Terms of service

1. Who we are and what these terms cover

These terms of service (the “Terms”) govern your use of the motiongist.com website and the Motiongist service, operated by Emy Labs LLC, a Delaware limited liability company (“we”, “us”). Motiongist generates narrated motion design videos from an idea, a script, a link or a document: script, visuals, animation, synthetic voice, captions, music and editing. The service is available through the web studio, the REST API and the MCP server. By creating an account or using the service, you agree to these Terms.

2. Eligibility and accounts

• You must be at least 18 years old (or the age of majority where you live, if higher) to create an account.
• If you use Motiongist on behalf of a company or organization, you confirm you are authorized to accept these Terms for it.
• You sign in with a magic link sent by e-mail or with your Google account. We never store a password.
• An account belongs to one person. The Team plan lets you invite members, each with their own access.
• You are responsible for access to your mailbox, for your API keys and for all activity under your account.

3. Credits

Every generation uses credits, taken from a single balance per workspace. Current rates:

• The exact price in credits is shown before every generation; nothing is charged without your confirmation.
• If a generation fails, its credits are returned to your balance automatically.
• 500 credits are granted once, when you sign up.
• Monthly credits included in a subscription do not roll over to the next month [rule to be confirmed]. Top-up credits remain valid while your account is active [duration to be confirmed].
• Credits have no cash value: they cannot be transferred or exchanged for money, except where the law requires otherwise.
• Rates may change; new rates apply to generations started after they are published.

4. Plans, payment, renewal and cancellation

• Available plans: Free (free), Solo ($19 / €19 per month, excl. tax), Studio ($49 / €49 per month, excl. tax), Team ($149 / €149 per month, excl. tax). Yearly billing comes with a 35% discount.
• Prices are charged in US dollars or euros, depending on your workspace currency, and exclude taxes. Any applicable sales tax, VAT or similar tax is added at checkout based on your location and status.
• Payments are processed by Stripe. We never store your card details.
• Subscriptions renew automatically at the end of each period (month or year) until you cancel. We remind you before a yearly renewal where the law requires it.
• You can cancel at any time from the Billing page: cancellation stops the renewal and you keep access until the end of the paid period.
• One-off top-ups (paid plans): 1,000 credits for $10 / €10.
• Refunds are covered by our refund policy.

5. Fair use

Plans described as “unlimited for normal use” include a high monthly credit allowance and an overdraft margin. Beyond that, generations move to a slower queue or may be paused until your next renewal. We may limit clearly abnormal usage (reselling the service, mass generation unrelated to your activity) after contacting you.

6. Acceptable use

You agree not to use Motiongist to:

• create content that is illegal, hateful, harassing, violent, sexually explicit, or that involves minors;
• impersonate a real person in a misleading way (deepfakes, statements falsely attributed to someone, identity theft);
• reproduce characters, brands, logos, music or other protected works you don’t have the rights to;
• present information you know to be false as fact, or spread disinformation;
• send spam or create content designed to deceive platforms or their users;
• get around limits, quotas, the watermark or the service’s security measures;
• scrape the site or the API beyond documented use, or attempt to reverse engineer the engine.

If you break these rules, we may remove the content, suspend or close the account, without prejudice to any other remedies.

7. AI-generated content and transparency

The voices, visuals and animations produced by Motiongist are generated by artificial intelligence. For audiences in the European Union, Article 50 of the EU Artificial Intelligence Act requires synthetic audio and video content to be identifiable as such, and many platforms and jurisdictions have similar rules.

• We embed metadata in exported files stating that they were generated by AI.
• When you publish a video, you are responsible for disclosing it as AI-generated, in particular with the tools the platforms provide (TikTok, Instagram, YouTube…).
• AI can make mistakes: read the script and check the facts before you publish.

8. Your content and ownership

• Your inputs and outputs. You keep ownership of what you upload (ideas, scripts, documents, logos). As between you and us, the videos generated for you belong to you, and we assign to you any rights we may have in them. Some countries limit copyright protection for AI-generated material; we make no promise about the protection available where you are.
• License to run the service. You grant us a limited license to store, process and display your content solely to provide the service. We don’t publish your videos without your consent.
• No training. We don’t use your content to train AI models.
• Our service. The software, the engine, looks, templates and graphic elements remain ours; you may freely use them within the videos generated for you.
• Voices. Final voices are provided under a commercial license on paid plans. On the free plan, draft voices and the “motiongist.com” watermark are for testing and personal use only.
• Your promise. You confirm you have the necessary rights to everything you provide to us.

9. API and MCP

The REST API, webhooks and the MCP server are available from the Studio plan. API keys are personal and confidential: don’t publish them, and revoke them if in doubt. Calls are subject to the rate limits described in the API documentation. Generations started through the API or by an AI agent are billed in credits, just like in the studio.

10. Third-party services

The service relies on third-party providers (payment, hosting, voice synthesis, language models), listed in our privacy policy. Platforms where you publish your videos have their own rules, which you are responsible for following.

11. Availability and changes to the service

We do our best to keep the service available at all times, but we can’t guarantee it will never be interrupted. Maintenance, incidents at our providers or traffic spikes may slow down or temporarily pause generations. The service will evolve; if a change significantly reduces what you paid for, we’ll give you reasonable notice.

12. Disclaimers

To the extent permitted by law, the service is provided “as is” and “as available”, without warranties of any kind, express or implied, including fitness for a particular purpose and non-infringement. Generated content may be inaccurate or unsuitable for your purpose: you are responsible for reviewing it before use. Nothing in this section limits the statutory warranties or guarantees that consumers have under the law of their country of residence.

13. Limitation of liability

To the extent permitted by law, we are not liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data, and our total liability is capped at the amounts you paid us in the twelve months before the event giving rise to the claim. We are not responsible for how you use the videos or for decisions made by publishing platforms. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including for gross negligence, willful misconduct, or death or personal injury caused by negligence.

14. Indemnity

If you use Motiongist for business purposes, you agree to defend and indemnify Emy Labs LLC against third-party claims arising from the content you provide or publish, or from your breach of these Terms, to the extent permitted by law.

15. Termination and account deletion

You can delete your account at any time from Settings; deletion becomes final after a 30-day grace period. We may suspend or close an account for serious breach of these Terms, fraud or non-payment, and will let you know unless there’s an emergency or a legal obligation not to. Sections that by their nature should survive termination (ownership, disclaimers, liability) do.

16. Changes to these Terms

We may update these Terms. For significant changes, we’ll notify you by e-mail or in the app at least 30 days in advance. If you don’t agree, you can cancel before they take effect.

17. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. Before going to court, please contact us so we can try to resolve the issue amicably. If you use the service for business purposes, the state and federal courts located in Delaware have jurisdiction.

If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country of residence, and you may bring proceedings before the courts where you live. Consumers in the European Union may also turn to an out-of-court dispute resolution body [to be completed]. We do not require arbitration and you keep the right to go to court.

18. Contact

Questions about these Terms? Write to support@motiongist.com or contact@emylabs.com. Postal address: Delaware, United States (address to be completed).