Terms of Service

Last updated: January 1, 2025

Welcome to SceneMingle. These Terms of Service ("Terms") govern your access to and use of SceneMingle's website, services, and applications (collectively, the "Service"). Please read these Terms carefully before using our Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

1. Acceptance of Terms

By creating an account or using SceneMingle, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Service following any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically.

2. Account Terms

2.1 Account Creation

  • You must be at least 18 years old to use this Service
  • You must provide accurate, complete, and current information during registration
  • You are responsible for maintaining the security of your account credentials
  • You may not use another person's account without permission
  • One person or legal entity may not maintain more than one free account

2.2 Account Security

You are responsible for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. SceneMingle will not be liable for any loss or damage arising from your failure to protect your account credentials.

2.3 Account Termination

You may terminate your account at any time by contacting support. We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

3. Acceptable Use Policy

You agree to use SceneMingle only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

3.1 Prohibited Content

  • To create, upload, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • To create misleading or deceptive advertisements that violate advertising platform policies
  • To infringe upon intellectual property rights of others
  • To create content promoting violence, discrimination, or hatred
  • To distribute malware, viruses, or other harmful code
  • To create content that exploits minors in any way

3.2 Prohibited Activities

  • Attempting to gain unauthorized access to our systems or other users' accounts
  • Using the Service to send spam or unsolicited communications
  • Interfering with or disrupting the Service or servers
  • Reverse engineering or attempting to extract source code
  • Using automated systems to access the Service without permission
  • Reselling or redistributing the Service without authorization

3.3 Advertising Compliance

When using SceneMingle to create video advertisements, you are solely responsible for ensuring your content complies with all applicable advertising laws, regulations, and platform policies, including but not limited to Google Ads policies, YouTube advertising policies, and FTC guidelines regarding endorsements and testimonials.

4. Payment and Subscriptions

4.1 Billing

Paid subscriptions are billed in advance on a monthly or annual basis depending on the plan selected. All fees are non-refundable except as expressly set forth in these Terms or as required by applicable law.

4.2 Subscription Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date. You may cancel your subscription at any time through your account settings.

4.3 Price Changes

We reserve the right to modify our pricing at any time. Price changes will take effect at the start of the next billing cycle following notice of the change. Your continued use of the Service after a price change constitutes acceptance of the new pricing.

4.4 Refunds

We offer a 14-day money-back guarantee for first-time subscribers to paid plans. Refund requests must be made within 14 days of the initial subscription purchase. Renewals and upgrades are not eligible for refunds.

4.5 Usage Limits

Each subscription plan includes specific usage limits for videos, projects, and features as described on our pricing page. Exceeding these limits may result in additional charges or temporary suspension of certain features until the next billing cycle.

5. Content Ownership and Intellectual Property

5.1 Your Content

You retain all ownership rights to the content you create using SceneMingle, including scripts, video projects, and exported videos. By uploading content to our Service, you grant SceneMingle a worldwide, non-exclusive, royalty-free license to use, reproduce, and process your content solely for the purpose of providing and improving the Service.

5.2 SceneMingle Content

The Service, including its original content, features, and functionality, is owned by SceneMingle and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without explicit written permission.

5.3 Third-Party Content

SceneMingle may provide access to third-party content, including stock footage, images, and AI-generated voiceovers. Your use of such content is subject to the applicable third-party licenses. You are responsible for ensuring your use of third-party content complies with all applicable license terms.

5.4 Feedback

If you provide feedback, suggestions, or ideas about our Service, you grant us the right to use such feedback without restriction or compensation to you.

6. Service Limitations and Modifications

6.1 Service Availability

We strive to maintain high availability of our Service, but we do not guarantee that the Service will be available at all times. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.

6.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

6.3 Third-Party Integrations

SceneMingle integrates with third-party services including Google Ads, YouTube, and Google Cloud Text-to-Speech. These integrations are subject to the respective third-party terms of service, and we are not responsible for any changes, limitations, or disruptions to these third-party services.

6.4 Data Retention

We retain your content and data for as long as your account is active. Upon account termination, we may retain your data for a reasonable period for backup and archival purposes. After this period, your data will be permanently deleted.

7. Termination

7.1 Termination by You

You may terminate your account at any time by contacting our support team or through your account settings. Upon termination, your right to use the Service will immediately cease. Any fees paid are non-refundable except as provided in Section 4.4.

7.2 Termination by SceneMingle

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Reasons for termination may include:

  • Violation of these Terms or any applicable laws
  • Fraudulent, abusive, or illegal activity
  • Non-payment of fees
  • Extended periods of inactivity
  • Requests by law enforcement or government agencies

7.3 Effect of Termination

Upon termination, all licenses and rights granted to you under these Terms will immediately terminate. You will no longer have access to your account or any content stored within the Service. Sections of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Disclaimers and Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

SceneMingle does not warrant that:

  • The Service will function uninterrupted, secure, or available at any particular time or location
  • Any errors or defects will be corrected
  • The Service is free of viruses or other harmful components
  • The results of using the Service will meet your requirements
  • Videos created will be approved by any advertising platform

You understand and agree that your use of the Service is at your sole risk.

9. Limitation of Liability

IN NO EVENT SHALL SCENEMINGLE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content
  • Rejection of your advertisements by any third-party platform

Our total liability to you for all claims arising from or related to these Terms or the Service shall not exceed the amount you have paid us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless SceneMingle and its licensees, licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Service
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including intellectual property rights
  • Any claim that your content caused damage to a third party
  • Your violation of any applicable laws or regulations

11. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue binding arbitration in accordance with the rules of the American Arbitration Association.

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

12. General Provisions

12.1 Entire Agreement

These Terms constitute the entire agreement between you and SceneMingle regarding the use of the Service, superseding any prior agreements between you and SceneMingle relating to the Service.

12.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

12.3 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

12.4 Contact Information

If you have any questions about these Terms, please contact us at:

SceneMingle Legal Team

Email: legal@scenemingle.com

Support: support@scenemingle.com

By using SceneMingle, you agree to these Terms

If you have any questions or concerns, please contact our support team before using the Service.

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