Terms of Service
Effective Date: 01/09/2025
These Terms of Service (“Terms”) govern your access to and use of Kuik's website, platform, APIs, and personalised video generation services (together, the “Services”). By registering for, accessing, or using the Services, you agree to these Terms. If you do not agree, you must not use the Services.
Kuikads Group S.L. (“Kuik”, “we”, “us”, “our”) may update these Terms from time to time. Material changes will be notified to you by email or on our website. Your continued use of the Services after changes take effect constitutes acceptance.
1. Scope of Services
Kuik provides a software-as-a-service (SaaS) platform that enables Clients to generate personalized videos at scale, using customer data provided by Clients via Kuik Studio, Kuik API, Kuik Engine, or other integrations. Services may include hosting, storage, analytics, integrations, and related functionality. We may modify or discontinue features at any time, without liability, provided this does not materially degrade the overall functionality of the Services during a paid subscription term.
2. Accounts, Registration and Access
To use the Services, you must create an account with accurate and up-to-date information. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. You may not share your account with unauthorised third parties. Kuik may suspend or terminate accounts that breach these Terms.
3. Subscription, Fees and Billing
Services are provided on a subscription basis, subject to the plan you select (trial, monthly, annual, or enterprise). Fees are payable in advance and non-refundable except as required by law. Kuik may suspend Services for unpaid invoices. Kuik may adjust fees at renewal; changes will be notified in advance.
4. Client Responsibilities
You (the Client) are the controller of any personal data you submit to the Services. You must ensure you have a lawful basis for processing, and that your use of the Services complies with applicable data protection and marketing laws. You must not upload unlawful, harmful, defamatory, or infringing content. You are responsible for ensuring that your end-users (recipients of personalised videos) have provided valid consent or that another legal basis applies.
5. Kuik's Role and Data Processing
Kuik acts as a data processor when handling personal data on behalf of Clients, and as a data controller for limited purposes (e.g. account management, analytics, Kuik's own marketing). Kuik processes data only according to Clients’ documented instructions, subject to Kuik's Privacy Policy and Data Processing Agreement (DPA). Kuik may engage sub-processors (e.g. hosting, AI voice/translation providers), subject to GDPR-compliant agreements.
6. Content Ownership and Licensing
Client Data & Inputs: You retain ownership of all data, assets, and materials you provide. Generated Videos: You own the output of personalised videos generated through the Services, subject to your compliance with these Terms and payment of fees. Kuik IP: Kuik retains ownership of the platform, software, models, templates, and underlying technology. No rights are granted except as necessary to use the Services.
7. Acceptable Use
You agree not to use the Services to generate unlawful, discriminatory, defamatory, or harmful content. You must not infringe third-party IP rights or misappropriate data. You must not attempt to reverse engineer, decompile, or tamper with the Services. You must not introduce viruses or harmful code. Kuik may suspend access for violations of this clause.
8. AI and Third-Party Services Disclaimer
Kuik may use AI and third-party services to generate video content. Outputs are generated automatically and may not be unique or error-free. Kuik does not warrant the accuracy, originality, or legality of generated content. You are responsible for reviewing and ensuring compliance before distributing videos. Kuik disclaims liability for claims arising from reliance on AI-generated content, except where required by law.
9. Service Availability and Support
Kuik aims to provide high availability but does not guarantee uninterrupted access. Planned maintenance will be notified in advance when possible. Support is provided according to your subscription plan.
10. Intellectual Property
All Kuik Content (software, code, graphics, templates, logos) is protected by copyright, trademark, and other laws. You may not copy, modify, or distribute Kuik Content without prior written consent.
11. Warranties and Disclaimers
The Services are provided ‘as is’ and ‘as available’. Kuik disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Kuik does not guarantee that outputs will meet your expectations or be error-free.
12. Limitation of Liability
To the maximum extent permitted by law, Kuik's total liability under these Terms will not exceed the amount paid by you in the 3 months preceding the claim. Kuik is not liable for indirect, incidental, special, or consequential damages, including lost profits, loss of data, or reputational harm.
13. Indemnity
You agree to indemnify and hold harmless Kuik and its affiliates against any claims, damages, or expenses arising from your misuse of the Services, your violation of these Terms, or your processing of personal data without a lawful basis.
14. Termination
Either party may terminate for material breach not remedied within 30 days of written notice. Kuik may suspend or terminate immediately for unlawful use or security risks. Upon termination, your access ceases and Kuik may delete your data after 30 days, unless otherwise required by law.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of Spain. Both parties submit to the exclusive jurisdiction of the courts of Madrid, Spain.
16. Notices
Notices may be sent by email to support@kuik.io or via postings on our website.
17. Entire Agreement
These Terms, together with the Privacy Policy and any applicable DPA, constitute the entire agreement between you and Kuik.