Terms of Use

Effective Date: July 15, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS SITE OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS SITE.

You are currently viewing a page of the headpuppets.com website or a related website or mobile application ("Site") belonging to TwinACT LLC or one of its direct or indirect subsidiaries ("TwinACT"). These General Terms of Use ("Terms of Use") govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site ("Services"). "You" and "your" refer to any person who accesses or uses the Site or Services. The Site is intended for individuals who are at least 18 years old. If you are under the age of 18 years old, please do not access this Site.

TwinACT reserves the right to modify these Terms of Use at any time without notice. Any change to these Terms of Use will be effective upon posting of such updated Terms of Use on the Site. The most current version of the Terms of Use will be available to you by clicking the link at the bottom of the Site. By continuing to access or use the Services after the date of any change to these Terms of Use, you agree to be bound by such terms contained in the most recent version of these Terms of Use. TwinACT reserves the right to modify or terminate the Services or to terminate your access to the Site, in whole or in part, at any time.

Intellectual Property Rights and License to Use

Ownership and Restrictions On Use
All trademarks, service marks, trade names, trade dress and related intellectual property rights in the Services are proprietary to TwinACT or our licensors or licensees. You may not use, reproduce or display any of the TwinACT trademarks except upon TwinACT’s prior written consent.

The Site and its entire contents, features, and functionality (including but not limited to all web pages, user interfaces, information, design, software, source code, text, displays, graphics, images, videos, and audio recordings, and the design, selection, and arrangement thereof) are owned, controlled, or licensed by TwinACT, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly provided in these Terms of Use, you may not copy, display, distribute, transmit, transfer, link to, reproduce, license, frame, alter, create derivative works of, reverse engineer, or republish all or any portion of the Site for any commercial or public purpose without TwinACT's prior written consent.

You may view information available on the Site for your informational purposes. You may download from the Site materials, except for software or source code, but only for your personal or internal business purposes only. You may download software or source code from the Site, but only such software or source code purposely made available to you by TwinACT for downloading from the Site, subject to any applicable terms of use. You acknowledge and agree that you do not acquire any ownership rights of any kind by downloading materials from the Site.

Your use of the Services, including the Site, imposes on you an obligation of appropriate use and conduct, which includes, but is not limited to, not causing an unreasonable or disproportionately large processing load on our Services or systems, not engaging in any conduct that restricts or inhibits use of the Services by others, and not introducing or transmitting any virus, worm, Trojan horse or other material that may harm or disrupt our Services or systems. Unauthorized use of the Services, misuse of passwords, or misuse of any information or material posted on this Site is strictly prohibited.

You may use the Services, including the Site, only for lawful purposes and you agree not to use the Services in any way that violates any applicable federal, state, local, or international law or regulation.

License to Use the Services
During the term of your subscription, TwinACT grants you a limited, non-exclusive, non-transferable, and revocable right to use the Services. TwinACT retains all rights, title, and interest in and to the Services.

You are not permitted to:

• Download, modify, copy, distribute, or create derivative works from the Services
• Post illegal or objectionable content
• Use the Services for any disruptive, fraudulent, or harmful activities.
• Access the Services using unauthorized methods.
• Reverse engineer or replicate the Services
• Use unauthorized third-party software
• Disrupt or damage the Services
• Bypass content protections
• Use automated tools to extract data from the Services
• Introduce malicious software
• Violate any applicable laws while using the Services

By using the Services, you agree to comply with these restrictions and acknowledge that any violation may result in termination of your access to the Services and potential legal action.

License to Your Content

Ownership and License Grant
You retain ownership of any content you upload, including images, videos, and script inputs (collectively, "User Content"). By uploading User Content to TwinACT, you grant TwinACT and its affiliates a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and TwinACT's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.

Purpose of License
This license is granted solely for the purposes of providing, maintaining, and improving the Services. This includes, but is not limited to, activities such as processing and displaying your User Content as you direct through the Services, enhancing our technology and algorithms, and utilizing your User Content for internal operations and analytics.

Content Removal
TwinACT reserves the right, but not the obligation, to review, screen, or delete any User Content at any time and for any reason, including content that violates these Terms of Use or is otherwise objectionable in TwinACT's sole discretion. You agree that TwinACT may monitor and remove User Content without prior notice to you.

Compliance and Responsibility You are solely responsible for ensuring that your User Content complies with all applicable laws and regulations, and does not infringe upon or violate any third-party rights, including intellectual property rights, privacy rights, and rights of publicity. By uploading User Content, you represent and warrant that:

• Legal Rights: You have all necessary rights, licenses, and permissions to upload and grant the license to TwinACT to use your User Content as described herein.
• Lawful Content Your User Content does not contain any material that is illegal, defamatory, obscene, offensive, or that may otherwise create liability or harm TwinACT’s reputation.

Indemnification
You agree to defend, indemnify, and hold harmless TwinACT, its affiliates, and their respective directors, officers, employees, agents, and assigns from any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your User Content, including but not limited to claims that your User Content infringes any third-party rights or violates any law or regulation.

Termination of License
The license granted by you to TwinACT with respect to your User Content will terminate within a commercially reasonable time after you remove or delete your User Content from the Services. However, you understand and agree that TwinACT may retain, but not display, distribute, or perform, server copies of your User Content that have been removed or deleted.

Feedback and Suggestions
Any suggestions, comments, or feedback you provide to TwinACT regarding the Services or any of TwinACT's products or services ("Feedback") will be deemed non-confidential and non-proprietary to you. By submitting Feedback, you grant TwinACT a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Feedback in any manner and for any purpose.

By uploading User Content to the Services, you acknowledge that you have read and agree to this License to Your Content section and the Terms of Use.

Claims of Copyright Infringement

If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send TwinACT a notice requesting us to remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the Digital Millennium Copyright Act permits you to send TwinACT a counter-notice. Learn more at the U.S. Copyright Office site.

Data Processing

Customer Account Information
TwinACT processes Customer Account Information to manage your relationship with us. This includes, but is not limited to, data necessary for creating and maintaining your account, such as your name, contact details, billing information, and account preferences. We collect, use, store, and disclose this information in accordance with our Privacy Policy and applicable data protection laws.

By creating an account, you consent to the processing of your Customer Account Information for the purposes of account administration, billing, and compliance with legal obligations. TwinACT may share your Customer Account Information with third-party service providers who assist in these functions, provided such providers are contractually bound to safeguard your information.

Customer Data
Customer Data refers to any content, including images, videos, and script inputs, that you upload or create while using TwinACT's services. You retain ownership of your Customer Data. However, by using our services, you grant TwinACT a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Customer Data solely for the purpose of providing and improving the services.

TwinACT takes reasonable measures to protect Customer Data from unauthorized access, use, or disclosure. We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. However, you are responsible for ensuring that your Customer Data does not violate any laws, third-party rights, or these Terms.

TwinACT may remove or disable access to any Customer Data that we determine, in our sole discretion, violates these Terms or any applicable law. Furthermore, you acknowledge that TwinACT may process and store Customer Data in accordance with our Privacy Policy and applicable data protection laws. This includes using third-party service providers for data processing and storage, who are contractually obligated to protect your data to a standard commensurate with our own.

By uploading or creating Customer Data using our services, you represent and warrant that you have the necessary rights and consents to allow TwinACT to process your Customer Data in accordance with these Terms. You agree to indemnify and hold harmless TwinACT from any claims arising from or related to your Customer Data.

In the event of termination of your account or subscription, TwinACT may retain Customer Data for a reasonable period necessary to fulfill the purposes outlined in these Terms, comply with legal obligations, resolve disputes, and enforce our agreements. After such period, we will securely delete or anonymize your Customer Data, except where continued retention is required by law.

Links to Third Party Sites or Content

The Site may contain links to websites controlled or offered by third parties (non-affiliates of TwinACT). TwinACT hereby disclaims all liability for any other company's website content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. In addition, any advice, opinions, services, products, or recommendations provided by the linked site providers are those of the providers and not of TwinACT. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the linked site provider.

Registration Information

You may be invited to register at the Site to help us tailor the Service for your personal and business financial needs and to alert you of other products and services for you or your business. In registering for the Service, you agree to provide accurate, true, current, and complete information about you and your business as requested by the registration screens. As a convenience to you, a profile for you or your business may be created based on the registration information that you provide.

Privacy

Your use of the Site or Services is subject to the applicable privacy-related policies and notices of TwinACT, potentially including but not limited to the Privacy Policy. To the extent permitted by applicable law, by accessing or using the Site or Services, you understand and agree that TwinACT may collect and retain personal or other information about you or the device you use to access the Site or Services.

Access Code for Online Applications

In connection with online applications for certain TwinACT products or services (such as, but not limited to, service subscriptions) available via the Site, TwinACT may send you a unique access code or other token to help you complete, review, or track your applications. Such access code or token is intended to be only used by you and you must not share it with anyone.

Disclaimer and Limitation of Liability

THE SERVICES, INCLUDING THE SITE (INCLUDING ALL CONTENT, FUNCTIONALITY, AND MATERIALS), ARE OFFERED BY TWINACT ON AN "AS IS," "AS AVAILABLE," "WHERE IS," AND "WHERE AVAILABLE" BASIS, WITH NO WARRANTY OF ANY KIND—WHETHER EXPRESS, IMPLIED, OR STATUTORY—INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

YOU ACKNOWLEDGE THAT NEITHER TWINACT, ITS DIRECT OR INDIRECT SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH THE SERVICES. TWINACT DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES.

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL TWINACT BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL TWINACT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE (OR INABILITY TO USE) OF THE SERVICES, THE SITE, ANY ONLINE SERVICES OR ANY INTERNET BROWSER SOFTWARE AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Feedback

You agree that any and all suggestions, comments, and feedback that you submit at or via this Site in connection with any TwinACT products and services ("Feedback") shall be deemed to be non-confidential, except as otherwise specifically agreed or required by law. TwinACT also shall be free to use any Feedback without any restriction of any kind. Such Feedback may include ideas for new or improved products or services, concepts, know-how, techniques, etc.

Refund Policy

You may request a refund under the following conditions:

Cancellation Within 24 Hours: You must have canceled your subscription within 24 hours of your purchase.

Minimal Usage: You must have generated less than 2 minutes of Customer Created Videos.

Exclusions: Refunds are not available to customers on custom pricing or enterprise plans.

To request a refund, please contact us at support@headpuppets.com with the subject line: "Refund". Include your account details and the reason for your refund request. Our team will review your request and respond accordingly.

Indemnification

You agree to defend, indemnify, and hold harmless TwinACT (and all of its direct and indirect subsidiaries) and each of their respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Service or the Site, including such violation or misuses conducted by your employee or agent.

Enforceability and Governing Law

These Terms of Use constitute a contract between you and TwinACT governed by the laws of the state of California (United States of America), with the exception of its conflicts of laws provisions. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be subject to any other agreements you have entered into with TwinACT.

The Site is hosted in the United States. If you are accessing this Site from outside the United States, you may be subjecting yourself to United States law, which may differ from your local laws, including laws that govern personal data collection, use, and disclosure. In your use of this Site or Service, you may transfer certain personal information to the United States. To the extent permitted by applicable law, your use of the Site or Service shall constitute your consent to the transfer of personal information to the United States and the applicability of United States law. Please visit headpuppets.com/privacy for additional information.

Miscellaneous

You agree and understand that effective use of the Site will require your browser to use software plug-ins and modules, including, without limitation, JavaScript, in order to correctly display content and utilize features on the Site.