Terms of Service

The short version. You must be 18 or older. Characters must be fictional, and you need permission from anyone who appears in footage you upload. Creating content uses credits; credits have no cash value. Everything you make belongs to a workspace, and you can share workspaces with people you invite. Credits belong to a workspace, except a plan’s monthly credits, which the subscriber can let the workspaces they own use. You own what you make, we don’t train AI models on it, and generated videos stay labeled as AI. You can post to TikTok, Instagram and YouTube from the app, but only when you choose to. Don’t use Razzmatazz to deceive, sexualize, harass or impersonate anyone. US disputes go to individual arbitration unless you opt out within 30 days. This summary helps you find your way around; it isn’t a substitute for the full terms below.

PLEASE READ THESE TERMS CAREFULLY. SECTION 23 CONTAINS AN ARBITRATION AGREEMENT AND A CLASS ACTION AND JURY TRIAL WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED IF YOU LIVE IN THE UNITED STATES. YOU CAN OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 23.

1. Agreement to these terms

These Terms of Service (“Terms”) are a legal agreement between you and Razzmatazz (“Razzmatazz,” “we,” “us” or “our”). They govern your use of the Razzmatazz mobile apps, the razzmatazz.ai website and every related feature, content and service we provide (together, the “Service”).

By creating an account, tapping a button that accepts these Terms, or using the Service, you agree to these Terms, our Privacy Policy and the rules in Section 12 (Acceptable use), which are part of these Terms. If you don’t agree, don’t use the Service.

If you use the Service for a business or other organization, you confirm you’re authorized to accept these Terms for it, and “you” includes that organization.

2. Who can use Razzmatazz

To use the Service you must:

• be at least 18 years old and old enough to form a binding contract where you live;
• not be barred from using the Service under the laws of the United States or any other applicable country, and not be on a US government list of prohibited or restricted parties;
• not have had an account suspended or terminated by us for breaking these Terms, unless we’ve told you in writing that you may come back; and
• follow all laws that apply to you.

The Service is not directed to anyone under 18. We confirm your age when you create an account, using the age range your device or app store shares with us or, if it doesn’t, the birthday you give us. If the check or anything else shows that a user is under 18, we will close the account and delete its information.

3. Your account

You may keep one personal account. You sign in with Apple, with Google or with a one-time code sent to your email. Give us accurate information and keep it current.

You’re responsible for everything that happens under your account and for keeping your sign-in methods secure. Don’t share your sign-in, sell your account, or let anyone else use it; to work with other people, invite them to a workspace instead. Tell us right away at support@razzmatazz.ai if you think someone has accessed your account without permission.

Workspaces

Everything you make in Razzmatazz belongs to a workspace. Every account has a private Personal workspace that only you can use.

With a Pro or Ultra plan you can create shared workspaces, up to the number your plan includes, and invite people to them by email, up to the number of people your plan allows in each (open invitations count). Anyone with an account can join a workspace they’re invited to. Each member has a role:

• the owner created the workspace and can do everything, including changing roles and deleting it;
• admins can rename the workspace and invite or remove members; and
• members can create content and add credits.

Everyone in a workspace can see and use everything in it, including its content and credits. You’re responsible for what you add to a workspace and for who you invite to yours. If you leave a workspace or are removed from it, you lose access to it, and what you added stays in the workspace.

If the owner deletes a workspace, or deletes their account, the workspace and everything in it, including its credits, are deleted for everyone.

A shared workspace is locked for everyone in it:

• when the owner’s plan ends, until they subscribe again;
• when the owner’s plan no longer includes it, for example after changing to a plan with fewer workspaces, until they upgrade or delete another workspace. The owner can choose, once after each such change, which workspaces stay unlocked; until they do, the oldest ones stay unlocked; and
• when it has more people than the owner’s plan allows, until enough people leave or are removed.

Nothing in a locked workspace is deleted while it’s locked. Members can still leave it, and the owner can still delete it.

4. Your license to use Razzmatazz

Subject to these Terms, we give you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable license to install and use our apps on devices you own or control, and to use the Service, for your own lawful purposes. We and our licensors reserve every right not expressly granted in these Terms.

You must not, and must not help anyone else to:

• copy, modify, distribute, sell, rent, lease or sublicense any part of the Service, or resell access to it;
• reverse engineer, decompile, disassemble or try to extract source code, model weights, prompts, system instructions or other non-public parts of the Service, except where the law expressly allows it despite this restriction;
• access the Service by automated means (bots, scrapers, crawlers or scripts) or through any interface we don’t provide, or collect data from it;
• get around or interfere with credit balances, prices, usage limits, rate limits, content filters, moderation, AI labels, watermarks, provenance metadata, or any security or access control;
• use the Service, or anything it produces, to develop, train or improve any AI model or product that competes with the Service;
• probe, scan or test the vulnerability of the Service, or disrupt, overload or impair it (including by introducing malware);
• create multiple accounts to get extra free credits or to avoid limits or enforcement; or
• use the Service in any way that breaks these Terms or the law.

5. Credits and payments

How credits work

Creating content with the Service uses credits. Credits belong to a workspace: any member can use a workspace’s credits and add more to it. The credits included in a subscription (“plan credits”) are the exception: they belong to the subscriber and can be used in their Personal workspace and in any shared workspace they own where they choose to allow it, by anyone in that workspace. Plan credits can’t be used in a workspace someone else owns. Where a workspace can use plan credits, a job uses them before the workspace’s own credits.

Before you start a job, the app shows how many credits it will use. When you start the job we reserve (“hold”) those credits; when the job finishes successfully, the held credits are used. If a job fails, the held credits are returned automatically, except plan credits from a billing period that has since ended, which have expired.

Getting credits

You can get credits by buying a subscription that includes a monthly credit allowance, by buying a one-time credit pack (“top-up”), or through promotions we offer. Depending on your device and location, purchases are made through the Apple App Store, Google Play or our website (paid through our payment processor, Stripe).

What credits are

Credits are a limited, revocable license to use features of the Service. They are not money, property, a deposit, a gift card or a stored-value instrument. Credits:

• have no cash value and can’t be exchanged for cash, refunded or redeemed for anything other than use of the Service, except where the law requires otherwise;
• can’t be sold, transferred or gifted, or moved to another account or workspace once added; and
• are used in the order that makes the most sense for you: credits that expire sooner are used first.

When credits expire

Credits included in a subscription are issued monthly, including on yearly plans, where a new month’s credits are issued on the same day each month. They expire at the end of the month they were issued for and don’t roll over, and any that are left expire when the subscription ends. If you upgrade to a plan with more monthly credits, the difference is added right away, and all your plan credits then expire at the end of the new plan’s first month. A free trial includes the number of credits shown before you start it, which expire when the trial ends. Credits from a top-up pack don’t expire while your account is open. Promotional credits expire when the promotion says they do. All unused credits in a workspace end when the workspace is deleted, and credits in your Personal workspace and the workspaces you own end when your account is closed for any reason, including when you delete it.

Prices and credit costs

Prices are shown before you buy and may vary by location and store. We may change prices, and the number of credits a feature uses, in the future. A change never affects a purchase you’ve already made or a job you’ve already started, and the cost shown before you start a job is what that job will use. Subscription price changes are covered in Section 6.

Errors, fraud and chargebacks

If we credit your account by mistake, or if a purchase is reversed, refunded or charged back, we may remove the matching credits, even if that makes your balance negative, and we may limit your account until the balance is settled. We may void credits obtained through fraud, abuse, a bug, or a breach of these Terms.

Taxes

Prices may or may not include taxes depending on where you are and how you buy. You’re responsible for any taxes that apply to your purchases, other than taxes on our income. Where we or a store are required to collect taxes, they’ll be added at checkout.

Purchases through app stores

Purchases made through the Apple App Store or Google Play are also governed by that store’s terms, and that store processes the payment, handles billing and decides refund requests for those purchases.

6. Subscriptions and automatic renewal

Subscriptions renew automatically. When you buy a subscription, you agree that it will renew at the end of each billing period (monthly or yearly) and that you will be charged the then-current subscription price, plus any applicable tax, using your payment method on file at the start of each new period, until you cancel. The price, billing period and included credits are shown to you, and you agree to the automatic renewal as a separate step, before you buy. We, or the store you bought through, will send you a confirmation that includes these terms and how to cancel.

How to cancel. You can cancel at any time, and cancellation takes effect at the end of the current billing period. You keep your subscription benefits until then.

• Apple App Store: Settings on your iPhone, then your name, then Subscriptions. Cancel at least 24 hours before the renewal date to avoid being charged for the next period.
• Google Play: the Play Store app, then your profile, then Payments and subscriptions, then Subscriptions. Cancel before the renewal date to avoid being charged for the next period.
• Our website: in the app, go to You, then your plan, then Manage subscription, or use the link in your receipt email. You can also email support@razzmatazz.ai and we’ll cancel for you.

Changing plans. Changing to a plan with more monthly credits is an upgrade and takes effect right away; the store you bought through refunds or credits the unused part of your previous plan under its own rules. Changing to a plan with fewer monthly credits, or between monthly and yearly billing for the same plan, takes effect at the end of the current billing period.

Plan features. Some features come with a plan. Posting to connected accounts from the app, and seeing your posts’ stats, come with Pro and Ultra. In story videos, the AI choosing a voice for you comes with Pro and Ultra, and the AI Composer, which gives the people quoted in a story voices of their own, comes with Ultra. You can use the features of your own plan in every workspace you’re in, and in a shared workspace, also those of its owner’s plan. When a plan ends or changes, the features it included stop being available for new jobs; jobs already started finish.

Deleting the app doesn’t cancel a subscription. Deleting your Razzmatazz account cancels subscriptions bought on our website, but it does not cancel subscriptions bought through the Apple App Store or Google Play; cancel those in the store first.

Price changes. We’ll tell you about any increase in a subscription price in advance, by email or in the app, and at least as far in advance as the law and the relevant store require. If you don’t want to pay the new price, cancel before it takes effect. Where the law or the store requires your consent to a new price, we’ll ask for it, and if you don’t consent your subscription will end at the end of the current period.

Free trials and introductory offers. If we offer a free trial or introductory price, we’ll show its length, what you’ll be charged when it ends and when that charge happens, before you start it. Unless you cancel before the trial or offer ends, your subscription will convert to a paid subscription at the regular price. Each person can get a free trial once.

Reminders. Where the law requires it, we’ll send renewal reminders that describe your subscription, what you’ll be charged and how to cancel.

7. Refunds and your right to cancel

Except as stated in these Terms or required by law, payments are non-refundable and we don’t give refunds or credits for partial billing periods or unused credits. Refunds for App Store and Google Play purchases are handled by Apple and Google under their policies. For purchases made on our website, contact support@razzmatazz.ai.

If you’re a consumer in the European Union, the European Economic Area, the United Kingdom or Switzerland, you generally have the right to withdraw from a purchase within 14 days without giving a reason. Credits and subscription credits are digital content and services that we supply right away. When you buy, you’ll be asked to agree that we start supplying them immediately and to acknowledge that, as a result, you lose your right of withdrawal once supply has begun (for credits, once you use any of them). If you withdraw from a subscription within 14 days after asking us to start it right away, we may charge you a proportionate amount for the service provided up to the time you withdraw. Nothing in these Terms affects your statutory rights for digital content that is faulty or not as described.

8. Your content

What counts as your content

“Your Content” means everything you put into the Service: photos, videos, audio, text, prompts, scripts, stories and character details. It also includes Outputs (Section 9).

You keep your rights

As between you and us, you keep all rights you have in Your Content. We don’t claim ownership of it.

The license you give us

You grant us a worldwide, non-exclusive, royalty-free license, which we may sublicense to our service providers, including the AI model providers that generate your content, to host, store, copy, process, transmit, adapt, modify (for example, to change format or size) and display Your Content, and to create Outputs from it, only as needed to:

• provide the Service to you, including to create the content you ask for and show it back to you;
• publish Your Content to the social media accounts you connect, only when and how you tell us to;
• keep the Service safe and secure, including moderating content and investigating reports; and
• comply with the law and enforce these Terms.

When you add content to a workspace you share, the other members of that workspace can view, use, download and post it.

This license ends when you delete Your Content or your account, except for copies kept in backups for the limited time described in our Privacy Policy, content we need to keep to meet a legal obligation, resolve a dispute or preserve evidence of a violation, and anything you already shared outside the Service.

We don’t train on your content

We don’t use Your Content (including your uploads, prompts, characters and Outputs) to train AI models. The AI model providers that generate your content process what we send them under their own terms, as our Privacy Policy explains. Wherever a provider lets us turn off storage or training, we do.

Your responsibilities

You’re responsible for Your Content and for what you do with it. You promise that:

• you own Your Content or have all the rights, licenses, consents and releases needed to upload it and to let us use it as these Terms describe;
• Your Content, and our use of it under these Terms, won’t infringe or violate anyone’s copyright, trademark, privacy, publicity or other rights, or break any law; and
• you have the permission described in Section 11 for every identifiable person who appears in media you upload.

9. Outputs

“Outputs” are the images, videos, audio, captions, character sheets and other content the Service generates for you.

As between you and us, and to the extent we have any rights in an Output, we assign those rights to you, subject to your compliance with these Terms. You may use your Outputs for any lawful purpose, including commercially, as long as you follow these Terms (including keeping the AI labels described in Section 13).

Please understand that:

• AI-generated material may not be protected by copyright in some countries, and we don’t promise that any Output is protectable;
• because of how AI works, the Service may generate Outputs for other users that are the same as or similar to yours, and your rights don’t extend to other users’ Outputs;
• Outputs can be inaccurate, unexpected or unsuitable, and you should review them before relying on or posting them; and
• you’re responsible for making sure your Outputs, and how you use them, don’t infringe anyone’s rights or break any law or platform rule.

We keep the rights described in Section 8 to process Outputs in order to provide and protect the Service.

10. Characters

Characters you create must be fictional. You must not create a character that is based on, or is designed or likely to be taken for, a real, identifiable person. This includes celebrities, public figures, politicians, influencers, private individuals, people you know, deceased people and yourself.

You also must not create a character that copies a copyrighted or trademarked character or brand (for example, a character from a film, game, comic or show) unless you own or are licensed to use it.

Every character must be, and must clearly look like, an adult. Characters that are or appear to be under 18 are prohibited.

We may refuse, change or remove any character, and restrict features for it, if we believe it breaks these rules.

11. Recasting people in your videos

Some features let you replace a person who appears in a video or image you upload with one of your characters (“recasting”). When you use these features, you promise that:

• you own the footage or have a license that allows you to edit it this way and to publish the result;
• every identifiable person who appears in the footage (including any person being replaced) is an adult and has given you permission for the footage to be edited this way and for their image, voice and performance to be processed by the Service, and you can show that permission if we ask;
• you won’t recast anyone into sexual, degrading or harmful content, or into content that makes them appear to say or do something they didn’t; and
• you won’t use the result to deceive people, including by presenting it as real footage.

Before your first use of a feature that analyzes faces or voices, the app will ask for your explicit consent. Our Privacy Policy explains how we handle this information, including our biometric information notice and retention schedule.

12. Acceptable use

These rules apply to everything you create, upload, request or share using the Service, including prompts that are refused. You must not use the Service to create, upload, request or share content, or to take any action, that:

Children

• sexualizes, exploits or endangers minors in any way, including drawn, animated or AI-generated depictions and characters that appear to be minors. We have zero tolerance for child sexual abuse material. We report apparent child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC) as required by law, and we cooperate with law enforcement.

Sexual content and intimate images

• contains nudity or sexually explicit or sexually suggestive content;
• depicts a real person in an intimate or sexual way without their consent, or threatens to share intimate images of anyone (including AI-generated images).

Real people, likeness and deception

• uses a real person’s face, body, voice or other likeness without their permission, or recasts a real person in a way Section 11 doesn’t allow;
• impersonates any person or organization, or falsely suggests a connection with or endorsement by them;
• presents AI-generated content as real footage of real events or people, including fake news, fake evidence, fake reviews or fake testimonials;
• is designed to mislead people about elections, voting, candidates, public officials, government processes or public emergencies;
• promotes scams, fraud, phishing, pyramid schemes, fake giveaways or other deceptive practices;
• presents one of your characters as a real human being. When you post content featuring a character, you must follow each platform’s rules for labeling AI-generated content, and you must not deny that the character is AI-generated if asked. If a post is sponsored or you’re paid or given something to promote a product, you must clearly disclose that relationship as required by the US Federal Trade Commission’s Endorsement Guides and similar laws;

Harm to people

• harasses, bullies, threatens, intimidates, shames or stalks anyone;
• promotes hatred, discrimination or violence against people based on race, ethnicity, national origin, caste, religion, disability, age, sex, sexual orientation, gender identity, serious disease or any other protected characteristic;
• shares anyone’s private or identifying information without permission (doxxing);
• promotes, glorifies or supports terrorism, violent extremism or organized crime, or depicts graphic violence or gore;
• encourages or instructs suicide, self-harm or eating disorders;
• promotes or facilitates illegal activity, including the sale of illegal drugs, weapons or other regulated goods;

Rights and integrity

• infringes or misappropriates anyone’s copyright, trademark, trade secret, privacy, publicity or other rights;
• is spam, or is used to manipulate platforms, including fake engagement, fake accounts, coordinated inauthentic behavior or artificially boosting views, likes or followers;
• removes, hides, blurs, crops out, alters or interferes with the visible AI label, watermark or machine-readable provenance information (such as Content Credentials) in Outputs;
• contains or distributes malware, or breaks the restrictions in Section 4; or
• breaks any law or regulation, or the rules of the platforms where you post.

Our automated filters may block prompts, uploads or Outputs that appear to break these rules. Trying repeatedly to get around a filter is itself a breach of these Terms.

13. AI labels and disclosure

Outputs include a visible label and machine-readable information (such as C2PA Content Credentials and other embedded disclosures) that identify them as AI-generated or AI-edited. Laws in some places, including the European Union and California, require this.

You agree to keep these labels and this information intact, and to clearly disclose that content is AI-generated or AI-edited wherever the law or a platform’s rules require it, including by using the platform’s AI-content label when you post. When you post from the app to a platform that lets apps set its AI-content label (for example, YouTube’s altered or synthetic content setting), we set it for you. You must not turn it off.

14. Content moderation and enforcement

How we moderate

We use automated tools to check prompts, uploads and Outputs for content that may break these Terms, and people on our team review reports and some automated decisions. Automated tools can make mistakes; if you think one blocked something that doesn’t break our rules, you can ask us to review it.

What we may do

We may, at our discretion and without liability to you, and whether or not we’re required to: refuse to process a request; remove, disable access to, or refuse to deliver any content; restrict features; issue warnings; suspend or terminate accounts; forfeit credits obtained through a violation; preserve content and account information; and report content and users to law enforcement, NCMEC or other authorities where we believe the law requires or allows it. We choose the response we think is appropriate based on how serious the violation is, whether it’s repeated, the risk of harm, and the law.

We have zero tolerance for objectionable content and abusive users. You can flag any output in the app, and anyone can report misuse of content made with Razzmatazz, including content posted on other platforms, as described on our Report misuse page. We act on reports as quickly as we can. Reports of intimate images shared without consent are handled within the time limits on that page.

Telling you and appealing

When we take action against your content or account, we’ll tell you what we did and why, unless the law prohibits it, it would undermine an investigation or put someone at risk, or the content is spam or plainly unlawful. If you disagree, you can appeal within 6 months by replying to our notice or emailing safety@razzmatazz.ai with your account email and why you think we got it wrong. A person who wasn’t involved in the original decision will review your appeal and we’ll tell you the outcome. If you’re in the European Union, you may also have the right to use a certified out-of-court dispute settlement body or go to court.

We’re not obligated to monitor the Service, and we’re not responsible for content you create or for what you do with it.

15. Copyright complaints

We respect intellectual property rights and respond to notices of alleged copyright infringement that meet the requirements of the US Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512. How to send a notice or a counter-notice, and the contact details of our designated agent, are on our Report misuse page.

When we receive a valid notice, we remove or disable access to the material and let the user who provided it know. A user who believes the material was removed by mistake or misidentification may send a counter-notice. Under 17 U.S.C. § 512(f), anyone who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages.

Repeat infringers. We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe others’ intellectual property rights.

16. Our intellectual property and feedback

The Service, including its software, models, prompts, templates, designs, text, graphics, logos and the Razzmatazz name, and all intellectual property rights in them, belong to us or our licensors and are protected by law. These Terms don’t give you any right to use our names, logos or trademarks.

If you send us ideas, suggestions or other feedback, you give us a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable and sublicensable license to use it for any purpose without compensation or attribution to you. You don’t have to send us feedback.

17. Connected accounts, posting and third-party platforms

Razzmatazz isn’t a social network: other users can’t see your characters, uploads or Outputs in the app. You decide what leaves the app, by downloading it or by posting it to an account you connect.

Connecting your accounts

You can connect your TikTok, Instagram or YouTube account, and other platforms we add, to Razzmatazz. When you connect an account, you authorize us to use it within the permissions you approve on the platform’s own consent screen, and only to publish content you choose and to show you how it performs. You can disconnect an account at any time in the app, or revoke our access in the platform’s settings. Some platforms only allow certain account types (for example, Instagram professional accounts) to post through apps.

Posting from the app

We never post anything unless you tell us to. When you publish, the content goes out under your account and you’re the one posting it: you’re responsible for it and for following the platform’s rules, and it’s visible to the audience you choose on that platform. We’re not responsible for how a platform handles, ranks, labels, restricts or removes your content, or for any action it takes on your account.

Performance metrics

For videos you publish through Razzmatazz, the app shows you the metrics the platform makes available, such as views, likes, comments and shares. Metrics come from the platform and may be delayed, incomplete or revised. They stop updating if you disconnect the account or the platform changes or limits its API, and we don’t guarantee their accuracy.

Platform terms and availability

Your use of each platform is governed by its own terms and policies, and you must follow them. If you connect YouTube, you agree to be bound by the YouTube Terms of Service. Posting and metrics depend on the platforms’ APIs, which they can change or withdraw at any time, so we may need to change or stop these features.

Other third-party services

The Service also works with other services we don’t control, such as Apple and Google sign-in, app stores and payment processors. Your use of them is governed by their own terms and policies. We’re not responsible for third-party services.

18. Beta features and changes to the Service

We may offer features labeled as beta, preview, experimental or similar. They may be incomplete, change, or be withdrawn at any time, and they’re provided without any commitment of availability or performance.

We’re always improving Razzmatazz, so we may add, change, limit or remove features, change which AI models we use, or change usage limits at any time. If a change materially reduces a paid feature you’re using, we’ll tell you in advance where reasonably possible. We may also stop offering the Service. If we shut the Service down completely, we’ll give you at least 30 days’ notice where reasonably possible so you can download your content, and we’ll refund unused, unexpired credits you purchased (not subscription credits or promotional credits) where required by law.

19. Suspension, termination and survival

You can stop using the Service at any time, and you can delete your account as described on our Delete account page.

We may suspend or terminate your access to all or part of the Service, with or without notice, if we reasonably believe you’ve broken these Terms or the law, if you create a risk of harm or legal exposure for us, other users or anyone else, or if we’re required to by law. Where reasonable and allowed, we’ll tell you in advance and give you a chance to fix the problem.

When your access ends, your license to use the Service ends, your unused credits end, and we may delete your account and content as described in our Privacy Policy. Sections 5 (as to amounts owed and chargebacks), 8 (as to your responsibilities and the license for retained copies), 9, 12, 14 through 16, and 19 through 28 survive termination, along with any other provision that by its nature should survive.

20. Disclaimers

THE SERVICE AND ALL CONTENT AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE ABOVE, WE DON’T WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS; THAT OUTPUTS WILL BE ACCURATE, UNIQUE, SUITABLE, PROTECTABLE OR NON-INFRINGING; THAT CONTENT WILL NOT BE LOST; OR THAT CONTENT WILL PERFORM IN ANY PARTICULAR WAY (FOR EXAMPLE, THAT IT WILL GET VIEWS OR FOLLOWERS OR BE ACCEPTED BY ANY PLATFORM).

SOME JURISDICTIONS DON’T ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

21. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, FOLLOWERS, DATA OR CONTENT, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF WE’VE BEEN TOLD SUCH DAMAGES ARE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, IS LIMITED TO THE GREATER OF (A) US$100 AND (B) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND THEY’RE AN ESSENTIAL PART OF THE BARGAIN BETWEEN US.

Nothing in these Terms limits or excludes liability for fraud, gross negligence or willful misconduct, for death or personal injury caused by negligence, or for anything else that can’t be limited or excluded under applicable law.

If you’re a consumer in the European Union, the European Economic Area, the United Kingdom or Switzerland, Sections 20 and 21 don’t apply to you to the extent the law of your country doesn’t allow them. Instead, we’re responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill, but we’re not responsible for loss or damage that isn’t foreseeable, and we don’t provide the Service for business purposes, so we’re not liable to you for any business losses.

If you live in New Jersey, Sections 20, 21 and 22 apply only to the extent permitted by New Jersey law, and nothing in these Terms limits any rights you have under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act.

22. Indemnification

To the fullest extent permitted by law, you will defend, indemnify and hold harmless us and our affiliates, officers, employees, agents, suppliers and licensors from and against all claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Your Content, including any claim that it or your use of an Output infringes or violates anyone’s rights, including rights of privacy or publicity; (b) your use of the Service or of any Output, including anything you post on another platform; (c) your breach of these Terms or of any law; or (d) your violation of the rights of any person, including anyone who appears in media you upload. We may take over the defense of any claim at our own cost, and you’ll cooperate with us. You may not settle any claim that affects us without our written consent.

This section doesn’t apply to consumers in the European Union, the European Economic Area, the United Kingdom or Switzerland to the extent it isn’t permitted by the law of their country.

23. Dispute resolution and arbitration

This section applies if you live in the United States or if you’re not a consumer living in the European Union, the European Economic Area, the United Kingdom or Switzerland. It doesn’t apply where it’s prohibited by law.

Informal resolution first

Most disagreements can be solved informally. Before starting an arbitration or court case, you and we each agree to send the other a written notice of dispute. Yours must go to legal@razzmatazz.ai; ours will go to the email address on your account. The notice must include your name, your account email, a description of the dispute and the relief you want, and it must be personally signed by you (and by your lawyer, if you have one). You and we then agree to try in good faith to resolve the dispute for 60 days, including by holding an individual telephone or video conference if either of us asks. Statutes of limitations and filing-fee deadlines are paused (tolled) while we try to resolve a dispute this way. A court can enforce this requirement, and it can stay or dismiss an arbitration or case started without following it.

Agreement to arbitrate

IF WE CAN’T RESOLVE A DISPUTE INFORMALLY, YOU AND WE AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OUR PRIVACY PRACTICES OR ANY PURCHASE (A “DISPUTE”) WILL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION, AND NOT IN COURT, EXCEPT AS PROVIDED BELOW. This applies to Disputes that arose before or after you accepted these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

Exceptions. Either of us may (a) bring an individual claim in small claims court if it qualifies and stays there; (b) bring a claim in court for infringement, misappropriation or violation of intellectual property rights; and (c) ask a court for a temporary or preliminary injunction to stop unauthorized access to or abuse of the Service, or to protect intellectual property, while an arbitration proceeds.

How arbitration works

The arbitration will be administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and, where applicable, its Mass Filing Supplemental Dispute Resolution Rules and Procedures, each as in effect when the arbitration starts and as modified by this section. The rules are available at www.namadr.com. If NAM is unavailable or unwilling to administer the arbitration, the parties will agree on another administrator or a court will appoint one.

A single neutral arbitrator will decide the Dispute. Unless you and we agree otherwise, the arbitration will be conducted by video conference, telephone or written submissions; if an in-person hearing is needed, it will take place in the county where you live or another place we both agree to. The arbitrator may award the same individual relief a court could award, but only to the individual party seeking relief and only to the extent needed to resolve that party’s individual claim. The arbitrator’s decision is final and binding, and judgment on it may be entered in any court with jurisdiction.

The arbitrator, not a court, decides all issues, including the scope and enforceability of this section, except that a court decides: whether the class action waiver, the mass arbitration procedures, the informal resolution requirement, the exceptions above or the opt-out below are valid or enforceable; and whether a claim falls within the small claims exception.

Fees. Payment of filing, administrative and arbitrator fees is governed by NAM’s rules and fee schedule for consumer disputes. If you show that the costs of arbitration would be prohibitive compared with going to court, we’ll pay as much of those costs as the arbitrator decides is necessary to prevent the arbitration from being cost-prohibitive. Each party pays its own lawyers’ fees unless the law or the arbitrator’s award says otherwise.

Class action and jury trial waiver

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. UNLESS YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

If a court decides that applicable law prevents enforcement of any of the limitations in this paragraph as to a particular claim or request for relief (for example, a request for public injunctive relief), then that claim or request for relief (and only that one) will be severed from the arbitration and may be brought in court, and it will be stayed until the arbitration of all other claims is finished. If a court decides that the class action waiver is unenforceable as to a Dispute that someone tries to bring on a class basis, this entire agreement to arbitrate won’t apply to that Dispute, which will be decided in court.

Mass arbitration

If 25 or more demands for arbitration raising similar claims are filed against us by the same or coordinated lawyers or organizations (“Mass Filing”), NAM’s Mass Filing Supplemental Rules apply, and the following procedures also apply to help resolve them efficiently. Each claimant’s claim is still decided individually on its own merits.

1. Staged filing. The lawyers for the claimants and we will each choose 10 demands (20 in total) to proceed first as individual arbitrations, each with its own arbitrator. The other demands are held and won’t be treated as filed, and no fees will be charged for them, until the first group is finished.
2. Mediation. After the first group is resolved, the parties will mediate the remaining demands in good faith for 60 days, with us paying the mediator’s fees.
3. Next stages. If the remaining demands aren’t resolved in mediation, they’ll proceed in stages of up to 100 demands, with each demand decided individually. NAM may assign one arbitrator to all demands in a stage for administrative efficiency, but the outcome of any arbitration isn’t binding on any other claimant.
4. Tolling. Statutes of limitations and filing-fee deadlines are paused for every demand in the Mass Filing from the time the first demand is filed until that demand is assigned to a stage.

A court may enforce this subsection, including by blocking the filing or administration of demands in a way that breaks it. If a court decides this subsection is unenforceable as to a claimant, that claimant’s Dispute may proceed individually in court as provided in Section 24.

Opting out

You can opt out of this agreement to arbitrate within 30 days after you first accept these Terms by emailing legal@razzmatazz.ai from your account email address with the subject line “Arbitration opt-out” and your name and a clear statement that you want to opt out. Opting out doesn’t affect any other part of these Terms, and it doesn’t affect any earlier arbitration agreement you had with us.

Changes to this section

If we make a material change to this section, you may reject it by emailing legal@razzmatazz.ai within 30 days after the change takes effect. If you do, the most recent version of this section you accepted continues to apply. Any change won’t apply to a Dispute that one of us has already told the other about.

24. Governing law and venue

These Terms and any Dispute are governed by the laws of the State of Delaware and applicable US federal law, without regard to conflict-of-law rules. Any Dispute that isn’t subject to arbitration, or that is allowed to proceed in court under Section 23, will be resolved exclusively in the state and federal courts located in New Castle County, Delaware, and you and we consent to personal jurisdiction there.

If you’re a consumer in the European Union, the European Economic Area, the United Kingdom or Switzerland, you also benefit from any mandatory protections of the law of the country where you live, and you may bring proceedings in the courts of that country.

25. Export controls and sanctions

You must follow all US and other export control and sanctions laws that apply to the Service. You confirm that you’re not located in, or ordinarily resident in, a country or region subject to comprehensive US sanctions or designated by the US government as a “terrorist supporting” country, that you’re not on any US government list of prohibited or restricted parties, and that you won’t use the Service for any purpose those laws prohibit.

26. Apple App Store terms

If you downloaded our app from the Apple App Store, these additional terms apply to your use of the iOS app, and they override anything in these Terms that conflicts with them:

1. Acknowledgement. These Terms are between you and us only, not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the app and its content. These Terms don’t provide for usage rules that conflict with the Apple Media Services Terms and Conditions in effect when you accept them.
2. Scope of license. Your license to the app is a limited, non-transferable license to use it on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
3. Maintenance and support. We’re solely responsible for providing any maintenance and support services for the app, as described in these Terms or as required by law. Apple has no obligation whatsoever to provide any maintenance and support services for the app.
4. Warranty. We’re solely responsible for any product warranties, whether express or implied by law, to the extent they’re not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility, to the extent not disclaimed under these Terms.
5. Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including (a) product liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar laws, including in connection with the app’s use of the HealthKit and HomeKit frameworks (our app doesn’t use them). These Terms don’t limit our liability to you beyond what is permitted by applicable law.
6. Intellectual property rights. If any third party claims that the app or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of that claim.
7. Legal compliance. You represent and warrant that (a) you’re not located in a country that is subject to a US government embargo or that has been designated by the US government as a “terrorist supporting” country; and (b) you’re not listed on any US government list of prohibited or restricted parties.
8. Developer name and address. Questions, complaints or claims about the app should be directed to Razzmatazz, at support@razzmatazz.ai.
9. Third-party terms. You must comply with any applicable third-party terms of agreement when using the app, for example your wireless data service agreement.
10. Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and when you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

27. Changes to these terms

We may update these Terms from time to time, for example to reflect changes to the Service or the law. We’ll post the updated Terms here and change the date at the top. If a change is material, we’ll give you reasonable advance notice (at least 30 days where reasonably possible) by email or in the app before it takes effect, unless the change is required by law or addresses new features or an urgent safety or legal risk, in which case it may take effect sooner. Changes won’t apply retroactively. If you keep using the Service after a change takes effect, you accept the updated Terms. If you don’t agree, stop using the Service and delete your account. Section 23 explains how changes to the arbitration agreement work.

28. General terms

Entire agreement. These Terms, together with the Privacy Policy and any additional terms we show you for a specific feature or offer, are the entire agreement between you and us about the Service and replace any earlier agreements about it. If additional terms for a feature conflict with these Terms, the additional terms control for that feature.

Electronic communications. You agree to receive communications from us electronically, by email, in the app or on our website, and you agree that these communications satisfy any legal requirement that they be in writing. Keep your account email current, because notices are effective when we send them to it.

Notices to us. Legal notices to us must be sent to legal@razzmatazz.ai.

Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms, for example as part of a merger, acquisition, reorganization or sale of assets, or by operation of law, and these Terms will bind and benefit each party’s permitted successors and assigns.

Severability. Except as stated in Section 23, if any provision of these Terms is found unenforceable, it will be enforced to the maximum extent possible and the rest of the Terms will remain in full effect.

No waiver. If we don’t enforce a provision, that isn’t a waiver of our right to enforce it later.

Force majeure. We’re not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, riots, labor disputes, government action, power or internet failures, and failures of third-party hosting, AI model or payment providers.

Relationship. You and we are independent parties. These Terms don’t create any partnership, joint venture, employment or agency relationship.

Third-party beneficiaries. Except for Apple as described in Section 26, and our affiliates and suppliers as described in Sections 21 and 22, no one else has any rights under these Terms.

Interpretation. Headings are for convenience only. “Including” and similar words mean “including without limitation.” If we provide a translation of these Terms, the English version controls to the extent of any conflict, except where the law requires otherwise.

29. Contact us

Questions about these Terms? Email legal@razzmatazz.ai or, for help with the app, support@razzmatazz.ai.