, or distribute false, misleading, or deceptive information;
  • You may not use Generated Content to impersonate another person or entity without their consent, or to misrepresent your affiliation with a person or entity;
  • You may not use Generated Content to create, promote, or distribute content that is defamatory, obscene, pornographic, vulgar, offensive, fraudulent, or otherwise objectionable;
  • You may not use Generated Content to engage in, promote, or encourage illegal activity;
  • You may not use Generated Content to exploit or harm minors in any way;
  • You may not use Generated Content to discriminate against or harass any individual or group;
  • You may not use Generated Content to promote violence or hatred against any individual or group; and
  • You may not use Generated Content in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services.

Neural Actors reserves the right to remove or disable access to any Generated Content that violates these restrictions or that we reasonably believe may give rise to liability or violate any law or regulation.

You acknowledge that Neural Actors has no obligation to monitor the Generated Content you create, but we may do so to ensure compliance with these Terms, to comply with applicable law, or to respond to lawful requests by public authorities.

If you become aware of any Generated Content that violates these Terms, please report it to us at hello@neuralactors.com.

5. Acceptable Use

5.1 Prohibited Uses

You agree not to use the Services in any way that:

  • Violates any applicable law, regulation, or legal right of any person or entity;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardizes the security of your account or anyone else's account (such as allowing someone else to log in to the Services as you);
  • Attempts to obtain the password, account, or other security information from any other user;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs mail lists, listservs, or any form of auto-responder or "spam" on the Services;
  • Uses the Services to store or transmit viruses, worms, time bombs, Trojan horses, or other harmful or malicious code, files, scripts, agents, or programs;
  • Attempts to circumvent any technological measure implemented by Neural Actors or any of our providers or any other third party to protect the Services;
  • Advocates for or encourages any illegal activity;
  • Infringes upon or violates the intellectual property rights or other rights of any person or entity;
  • Creates, generates, or uses the Services to create deepfakes or other synthetic media that impersonates real individuals without their consent;
  • Impersonates or misrepresents your affiliation with any person or entity;
  • Engages in any automated use of the Services, such as using scripts to send comments or messages;
  • Interferes with, disrupts, or creates an undue burden on the Services or the networks or services connected to the Services;
  • Attempts to bypass any restrictions on access to certain features or capabilities of the Services; or
  • Uses the Services in a manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services.

Violation of these prohibitions may result in termination of your access to the Services and may subject you to liability for any resulting harm.

5.2 Content Guidelines

You agree not to use the Services to create, upload, post, send, or store content that:

  • Depicts, promotes, or incites violence, terrorism, illegal acts, or hatred on the basis of race, ethnicity, gender, gender identity, religion, sexual orientation, disability, or any other protected characteristic;
  • Contains sexually explicit or pornographic material;
  • Promotes or depicts self-harm, suicide, or eating disorders;
  • Contains false, misleading, or deceptive information that could cause harm to others;
  • Infringes on the intellectual property rights of others, including copyright, trademark, patent, trade secret, moral rights, or other proprietary rights;
  • Violates or infringes upon the publicity, privacy, or data protection rights of others;
  • Contains private or confidential information about other individuals without their permission;
  • Contains malicious code, viruses, or harmful data;
  • Constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation;
  • Impersonates any person or entity, including Neural Actors employees or representatives;
  • Manipulates identifiers to disguise the origin of any content;
  • Interferes with or disrupts the Services or servers or networks connected to the Services; or
  • Circumvents, disables, or otherwise interferes with security-related features of the Services.

Neural Actors reserves the right, but is not obligated, to monitor and review all content submitted to or generated through the Services. We may remove or refuse to display content that we believe violates these guidelines or our Terms.

We encourage users to report content that they believe violates these guidelines by contacting us at hello@neuralactors.com.

5.3 Compliance with Laws

You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and legal requirements in your jurisdiction. This includes, but is not limited to:

  • Data protection and privacy laws;
  • Intellectual property laws;
  • Consumer protection laws;
  • Laws regarding defamation, harassment, and discrimination;
  • Laws regarding the use of artificial intelligence and synthetic media;
  • Export control and sanctions regulations; and
  • Tax laws and regulations.

Neural Actors is based in Delaware, United States, and our Services are primarily operated from the United States. If you access our Services from outside the United States, you are responsible for complying with both U.S. laws and the laws of your own country.

You acknowledge that the use of AI-generated content may be subject to emerging regulations in various jurisdictions. Some jurisdictions may require disclosure when AI-generated content is used in certain contexts, such as political advertising or commercial endorsements. You are responsible for understanding and complying with any such requirements applicable to your use of Generated Content.

If you believe that any content on our Services violates applicable laws or regulations, please report it to us at hello@neuralactors.com.

6. User Content

6.1 User Content Representations

When you submit, upload, or otherwise make available any content to the Services, including scripts, prompts, or other inputs used to generate content ("User Content"), you represent and warrant that:

  • You are the creator and owner of the User Content or have the necessary licenses, rights, consents, and permissions to authorize Neural Actors and other users of the Services to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms and in the manner contemplated by Neural Actors and these Terms;
  • Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; or (iii) violate any applicable law or regulation;
  • Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code;
  • Your User Content complies with the Content Guidelines outlined in Section 5.2 of these Terms; and
  • You have the legal right to submit the User Content and that doing so does not violate any contractual or legal obligations you may have toward any third party.

You acknowledge that any breach of these representations may cause Neural Actors to incur substantial liability. You agree to indemnify and hold harmless Neural Actors from and against any claims, suits, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising out of or related to your User Content.

6.2 License to User Content

By submitting User Content to the Services, you grant Neural Actors a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with operating and providing the Services. This license is for the following purposes:

  • Operating, maintaining, and improving the Services;
  • Generating content based on your inputs;
  • Developing and training our AI models and algorithms;
  • Analyzing usage patterns and user behavior to enhance user experience;
  • Enforcing our Terms and policies;
  • Protecting the rights, property, or safety of Neural Actors, its users, or the public; and
  • Complying with applicable laws, regulations, or legal processes.

You understand and acknowledge that the nature of AI technology requires us to process and analyze your User Content to provide the Services. This may include using your User Content to train and improve our AI models.

You acknowledge and agree that Neural Actors may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws, or government requests; (ii) enforce these Terms; (iii) respond to claims that any User Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Neural Actors, its users, or the public.

This license survives termination of your account or these Terms, solely for the purpose of allowing Neural Actors to maintain the integrity of the Services and to comply with legal obligations.

6.3 Content Monitoring

Neural Actors does not control and does not have any obligation to monitor User Content that you or other users submit, post, transmit, or otherwise make available on the Services. However, we reserve the right to:

  • Review, screen, and monitor User Content at any time and for any reason;
  • Edit, remove, or refuse to post any User Content for any reason;
  • Implement automated systems and algorithms to detect and filter inappropriate or potentially harmful content; and
  • Take any action with respect to User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Neural Actors.

We may implement technical measures to detect and prevent the use of the Services to create content that violates these Terms or applicable laws. These measures may include, but are not limited to:

  • Content filters that screen User Content for prohibited material;
  • Input validation to prevent malicious or harmful prompts;
  • Rate limiting to prevent abuse of the Services; and
  • Automated review of Generated Content for compliance with our policies.

You acknowledge that these monitoring systems are not perfect and may occasionally fail to detect prohibited content or may incorrectly flag permissible content. If you believe that content has been incorrectly flagged or that prohibited content has not been detected, please report it to us at hello@neuralactors.com.

Neural Actors assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

7. Disclaimers and Limitations

7.1 Service Warranty Disclaimer

THE SERVICES ARE 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. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

NEURAL ACTORS DOES NOT WARRANT THAT: (I) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

NEURAL ACTORS SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO:

  • ANY ACTIONS RESULTING FROM YOUR USE OF THE SERVICES;
  • THE QUALITY, ACCURACY, OR RELIABILITY OF THE GENERATED CONTENT;
  • THE APPROPRIATENESS OF THE GENERATED CONTENT FOR ANY PURPOSE;
  • ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE GENERATED CONTENT;
  • ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE GENERATED CONTENT;
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND
  • ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

YOU UNDERSTAND AND AGREE THAT THE SERVICES UTILIZE ARTIFICIAL INTELLIGENCE TECHNOLOGY THAT IS UNDER CONTINUOUS DEVELOPMENT AND THAT THE QUALITY, ACCURACY, AND RELIABILITY OF THE GENERATED CONTENT MAY VARY. THE GENERATED CONTENT MAY CONTAIN ERRORS, INACCURACIES, OR MATERIAL THAT VIOLATES THIRD-PARTY RIGHTS DESPITE OUR REASONABLE EFFORTS TO PREVENT SUCH ISSUES.

NEURAL ACTORS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEURAL ACTORS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

7.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEURAL ACTORS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING WITHOUT LIMITATION:

  • ANY USE OR MISUSE OF THE SERVICES;
  • ANY INABILITY TO USE THE SERVICES;
  • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES;
  • ANY CLAIMS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES OR GENERATED CONTENT;
  • ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US;
  • ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; OR
  • ANY OTHER MATTER RELATING TO THE SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEURAL ACTORS' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NEURAL ACTORS FOR THE SERVICES DURING THE TERM OF YOUR USE OF THE SERVICES, BUT IN NO CASE WILL NEURAL ACTORS' LIABILITY TO YOU EXCEED $100.

YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO NEURAL ACTORS FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM NEURAL ACTORS, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

7.3 Indemnification

You agree to defend, indemnify, and hold harmless Neural Actors, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms;
  • Your User Content;
  • Your use of the Generated Content;
  • Your use of the Services, including, but not limited to, any use of the Services' content, services, and products other than as expressly authorized in these Terms;
  • Your use of any information obtained from the Services;
  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or
  • Any claim that your User Content or use of the Generated Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Services. Neural Actors reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

You agree not to settle any matter without the prior written consent of Neural Actors. Neural Actors will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

8. Term and Termination

8.1 Term

These Terms will remain in full force and effect while you use the Services or maintain an account with us. The agreement formed by your acceptance of these Terms commences on the date you first access or use the Services and continues until terminated in accordance with these Terms.

For users with a subscription, the term of your subscription will be as specified at the time of purchase and will automatically renew for successive periods of the same duration as the initial term unless you cancel your subscription in accordance with Section 3.4 (Subscription Changes and Cancellation).

8.2 Termination by You

You may terminate your account and these Terms at any time by:

  • Canceling your subscription through your account settings or by contacting our customer support;
  • Deleting your account through your account settings (if available); or
  • Contacting us at hello@neuralactors.com with a request to delete your account.

If you terminate your account while you have an active subscription, your subscription will continue until the end of your current billing period, and you will not receive a refund for any fees already paid. After the end of your current billing period, your account will be closed, and you will no longer have access to the Services.

Termination of your account does not relieve you of any obligation to pay any outstanding fees or charges that accrued prior to termination.

8.3 Termination by Us

Neural Actors may terminate or suspend your account and these Terms at any time, with or without notice and for any reason, including, but not limited to:

  • Your breach or violation of these Terms or any other agreement with us;
  • Your violation of applicable laws or regulations;
  • Your use of the Services in a manner that could cause legal liability for you, other users, or Neural Actors;
  • Your use of the Services in a manner that we believe is harmful to other users, the business of Neural Actors, or third-party service providers;
  • Your account has been inactive for an extended period;
  • We are unable to verify or authenticate any information you provide to us;
  • We believe your actions are inconsistent with the spirit or purpose of the Services;
  • We believe your use of the Services may create risk or legal exposure for Neural Actors; or
  • For any other reason in our sole discretion.

We may also terminate or suspend your access to the Services if you fail to pay any fees when due. If your account is terminated or suspended for failure to pay, you may be required to pay all past due amounts before you can regain access to the Services.

If we terminate or suspend your account for any reason, we will not be liable to you or any third party for any loss or damage that may result from the termination or suspension of your access to the Services, including the loss of any Generated Content or other data.

8.4 Effect of Termination

Upon termination of your account and these Terms for any reason:

  • Your right to access and use the Services will immediately cease;
  • Neural Actors may, but is not obligated to, delete any of your User Content or other data stored in your account;
  • Any outstanding payment obligations you have to Neural Actors will become immediately due and payable;
  • Any rights you have to access or use Generated Content may be revoked if you have violated these Terms; and
  • Neural Actors may, but is not obligated to, retain your account information and User Content to comply with its legal obligations, resolve disputes, and enforce its agreements.

The following provisions of these Terms will survive termination:

  • Section 4 (Intellectual Property Rights), to the extent specified therein;
  • Section 6.2 (License to User Content), to the extent specified therein;
  • Section 7 (Disclaimers and Limitations);
  • Section 9 (Dispute Resolution);
  • Section 10 (General Provisions); and
  • Any other provisions that, by their nature, should survive termination.

If your account is terminated, you may not create a new account without our express written permission. If you attempt to create a new account without our permission, we may terminate the new account immediately and without notice.

9. Dispute Resolution

9.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

9.2 Arbitration

At Neural Actors' sole discretion, it may require you to submit any disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

Any arbitration shall take place in Wilmington, Delaware, unless both parties agree otherwise in writing. The language of the arbitration shall be English. The number of arbitrators shall be one. The arbitration award shall be final and binding on the parties and its execution may be presented in any competent court, including any court having jurisdiction over either party or any of its property.

Each party shall bear its own costs in any arbitration proceeding, except that the arbitrator may, in their discretion, award reasonable attorneys' fees and expenses to the prevailing party.

BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing, each party shall have the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

9.3 Class Action Waiver

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

You may not join or consolidate claims with claims of any other person or entity, and there shall be no authority for any dispute to be arbitrated on a class-action basis. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Some jurisdictions do not allow the limitations on class actions. In such jurisdictions, the above limitations on class actions will not apply to you, but the remainder of this Section 9 will remain applicable and enforceable.

This class action waiver is an essential part of our Terms and cannot be severed. If for any reason the class action waiver is found to be invalid or unenforceable, the arbitration agreement in Section 9.2 will be null and void, as it is our intent that arbitration not be conducted on a class basis.

10. General Provisions

10.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between Neural Actors and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Neural Actors and you regarding the Services.

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Neural Actors' prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. Neural Actors may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

10.2 Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provision shall be deleted without affecting the remaining provisions herein.

In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties. The remaining portions will remain in full force and effect.

Any failure by Neural Actors to enforce any provision of these Terms shall not constitute a waiver of that provision nor any other provision of these Terms.

10.3 Assignment

You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction or notification to you.

Any attempted assignment, transfer, or sublicense by you without Neural Actors' prior written consent shall be null and void. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

In the event of a corporate merger, acquisition, reorganization, sale of all or substantially all assets, or similar transaction involving Neural Actors, we may transfer or assign these Terms and our rights and obligations hereunder to the successor entity without your consent.

10.4 Contact Information

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

  • Email: hello@neuralactors.com

For legal notices, please send correspondence to hello@neuralactors.com.

We will make every effort to respond to your inquiry in a timely manner. Please note that communications made through the Services' email and messaging systems do not constitute legal notice to Neural Actors or any of its officers, employees, agents, or representatives.