Terms of Service
Last updated: November 30, 2025
1. Introduction and Acceptance
Welcome to Dark Channel Creator. These Terms of Service ("Terms") govern your access to and use of our AI-powered video creation and channel management platform ("Service").
By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our Service.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Service after changes are posted constitutes your acceptance of the modified Terms.
2. User Accounts
2.1 Account Creation: To use certain features of our Service, you must create an account. You agree to provide accurate, current, and complete information during registration.
2.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.
2.3 Eligibility: You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you meet this requirement.
2.4 Account Suspension: We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activity.
3. Service Description
Dark Channel Creator provides AI-powered tools for creating, managing, and publishing video content. Our Service includes:
- Automated video script generation
- AI voice synthesis and narration
- Video editing and production tools
- Channel management features
- Publishing and scheduling capabilities
- Analytics and performance tracking
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.
4. User Responsibilities and Prohibited Conduct
You agree not to:
- Create content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Violate any applicable laws, regulations, or third-party rights
- Infringe on intellectual property rights of others
- Use the Service to distribute spam, malware, or malicious code
- Attempt to gain unauthorized access to any part of the Service
- Use automated systems to access the Service beyond what is permitted by our API
- Resell, redistribute, or commercialize the Service without written permission
- Impersonate any person or entity, or falsely represent your affiliation
- Create content that violates platform policies of third-party services (YouTube, TikTok, etc.)
5. Intellectual Property Rights
5.1 Our Content: The Service and its original content, features, and functionality are owned by Dark Channel Creator and are protected by international copyright, trademark, and other intellectual property laws.
5.2 Your Content: You retain ownership of content you create using our Service. By using the Service, you grant us a limited, worldwide, non-exclusive license to host, store, and display your content as necessary to provide the Service.
5.3 AI-Generated Content: Content generated by our AI tools is provided to you for your use. You are responsible for ensuring that your use of AI-generated content complies with applicable laws and third-party platform policies.
5.4 Free Plan Public Video Showcase: If you are using the Free Plan, you acknowledge and agree that videos you create may be selected by Dark Channel Creator to be featured publicly on our platform (including but not limited to the /videos page) for promotional and showcase purposes. By using the Free Plan, you grant us permission to publicly display your videos. You retain full ownership of your content, and you may request removal of your videos from public display at any time by contacting our support team. Videos from paid plans will never be featured publicly without explicit consent.
5.5 Third-Party Content: You are solely responsible for obtaining necessary rights, licenses, and permissions for any third-party content you incorporate into your videos.
6. Subscription Plans and Billing
6.1 Plans: We offer various subscription plans with different features and usage limits. Plan details and pricing are available on our pricing page.
6.2 Billing: Subscription fees are billed in advance on a monthly or annual basis. Payments are processed through Stripe, a third-party payment processor.
6.3 Cancellation: You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. No refunds are provided for partial months.
6.4 Price Changes: We reserve the right to modify our pricing. You will be notified at least 30 days before any price changes take effect.
6.5 Usage Limits: Each plan has specific usage limits (videos, storage, API calls, etc.). Exceeding limits may result in service restrictions or additional charges.
6A. Fair Use Policy for Unlimited Plans
Plans marketed as "unlimited" (such as Agency and Enterprise plans) are subject to our Fair Use Policy to ensure platform stability and fair resource allocation for all users.
6A.1 Definition of Fair Use: Fair use is defined as reasonable, good-faith usage consistent with normal business operations. This typically means generating up to 300-500 videos per month for Agency plans. Enterprise plans have higher thresholds negotiated in service agreements.
6A.2 Usage Monitoring: We monitor account usage to identify patterns that exceed fair use thresholds. You will receive notifications at:
- 300 videos/month - Informational notice
- 450 videos/month - Warning notice with upgrade recommendation
- 500 videos/month - Service may be temporarily paused
6A.3 Rate Limits: To ensure system stability, the following limits apply:
- Maximum 50 videos per day
- Maximum 5 concurrent video generation jobs
- API rate limits as documented in API documentation
6A.4 Prohibited Usage: Fair use does not include:
- Reselling or redistributing generated content as a service
- Mass content generation for spam or SEO manipulation
- Automated bulk generation without reasonable spacing
- Resource-intensive usage that impacts other users
6A.5 Enforcement: If you exceed fair use limits, we may:
- Send notifications and usage reports
- Recommend upgrading to Enterprise for higher capacity
- Temporarily pause video generation until next billing period
- Offer overage pricing at $0.50 per additional video
6A.6 Enterprise Plans: For consistently high-volume usage (1,000+ videos/month), please contact our sales team for Enterprise pricing with custom limits, SLA guarantees, and dedicated infrastructure.
For complete details, see our full Fair Use Policy.
7. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, secure, or error-free. We do not warrant the accuracy, completeness, or reliability of any content generated by AI tools.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARK CHANNEL CREATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
9. Indemnification
You agree to indemnify, defend, and hold harmless Dark Channel Creator, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Content you create or publish using the Service
10. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms.
Upon termination, your right to use the Service will immediately cease. We may delete your account and content, subject to our data retention policies and legal obligations.
You may terminate your account at any time by contacting us or using the account deletion feature in your account settings.
11. Data Protection and Privacy
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
We comply with the Brazilian General Data Protection Law (LGPD) and the European General Data Protection Regulation (GDPR). You have rights regarding your personal data, including the right to access, correct, delete, and export your data.
12. Governing Law and Dispute Resolution
12.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of Brazil, without regard to conflict of law principles.
12.2 Jurisdiction: Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Brazil.
12.3 Informal Resolution: Before filing a legal claim, you agree to contact us at support@darkchannelcreator.com to attempt to resolve the dispute informally.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
- Posting the updated Terms on our website
- Updating the "Last Updated" date
- Sending an email notification to your registered email address (for significant changes)
Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.
14. Severability and Entire Agreement
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Dark Channel Creator regarding the Service and supersede all prior agreements.
15. Contact Information
If you have questions about these Terms, please contact us at:
Email: support@darkchannelcreator.com
Legal: privacy@darkchannelcreator.com
Company: Dark Channel Creator