Terms of Service
Last updated: January 14, 2025
1. Acceptance of Terms
By accessing or using Cospark ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
Cospark is an AI-powered advertisement creation platform that uses advanced technologies including video generation (Google Veo, OpenAI Sora) and voice synthesis (Eleven Labs) to help you create professional advertisements.
2. Eligibility
You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.
3. Account Registration
- You must create an account to access most features of the Service.
- You are responsible for maintaining the confidentiality of your account credentials.
- You agree to provide accurate, current, and complete information during registration.
- You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized use.
4. Subscription and Payments
4.1 Billing
- Certain features require a paid subscription.
- Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan.
- All payments are processed securely through Stripe.
- Prices are subject to change with reasonable notice.
4.2 Credits System
- The Service operates on a credit-based system. Different actions consume different amounts of credits.
- Credits refresh according to your subscription plan.
- Unused credits may expire according to your plan terms.
4.3 Refunds
Refunds are handled on a case-by-case basis. Contact our support team if you believe you are entitled to a refund. Generally, we do not provide refunds for partially used subscription periods or consumed credits.
5. Acceptable Use
You agree NOT to use the Service to:
- Create content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Generate advertisements that are deceptive, misleading, or contain false claims
- Create deepfakes or content designed to deceive viewers about its AI-generated nature for malicious purposes
- Infringe on intellectual property rights of others
- Impersonate any person or entity, or falsely state or misrepresent your affiliation
- Create content depicting real individuals without their consent
- Generate content that promotes violence, discrimination, or illegal activities
- Attempt to circumvent usage limits, access controls, or security measures
- Use automated systems to access the Service in a manner that exceeds reasonable use
- Resell, redistribute, or sublicense access to the Service without authorization
6. AI-Generated Content
6.1 Nature of AI Content
Content generated through our Service is created using AI models including Google Veo, OpenAI Sora, and Eleven Labs. You acknowledge that:
- AI-generated content may not always be accurate, appropriate, or error-free
- You are responsible for reviewing all generated content before use
- AI models are constantly evolving, and output quality or style may vary
6.2 Content Ownership
- You retain ownership of the original content and prompts you provide to the Service.
- Subject to these Terms and the terms of our third-party AI providers, you own the AI-generated output created from your inputs for commercial use.
- We retain the right to use anonymized, aggregated data to improve our services.
- Your use of AI-generated content must comply with the terms of the underlying AI providers (Google, OpenAI, Eleven Labs).
6.3 Disclosure Requirements
You may be required by law or platform policies to disclose that content was created using AI. You are solely responsible for compliance with any such requirements in your jurisdiction or on platforms where you publish content.
7. Intellectual Property
7.1 Our Intellectual Property
The Service, including its original content, features, and functionality, is owned by Cospark and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works of our Service without permission.
7.2 Your Content
By uploading content to the Service, you grant us a limited license to process, store, and use that content solely to provide the Service to you. You represent that you have all necessary rights to the content you upload.
8. Third-Party Services
The Service integrates with third-party AI providers and services. Your use of AI-generated content is also subject to:
- Google's Terms of Service (for Veo-generated content)
- OpenAI's Usage Policies (for Sora-generated content)
- Eleven Labs' Terms of Service (for voice synthesis)
- Stripe's Terms of Service (for payment processing)
We are not responsible for the practices or policies of these third-party services.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT:
- The Service will be uninterrupted, secure, or error-free
- AI-generated content will be accurate, complete, or suitable for any purpose
- The Service will meet your specific requirements
- Any defects will be corrected
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COSPARK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your use or inability to use the Service
- Any AI-generated content created through the Service
- Unauthorized access to or alteration of your data
- Any third-party conduct on the Service
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify and hold harmless Cospark, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:
- Your use of the Service
- Content you create, upload, or distribute using the Service
- Your violation of these Terms
- Your violation of any rights of another party
12. Termination
- You may terminate your account at any time by contacting us or using the account settings.
- We may suspend or terminate your access immediately, without notice, for any violation of these Terms.
- Upon termination, your right to use the Service ceases immediately. We may delete your data after a reasonable retention period.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the new Terms.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
15. Dispute Resolution
Any disputes arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
16. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
17. Contact Us
If you have questions about these Terms, please contact us:
- Email: legal@cospark.ai