ai& Video Service Terms

These ai& Video Service Terms (these "Video Terms") are an agreement between ai& and Customer, and supplement the ai& Inference API Terms of Service (the "Inference Terms") as an ai& offering that references the Inference Terms. The Inference Terms are incorporated into these Video Terms by reference, and capitalized terms used but not defined in these Video Terms have the meanings given in the Inference Terms.

These Video Terms govern access to and use of the video generation capabilities of the Services, including the video generation API endpoints (currently /v1/videos and successor endpoints), video-capable Hosted Models, the video playground made available through the ai& console, and related tools, documentation, and features (collectively, the "Video Services"). These Video Terms are effective on the earlier of the date Customer first electronically consents to them (including by enabling the Video Services in the ai& console) and the date Customer or any of its Users first accesses the Video Services (the "Video Terms Effective Date"). References in these Video Terms to lettered sections (e.g., §F.2) are to these Video Terms unless the Inference Terms are expressly identified.

Please note: These Video Terms supplement, and do not replace, the Inference Terms. If Customer does not agree to these Video Terms, Customer must not access or use the Video Services; Customer’s use of the other Services under the Inference Terms is unaffected. 

A. Relationship to the Inference Terms

A.1. Order of Precedence. These Video Terms apply only to the Video Services. To the extent of any conflict between these Video Terms and the Inference Terms with respect to the Video Services, these Video Terms control. The Inference Terms continue to govern all other Services unchanged. To the extent of any conflict between these Video Terms and the Model Provider Terms applicable to a video-capable Hosted Model, the Model Provider Terms control with respect to use of that Hosted Model and its Outputs, as set out in §A.2 of the Inference Terms.

A.2. Policies and Service Terms. Customer’s use of the Video Services is subject to the Usage Policy (including its Synthetic Media Annex), the Supported Regions Policy, the DPA, and the Pricing Pages, each as incorporated under the Inference Terms.

A.3. Integration. These Video Terms form part of the parties’ entire understanding described in §M.9 of the Inference Terms.

A.4. Addenda and Order Forms. An Order Form, addendum, or other supplemental document entered into under or in connection with the Inference Terms (including any enterprise addendum, data processing addendum, or zero data retention addendum) applies to the Video Services, and modifies these Video Terms, only to the extent it expressly references the Video Services or these Video Terms, notwithstanding any general statement in that document that it prevails over the Inference Terms or the parties’ agreement. Any such document that does not expressly reference the Video Services or these Video Terms is construed as applying only to the Services other than the Video Services.

B. The Video Services

B.1. Asynchronous Job Model. The Video Services operate on an asynchronous job basis: Customer submits a generation request (a "Video Job"), receives a job identifier, and retrieves the status and, upon completion, the resulting Output. Video Jobs may be queued, and generation and queue times vary with demand, requested parameters, and available capacity.

B.2. No Service Levels. The Inference Terms do not include, and ai& does not make, any service-level commitment with respect to the Video Services, including regarding the availability of the Video Services API endpoints or the latency, queue time, or completion time of any Video Job, unless expressly set out in an Order Form. A Video Job that fails to complete for reasons attributable to the Services will not be charged, and any credits deducted for that Video Job will be restored.

B.3. Hosted Models. The video-capable Hosted Models available through the Video Services, and the Model Provider Terms applicable to each, are identified on the model catalog Pricing Page. §K.2 of the Inference Terms (Hosted Model IP Claims) applies to each video-capable Hosted Model; whether any Model Provider defense or indemnification commitment is available for pass-through under §K.2 is identified in the model catalog entry for that Hosted Model.

B.4. Console Video Playground. The video playground in the ai& console is part of the Video Services and may be used only by Customer and its authorized personnel under Customer’s account. Content generated in the console playground is Customer Content and is subject to these Video Terms.

B.5. Beta Designation. The Video Services are made available as a beta offering. Notwithstanding anything to the contrary, ai& may modify, limit, suspend, or discontinue the Video Services or any feature of them during the beta period on Notice.

C. Media Inputs

C.1. Definitions. "Media Inputs" means images, video, audio, or other media submitted to the Video Services by Customer or its Users as Inputs, including reference images and first- or last-frame conditioning media. "Synthetic Media" means Outputs of the Video Services consisting of generated or materially altered video, image, or audio content. Media Inputs are Inputs, and Synthetic Media are Outputs, for purposes of the Inference Terms.

C.2. Representations and Warranties. Customer represents and warrants, and will ensure that each User submitting a Media Input certifies at the time of submission, that with respect to each Media Input:

(a) Customer or the submitting User owns the Media Input or has all rights, licenses, consents, and permissions necessary to submit it for content generation;

(b) each identifiable individual depicted in the Media Input has given consent to the use of their likeness for content generation;

(c) the Media Input does not depict any individual under 18 years of age; and

(d) the Media Input does not contain unlawful content, and its submission and processing do not violate applicable law or the rights of any third party.

C.3. Screening. Customer acknowledges and agrees that ai& may screen Media Inputs, prompts, and Outputs using automated systems (and, for content flagged by such systems or reported under Section E, human review), and may refuse, block, or remove any Media Input, Video Job, or Output, or suspend the Video Services as provided in §I.3 of the Inference Terms, where ai& reasonably believes these Video Terms, the Usage Policy, or applicable law would otherwise be violated. Screening does not relieve Customer of its responsibilities under these Video Terms and does not constitute ai&’s approval or review of any content.

D. Synthetic Media

D.1. Provenance Marks. ai& may embed watermarks, content credentials, or other machine-readable provenance metadata ("Provenance Marks") in Synthetic Media. Customer must not, and must not permit any User or third party to, remove, alter, obscure, or circumvent Provenance Marks.

D.2. Disclosure Obligations. Customer is responsible for complying with all laws applicable to its deployment and distribution of Synthetic Media, including any obligation to disclose that content is artificially generated or manipulated (such as the transparency obligations applicable to deployers under Regulation (EU) 2024/1689 (the EU Artificial Intelligence Act), where applicable), and will impose corresponding obligations on its Users.

D.3. Prohibited Uses. Without limiting §D.4 of the Inference Terms or the Usage Policy, Customer may not, and must not attempt to or permit any User or third party to, use the Video Services to create, submit, or distribute:

(a) sexual content depicting or appearing to depict minors, in any form, including fictional, stylized, or animated depictions;

(b) intimate or sexualized imagery of any identifiable individual without that individual’s documented consent;

(c) content that impersonates any real individual without disclosure, or that presents a synthetic depiction of a real individual as authentic;

(d) content intended to deceive in connection with elections or civic processes, or for fraud, scams, phishing, or social engineering, including circumvention of identity-verification, liveness-detection, or know-your-customer systems;

(e) content that harasses, stalks, or defames any individual, or that incites or glorifies violence or terrorism;

(f) content that infringes any third party’s copyright, trademark, or rights of publicity or privacy; or

(g) content that is obscene or otherwise unlawful in the jurisdiction in which it is generated, used, or distributed.

D.4. Responsibility for Use. As between the parties, Customer is solely responsible for its and its Users’ use, publication, and distribution of Synthetic Media. The acknowledgements in §D.3 of the Inference Terms apply to Synthetic Media, including that Synthetic Media may be inaccurate, may not be unique, and must be evaluated by Customer for appropriateness for Customer’s use case.

E. Reporting, Removal, and Cooperation

E.1. Reporting Channel. Reports of content generated or distributed through the Video Services in violation of these Video Terms or applicable law may be submitted to usage-report@aiand.com (the reporting channel established by the Usage Policy) or through the reporting mechanism in the ai& console. Customer will provide, in any service through which it makes Synthetic Media available to the public, a reasonably accessible means of reporting such content.

E.2. Intimate Imagery. Upon receipt of a valid report that Synthetic Media stored by ai& depicts an identifiable individual in intimate or sexualized content without that individual’s consent, ai& will remove the reported content within forty-eight (48) hours and will make reasonable efforts to identify and remove identical copies within systems under ai&’s control. Customer will maintain an equivalent removal process for any service through which it makes Synthetic Media available to the public.

E.3. Child Sexual Abuse Material. ai& may preserve and report suspected child sexual abuse material, together with related account and usage information, to law enforcement and other competent authorities as required or permitted by applicable law, notwithstanding any other provision of these Video Terms or the Inference Terms.

E.4. Cooperation. Customer must cooperate with ai&’s reasonable requests, and with valid legal process, relating to content generated through the Video Services, including requests under this Section E and §D.2 of the Inference Terms.

F. Storage, Data Residency, and Retention

F.1. Storage of Video Outputs. Synthetic Media generated by the Video Services, and Media Inputs while a Video Job is pending, are stored on object-storage infrastructure located in Japan. §C.2 of the Inference Terms applies to the Video Services without derogation. Synthetic Media may be delivered to Customer and its Users through content-delivery infrastructure that may cache content outside Japan transiently and solely for delivery purposes; such caching is data in transit and does not constitute storage of Customer Content outside Japan.

F.2. Delivery Window and Deletion. Synthetic Media is made available for retrieval for thirty (30) days following completion of the applicable Video Job (the "Delivery Window"). Following the Delivery Window, ai& automatically deletes the Synthetic Media from production systems. Customer is responsible for retrieving and storing Synthetic Media it wishes to retain before the Delivery Window ends.

F.3. Media Inputs. Notwithstanding §C.3 of the Inference Terms, ai& deletes Media Inputs from production systems promptly upon completion or failure of the applicable Video Job, except that ai& may retain a Media Input, Video Job, or Output flagged by the screening described in §C.3 of these Video Terms or reported under Section E for so long as reasonably necessary to investigate and address the suspected violation, and as required by applicable law.

F.4. Acceptance Records. ai& may log and retain records of Customer’s and Users’ acceptance of these Video Terms and of the certifications described in §C.2 of these Video Terms (including timestamps and file identifiers), independent of the deletion schedules above, as records of compliance.

G. Users and Eligibility

G.1. Age. Customer will ensure that the Video Services, and any product or service of Customer through which Video Services capabilities are made available, are not used by individuals under 18 years of age.

G.2. Flow-Down. Customer will impose on its Users terms no less protective of ai& than Sections C, D, E.1, E.2, and G.1 of these Video Terms, and is responsible for its Users’ compliance, as set out in §§A.1 and D of the Inference Terms. Customer will notify its Users that the Model Provider Terms applicable to a Hosted Model, including any territorial and acceptable-use restrictions, apply to their use of the Video Services and any Output.

G.3. Consumers. If Customer is an individual who uses the Video Services as a consumer within the meaning of the Consumer Contract Act of Japan (Act No. 61 of 2000, as amended), then notwithstanding anything to the contrary in these Video Terms or the Inference Terms: (a) nothing in these Video Terms or the Inference Terms excludes or limits ai&’s liability for damages arising from ai&’s willful misconduct or gross negligence; (b) any provision that would be void as against Customer under that Act applies only to the maximum extent permitted by applicable law; and (c) the remaining provisions continue in full force and effect.

H. Fees

H.1. Pricing. Video Jobs are charged against Customer’s prepaid credit balance at the rates specified on the Pricing Pages, in accordance with §H of the Inference Terms. §B.2 of these Video Terms governs credits for failed Video Jobs.

I. Indemnification

I.1. Clarification of §K.3 of the Inference Terms. For clarity, "ai& Claim" under §K.3 of the Inference Terms includes any third-party claim, suit, or proceeding arising from or related to (a) Media Inputs, including claims of infringement or of violation of privacy, publicity, or likeness rights of individuals depicted; and (b) Customer’s or its Users’ use, publication, or distribution of Synthetic Media in violation of these Video Terms, the Usage Policy, or applicable law.

J. Term; Changes; Survival

J.1. Term. These Video Terms take effect on the Video Terms Effective Date and continue until the Inference Terms terminate or until Customer’s access to the Video Services is terminated, whichever occurs first. Termination of these Video Terms alone does not terminate the Inference Terms.

J.2. Amendment and Modification. §M.3 of the Inference Terms applies to updates to these Video Terms.

J.3. Survival. Sections C.2, D, E, F.3, F.4, and I of these Video Terms survive termination or expiration of these Video Terms, together with the provisions surviving under §I.4 of the Inference Terms.