Terms of Use
Mighty Media LLC (hereinafter "Mighty Media) provides a host of generative AI services that allows the user to process and generate various kind of media.
You have accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
As used in these Terms of Use, "Mighty Media service", "our service" or "the service" means the personalized service provided by Mighty Media for discovering and watching Mighty Media content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, any apps as well as all content and software associated with our service.
Membership Mighty Media may provide a service based on a subscription (membership), one-time purchase or a free to use basis. Memberships will continue month-to-month or year-to-year and automatically renew until terminated. You
must cancel your membership before it renews each month (or membership year) in order to avoid billing of the next period's membership fees to your Payment Method.
We may offer a number of membership plans in conjunction with third party affiliates. We are not responsible for any errors or omissions by advertising provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.
Free Trials/ Free cancellationYour Mighty Media membership may start with a free trial/free cancellation. A free trial is a period to use our service without payment. Free cancellation is the option to use our service and claim a full refund after a certain period.
Free trials and free cancellation is available to any "first time user" of our service. We determine a "first time user" not just by your account email but also by your method of payment, browser ID and other means.
Billing, Payments and CancellationThe membership fee for the Mighty Media service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly/yearly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Membership fees are fully earned upon payment.
In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
To use the Mighty Media service you must provide one or more Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
You also authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method.
All payments are processed in US Dollars. For some Payment Methods, the issuer may charge you additional fees, such as foreign transaction fees. Check with your issuer for details.
If your Mighty Media service is a subscription - you can cancel your Mighty Media membership at any time ("Immediate Cancellation").
We do not provide refunds or credits for any unused membership periods.
To cancel your MightyMedia subscription access the Account section in the dashboard (using your email and password). If you cancel your membership, your billing will cease immediately but you can still use your account until it expires.
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.
Payments are nonrefundable and there are no refunds or credits for partially used periods.
If you dispute a credit card payment without a prior cancellation of your subscription we will immediately suspend your account until payment is received (or after a dispute is settled in our favor). We will also report your defaulted payment to credit rating agencies and/or debt collector(s) if you fail to settle any outstanding debt after three months.
Failed AI generations
In rare cases the AI models may not produce an acceptable output for your input media.
In such cases please follow these steps to claim a refund:
- Email us customer service within one week of order completion via email and describe the failed AI generation in detail.
- Customer service, at it's sole discretion, will decide to either a) re-run the AI model(s) without any additional charges for you, b) require improved source media from you or c) process a full refund.
72 hour Risk Free refund for subscriptions
If you purchased a subscription (any membership that comes with an automatic renewal) we provide a full refund to your method of payment provided that you have used less than 1/10th of the included subscription volume and that you have request a full refund via email (
[email protected]) within 72 hours since you subscribed. The full refund is available for any first time subscriber (i.e. you have not subscribed to any paid product within a trailing twelve month period) and does not apply to automatic renewals.
We do not provide refunds outside of the "Failed AI generations" and "72 hour Risk Free refund for subscriptions" guarantee. All payments and refunds are processed in US Dollars only - currency exchange rates may fluctuate between a payment and refund.
Service AgreementYou must be 18 years of age, or the age of majority in your province, territory or country, to become a member of theMighty Media service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
The Mighty Media service is for your personal or professional use only and may not be shared with individuals or other legal entities. During your usage, we grant you a limited, non-exclusive, non-transferable right to access the Mighty Media service and view Mighty Media content through the service. Except for the foregoing, no right, title or interest shall be transferred to you.
Passwords and Account Access. The member who created the Mighty Media account and whose Payment Method is charged (the "Account Owner") has access and control over the Mighty Media account and the Mighty Media ready devices that are used to access our service and is responsible for any activity that occurs through the Mighty Media account.
Disclaimers of Warranties and Limitations on LiabilityTHE Mighty Media SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE Mighty Media SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.Mighty Media DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Mighty Media SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL Mighty Media, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
Arbitration AgreementIf you are a Mighty Media member in the United States (including its possessions and territories), you and Mighty Media agree that any dispute, claim or controversy arising out of or relating in any way to the Mighty Media service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Mighty Media are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Mighty Media membership.
If you elect to seek arbitration or file a small claim court action, you must first send to Mighty Media via any of the provided custoemr service emails. If Mighty Media initiates arbitration, it will send a written Notice to the email address used.
MiscellaneousThese Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
There is currently no established legal precedent for copyright for AI media generation. Mighty Media does not hold any copyrights for any created AI media. We are not responsible for any action you undertake with the AI generated media. We provide all AI media as-is and can not guarantee they are free of third-party copyright.
If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Mighty Media may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Mighty Media service.
We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
