Terms of Service

1. Acceptance of Terms

By accessing or using SceneSmith ("the Platform", "Service", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform.

If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to use SceneSmith. By using the Platform, you represent and warrant that you meet this age requirement.

Minor Access: Users under 18 may access age-appropriate content (rated G, PG, TV-Y, TV-Y7, TV-G, or TV-PG) only through a parent or guardian's account with parental controls enabled. Parental sign-off is required and parents accept full responsibility for content viewed by minors.

3. AI-Generated Content Disclosure

IMPORTANT: All images, videos, and audio generated through SceneSmith are created using artificial intelligence models, including but not limited to:

• Fal.ai (image and video generation)
• ElevenLabs (voice synthesis)
• Google Gemini (content planning and assistance)

You acknowledge and agree that:

• Generated content is synthetic and may contain artifacts, inaccuracies, or unintended elements
• AI models may produce unexpected or imperfect results
• You are solely responsible for reviewing all generated content before use
• SceneSmith does not guarantee the accuracy, quality, or suitability of any generated content

4. Account Registration

To access certain features of the Platform, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Keep your password secure and confidential, and not share your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

5. Content Ownership and Licensing

5.1 Your Content

You retain ownership of all content you upload to the Platform (including reference images, audio files, scripts, and other materials). By uploading content, you grant SceneSmith a limited, non-exclusive, worldwide license to process, store, and use your content solely for the purpose of providing the Service.

5.2 AI-Generated Content

Your rights to AI-generated content depend on your usage tier:

DRAFT Tier (Non-Commercial Use)

Content generated at DRAFT quality is licensed for non-commercial use only. You may use DRAFT-tier content for:

• Personal projects and experimentation
• Educational purposes
• Non-commercial social media posts
• Portfolio demonstration and concept validation

You may NOT use DRAFT-tier content for:

• Commercial advertising or marketing
• Client deliverables
• Products or merchandise for sale
• Any revenue-generating purpose

STANDARD, HD, and ULTRA Tiers (Commercial Use)

Content generated at STANDARD quality or higher is licensed for commercial use. You receive a non-exclusive, worldwide, royalty-free license to use this content for:

• Commercial advertising and marketing
• Client deliverables and professional projects
• Broadcast, streaming, and distribution
• Products, merchandise, and revenue-generating purposes

Important Limitations (All Tiers)

• All licenses are non-exclusive; we may generate similar content for other users
• You cannot claim exclusive ownership or register copyright on purely AI-generated portions of content
• You remain responsible for obtaining any necessary clearances for recognizable elements (trademarks, likenesses, etc.)
• You may not resell, sublicense, or redistribute generated content as a standalone product

For complete details, see our Content Rights & Licensing Policy.

5A. SceneSmith Pro — Commercial Accounts

SceneSmith Pro (Commercial Use) accounts are available for brands, agencies, studios, and professional creators who require:

• AI Photo Studio access (product photography, lifestyle shoots, campaign stills)
• AI Video Production (commercials, product demos, brand films)
• Product Placement Marketplace access
• Creator sponsorship capabilities
• Licensed use of celebrity likenesses (with verified rights documentation)
• Priority rendering and support

Commercial accounts must maintain valid rights documentation for any celebrity or personal likenesses used in generated content. SceneSmith reserves the right to audit commercial accounts for compliance at any time.

6. Likeness, Identity, and Deepfake Restrictions

The following uses are strictly prohibited:

• Generating content depicting real individuals without their documented consent
• Creating deepfakes or synthetic media intended to deceive viewers about authenticity
• Impersonating real persons for fraud, defamation, harassment, or any malicious purpose
• Generating explicit, intimate, or sexual imagery of any identifiable person
• Creating any content depicting minors in inappropriate, suggestive, or harmful contexts
• Using voice synthesis to impersonate real individuals without their explicit consent

Consent Requirements

If you intend to generate content depicting or resembling a real person, you must:

• Obtain written consent from that individual
• Retain proof of consent for the duration of your use of the content
• Provide consent documentation to us upon request
• Ensure the individual understands that AI technology will be used

Exception

Public figures may be depicted in clearly satirical, educational, or newsworthy contexts where reasonable viewers would not be deceived about the synthetic nature of the content.

Enforcement

Violations of likeness and identity policies result in:

• First Offense: Immediate content removal and formal warning
• Second Offense: Account suspension (30 days) and content audit
• Third Offense: Permanent account termination and IP ban
• Severe Violations: Immediate permanent ban, IP block, and referral to law enforcement where applicable

IP Ban Policy: Accounts found to be creating unauthorized deepfakes, non-consensual intimate imagery, or content exploiting minors will be permanently banned by IP address, device fingerprint, and payment method. We cooperate fully with law enforcement on all such matters.

6A. Content Rating System

All content published to SceneSmith TV must be assigned a content rating. SceneSmith uses a rating system aligned with MPAA and FCC standards:

Film Ratings

• G (General Audience): Content suitable for all ages. No violence, mature themes, or strong language.
• PG (Parental Guidance): Some material may not be suitable for children. Mild themes, brief mild language.
• PG-13 (Parents Strongly Cautioned): Some material may be inappropriate for children under 13. Moderate themes, some violence, infrequent strong language.
• R (Restricted): Under 17 requires accompanying parent or adult guardian. Strong language, violence, mature themes.

Television Ratings

• TV-Y: Designed for young children ages 2-6.
• TV-Y7: Designed for children age 7 and above.
• TV-G: Most parents would find suitable for all ages.
• TV-PG: Parental guidance suggested. Contains material parents may find unsuitable for younger children.
• TV-14: Parents strongly cautioned. Contains material unsuitable for children under 14.
• TV-MA (Mature Audience Only): Designed for adults. May contain explicit content. Requires age verification to access.

Rating Enforcement

• Creators must accurately rate their content upon publication
• SceneSmith's AI safety systems automatically flag content that may be misrated
• Content found to be deliberately misrated (e.g., R-rated content labeled as G) will be removed and the creator will receive a strike
• Three rating strikes result in publishing privileges being revoked

Parental Controls

• Accounts with parental controls enabled will only display content rated G, PG, TV-Y, TV-Y7, TV-G, and TV-PG by default
• Parents may optionally enable PG-13 and TV-14 content with a separate confirmation
• R and TV-MA content requires age verification (government ID or credit card verification)
• All content filters are enforced server-side and cannot be bypassed

6B. Product Placement & AI-Native Advertising

SceneSmith's advertising system enables brands to place products directly within AI-generated content during the generation process ("AI-Native Product Placement"). This is distinct from traditional ad insertion — brand assets become part of the generated imagery itself.

For Advertisers (Brand Accounts)

• Product placements must comply with FTC disclosure requirements and all applicable advertising regulations in your jurisdiction
• Brands are responsible for ensuring their products, brand assets, and placement guidelines comply with applicable advertising laws
• Brands may not request placements in content intended for children (TV-Y, TV-Y7, G rated) for age-restricted products (alcohol, tobacco, gambling, pharmaceuticals, etc.)
• Brand assets (logos, product images, style guides) uploaded to SceneSmith are used solely to inform AI generation and will not be shared with third parties
• Advertisers are charged only for verified placements where post-generation analysis confirms the product was visibly rendered in the scene
• PlacementRules define context matching criteria (scene type, mood, setting, genre); SceneSmith does not guarantee a specific number of placements
• Brand guidelines must not conflict with SceneSmith's content policies or creator opt-out preferences
• Campaigns are subject to review and may be paused or rejected if they violate Platform policies

For Creators

• Creators keep 85% of all product placement fees (SceneSmith retains 15%)
• All content with product placements automatically includes appropriate FTC disclosure (added by the platform)
• Creators may opt out of all advertising at any time via their Network settings (allowAds control)
• Creators may specify acceptable ad categories (e.g., "food", "tech") and reject categories that conflict with their content or values
• Creators may set a minimum CPM bid floor — only brands meeting or exceeding this threshold will be matched
• Creators may set a maximum number of placements per scene to maintain content quality
• Creator consent is evaluated before generation — no placement occurs without matching the creator's stated preferences

How AI-Native Placement Works

1. Matching: Advertiser PlacementRules are matched against scene generation parameters (location, mood, setting, genre) using SceneSmith's context matching engine
2. Consent Gate: Only creators who have opted in and whose category/bid preferences match are eligible
3. Prompt Enhancement: Matched brand assets are injected as generation constraints — the AI renders the scene with the product as an inherent visual element
4. Verification: Post-generation vision analysis confirms the product's visibility and context appropriateness
5. Billing: Advertisers are charged only for verified, visible placements

Placement Types & Tier Availability

• Promotion: Content boosting on SceneSmith TV (all tiers)
• In-Scene: Product placed naturally within a scene (Creator tier and above)
• Environmental: Brand signage, decor, or packaging in backgrounds (Pro tier and above)
• Wardrobe: Characters wearing or carrying branded items (Pro tier and above)
• Sponsored Content: Product as central scene element with brand attribution (Studio tier only)

Revenue Distribution & Billing

• CPM and CPC rates are determined by the advertiser's subscription tier
• Product placement fees are paid to creators within 30 days of verified impression
• SceneSmith retains a 15% platform fee for matching, verification, and payment processing
• Disputes between brands and creators are mediated by SceneSmith at no additional cost
• Advertisers may set daily and total campaign budgets; campaigns pause automatically when budgets are exhausted

Data Practices for Advertising

• SceneSmith does not sell personally identifiable viewer data to advertisers
• Advertisers receive only aggregate analytics (total impressions, click-through rates, engagement metrics)
• Scene context data used for matching (location type, mood, genre) is derived from generation parameters, not viewer behavior
• Brand assets uploaded to the platform are stored securely and used only for AI generation purposes

7. Prohibited Content and Acceptable Use

You may not use SceneSmith to generate content that:

Violence and Harm

• Depicts realistic violence, gore, torture, or mutilation
• Promotes terrorism, extremism, or violent ideologies
• Provides instructions for weapons, explosives, or dangerous activities
• Glorifies or encourages self-harm, suicide, or eating disorders

Illegal Content

• Child sexual abuse material (CSAM) - ZERO TOLERANCE
• Non-consensual intimate imagery
• Content violating applicable laws in any jurisdiction
• Fraudulent, deceptive, or scam-related content

Intellectual Property

• Content that infringes copyrights, trademarks, or patents
• Unauthorized use of brand logos, characters, or trade dress
• Counterfeit product imagery or promotional materials

Misinformation

• Fake news or propaganda presented as factual reporting
• Manipulated media intended to deceive the public
• False emergency, crisis, or public safety content

For complete guidelines, see our Acceptable Use Policy.

8. Credits, Billing, and Refunds

Credits

• SceneSmith operates on a credit-based system
• Credit purchases are final and non-refundable once completed
• Credits do not expire and are non-transferable between accounts
• Credit costs vary by quality tier and operation type as displayed in the Platform

Generation Outcomes

• AI generation is probabilistic. Output quality, style, accuracy, and content are not guaranteed and may vary across attempts.
• Credits are charged when a generation is submitted to the underlying provider. Credits are not refunded for outputs you find unsatisfactory, unsuitable, off-prompt, low-quality, or otherwise not what you expected.
• Billing disputes for verifiable platform errors must be raised with support within 14 days of the transaction. Resolution is at SceneSmith’s sole discretion.

Chargebacks

Fraudulent chargebacks or payment disputes made in bad faith will result in immediate account termination and may result in legal action.

9. Third-Party Services

SceneSmith integrates with third-party AI providers and services. Your use of the Platform is also subject to:

• Fal.ai Terms of Service (for image and video generation)
• ElevenLabs Terms of Service (for voice synthesis)
• Google Cloud Terms of Service (for AI assistance)
• Stripe Terms of Service (for payment processing)

We are not responsible for the availability, accuracy, or policies of third-party services.

10. Indemnification

You agree to indemnify, defend, and hold harmless SceneSmith, its operators, affiliates, and AI service providers from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Platform or generated content
• Your violation of these Terms
• Your infringement of any third-party rights
• Any regulatory violations or legal claims in your jurisdiction

11. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

WE DO NOT WARRANT THAT:

• The Platform will be uninterrupted, secure, or error-free
• Generated content will be accurate, complete, or suitable for any purpose
• Generated content will be free from intellectual property issues
• The Platform will meet your specific requirements

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCENESMITH SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Any third-party claims against you
• Content you create that violates laws, rights, or these Terms

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR CREDITS IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Account Suspension, Restriction, and Termination

13.1 Platform Discretion

SCENESMITH RESERVES THE RIGHT, AT ITS SOLE AND ABSOLUTE DISCRETION, TO SUSPEND, RESTRICT, LIMIT, OR PERMANENTLY TERMINATE ANY USER ACCOUNT, AT ANY TIME, WITH OR WITHOUT CAUSE, WITH OR WITHOUT PRIOR NOTICE. You acknowledge that SceneSmith has no obligation to continue providing access to the Platform to any user.

13.2 Grounds for Action

Without limiting Section 13.1, SceneSmith may take action against your account for any reason including but not limited to:

• Violation or suspected violation of these Terms, our Acceptable Use Policy, Content Rights Policy, AI Disclosure Policy, Creator Agreement, or any other Platform policy
• Illegal activity, suspected fraud, or suspected criminal conduct
• Fraudulent payment activity, chargebacks, or payment disputes made in bad faith
• Content that SceneSmith determines, in its sole judgment, is harmful, offensive, misleading, or otherwise objectionable
• Conduct that SceneSmith determines may create legal liability or regulatory risk for the Platform
• Threats, harassment, or abusive behavior toward other users, SceneSmith personnel, or third parties
• Manipulation or attempted manipulation of Platform systems, metrics, algorithms, or anti-fraud measures
• Use of the Platform in a manner that is inconsistent with its intended purpose
• Creating, operating, or being associated with multiple accounts without authorization
• Actions requested by law enforcement, government agencies, or pursuant to legal process
• Extended inactivity (24+ months)
• At SceneSmith's sole discretion for any other reason or no reason

13.3 Types of Enforcement Actions

SceneSmith may take one or more of the following actions:

• Warning: Formal notice of policy violation with corrective requirements
• Content Removal: Removal, demonetization, or restriction of specific content
• Feature Restriction: Limiting access to specific Platform features (publishing, commenting, messaging, monetization)
• Temporary Suspension: Suspending account access for a defined period
• Permanent Termination: Permanently closing your account and revoking all access
• IP and Device Ban: Blocking access from associated IP addresses, devices, and device fingerprints
• Associated Account Action: Suspending or terminating accounts determined to be associated with a violating account, including accounts sharing IP addresses, devices, payment methods, phone numbers, or other identifying information
• Payment Hold: Freezing, withholding, or forfeiting pending payments, credits, or revenue

SceneSmith may take any combination of these actions and is not required to follow any particular escalation sequence. Severe violations may result in immediate permanent termination without prior warning.

13.4 No Explanation Required

SceneSmith is under no obligation to provide a reason or explanation for any enforcement action. While we may choose to provide general information about the nature of a violation, we are not required to disclose specific evidence, algorithms, reports, or methodologies used in our determination. Our internal investigation processes and moderation decisions are proprietary and confidential.

13.5 Appeals

You may submit a single appeal of an enforcement action within 30 days of the action by emailing appeals@scenesmith.ai. Appeals must include your account email and a brief statement. SceneSmith will review appeals at its sole discretion and may deny any appeal without explanation. The outcome of an appeal review is final and binding. Repeated, frivolous, or abusive appeal submissions may result in further enforcement action.

13.6 Effects of Termination

Upon termination for cause:

• Your access to the Platform is revoked immediately
• All unused credits are forfeited with no refund
• All pending Creator Revenue payments are forfeited
• Your content may be removed or retained at SceneSmith's discretion
• You are prohibited from creating new accounts
• SceneSmith may retain your data as required for legal compliance, fraud prevention, and enforcement

Upon termination without cause (by SceneSmith):

• Unused credits will be refunded within 90 days
• Accrued Creator Revenue above the minimum threshold will be paid per the Creator Agreement
• Your generated content may be deleted after 30 days
• You retain license rights to content you have already downloaded

Upon termination by you:

• You may close your account at any time via account settings or by contacting support
• Unused credits are not refundable
• Accrued Creator Revenue above the minimum threshold will be paid per the Creator Agreement
• Content may be retained per the license grants you have provided

13.7 Survival

The following sections survive termination of your account: Content Ownership and Licensing (Section 5), Likeness and Identity Restrictions (Section 6), Indemnification (Section 10), Disclaimers (Section 11), Limitation of Liability (Section 12), Dispute Resolution (Section 14), and any other provisions that by their nature should survive.

13.8 No Liability for Enforcement Actions

SCENESMITH SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SUSPENSION, RESTRICTION, OR TERMINATION OF YOUR ACCOUNT, ACCESS TO THE PLATFORM, OR DELETION OF YOUR CONTENT. You agree that SceneSmith's enforcement actions do not give rise to any claim for damages, lost profits, lost revenue, or any other compensation.

14. Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of Puerto Rico and applicable United States federal law, without regard to conflict of law principles.

Dispute Process

1. Informal Resolution: Contact us at legal@scenesmith.ai to attempt resolution
2. Mediation: If unresolved after 30 days, disputes will proceed to mediation
3. Arbitration: Binding arbitration under American Arbitration Association rules in San Juan, Puerto Rico
4. Small Claims: Either party may pursue claims in small claims court

Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY AND WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION.

15. Changes to Terms

We may update these Terms at any time. For material changes, we will provide at least 30 days' notice via email or prominent notice on the Platform. Continued use after changes take effect constitutes acceptance of the revised Terms.

Material changes include:

• Changes to pricing or credit costs
• Modifications to content ownership or licensing
• New usage restrictions or prohibited content categories
• Changes to dispute resolution procedures

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and SceneSmith.
• Severability: If any provision is found unenforceable, the remaining provisions continue in effect.
• Waiver: Failure to enforce any provision does not waive our right to enforce it later.
• Assignment: You may not assign these Terms without our consent. We may assign them freely.

17. Contact Information

For questions about these Terms, contact us at:

• Email: legal@scenesmith.ai
• Support: support@scenesmith.ai