Last modified: April 21, 2025
These Terms & Conditions constitute an agreement (the “Agreement”) between you (hereinafter “You” or “Licensee”) and CraftStory, Inc., a Delaware corporation, having its principal place of business at 5201 Great America Parkway, Suite 320, Santa Clara, CA 95054, United States, and its affiliates (collectively, “CraftStory”). This Agreement, which is in electronic form, governs your use of CraftStory’s services as further described herein. CraftStory’s Privacy Policy is hereby incorporated by reference in its entirety into this Agreement. You consent to have this Agreement in electronic form and agree that your electronic assent to this Agreement shall be deemed to represent your signature to this Agreement such that a legally-binding contract is created between you and CraftStory.
We reserve the right to change or modify this Agreement at any time and your continued use of our website, App (as such term is defined herein) and other products and services will indicate your assent to such modified Agreement.
If your account is for a business entity, you represent and agree that (i) you are entering into this agreement on behalf of the company or other legal entity (collectively, the “Business User”) that you have specified, (ii) that your account is for, and held in the name of, such Business User, (iii) such Business User has full legal capacity and is in good standing in the jurisdiction in which it is formed, (iv) you have full legal capacity and authority to bind yourself individually and such Business User to this Agreement (including, without limitation, with respect to the publicity rights set forth in Section 12), and (iv) the terms “you” or “your,” as used herein shall, unless the context otherwise reasonably requires, refer to both (A) such Business User, and (B) the individual or individuals (the “Individual User(s)”) accessing or using the Service as authorized or invited by such Business User; provided, however, that each such Individual User(s) shall remain vicariously liable and be required to comply with this Agreement even though the account may be held in the name of the Business User. If you do not meet the requirements above, or if you do not agree with these terms and conditions, you may not use our App (as such term is defined herein), products and/or services.
1.1 Licensee orders the following CraftStory services during the applicable term (the “Subscription Term,” which shall include the full duration of the Initial Term and any Renewal Term collectively), in exchange for the fees (if any) set forth during the order process:
CraftStory shall provide Licensee (and, if Licensee is a business entity, Licensee’s Authorized Users) with the right to use CraftStory’s application to collect and process images, graphics, video and audio information, as applicable (the “App”), in order to create AI videos for Licensee for any lawful purpose (as used in conjunction with the App, the “Service”). Subject to the payment of the applicable licensing fees, the Service may be provided via CraftStory’s cloud server or, subject to Section 4.5, on Licensee’s local server (the “Local Server”) which contains CraftStory’s App.
2.1 “App” has the meaning set forth in Section 1.1 (as such App may be modified or withdrawn by CraftStory at any time in its sole and absolute discretion), including Documentation, along with any releases, updates, or upgrades, licensed to Licensee under the terms of this Agreement.
2.2 “Authorized Users” means Licensee’s employees and contractors which Licensee authorizes to use the Services on Licensee’s behalf; provided, however, that (i) Licensee may not authorize any other third parties to use the Services without CraftStory’s prior written consent, and (ii) CraftStory reserves the right to restrict certain types of contractors from using the Service as determined in its sole discretion.
2.3 “Claim” shall have the meaning set forth in Section 13.1.
2.4 “Confidential Information” means a discloser’s non-public written information, in any form, and all copies, summaries and extracts, which are identified as confidential at the time of disclosure. Confidential Information does not include information that:
(A) is or becomes generally publicly available at the time of disclosure or subsequently through no fault of recipient,
(B) was known to recipient, free of any confidentiality obligations, before its disclosure by discloser,
(C) becomes known to recipient, free of any confidentiality obligations, from a source other than discloser, or
(D) is independently developed by recipient without use of the Confidential Information.
2.5 “Documentation” means any information published by CraftStory including, without limitation, reference material, help documentation and product information on CraftStory’s website, relating to the use of CraftStory product and services, including the App.
2.6 “Initial Term” shall have the meaning set forth in Section 6.1.
2.7 “Service” shall have the meaning set forth in Section 1.1.
2.8 “Licensee Data” means Licensee’s electronic data or information (including, without limitation, Licensee’s (i) Confidential Information, (ii) images, (iii) videos, (iv) audio data, and/or (v) graphics data) which may be created or processed by CraftStory’s App and/or stored on CraftStory’s servers.
2.9 “Local Server” shall have the meaning set forth in Section 1.1.
2.10 “Marks” shall have the meaning set forth in Section 12.1.
2.11 “Order Form(s)” means the Agreement or any other document agreed to, or referenced, by the parties (including via electronic means) that describes the subscription that is being ordered by Licensee, including applicable fees.
2.12 “Professional Services” means any services required for Licensee to implement and use the App as detailed in a separate written agreement, which may include, configuration, implementation, customization, consulting, and training.
2.13 “Renewal Term” shall have the meaning set forth in Section 6.1.
2.14 “Tax(es)” means any tax, fee, or cost not based on Licensee’s net income or capital, including without limitation any sales, excise, value added, use, customs, tariffs, imports, government proposed surcharges, withholding, social security, unemployment, duties, levies, and similar taxes and any fees, penalties, or interest associated with any of the foregoing.
2.15 “Trademark License” shall have the meaning set forth in Section 12.1.
2.16 “Trademark Licensee” shall have the meaning set forth in Section 12.2.
2.17 “Unintended Results” shall mean any unintended results or unintended functionality (or lack thereof) caused by any factors whatsoever that ultimately result from any use of CraftStory’s Service, App or website.
3.1 Subject to the payment of fees set forth in the Order Form, CraftStory grants Licensee a non-exclusive, non-transferable, non-sublicenseable (except to Authorized Users), revocable license during the Term to access and use the App solely for the purpose of allowing Licensee to create digital content such as videos, for its own economic benefit, in conformance with (i) all applicable laws, (ii) third party rights, (iii) CraftStory’s Acceptable Use and Moderation Policy, and (iv) any other restrictions set forth herein (the “License”). Upon notice to Licensee, CraftStory shall have the right to exclude the App from being used to create any content which CraftStory deems to be objectionable, controversial, illegal or in violation of any third-party rights (including, without limitation, with respect to any pornographic use), as determined in CraftStory’s sole and absolute discretion; provided, however, that CraftStory shall have no duty to monitor Licensee’s or Licensee’s Authorized Users’ use of the App. Any content accessed on or through the App, the Service or CraftStory’s website may only be used for a legitimate purpose authorized by the License.
3.2 Notwithstanding Section 3.1 above, the License specifically excludes, and Licensee is expressly prohibited from creating or using, any outputs generated by CraftStory’s products and services (including, without limitation, CraftStory’s App and any other of its products or services) (collectively, “Outputs”), for the purpose of creating, training, improving or fine-tuning any artificial intelligence (AI) models, machine learning models, or any computational algorithms. Such exclusion and prohibition shall also extend to any derivatives, transformations, or compilations of such Outputs. CraftStory reserves the right to monitor compliance with the terms of this Agreement. In the event CraftStory becomes aware of any use of Outputs in violation of this Agreement, CraftStory reserves the right to take appropriate legal action, including, without limitation, immediately terminating the License, terminating your account, seeking injunctive relief, and pursuing any other remedies available to CraftStory under this Agreement or applicable law.
3.3 Licensee shall be fully responsible for (i) any action or inaction taken by Licensee’s Authorized Users, and (ii) the compliance of Licensee’s account with the terms of this Agreement, independent of whether or not a party was authorized by Licensee to use Licensee’s account.
4.1 Each individual accessing the Service must have a separate, authorized account log-in. Account sharing is strictly prohibited. User credentials, including but not limited to usernames and passwords, may not be shared, transferred, or used by more than one individual.
4.2 The Service is licensed on a per-user basis, and each user must be assigned a distinct account, billed individually or as part of a team subscription. Notwithstanding any other provision herein, if an account is found to be accessed by multiple individuals, the Company reserves the right to: (i) charge additional fees based on the actual number of users, (ii) suspend or terminate the violating account(s), and/or (iii) pursue any other remedies available under this Agreement. By using the Service, you acknowledge and agree to these restrictions and accept full responsibility for ensuring compliance within your organization.
5.1 All fees and rates are set out in the Agreement and payable in full in advance. Notwithstanding any other provision contained in this Agreement, in no event shall any refund of fees be due, including, without limitation, in connection with termination of this Agreement by CraftStory or Licensee. All fees are denominated in U.S. dollars. All unpaid invoices or amounts due that are not subject to a good faith dispute are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum amount permitted by law, whichever is lower, plus all reasonable expenses of collection.
5.2 All fees are exclusive of Taxes imposed by taxing authorities and Licensee shall be responsible for payment of all such Taxes (excluding taxes based on CraftStory’s income), even if such amounts are not listed in the Agreement. No part of CraftStory’s compensation under this Agreement will be subject to withholding for any Taxes or other required payments.
5.3 Additional costs for travel expenses, if any, will be reimbursed with Licensee’s prior written consent.
5.4 CraftStory reserves the right to increase or decrease all future fees at any time and for any reason in its sole and absolute discretion.
5.5 If CraftStory agrees to allow Licensee to use a Local Server then Licensee shall (i) pay CraftStory set-up and support fees to be mutually-agreed between CraftStory and Licensee in writing, and (ii) upon request, give CraftStory prompt access to the Local Server at a time and place which is reasonably convenient to CraftStory and Licensee (but in no event later than thirty (30) days after such request has been made).
6.1 Term. The term of this Agreement will begin on the Effective Date and will continue until the subscription end date, as identified in the Agreement (the “Initial Term”). Following the Initial Term or any Renewal Period as defined below, this Agreement will automatically renew for a subsequent term (each, a “Renewal Period”), unless otherwise agreed by the parties electronically or in writing.
6.2 Termination for Breach. Either party may terminate this Agreement should the other party breach any of its material obligations and the breach continues uncured for 10 days after written notice to the breaching party. Provided, however, that CraftStory may terminate this Agreement immediately (i) for the non-payment of any outstanding fees, (ii) if Licensee’s or Licensee’s Authorized Users breach applicable law or any third-party rights in connection with or arising out of the use of the App, or (iii) if Licensee or Licensee’s Authorized Users breach Section 3.
6.3 Termination due to Bankruptcy. Either party may terminate the Agreement with written notice if either party is adjudicated bankrupt, files a voluntary petition of bankruptcy, makes a general assignment for the benefit of creditors, is no longer able to function in the normal course of business, or if a receiver is appointed on account of insolvency.
6.4 Termination for Convenience. Either party may terminate this Agreement at any time effective upon thirty (30) days’ written notice. Licensee’s only obligation to CraftStory on termination will be to pay any unpaid charges for fees incurred or services performed up to the effective date of termination. Termination by Licensee will not entitle Licensee to any refund for any amounts paid or payable to CraftStory, including, without limitation, in connection with the license to the App, support services or otherwise.
6.5 Survival. On termination or expiration of this Agreement, each party will be released from all obligations and liabilities to the other party occurring or arising after that date; except that any termination or expiration will not relieve the parties of their obligations under Sections 2 and 5 through 14, nor will termination relieve the parties from liability arising from breach of this Agreement.
7.1 Licensee and Licensee’s Authorized Users have no right or claim to CraftStory’s intellectual property rights, including, without limitation, in and to the App, the Documentation, the Professional Services, or to CraftStory’s Confidential Information. Licensee will notify CraftStory if Licensee becomes aware of any potential infringement of CraftStory’s rights.
7.2 Except as reasonably necessary to provide the Service, CraftStory has no intellectual property rights or other claim to the Licensee Data that is hosted, stored, or transferred to and from the App.
7.3 Licensee and its Authorized Users will not:
(A) use trademarks, trade names, service marks, logos, domain names, other distinctive brand features separate from the App, the Professional Services, or the Documentation without the express written consent of CraftStory;
(B) remove, obscure, or alter any copyright notice, trademark, or other proprietary right appearing in or on any item included with the App, or the Documentation;
(C) copy, modify, adapt, alter, translate, or create derivative works from the App;
(D) merge the App with other application or software;
(E) except with respect to Authorized Users, distribute, sublicense, lease, rent, loan, or otherwise transfer the App to any third party;
(F) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the App;
(G) take any action that would breach CraftStory’s rights, including, without limitation, CraftStory’s copyrights in the App and Documentation;
(H) infringe or violate, or permit others to infringe or violate, any third-party rights or applicable law in connection with its or others’ use of the App.
Without limiting the foregoing, Licensee will not use the App in any manner with respect to images, models or other identifying characteristics of individuals who have not first provided their informed consent for such use to Licensee.
7.4 Notwithstanding any other provision of this Agreement, Licensee acknowledges and agrees that although CraftStory strives to provide high-quality digital content, CraftStory shall have no obligation or liability (financial or otherwise) for the quality, merchantability, legality or fitness for a particular purpose of any digital content created in connection with this Agreement.
8.1 A recipient of Confidential Information hereunder will:
(A) use Confidential Information only as necessary to perform its obligations under this Agreement,
(B) hold Confidential Information with the same level of care that it holds its own Confidential Information (but in any event with no less than a reasonable level of care),
(C) disclose Confidential Information to only those third parties who provide services to the Recipient and have previously agreed in writing to protect third party confidential information to the same extent as required in this Agreement, and
(D) either promptly deliver or promptly destroy (and certify the destruction to the discloser) all Confidential Information and copies in the recipient’s possession at the discloser’s request and at the expiration or termination of this Agreement; provided, however, that recipient may retain a single copy solely for back-up or archival purposes.
8.2 If a party receives a court order or is otherwise required by law to disclose any Confidential Information obtained from a discloser, the receiving party must: (A) to the extent allowable by applicable law, notify the discloser immediately on receipt of the court order, and (B) if Confidential Information is to be filed with a court, file it under seal or request that the court seal the Confidential Information before disclosure.
8.3 Except as may be required by court order or law, a recipient’s obligations regarding Confidential Information will remain in full force and effect. The recipient acquires no licenses or other rights to Confidential Information under this Agreement.
8.4 Notwithstanding any other provision contained herein, you acknowledge, consent and agree that CraftStory may access, preserve and disclose your account information and content if required to do so by any applicable law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any applicable legal process; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CraftStory, its users and the public.
9.1 CraftStory represents and warrants to Licensee that to its knowledge the App will not infringe any third-party intellectual property rights; provided, however, that no representation is made with respect to any (i) content, videos, images or any other output or work created in connection with Licensee’s or its Authorized User’s use of the App or Service, and (ii) any content, videos, images or any other input uploaded to, or used in connection with, the Service by Licensee and/or its Authorized Users.
9.2 Licensee represents and warrants to CraftStory that the use of CraftStory’s products and services, including, without limitation, the App, by Licensee, Licensee’s Authorized Users and any third-parties who hold or otherwise possess Licensee Data, shall only be for legal purposes and shall otherwise comply with all applicable legal requirements and third-party rights whether existing now or in the future.
10.1 Indemnity by CraftStory. CraftStory will defend, indemnify, and hold Licensee, its officers, directors, employees, customers, and agents, harmless from and against any and all third-party claims related to or arising out of: (A) CraftStory’s gross negligence or willful misconduct, and (B) CraftStory’s knowing infringement of a U.S.-registered intellectual property rights of a third party in connection with Licensee’s use of the App; provided, however, that (i) Licensee will supply CraftStory with prompt written notice of any claims to support@craftstory.com, and (ii) CraftStory will have sole control of the defense of any claims.
10.2 CraftStory Indemnity Options. If an Infringement Claim endangers or disrupts Licensee’s use of the App, CraftStory may, in its sole discretion and at no charge to Licensee: (A) obtain a license for Licensee’s continued use of the App, (B) modify the App to avoid infringement without materially impairing the functionality, (C) replace the App with a compatible, functionally equivalent, and non-infringing replacement; or, if options (A) through (C) cannot be accomplished under commercially-reasonable terms, immediately terminate this Agreement, and refund a pro-rata portion of fees paid.
10.3 Indemnity by You. You (including both the Business User and each of the Individual User(s)) will defend, indemnify, and hold CraftStory, its parent, subsidiaries, affiliates and its and their respective officers, directors, employees, stockholders, customers, agents and other representatives harmless from and against any and all third party claims related to or arising out of (i) Licensee’s breach of this Agreement, (ii) Licensee’s Data, (iii) Licensee’s or its Authorized Users breach of applicable law and/or third party rights, and (iv) Licensee’s or its Authorized Users’ gross negligence or intentional misconduct.
12.1 Reciprocal License. Notwithstanding any other provision of this Agreement, each party hereby grants to the other party a non-exclusive, royalty-free, non-transferable, worldwide license to use and reproduce such party’s trademark(s), service mark(s) and/or logo(s) (the “Marks”) on the other party’s website(s) and in presentations in order to publicize the business relationship between the parties in connection with the Agreement (the “Trademark License”).
12.2 Restrictions. Each party (the “Trademark Licensee”) shall use the other party’s (the “Trademark Licensor”) Marks in conformance with Trademark Licensor’s reasonable trademark usage policies as communicated to Trademark Licensee in writing from time to time. Trademark Licensee shall not attempt to register any of Trademark Licensor’s Marks, nor shall it adopt any derivative or confusingly similar names, brands, or marks, or create any combination marks with Trademark Licensor’s Marks.
13.1 Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, CraftStory, and/or any involved third party relating to, or arising in connection with, your use of the Service, your relationship with CraftStory, or this Agreement. You, CraftStory, or any involved third party may pursue a Claim. CraftStory agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against CraftStory.
13.2 Exceptions to Binding Arbitration. As an exception to binding arbitration, you and CraftStory both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
13.3 Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim against CraftStory, you will first give CraftStory an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to CraftStory, Inc., 5201 Great America Parkway, Suite 320, Santa Clara, CA 95054; Attn: General Counsel. You agree to negotiate with CraftStory in good faith about your problem or dispute. If your problem or dispute is not resolved to your satisfaction within 60 days after CraftStory’s receipt of your written dispute, you agree to the dispute resolution provisions below.
13.4 Commencement of Arbitration. You and CraftStory agree to commence any arbitration proceeding within one (1) year after the Claim arises and that any proceeding commenced after 1 year shall be barred.
13.5 Arbitration Location. For your convenience, the arbitration may be conducted in the U.S. federal district where you reside or which is closest to you. If you are located outside the U.S. then the arbitration may be conducted in California or the U.S. federal district which is closest to your country.
13.6 Applicable Law. This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of California, without regard to principles of conflict of laws thereof.
13.7 Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply.
13.8 Arbitration Fees. You and CraftStory shall each pay half of all filing, administrative, and arbitrator fees for an arbitration initiated by you; provided, however, that CraftStory shall have the irrevocable option to pay all such fees itself in its sole discretion. The parties shall each pay their own additional fees, costs, and expenses.
13.9 Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.
13.10 Enforceability. This provision survives termination of your account or relationship with CraftStory, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable, then this entire arbitration provision shall be rendered null and void and shall not apply.
13.11 Miscellaneous. This provision is the entire arbitration agreement between you and CraftStory and shall not be modified except in writing by CraftStory.
13.12 Amendments. CraftStory reserves the right to amend this arbitration provision at any time. Your continued use of the Service is affirmation of your consent to such changes.
14.1 Relationship of Parties. CraftStory is an independent contractor and is not an agent or employee of Licensee nor its Authorized Users. Except as may be specifically set forth herein, neither party has authority to bind the other by contract or otherwise.
14.2 Assignment. The parties’ rights and liabilities will bind and inure to the benefit of their respective successors, executors, and administrators. Except in connection with a merger or sale of all or substantially all of Licensee’s business or assets, Licensee may not assign this Agreement without CraftStory’s written consent.
14.3 Conflict of Laws. This Agreement will not be governed by the conflict of laws rules of any jurisdiction, UCITA, or the United Nations Convention on Contracts for the International Sale of Goods, the application of which are expressly excluded.
14.4 Notice. Any notices will be given to the appropriate party at the address specified at the beginning of this Agreement, or as otherwise specified in writing (including, without limitation, by email). Notice will be by personal delivery, by certified or registered mail, or by reputable courier.
14.5 Complete Understanding; Modification; Waiver. This Agreement constitutes the full and complete understanding of the parties and supersedes all prior understandings and agreements. Any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by the parties. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
14.6 Force Majeure. Except for Licensee’s payment obligations, neither party shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
14.7 Export. CraftStory’s Products are subject to the U.S. Export Administration Regulations and CraftStory will comply with such regulations when providing the App.
14.8 Severability. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent necessary without invalidating the remaining portions thereof or affecting the validity or enforceability of such provision in any other jurisdiction.
14.9 Non-Electronic Copy. Licensee has the right to receive this Agreement in non-electronic form. To receive a non-electronic copy, Licensee should send an e-mail to support@craftstory.com.