Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the Advinky website, application, APIs and everything we make available through them (the “Service”). In these Terms, “Advinky”, “we” and “us” refer to the operator of the Advinky service.

By creating an account, accepting a workspace invitation, or using the Service, you agree to these Terms and to our Privacy Policy, Acceptable Use & Content Policy and Refund & Cancellation Policy. If you are agreeing on behalf of a company, you confirm you are authorised to bind it, and “you” means that company.

If you do not agree, do not use the Service.

Advinky is an advertising-creative platform. Depending on your plan, it lets you:

• Build a brand profile (“Brand DNA”) by submitting a website address, which we fetch and analyse to draw out things like your name, industry, colours, logo, product imagery, competitors and tone of voice.
• Maintain a brand asset library of logos, product screenshots, images and documents that later generations draw on.
• Generate creative — UGC-style videos with AI presenters, video and TV-style ads, still images and carousels — from prompts, scripts and the assets you supply.
• Edit and export that output in our editor, including trimming, captions, background removal, masking and audio adjustment.
• Collaborate by inviting members into a workspace and routing creative through approval.

The Service is delivered as software-as-a-service. We may add, change or withdraw features; where a change materially reduces core functionality on a paid plan, we will give you reasonable notice.

You must be at least 18 and legally able to enter a contract. You are responsible for the accuracy of your account details, for keeping your credentials secure, and for everything that happens under your account.

A workspace may have several members. Whoever owns the workspace controls its membership and can add, remove or change the permissions of members, and can access content created in it. If you join a workspace you were invited to, the workspace owner — not Advinky — decides what you may see and do inside it.

Tell us promptly at hello@advinky.com if you believe your account has been compromised.

Paid features are metered in credits. Generating a video, image or export consumes credits at the rate shown in the product at the time you run it. We publish current prices and credit rates in the Service; they can change on notice for future billing periods.

• Subscriptions renew automatically for the same period until cancelled. Cancelling stops the next renewal; refunds are a separate request under our Refund & Cancellation Policy.
• Unused subscription credits roll over and are retained when you change plans or stop renewing. Annual subscriptions allocate credits monthly. Credits are not transferable or redeemable for cash, except under our Refund & Cancellation Policy or where the law requires otherwise.
• Promotional or trial credits have no cash value and may be withdrawn if the promotion is abused.
• Prices and taxes are shown before payment. Website plan prices are in USD; applicable taxes and the final amount appear at checkout. Annual prices shown as a monthly equivalent are billed as the stated annual total.
• Failed payment may lead us to suspend the Service after we have told you and given you a reasonable chance to fix it.

Merchant of record. Dodo Payments acts as merchant of record for purchases and handles payment collection, applicable transaction taxes, receipts and payment-related matters under its buyer terms. The checkout and receipt identify the seller for your transaction. Advinky supplies the software, account access and product support.

Refunds. Our Refund & Cancellation Policy sets out the seven-day unused initial-purchase offer, any legally permitted deduction of up to 6%, cancellation, service-failure remedies and statutory exceptions. Contact hello@advinky.com for help. Mandatory rights and the applicable merchant-of-record terms take priority over a conflicting voluntary restriction.

Features explicitly labelled preview, experimental or similar are provided so you can try them early. They may be incomplete, may change substantially, may lose data, and may be withdrawn. They are supplied “as is”, without any service-level commitment, and any usage allowance attached to them may be changed or withdrawn at any time.

“Your Content” means everything you put into the Service: website addresses you submit for analysis, prompts, scripts, briefs, uploaded logos, screenshots, images, video, audio, documents, brand guidelines and workspace data.

You keep all rights you already have in Your Content. You grant us a worldwide, royalty-free, non-exclusive licence to host, store, copy, transmit, display, adapt and process Your Content for the purpose of operating and supporting the Service for you — which includes passing it to the third-party model providers described in section 10 so a generation can run, and keeping backups.

You are responsible for having the rights to everything you put in. Specifically, you confirm that:

• You own Your Content or have all necessary licences, consents and permissions to use it and to let us process it as described here.
• You have the right to submit any website you ask us to analyse for Brand DNA, and to use the material we extract from it. Submitting a competitor's site, or any site you do not control, does not give you rights in what is extracted from it.
• Any person appearing or heard in material you upload has consented to that use, including any use of their likeness or voice in generated output.
• Your Content does not infringe anyone's intellectual property, privacy or publicity rights, and is not unlawful.

We may remove content or suspend a generation that we reasonably believe breaches this section or section 11.

“Output” means the videos, images, scripts, captions and other material the Service generates for you. Subject to your having paid what is due and to these Terms, we assign to you, or where assignment is not possible grant you an unlimited licence to, the rights we hold in the Output, so you can use it commercially — including in paid advertising — reproduce it, adapt it and publish it.

Your rights in Output do not extend to the underlying models, the AI presenters, our software, or any stock or third-party element embedded in the Output, each of which remains licensed rather than assigned.

Some features generate video featuring AI presenters. Those presenters, including their appearance and voice, are licensed to you for use inside the Output only. You must not:

• Extract, clone, re-train on, or reconstruct a presenter's face, body or voice, or use Output as input to another AI or face/voice-editing system.
• Alter a presenter's appearance or voice so as to create a deepfake, or to suggest a real, identifiable person said or did something they did not.
• Put words in a presenter's mouth that a reasonable viewer would read as a personal testimonial of a real product experience, unless it is true and you can substantiate it.
• Use a presenter to imply endorsement by a real individual, brand or public figure without their written consent.
• Use a presenter in adult, political, medical, firearm, gambling or other restricted-category advertising where we or the presenter's licence say the presenter may not be used.

Where a performer whose likeness contributed to a presenter withdraws consent, we may have to ask you to stop using and to take down affected Output. We will give you as much notice as we practically can and will help you regenerate an equivalent asset.

We run generations on models operated by third-party providers, and we use third parties for hosting, storage, payments and communications. To run what you ask for, we send them the minimum input needed — your prompt, and the reference assets the run depends on.

If you connect an external service to Advinky yourself, you authorise us to access it as far as the connection you granted allows, and only to provide the feature you connected it for. You can disconnect at any time. A named list of current sub-processors is available on request at hello@advinky.com.

The Acceptable Use & Content Policy provides the full content rules, consent requirements, AI disclosure standards and reporting process.

You must not use the Service, or anything it produces, to:

• Break the law, or facilitate anything unlawful, dangerous or seriously harmful.
• Advertise deceptively — including invented results, unsubstantiated claims, fake reviews or testimonials, fabricated scarcity, or before-and-after imagery that misrepresents what your product does.
• Impersonate a real person, brand or organisation, or create content that could reasonably be mistaken for a genuine statement by one.
• Produce sexual content, content sexualising minors, hate speech, harassment, threats, or content degrading a person or group on the basis of a protected characteristic.
• Produce political or election material, or content about a live public controversy, in breach of applicable election or platform rules.
• Produce medical, legal, financial or safety claims you are not authorised and able to substantiate.
• Infringe anyone's intellectual property, privacy or publicity rights.
• Reverse-engineer, decompile, scrape, or attempt to extract our models, prompts or training data; probe or bypass our limits or safeguards; or resell, sublicense or white-label the Service.
• Build or train a competing generative product, or use the Service to benchmark for a competitor, without our written consent.
• Overload the Service, run it through automated means beyond ordinary professional use, or exceed published rate limits.
• Deploy it for a purpose classified as high-risk under applicable AI regulation.

We may throttle, suspend or terminate access for a breach of this section. For a serious or repeated breach, or where the law requires it, we may act immediately and without notice.

You are the advertiser. You are responsible for complying with the rules of wherever you publish, and with advertising and consumer law in each market you run in. That includes labelling AI-generated or synthetically-altered content where a platform or regulator requires it.

We may attach provenance metadata or a visible indicator to Output. You must not remove or obscure it where disclosure is required.

The Service is automated. Output can be wrong, biased, unoriginal, off-brand, or unsuitable for your market, and text inside generated imagery is often malformed. Brand DNA extraction is a best-effort reading of a public web page and may be incomplete or simply mistaken.

The Service — the software, models, model weights, prompt architecture, presenters, templates, interface, documentation and the Advinky name and marks — belongs to us or our licensors. These Terms grant you a limited, revocable, non-exclusive, non-transferable right to use the Service while your account is in good standing, and nothing more.

Feedback you send us is welcome and we may act on it freely, without obligation or payment. We will not identify you as its source publicly without asking. We will not use your name or logo as a customer reference without your written consent.

Each of us may see the other's non-public information. Each of us will keep it confidential, use it only for this agreement, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiver, was already known, is independently developed, or must be disclosed by law — and in that last case, the receiver will tell the other party first where it is lawful to do so.

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, if payment fails, if we are required to by law, or if continuing would expose us or others to real risk.

On termination, your right to use the Service ends. The treatment of unused prepaid amounts is subject to our Refund & Cancellation Policy and mandatory law; where we terminate without fault on your part, we will address the unused prepaid portion. Cancelling renewal alone is not account termination. Output you had already generated and lawfully published stays yours to use. We will keep your workspace data available for a reasonable export window and then delete or anonymise it in line with the Privacy Policy, except where we must keep it longer for legal or accounting reasons. Export before you close your account.

We provide the Service with reasonable skill and care. Beyond that, and to the fullest extent the law allows, the Service and all Output are provided “as is” and “as available”, without warranty of any kind — including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, originality, or uninterrupted or error-free operation.

We do not warrant that Output will perform commercially, will be accepted by any advertising platform, will be unique, or will be free of resemblance to third-party material. Some jurisdictions do not allow certain exclusions, in which case those exclusions do not apply to you and nothing here limits rights you have as a consumer that cannot be waived.

To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive loss, or for lost profit, revenue, goodwill, advertising spend, business opportunity, or lost or corrupted data.

Our total liability arising out of or relating to the Service is limited to the greater of the fees you paid us in the twelve months before the event giving rise to the claim, or ₹10,000. Nothing in these Terms limits liability that cannot lawfully be limited, including for death or personal injury caused by negligence, fraud, or wilful misconduct.

You will defend and indemnify us against third-party claims, and reasonable costs and damages, arising from Your Content, from your use or publication of Output, from your breach of these Terms, or from your breach of advertising, consumer, data-protection or platform rules. We will tell you promptly about any such claim and let you control the defence of it, provided you do not settle in a way that admits fault on our behalf or binds us without our consent.

We may update these Terms. If a change materially affects your rights or obligations, we will notify you in the product or by email at least 15 days before it takes effect, and the “last updated” date at the top of this page will change. If you do not accept the change, stop using the Service and close your account before it takes effect; continuing to use the Service after that date means you accept the updated Terms.

These Terms are governed by the laws of India, and the courts of Bengaluru, Karnataka, India have exclusive jurisdiction, without prejudice to any right you have as a consumer to bring proceedings where you live.

If a provision is unenforceable, the rest stands. Our not enforcing something is not a waiver of it. You may not assign this agreement without our consent; we may assign it as part of a merger, acquisition or sale of assets. Neither party is liable for failure caused by events genuinely beyond its reasonable control. These Terms, together with the Privacy Policy and any order form, are the entire agreement between us on this subject, and the English version prevails over any translation.

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