Terms of Service
This AI Terms of Use (this "Agreement") is a binding contract between you or the entity you represent ("Customer", "you" or "your") and ShortsMonkey ("Provider", "we" or "us"). This Agreement governs your access to and use of the Service. The Service provided under this Agreement is for business use, not personal or consumer use.
This Agreement is effective when you first click the "Continue" button to establish access to and use of the Service (the "Effective Date"). By clicking the "Continue" button or accessing or using the Service, you (A) confirm that you have read and understand this Agreement; (B) represent and warrant that you have the right, power, and authority to enter into this Agreement, and, if you are entering this Agreement on behalf of an entity, you have legal authority to bind that entity; and (C) accept this Agreement on behalf of yourself or the entity you represent (if you are entering this Agreement on behalf of an entity) and agree that you or such entity (as applicable) are legally bound by its terms.
Important: If you do not accept these terms, you may not access or use the Service.
1. Definitions
- Aggregated Statistics
- Has the meaning set forth in Section 2(c).
- Service Suspension
- Has the meaning set forth in Section 2(e).
- Customer Input
- Information, data, materials, text, prompts, images, works, code, or other content entered, input, posted, uploaded, submitted, transmitted, or otherwise conveyed by Customer or any other Authorized User or on their behalf through the Service.
- Customer Output
- Information, data, materials, text, images, code, works, or other content that is generated or otherwise output by the Service in response to Customer Input.
- AI Technology
- Any and all machine learning, deep learning, and other artificial intelligence technology, including statistical learning algorithms, models (including large language models), neural networks, and other AI tools or methods, all software implementations of any of the foregoing, and related hardware or devices capable of generating various types of content (including text, images, video, audio, or computer code) based on prompts provided by users.
- AUP
- Has the meaning set forth in Section 3(a).
- Confidential Information
- Has the meaning set forth in Section 5.
- Customer Data
- Customer Input and Customer Output. Customer Data does not include Aggregated Statistics.
- Privacy Policy
- Has the meaning set forth in Section 6.
- Feedback
- Has the meaning set forth in Section 7(c).
- Fees
- Has the meaning set forth in Section 4.
- Personal Information
- (a) Information that identifies or can be used to identify an individual (including but not limited to name, signature, address, telephone number, email address, and other unique identifiers); or (b) information that can be used to authenticate an individual's identity (including but not limited to employee identification numbers, government-issued ID numbers, passwords or PINs, user identification and account access credentials or passwords, financial account numbers, credit report information, student information, biometric, health, genetic, medical or health insurance data, security question answers, an individual's internet activity or similar interaction history, inferences drawn from other Personal Information to create a consumer profile, geolocation data, an individual's commercial, employment or education history, and other personal characteristics and identifiers). Customer's business contact information alone is not considered Personal Information.
- Processing
- Taking any action on or performing any operation or set of operations on any data, information, or other content that the Service is capable of taking or performing, including collecting, receiving, inputting, uploading, downloading, recording, copying, storing, organizing, combining, logging, cataloging, cross-referencing, managing, maintaining, reproducing, adapting, altering, translating, or making other improvements or creating derivative works, processing, gauging, performing statistical analysis, retrieving, outputting, consulting, using, executing, displaying, disseminating, transmitting, submitting, publishing, transferring, disclosing, or otherwise making available or providing, or blocking, erasing, or destroying. "Processing" and "Processed" have correlative meanings.
- Provider Intellectual Property
- The Service, Documentation, and all intellectual property rights associated with the foregoing provided to Customer or any other Authorized User. For the avoidance of doubt, Provider Intellectual Property includes Aggregated Statistics and any information, data, or other content derived from Provider's monitoring of Customer's access to or use of the Service, but excluding Customer Data. Provider Intellectual Property includes all modifications, enhancements, improvements, adaptations, customizations, refinements, and derivative works of the Service.
- Service
- The service provided by Provider under this Agreement, as detailed on Provider's website at the application URL.
- Third-Party Products
- Any products, technology, content, data, services, information, websites, or other materials owned by a third party and included in, integrated into, or accessible through the Service, including any third-party AI Technology.
2. Access and Use
(a) Provision of Access
Subject to the terms and conditions of this Agreement, Provider hereby grants you a non-exclusive, non-transferable right to access and use the Service during the Agreement Term, solely for Authorized Users to use for your internal business operations in accordance with these terms and conditions. Provider shall provide you with the necessary passwords and access credentials to allow you to access the Service.
(b) Use Restrictions
You may not use the Service for any purpose beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly, and shall not permit any Authorized User to: (i) copy, modify, or create derivative works of the Service, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service or Documentation; (iii) reverse engineer, disassemble, decompile, decode, or copy training data, conduct model extraction, or otherwise attempt to derive or obtain any source code, algorithms, models, model weights and parameters, or other underlying AI technology or components of the Service; (iv) access or use the Service or any Customer Output to develop, train, or improve any other AI Technology; (v) use web crawlers, web scraping, web data extraction, or any other method to extract data from the Service or any Customer Output; (vi) remove any proprietary notices from the Service or Documentation; (vii) use the Service to create or generate Customer Output, or use Customer Output in a manner you know or should know would infringe, misappropriate, or otherwise violate any intellectual property rights or other rights of any person, or violate any applicable laws, regulations, or rules; or (viii) submit, input, post, or otherwise transmit or Process any Personal Information through the Service.
(c) Aggregated Statistics
Notwithstanding anything to the contrary in this Agreement, Provider may monitor Customer's use of the Service and collect and compile data and information related to Customer's use of the Service for use by Provider in an aggregated and anonymized manner, including compiling statistical and performance information related to the provision and operation of the Service ("Aggregated Statistics"). As between Provider and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider. You agree that Provider may use and publicly disclose Aggregated Statistics to the extent and in such manner as permitted by applicable law; provided that such Aggregated Statistics do not identify Customer or Customer's Confidential Information.
(d) Reservation of Rights
Provider reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Provider Intellectual Property or Third-Party Products.
(e) Suspension
Notwithstanding anything to the contrary in this Agreement, Provider may temporarily suspend Customer's and any other Authorized User's access to any portion or all of the Service if: (i) Provider reasonably determines that: (A) there is a threat or attack on any Provider Intellectual Property; (B) Customer's or any other Authorized User's use of the Provider Intellectual Property disrupts or poses a security risk to the Provider Intellectual Property or to Provider or any of Provider's other customers or suppliers; (C) Customer or any other Authorized User is using the Provider Intellectual Property for fraudulent or illegal activities; (D) Customer has ceased its normal business operations, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; (E) applicable law prohibits Provider from providing the Service to Customer or any other Authorized User; (F) Customer materially breaches Section 2(b) or the AUP in using the Service; or (ii) Provider's supplier has suspended or terminated Provider's access to or use of any third-party services or products required to enable Customer to access and use the Service. Any such suspension described in subsections (i), (ii), or (iii) is referred to as a "Service Suspension". Provider shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of the Service following any Service Suspension. Provider shall use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is resolved. Provider will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer or any other Authorized User may incur as a result of a Service Suspension.
3. Customer Responsibilities
(a) Acceptable Use Policy; Provider Policies
The Service may not be used for illegal, fraudulent, offensive, or obscene activities. You shall comply with all terms and conditions of this Agreement, all applicable laws, regulations, and ordinances, and all guidelines, standards, requirements, and policies that may be posted at the application URL from time to time.
(b) Account Usage
You are responsible and liable for all uses of the Service and Documentation resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you will be deemed a breach of this Agreement by you. You shall use reasonable efforts to make all Authorized Users aware of the provisions of this Agreement as applicable to such Authorized User's use of the Service and shall cause Authorized Users to comply with such provisions.
(c) Use of Customer Output
You are solely responsible for (i) evaluating (including through human review) the accuracy, completeness, and other factors relevant to your use of Customer Output before using, distributing, or relying on Customer Output, and (ii) decisions, actions, and omissions you make or rely on or based on Customer Output.
(d) Passwords and Access Credentials
You are responsible for keeping passwords and access credentials related to the Service confidential. You may not sell or transfer them to any other person or entity. You shall immediately notify us of any unauthorized access to your passwords or access credentials.
(e) Third-Party Products
The Service may allow access to Third-Party Products. For purposes of this Agreement, such Third-Party Products are subject to their own terms and conditions, which may be presented to you via website link or otherwise for acceptance. The Service may also contain or integrate Third-Party Products licensed or provided by third parties who require us to pass through additional terms to you. You shall comply with all such applicable pass-through terms, which may be available upon request, through Documentation, or otherwise, and may be updated, modified, or supplemented from time to time.
4. Fees and Payment
A. Purchases
If you wish to purchase any products or services made available through our Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase and that the information you supply to us is true, correct, and complete. We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide such information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons. We also reserve the right to modify the number of words charged for output or input, or to impose any usage restrictions on hourly usage, regardless of what was promised at the time of subscription. These changes will be made based on our model capacity to benefit all users and ensure uniform access to the service. We take this step in order to provide equal opportunities to each user and protect our quality of service. Finally, we reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
B. Contests, Sweepstakes and Promotions
We may from time to time offer contests, sweepstakes, or other promotions (collectively, "Promotions") through our Service. These Promotions may have separate rules that differ from these Terms and Conditions. If you choose to participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
C. Subscriptions
Some parts of our Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or ShortsMonkey cancels it. You may cancel your Subscription renewal through your online account management page or by contacting ShortsMonkey's customer support team. A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide ShortsMonkey with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you authorize ShortsMonkey to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, ShortsMonkey will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
D. Free Trial
ShortsMonkey may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by ShortsMonkey until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
E. Fee Changes
ShortsMonkey reserves the right to modify Subscription fees at any time without prior notice. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. ShortsMonkey will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
F. Refunds
Once the user has completed payment of the subscription fee, it is deemed that the user has fully understood and accepted the service content and usage rules of this product. Based on the characteristics of virtual products in subscription services and data processing costs, unless otherwise provided by laws and regulations, whether due to personal reasons of the user (including but not limited to early termination of subscription, failure to actually use the service, change of needs, etc.) or other situations not caused by platform technical failures, the subscription fee that has been paid will not be refunded.
5. Confidential Information
During the Agreement Term, Provider and Customer may from time to time disclose or make available to each other information about their respective businesses, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as "confidential" (collectively, "Confidential Information") at the time of disclosure. Without limiting the foregoing, Provider Intellectual Property is Provider's Confidential Information and Customer Data is Customer's Confidential Information. Confidential Information does not include information that, at the time of disclosure, is: (a) in the public domain; (b) known to the receiving party; (c) rightfully obtained by the receiving party from a third party on a non-confidential basis; or (d) independently developed by the receiving party. The receiving party shall not disclose the disclosing party's Confidential Information to any person or entity except to the receiving party's employees, agents, or subcontractors who have a need to know such Confidential Information for the receiving party to exercise its rights or perform its obligations under this Agreement and who are required to protect such Confidential Information with no less stringency than required by this Agreement. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required to (i) comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to such order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (ii) establish a party's rights under this Agreement, including making required court filings. Each party's non-disclosure obligations with respect to Confidential Information will be effective as of the date Confidential Information is first disclosed to the receiving party and will expire five years from the date of such disclosure; however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such non-disclosure obligations will continue after the termination or expiration of this Agreement for as long as such Confidential Information remains protected under applicable law as a trade secret.
6. Privacy Policy
Provider follows its privacy policy in providing the Service, which is available at /privacy ("Privacy Policy"). The Privacy Policy may be changed as described therein. By accessing, using, and providing information to or through the Service, you acknowledge that you have reviewed and accepted our Privacy Policy and agree to all actions taken by us with respect to your information in compliance with the then-current version of the Privacy Policy.
7. Intellectual Property Ownership; Feedback
(a) Provider Intellectual Property
Customer acknowledges that, as between Customer and Provider, except as set forth in Section 7(b), Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider Intellectual Property and, with respect to Third-Party Products, the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to the Third-Party Products. Provider hereby grants you a non-exclusive, royalty-free, perpetual, worldwide license to reproduce, distribute, and otherwise use and display the Provider Intellectual Property and Third-Party Products, but solely to the extent incorporated into Customer Output and as necessary for you to use and otherwise exploit Customer Output by Authorized Users for your internal business operations in accordance with the terms and conditions of this Agreement.
(b) Customer Data
Provider acknowledges that, as between Provider and Customer, Customer owns all right, title, and interest, including all intellectual property rights, in and to the Customer Data, except with respect to Provider Intellectual Property and Third-Party Products incorporated into Customer Output as set forth in Section 7(a) and subject to the licenses granted in this Agreement. Customer hereby grants Provider a non-exclusive, royalty-free, worldwide license to (i) reproduce, distribute, and otherwise use and display Customer Data, and Process Customer Data, as required for Provider to provide the Service to Customer, and (ii) use, modify, and adapt Customer Input and Customer Output to develop, adapt, modify, enhance, or improve the Service. Notwithstanding anything to the contrary in this Agreement, unless prohibited by applicable law, if we determine that Customer Data violates the terms of this Agreement or is necessary to delete to comply with applicable law, we may delete Customer Data at any time.
(c) Feedback
If you or any other Authorized User sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Service, including without limitation new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), we are free to use such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and shall cause your Authorized Users to assign to us, all right, title, and interest in and to any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, and we are free to use such Feedback without any attribution or compensation to you or any third party, although we are not obligated to acknowledge receipt or use any Feedback.
8. Limitation of Liability
Under no circumstances shall we be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use or inability to use our Service.
9. Changes to Terms
We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on this page. Your continued use of the Service after we post changes constitutes your acceptance of the updated Terms.
10. Contact Us
If you have any questions about these Terms, please contact us at:
We will respond to all legitimate inquiries.