Legal

Terms of Service

Last updated: September 3, 2026

These terms are written to be read. The short version: you own the ads you make, you are responsible for the claims you put in them, every presenter is synthetic and the ad says so, we will not make ads for some products, and nothing is charged until you pick a plan. The long version follows, and the long version is the one that counts.

1. Who we are and what these terms cover

OpenAffect (“OpenAffect”, “we”, “us”) operates the website at openaffect.ai and the services reachable from it. These terms cover all of them, including OpenAffect Studio (“the Studio”), the self-serve product that generates short vertical video ads from a product photo, and the audience research and content services we deliver under a separate written agreement.

By creating an account, buying a plan or pack, or otherwise using the services, you agree to these terms and to our Privacy Policy. If you are using the services for a company, you confirm you have the authority to bind it, and “you” means that company as well as you.

Where a written services agreement or statement of work exists between us, it governs that engagement and these terms fill any gaps. Where the two conflict, the written agreement wins.

2. Accounts

You must be at least 18 and able to enter a binding contract. The Studio is a business tool for advertising products you have the right to advertise; it is not for personal or consumer use.

Keep your login details to yourself and tell us straight away if you think someone else has them. You are responsible for everything done through your account and your workspace, including by people you invite into it. Give us accurate details and keep them current.

3. What the Studio makes, and what you give it

The Studio takes a photo of your product, the claims you choose to make about it, and a few details about your brand, and generates a 12-second vertical video ad in which a synthetic presenter shows the product and speaks a short script. You pick the presenter, pick one of the storyboards we suggest, and may rewrite any spoken line before the ad is made.

To do that, we send your photo and your text to third-party AI model providers (currently Anthropic, fal.ai, and OpenAI) and store the photo and the finished ad in our cloud storage. The Privacy Policy lists who they are. Generated output varies from take to take; no two ads are the same and we cannot guarantee a particular look.

4. Your content and our licence to it

You keep every right you have in what you upload and type into the Studio (your “Inputs”). You give us a worldwide, non-exclusive licence to store, copy, process, transmit and display your Inputs, and to send them to our providers, only as needed to run the services for you and to keep them secure. That licence ends when you delete the content or close the account, except for copies we keep for backups, legal reasons, or fraud prevention for a limited time.

We do not use your product photos or your finished ads in our own marketing, and we do not use them to train models, unless you tell us in writing that we may.

You promise that you own or have permission to use your Inputs, that they do not infringe anyone else’s rights, and that they do not contain a real person’s face, voice or likeness. A photo of the product itself is what the Studio needs.

5. The ads you make

Ownership

As between you and us, you own the finished ads the Studio generates for you (your “Outputs”), and we assign to you whatever rights we hold in them. You may use, edit, publish and distribute your Outputs for any lawful purpose, in any medium, without further payment to us. Because the same models serve every customer, other customers’ ads may resemble yours, and we cannot promise exclusivity in any element of an Output.

Synthetic presenters

Every presenter in the Studio is generated. None is a real person, none has used your product, and none is giving an opinion about it. You must not present a Studio presenter as a real customer, reviewer or endorser, and you must not remove or obscure the AI disclosure that the Studio places on each ad.

Disclosure and platform rules

Most platforms require AI-generated or synthetic content to be labelled, and laws in some places require it as well. You are responsible for meeting those requirements wherever you publish an Output, including turning on any “AI-generated” or “altered content” label the platform offers.

Truth in advertising

The script only ever uses claims you supplied. That means you are responsible for every claim in your ad being true, not misleading, and substantiated to the standard your regulators require, including under the United States FTC Act and the rules on endorsements and testimonials (16 CFR Part 255 and Part 465), and their equivalents where you advertise. We build the Studio so a presenter demonstrates the product and never claims to have bought, used or benefited from it, and our guard rejects scripts that cross that line, but the guard is a safety net and not a legal review.

6. What we will not make

The Studio refuses some products before any ad is generated, and we may refuse or remove any ad at our discretion. A refusal never uses one of your ads. We will not generate ads for, or that involve:

  • medicines, prescription products, medical devices, or any product marketed with a claim to treat, cure or prevent a disease or condition, because the claim rules differ by country and we cannot check them for you;
  • tobacco, vaping products, cannabis, illegal drugs or drug paraphernalia, weapons, or gambling;
  • counterfeit goods, or a product you do not have the right to sell or advertise;
  • content that impersonates a real person, brand or organisation, or that uses a real person’s likeness or voice;
  • sexual content, content aimed at children, or content that is hateful, harassing, discriminatory or otherwise unlawful;
  • political advertising, and anything designed to deceive or manipulate its audience.

We may add to this list, and we may suspend a workspace that keeps trying. If you are unsure whether a product qualifies, ask before you buy a plan.

7. Plans, packs and payment

The Studio is sold as monthly or annual subscriptions that include a number of ads each month, and as one-time packs of ads. Prices are shown in US dollars and exclude any taxes that apply. Payment is taken by Stripe; we never see or store your card number. Nothing is charged until you choose a plan or a pack.

  • A subscription renews automatically at the end of each billing period until you cancel. You can cancel at any time from the billing page; cancellation takes effect at the end of the period you have paid for, and there is no refund for the remainder.
  • Ads from a subscription are added to your balance when each period’s payment succeeds. Unused ads roll into the next period while the subscription is active. Ads already in your balance stay usable after cancellation.
  • Pack ads are added when the payment succeeds and stay usable for 365 days.
  • We may change prices with at least 30 days’ notice by email; a change applies from your next renewal, and you can cancel before it takes effect.

8. What counts as an ad, re-shoots and refunds

One ad is one finished take that has passed our checks. When you start an ad, one is held from your balance. If our label check rejects the first take we re-shoot it at our own cost. If the take fails outright, or we cannot finish it, the ad goes back to your balance. That return is our standard remedy.

We do not refund money for ads you have used, for a plan period that has started, or for change of mind. We may refund at our discretion where something on our side went wrong, and we will always refund where the law requires it. If you dispute a charge with your card issuer instead of contacting us, we may suspend the workspace and remove any unused ads that the disputed payment bought until it is resolved.

9. Fair use and limits

Ads are generated by third-party models that bill us for every attempt, so we apply limits: a cap on how much a workspace may cost us relative to what it has paid, a platform-wide daily limit, and rate limits on requests. If a limit pauses your workspace we will say so on screen and your ads stay in your balance. You must not share an account to get around the plan you are on, resell the Studio as your own service, or use automated tools to submit ads outside the interface.

10. Acceptable use

Do not attempt to break into the services, interfere with them, probe or reverse engineer them, scrape them, or use them to build a competing model or dataset. Do not use the services for anything unlawful, and do not upload malware or content you have no right to.

11. Availability and third parties

We depend on cloud and AI providers we do not control, and their outages, policy changes and model changes affect what we can make. We do not promise that the services will be uninterrupted or error-free, that a given ad will be made in a given time, or that an Output will be approved by any platform or perform in any way. We will tell you about planned changes that matter, and we keep your balance safe through an outage.

12. Our intellectual property

The services, the software behind them, our presenter roster, our prompts and our brand belong to us and our licensors, and nothing in these terms transfers them to you. Feedback you send us may be used without obligation. The rights you get are set out in section 5 and are the only ones granted.

13. Disclaimers

The services are provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Insights, scores and recommendations from our research services are informational and are not legal, financial or regulatory advice. Nothing in the Studio is a legal review of your advertising.

14. Limitation of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from the services or these terms, however caused. Our total liability for all claims in any twelve-month period is limited to the amount you paid us in that period, or one hundred US dollars if you paid nothing. Some jurisdictions do not allow these limits, in which case they apply to the extent permitted.

15. Your responsibility for what you publish

You will defend and indemnify us against claims, losses and costs (including reasonable legal fees) arising from your products, the claims you supplied for an ad, your use or publication of an Output, your Inputs, or your breach of these terms, including any claim that an ad you published was misleading or infringed someone’s rights.

16. Suspension and termination

You can close your account at any time from the workspace settings or by emailing us. We can suspend or end your access if you breach these terms, if a payment fails, if your use puts the services or other customers at risk, or if we shut the Studio down, in which case we will give reasonable notice and refund unused pack ads on a pro-rata basis. After termination you have 30 days to download your Outputs before we may delete them. Sections 4, 5, 12 to 15 and 18 survive termination.

17. Changes to these terms

We may update these terms. For material changes we will email account holders or show a notice in the product at least 14 days before they take effect. Continuing to use the services after that date means you accept the new terms; if you do not, cancel before then.

18. Governing law and disputes

These terms are governed by applicable law without regard to conflict-of-law principles. Before starting any formal proceeding, contact us and give us 30 days to resolve the matter; most problems are a refund or a re-shoot away. Nothing in these terms limits any consumer rights you have that cannot be waived.

19. Contact

Questions about these terms go to leo@openaffect.ai.