Terms of Service

Effective Date: June 19, 2026

Welcome to Brainrotify! These Terms of Service ("Terms") are a binding legal agreement between you and Brainrotify ("Brainrotify," "we," "us," or "our") governing your access to and use of our websites, applications, developer API, and related services (collectively, the "Service").

IMPORTANT NOTICE: THESE TERMS CONTAIN A MANDATORY BINDING ARBITRATION PROVISION AND A CLASS-ACTION WAIVER (SECTION 15). THEY AFFECT HOW DISPUTES ARE RESOLVED. PLEASE READ THEM CAREFULLY.

1. Agreement to Terms

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, you may not use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.

2. Eligibility

You must be at least 13 years old to use the Service. If you are under the age of majority in your jurisdiction (typically 18), you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to these Terms. The Service is not directed to children under 13, and we do not knowingly collect their data. You represent that you are not barred from using the Service under any applicable law and that you will comply with all laws when using it.

3. Accounts & Security

You are responsible for safeguarding your account credentials and any API keys, and for all activity that occurs under your account. You agree to provide accurate information, to keep it current, and to notify us promptly of any unauthorized use or security breach. We are not liable for any loss arising from unauthorized use of your account or keys.

4. The Service & License to Use

The Service provides AI-powered tools for creating and editing media, including short-form and faceless video generation (e.g., brainrot, story, Reddit-style, iMessage-style, quiz, conversation, and avatar formats), AI audio (song generation, lyric swapping, and voice conversion/cloning), related creator utilities, and a developer API. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes. We may add, change, suspend, deprecate, or remove features (including specific tools or API endpoints) at any time.

5. Credits, Subscriptions & Payment

a. Credits. Use of the Service consumes "credits." Credits are a limited license to use the Service, have no cash value, are non-refundable and non-transferable, cannot be redeemed for money, and may expire or be reset according to your plan (for example, free-tier allotments reset on a periodic basis and may be subject to lifetime caps; paid-plan credits may or may not roll over as described at purchase). We may change credit costs, allotments, and rules at any time.

b. Subscriptions & Auto-Renewal. Paid plans are billed in advance on a recurring (monthly or annual) basis and automatically renew until cancelled. You authorize us and our payment processor to charge your payment method for the then-current fee plus applicable taxes each billing period.

c. Cancellation & Refunds. You may cancel at any time through your account settings or billing portal; access continues through the end of the current billing period. All payments and credit purchases are final and non-refundable, except where required by law.

d. Price Changes. We may change prices, plans, or credit allotments with reasonable notice (at least 30 days for existing subscribers' recurring price). Continued use after a change takes effect constitutes acceptance.

e. Taxes & Chargebacks. You are responsible for all applicable taxes. Initiating a chargeback or payment dispute without first contacting us may result in suspension or termination of your account.

6. Acceptable Use

You agree not to use the Service to create, upload, or distribute content, or to act, in any way that:

  • infringes any copyright, trademark, patent, trade secret, publicity, privacy, or other right;
  • creates a "deepfake," voice clone, or likeness of any real person without that person's express, documented consent;
  • impersonates any person or entity, or falsely implies sponsorship, endorsement, or affiliation;
  • is unlawful, defamatory, harassing, threatening, hateful, or that bullies, demeans, or incites violence;
  • is sexually explicit, or that sexualizes, exploits, or endangers minors in any way (such content is strictly prohibited and will be reported to authorities);
  • is fraudulent, deceptive, or constitutes misinformation likely to cause harm;
  • violates the rules, terms, or content policies of any third-party platform on which you publish (e.g., TikTok, YouTube, Instagram, Spotify);
  • probes, scans, or tests the vulnerability of, or attempts to breach, our systems; or
  • abuses, overloads, scrapes, reverse-engineers, or circumvents any limits, security, or access controls of the Service.

We may, but are not obligated to, monitor, review, refuse, or remove content, and may suspend or terminate accounts that violate these Terms.

7. Character Likenesses, Voices & Right of Publicity

The Service may let you generate content that references, imitates, or approximates well-known characters, public figures, brands, or voices ("Likenesses"). You acknowledge and agree that:

  • such outputs are AI-generated approximations intended for commentary, parody, satire, and entertainment, and are not authorized, endorsed by, or affiliated with any rights holder;
  • Brainrotify grants you no right or license to any third-party intellectual property, trademark, character, name, voice, or likeness, and does not clear, license, or determine "fair use" for you;
  • you are solely responsible for ensuring your creation and use of any output complies with all applicable laws, including copyright, trademark, and right-of-publicity/personality laws in your jurisdiction; and
  • you will not use any Likeness to defame, harass, mislead, falsely endorse, or commercially impersonate any person or brand.

8. Intellectual Property & Content Ownership

a. Our IP. We and our licensors own all right, title, and interest in and to the Service and all associated software, models, designs, and intellectual property. No rights are granted except as expressly stated.

b. User Content & License. You retain ownership of the audio, video, images, and text you upload ("User Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, and transmit your User Content solely to operate, provide, secure, and improve the Service (including transmitting it to the third-party providers in Section 12).

c. Your Warranty. You represent and warrant that you own or have all necessary rights, licenses, and consents to your User Content and to create your outputs, and that they do not violate these Terms or any third-party right.

d. Generated Content. Subject to your compliance with these Terms, as between you and us, you own the content you generate ("Generated Content"). You acknowledge that (i) AI outputs may not be eligible for copyright protection, (ii) outputs are not guaranteed to be unique and similar outputs may be generated for others, and (iii) your ownership does not override any third-party rights in underlying or referenced material.

e. Feedback. If you give us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation.

9. AI-Generated Content Disclaimers

Outputs are produced by automated AI systems and may be inaccurate, offensive, nonsensical, biased, or similar to existing works. We do not warrant that outputs are accurate, original, non-infringing, or fit for any purpose. You are responsible for reviewing, editing, and verifying any output before publishing or relying on it.

10. Copyright Policy (DMCA)

We respect intellectual property rights and respond to valid notices of alleged infringement under the DMCA and similar laws. If you believe content on the Service infringes your copyright, send a written notice with the required information (identification of the work, the material, your contact information, a good-faith statement, and a statement under penalty of perjury) to [email protected]. We may remove allegedly infringing material and terminate repeat infringers.

11. Developer API

If you use our API, you additionally agree that: (a) API keys are confidential and you are responsible for all usage under your keys; (b) you will comply with rate limits, quotas, and documented usage rules, and will not resell, sublicense, or expose the raw API to end users except as permitted; (c) API credits are governed by Section 5 and may be priced and metered separately from consumer credits; (d) we may throttle, suspend, version, deprecate, or discontinue any endpoint or the API as a whole, with or without notice; and (e) you will not use the API to build a product that materially replicates or competes with the Service.

12. Third-Party Services

The Service relies on third-party providers, including (without limitation) OpenAI, ElevenLabs, Replicate, Fal.ai, Suno, Cloudflare, Google, and Stripe. To provide functionality, your User Content and prompts may be transmitted to and processed by these providers, and your use may also be subject to their terms. We are not responsible for third-party services, and your use of them is at your own risk.

13. Indemnification

You agree to defend, indemnify, and hold harmless Brainrotify and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use of the Service; (ii) your User Content or Generated Content; (iii) your violation of these Terms or any law; or (iv) any allegation that your content or use infringes or violates the rights of a third party (including copyright, trademark, privacy, or publicity rights).

14. Disclaimers & Limitation of Liability

a. "AS IS." THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

b. Limitation. TO THE FULLEST EXTENT PERMITTED BY LAW, BRAINROTIFY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR CONTENT. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) USD $100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

15. Dispute Resolution, Arbitration & Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

a. Informal Resolution First. Before filing a claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

b. Binding Arbitration. Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, rather than in court, administered under the rules of a recognized arbitration provider. Judgment on the award may be entered in any court of competent jurisdiction.

c. Class-Action Waiver. YOU AND BRAINROTIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims.

d. Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.

e. Opt-Out. You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms, stating your name and intent to opt out.

16. Term & Termination

These Terms apply while you use the Service. You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, for any reason, including suspected violation of these Terms. Upon termination, your license ends and we may delete your account and content. Sections that by their nature should survive (including Sections 5, 7–9, 13–15, and 18) will survive termination.

17. Changes to the Service and Terms

We may modify these Terms at any time by posting the updated version with a new effective date. Material changes will be made reasonably prominent. Your continued use after changes take effect constitutes acceptance. If you do not agree, stop using the Service.

18. General Provisions

a. Governing Law. These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Subject to Section 15, the state and federal courts located in California will have exclusive jurisdiction.

b. Entire Agreement; Severability; Waiver. These Terms and the Privacy Policy are the entire agreement between you and us. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.

c. Assignment. You may not assign these Terms without our consent; we may assign them freely, including in connection with a merger, acquisition, or sale of assets.

d. Force Majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

e. Electronic Communications. You consent to receive communications from us electronically, and agree that electronic agreements and notices satisfy any legal requirement that they be in writing.

19. Contact

Brainrotify — [email protected]