Terms of Service

Effective [launch date]. Last updated [launch date].

These Terms of Service ("Terms") are a legal agreement between you and HoopoePro LLC, a Texas limited liability company ("HoopoePro", "we", "us" or "our"). They cover your use of hoopoepro.com and the HoopoePro studio, apps and related services (together, the "Service"). By creating an account, buying credits or using the Service, you agree to these Terms, our Privacy Policy and our Refund Policy. If you do not agree, do not use the Service.

Please read section 18. It says that most disputes between you and HoopoePro will be decided by individual binding arbitration, not by a judge or jury, and that you give up the right to join a class action. You can opt out within 30 days.

1. About HoopoePro

HoopoePro is an online studio that lets you make pictures, videos, voices, music and other media with artificial intelligence ("AI") models made by other companies. We connect those models in one place, sell credits to pay for their use, and give you tools to edit and combine the results.

HoopoePro is not affiliated with, sponsored by or endorsed by the makers of the models offered in the Service. Model names such as Seedance, Kling, Veo, Flux and ElevenLabs belong to their owners and are used only to describe which models you can choose.

2. Who can use HoopoePro

You may use the Service only if:

• you are at least 18 years old and able to form a binding contract;
• you are not barred from using the Service under the laws of the United States or any other place that applies to you, and you are not on a U.S. government list of restricted or sanctioned persons;
• you are not located in, and not ordinarily a resident of, a country or region subject to comprehensive U.S. sanctions; and
• we have not previously suspended or closed your account for breaking these Terms.

If you use the Service for a company or other organization, you confirm that you have authority to accept these Terms for it, and "you" includes that organization.

3. Your account

You need an account to make anything. Give us true and current information and keep it up to date. Keep your password and login methods secret, turn on two-step login if we offer it, and tell us right away if you think someone else has used your account. You are responsible for everything done through your account, including credits spent, unless the activity happened because of our own security failure.

One person may not create several accounts to collect extra free credits or to get around a limit or a suspension.

4. Credits

How credits work

Credits are how you pay for work in the Service. Each tool shows its cost in credits before you start. Credits are taken from your balance when a job starts. Costs can differ by model, length, size and quality.

Credits never expire

Credits you buy in a credit pack do not expire while your account is open. Credits that come with the monthly plan stay in your balance after each billing period, and they stay if you cancel the plan.

Failed jobs

If a job fails to produce a result because of a technical error on our side or at a model provider, the credits for that job are returned to your balance automatically. A result you do not like is not a failed job, but you can contact us if something looks broken.

What credits are not

Credits are a limited, revocable license to use the Service. They are not money, they have no cash value, they earn no interest, and they cannot be sold, transferred, traded or exchanged for cash, except as our Refund Policy or the law requires. Credits are not a gift card, stored-value card or deposit account.

Free and promotional credits

We may give free credits when you sign up or as part of a promotion. Free and promotional credits can have their own limits, which we will tell you about when you receive them, and they can be removed if they were received through abuse, such as making several accounts.

Changes to credit costs

The number of credits a tool costs can change, for example when a model provider changes its price. A change never reduces the number of credits already in your balance, and you always see the current cost before you start a job.

If HoopoePro closes

If we permanently shut down the Service, we will give you at least 30 days' notice by email. We will refund the unused credits you paid for during the 12 months before our notice, at the price you paid for them.

5. Payments and the monthly plan

Payments

Payments are handled by Stripe, Inc. We do not see or store your full card number. By paying, you allow us and Stripe to charge your payment method for the amount shown at checkout, plus any sales or use taxes that apply. Prices are in U.S. dollars.

Automatic renewal

If you choose the monthly plan, it renews automatically every month and your payment method is charged the plan price shown at checkout, plus tax, until you cancel. Before you subscribe, we show you the price, how often you will be charged and how to cancel, and we ask you to agree to the renewal. We send you a receipt that confirms these terms.

Cancel any time

You can cancel the monthly plan at any time online in your account settings, with no need to call or write to us. You can also cancel by emailing contact@hoopoepro.com. Cancellation takes effect at the end of the current billing period, so you will not be charged again. Credits you already received stay in your balance.

Price changes

If we change the monthly plan price, we will email you at least 30 days before the new price applies, and you can cancel before then. Where the law requires it, we will also send renewal reminders.

Failed payments

If a renewal payment fails, we may try again and may pause the plan until payment succeeds. Credits you already have are not affected.

6. Refunds

Refunds are covered by our Refund Policy, which is part of these Terms.

7. Your content

What counts as your content

"Inputs" are the things you give the Service, such as prompts, text, scripts, pictures, videos, voice recordings and character details. "Outputs" are the pictures, videos, audio and text the Service makes for you. Inputs and outputs together are "your content".

You own your content

As between you and HoopoePro, you keep all rights you have in your inputs, and we assign to you any rights we have in your outputs. You may use your outputs for personal or commercial purposes, as long as you follow these Terms and the law.

Please know that, under current U.S. law, material made by AI without enough human creative input may not be protected by copyright, and the same or similar outputs may be made for other users. We do not promise that any output is unique or that you can register a copyright in it.

The permission you give us

You give HoopoePro a worldwide, non-exclusive, royalty-free license to host, store, copy, process, change the format of and display your content only as needed to run, secure and improve the Service for you, to follow the law and to enforce these Terms. This includes sending your content to the AI providers you choose so they can make your outputs. This license ends when your content is deleted, except for copies we must keep by law or in short-term backups.

No training on your content

We do not use your content to train AI models, and we choose providers whose terms for paid API use do not allow them to train on it. We do not sell your content.

Your responsibility

You are responsible for your content and how you use it. You confirm that you have all rights and permissions needed for your inputs, including permission from every person whose face, body or voice appears in them, and that your content and its use do not break these Terms or anyone else's rights.

Telling people it is AI

Some laws and platforms, including YouTube, Instagram and TikTok, require you to label realistic content made or changed with AI. You are responsible for following those rules when you publish outputs.

8. Rules for using HoopoePro

You agree not to use the Service, or let anyone else use your account, to make, upload or share content that:

• shows or suggests the sexual abuse or sexualization of anyone under 18, in any form, including drawn, animated or AI-made images;
• is sexual, nude or intimate content showing a real, identifiable person, or that places a real person's face on such content;
• harasses, bullies, threatens, stalks or defames anyone, or encourages violence or self-harm;
• promotes terrorism or violent extremism, or praises mass violence;
• pretends to be a real person, company or government in a way meant to trick people, including fake endorsements and fake news footage;
• is meant to mislead voters about elections, voting or candidates;
• helps with fraud, scams, phishing, identity theft or getting around identity checks;
• gives instructions for weapons, dangerous chemicals or other serious harm;
• infringes someone's copyright, trademark, privacy, publicity or other rights;
• contains malware or is otherwise illegal.

You also agree not to:

• get around, test or break our safety filters, rate limits, spending limits or security, or the safety systems of our providers;
• scrape the Service, use bots to create accounts, or access the Service other than through the tools we provide;
• resell, rent or share access to the Service or your account, unless we agree in writing;
• copy the Service or use it to build a competing product;
• break the usage policies of the AI providers whose models you choose, which we may show in the Service.

9. Real people's faces and voices

Some tools let you use a photo, video or voice of a person, for example to make a photo talk, swap a person in a video or save a character. These tools need extra care.

• Use yourself, or people who agree. Upload a real person's face, body or voice only if it is you, or if that person has given you clear permission for the way you will use it. If the person is under 18, do not upload them unless you are their parent or legal guardian, and never use these tools to make sexual, embarrassing or harmful content of a minor.
• No deceptive fakes. Do not make realistic content of a real person saying or doing something they did not say or do in a way that could fool people or harm them. Parody and commentary are allowed only when it is clear that the content is not real.
• Respect voice and likeness laws. Many states protect a person's name, image, likeness and voice. You are responsible for following them.

We may block or limit these tools, ask you to confirm consent, or remove content and accounts that break these rules.

10. Safety, moderation and reporting

We use automated filters and, in limited cases, human review to keep the Service safe and to follow the law. We may refuse a request, block an output, remove content, or limit or close an account if we believe it breaks these Terms or the law. We are not required to watch all content, and we cannot catch everything.

Report content

Anyone can report content made with HoopoePro by emailing contact@hoopoepro.com with the subject "Report". Tell us where the content is, why you are reporting it and how to reach you.

Intimate images shared without consent

If content made with HoopoePro shows you, or someone you are allowed to act for, in an intimate way without consent, email contact@hoopoepro.com with the subject "Removal request". Include enough to find the content, a statement that it was shared without consent, and your physical or electronic signature. We will remove the content and any known copies we host within 48 hours of a valid request, as the federal TAKE IT DOWN Act requires.

Child safety

We report apparent child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC), as federal law requires, and we cooperate with law enforcement.

11. Copyright complaints (DMCA)

We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act ("DMCA"). If you believe content on the Service infringes your copyright, send a written notice to our designated agent with:

1. your physical or electronic signature;
2. a description of the copyrighted work you say is infringed;
3. where the material is on the Service, with enough detail for us to find it;
4. your name, address, phone number and email;
5. a statement that you believe in good faith that the use is not allowed by the copyright owner, its agent or the law; and
6. a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or allowed to act for the owner.

Designated agent: Copyright Agent, HoopoePro LLC, [mailing address], contact@hoopoepro.com (subject "DMCA").

If your content was removed and you believe that was a mistake or that you have the right to use it, you can send a counter-notice with the information listed in 17 U.S.C. § 512(g)(3). We may restore the content after 10 to 14 business days unless the person who complained tells us they have filed a lawsuit.

We close the accounts of users who repeatedly infringe others' rights, in appropriate cases.

12. AI providers and other services

The Service relies on other companies, including AI model providers, payment processors, hosting and storage providers. Their services may change, slow down or stop, and models may be updated, renamed or removed. When that happens we may change or remove tools. We are not responsible for services we do not control, but we will try to give you good alternatives, and failed jobs are still refunded in credits as described above.

Links to other websites are for convenience only. We do not control those websites and are not responsible for them.

13. Changes to the Service and these Terms

We improve the Service often and may add, change or remove features. If we make a material change to these Terms, we will tell you by email or in the Service at least 14 days before the change applies, unless the change is needed sooner for legal or safety reasons. If you keep using the Service after a change applies, you accept the new Terms. If you do not agree, you can stop using the Service and close your account, and our Refund Policy still applies to you.

14. Suspension and closing accounts

You can close your account at any time from your account settings or by emailing contact@hoopoepro.com.

We may suspend or close your account, or remove content, if you break these Terms, if your use creates legal risk or harm for others or for us, if we must do so by law, or if your account has been inactive for more than 24 months and you do not reply to our email. Except in cases of serious or repeated violations, fraud, legal requirements or risk of harm, we will tell you first and give you a chance to respond.

If we close your account without cause, we will refund the unused credits you paid for. If we close it because you broke these Terms, unused credits are lost, except where the law says otherwise. Sections that by their nature should continue after your account closes, including sections 7, 11, 15, 16, 17, 18 and 19, will continue.

15. Disclaimers

THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT ALLOWED BY LAW, HOOPOEPRO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AI OUTPUTS CAN BE WRONG, UNEXPECTED, OFFENSIVE OR SIMILAR TO EXISTING WORKS. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ANY OUTPUT WILL MEET YOUR NEEDS OR BE FREE OF THIRD-PARTY RIGHTS. CHECK OUTPUTS BEFORE YOU RELY ON THEM OR PUBLISH THEM. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

16. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, HOOPOEPRO AND ITS OWNERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT BE MORE THAN THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, OR (B) $100. THESE LIMITS APPLY TO ALL THEORIES OF LIABILITY AND EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE. THEY DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED BY LAW, SUCH AS LIABILITY FOR OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD.

17. Indemnity

To the extent allowed by law, you will defend, indemnify and hold harmless HoopoePro and its owners, employees and contractors from any claims, losses, damages, fines and costs, including reasonable attorneys' fees, that come from your content, your use of outputs, or your breaking these Terms or the law, or someone else's rights. We will tell you about the claim, and we may choose to take part in the defense with our own lawyer at our own cost.

18. Disputes and arbitration

Talk to us first

Most problems can be solved quickly. Before starting any formal case, email contact@hoopoepro.com with the subject "Dispute", your name, your account email and a description of the problem and what you want. Both sides agree to try in good faith to solve it within 60 days.

Binding individual arbitration

If we cannot solve it, you and HoopoePro agree that any dispute, claim or controversy arising from or related to the Service or these Terms ("Dispute") will be decided by binding individual arbitration, not in court, except as listed below. The arbitration will be run by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which are available at adr.org. The Federal Arbitration Act governs this section. The arbitrator decides all questions, including whether a Dispute must be arbitrated, except that a court decides questions about the class action waiver below. Hearings may be held by video or phone, or in the county where you live. We will pay arbitration fees as the AAA rules require for consumer cases.

Exceptions

Either side may bring an individual claim in small claims court if it qualifies, and either side may ask a court to stop the infringement or misuse of intellectual property.

No class actions

You and HoopoePro may bring claims against each other only individually, and not as a plaintiff or class member in any class, group or representative proceeding. The arbitrator may not combine claims of more than one person. If this waiver is found unenforceable for a claim, that claim must be decided in court, not in arbitration.

Opt out within 30 days

You can opt out of this arbitration agreement by emailing contact@hoopoepro.com with the subject "Arbitration opt-out", your name and your account email, within 30 days after you first accept these Terms. Opting out does not affect any other part of these Terms.

Time limit

To the extent allowed by law, any claim must be brought within one year after it arises, or it is permanently barred.

19. General terms

Governing law and courts. The laws of the State of Texas and applicable U.S. federal law govern these Terms, without regard to conflict-of-law rules. For any Dispute that is not arbitrated, you and HoopoePro agree to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas.

Export and sanctions. You will follow all U.S. export control and sanctions laws when you use the Service.

Entire agreement. These Terms, the Privacy Policy and the Refund Policy are the whole agreement between you and HoopoePro about the Service.

Assignment. You may not transfer these Terms or your account without our written consent. We may transfer them as part of a merger, sale of assets or reorganization, and we will tell you if we do.

Severability and waiver. If any part of these Terms is found unenforceable, the rest stays in effect. Not enforcing a right is not a waiver of it.

Events outside our control. We are not responsible for delays or failures caused by events we cannot reasonably control, such as outages at providers, internet failures, natural disasters, war or government action.

Notices. We may send notices to the email on your account. You may send notices to the address below.

20. Contact us

HoopoePro LLC
[mailing address]
Email: contact@hoopoepro.com