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Terms of Service for Ovii

Updated November 2025

These Terms of Service ("Terms") govern your access to and use of the Ovii web-based application (the "Application" or "Service") created by Tortuga Labs, LLC (the "Service Provider," "we," "us," or "our"). By accessing or using Ovii, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account and using the Application, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Application.

You must be at least 13 years of age to use this Application. By using the Application, you represent and warrant that you are at least 13 years old.

2. Description of Service

Ovii is a web-based AI-powered video generation platform that allows users to:

  • Create custom AI actors with specific physical characteristics
  • Style actors in different scenes with various clothing and environment options
  • Generate marketing videos using AI technology with customizable director's notes

The Service is provided on a subscription basis with additional à la carte purchase options.

3. Account Registration

To use the Application, you must create an account using Google Authentication. You agree to:

  • Provide accurate and complete information during registration
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access to your account
  • Be responsible for all activities that occur under your account

You may not share your account with others or allow others to access your account.

4. Subscriptions and Payments

Subscription Tiers

Attract - $49/month

  • 1 actor
  • 10 scenes
  • 10 videos per month

Grow - $249/month

  • 5 actors
  • 50 scenes
  • 50 videos per month

Scale - Custom Pricing

  • Usage-based pricing for high-volume users

À La Carte Purchases

  • Actor Creation: $5 per actor
  • Scene Generation: $10 for 10 scenes
  • Video Generation: $25 for 5 videos

Billing Terms

  • Subscriptions are billed monthly in advance
  • Payment processing is handled securely through Stripe
  • Unused credits do not roll over to the next billing period
  • You may cancel your subscription at any time, but no refunds will be provided for partial months
  • Upon cancellation, you will retain access to the Service until the end of your current billing period
  • À la carte purchases are one-time charges and do not expire

Price Changes

We reserve the right to change our pricing at any time. If we change the price of your subscription, we will notify you at least 30 days in advance, and the new price will take effect on your next billing cycle.

5. Usage Limits and Fair Use

Your subscription tier determines your monthly limits for actors, scenes, and videos. Once you reach your limit, you must either:

  • Wait until the next billing cycle for limits to reset
  • Upgrade to a higher subscription tier
  • Purchase additional capacity à la carte

We reserve the right to monitor usage and enforce fair use policies to prevent abuse of the Service.

6. Generation Times and Service Availability

Typical generation times are:

  • Actor generation: 1 minute 20 seconds to 3 minutes
  • Scene generation: up to 20 seconds
  • Video generation: approximately 2 minutes 30 seconds

These times are estimates and may vary based on system load and other factors. We strive to maintain 99%+ uptime but do not guarantee uninterrupted access to the Service.

7. Content and Intellectual Property

Your Content

You retain all rights to the actors, scenes, and videos you create using the Application. By using the Service, you grant us a limited license to store, process, and display your content solely for the purpose of providing the Service to you.

We do not use your actors, scenes, or videos to train AI models for other users or for any purpose other than providing you with the video generation service.

Our Intellectual Property

The Application, including its design, features, code, and AI technology, is owned by Tortuga Labs, LLC and is protected by copyright, trademark, and other intellectual property laws. You may not:

  • Copy, modify, or distribute the Application
  • Reverse engineer or attempt to extract the source code
  • Remove any copyright or proprietary notices
  • Use our branding without explicit written permission

Generated Videos

Videos generated through the Application are yours to use for personal and business purposes, including:

  • Social media marketing
  • Website content
  • Advertising campaigns
  • Client presentations

You may not redistribute, resell, or sublicense the Application itself or provide video generation services to third parties using our platform.

8. Prohibited Uses

You agree not to use the Application to:

  • Create content that violates any applicable laws or regulations
  • Generate content depicting illegal activities, violence, or harm to others
  • Create non-consensual sexual content or content depicting minors in any inappropriate manner
  • Infringe on the intellectual property rights of others
  • Impersonate real individuals without their consent
  • Spread misinformation or disinformation
  • Harass, abuse, or harm others
  • Attempt to circumvent usage limits or security measures
  • Use the Service in any way that could damage, disable, or impair our systems

We have implemented guardrails to prevent the creation of policy-violating content. We reserve the right to review content, suspend or terminate accounts, and report illegal activity to appropriate authorities.

9. Content Moderation

We reserve the right to:

  • Review actors, scenes, and videos created through the Application
  • Remove content that violates these Terms
  • Suspend or terminate accounts that repeatedly violate our policies
  • Refuse service to anyone for any reason

While we implement automated safeguards, you are ultimately responsible for ensuring your use of the Service complies with these Terms and applicable laws.

10. Service Modifications

We reserve the right to:

  • Modify, suspend, or discontinue any feature of the Application at any time
  • Change the number or type of customization options available
  • Update director's notes, clothing options, or other creative elements
  • Improve or adjust AI generation quality and capabilities

We will make reasonable efforts to notify users of significant changes, but we are not obligated to maintain any specific features or functionality.

11. Termination

By You

You may terminate your account at any time by:

  • Canceling your subscription through your account settings
  • Contacting us at support@ovii.app to request account deletion

Upon termination, your subscription will remain active until the end of the current billing period.

By Us

We may suspend or terminate your account immediately if:

  • You violate these Terms
  • You engage in prohibited uses
  • Your payment method fails or you have an outstanding balance
  • We are required to do so by law
  • We discontinue the Service

Upon termination, you will lose access to your account, actors, scenes, and generated videos.

12. Data Retention and Deletion

Upon account termination or deletion:

  • Your account data, actors, scenes, and videos will be deleted within a reasonable timeframe
  • Some data may be retained as required by law or for legitimate business purposes
  • We will not use your content after deletion except as required by law

To request immediate deletion of your account and data, contact us at support@ovii.app.

13. Disclaimers and Limitations of Liability

Service Provided "As Is"

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

AI-Generated Content

We do not guarantee:

  • The quality, accuracy, or consistency of AI-generated content
  • That generated videos will meet your specific expectations
  • That actors will appear exactly as previewed
  • Specific generation times or availability

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TORTUGA LABS, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

  • Your use or inability to use the Service
  • Any unauthorized access to your account or content
  • Any interruption or cessation of the Service
  • Any bugs, viruses, or other harmful components
  • Any errors or omissions in content
  • Any conduct or content of third parties

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless Tortuga Labs, LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Application
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Content you create using the Service

15. Third-Party Services

The Application uses third-party services:

  • Google Authentication for account login
  • Stripe for payment processing

Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the practices or content of third-party services.

16. Dispute Resolution

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.

Informal Resolution

Before filing any legal claim, you agree to contact us at support@ovii.app to attempt to resolve the dispute informally.

Arbitration

Any disputes arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, rather than in court, except that you may assert claims in small claims court if they qualify.

Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

17. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tortuga Labs, LLC regarding the Service.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms or your account to any third party without our written consent. We may assign our rights and obligations under these Terms without restriction.

Updates to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by:

  • Updating the "Updated" date at the top of this document
  • Sending you an email notification
  • Displaying a prominent notice in the Application

Your continued use of the Application after changes become effective constitutes your acceptance of the updated Terms.

18. Contact Us

If you have any questions about these Terms of Service, please contact us at support@ovii.app.

For more information about Tortuga Labs, LLC, please visit www.bytortuga.com.

Effective Date: November 18, 2025

By using Ovii, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.