We reserve the right to change these Terms at any time. If a change is material, we’ll let you know before it takes effect. By continuing to use our Services on or after that effective date of the changes, you agree to the new Terms. If you don’t agree to the changes, you should stop using our Services and delete your account before they take effect.

These Terms are an important part of your relationship with us, so please take the time to read and understand them. If you have any questions or concerns, please don’t hesitate to contact us. Thank you for using our Services!

By accessing and using Kapwing's Services, you consent to Kapwing collecting, using, and transferring your information as outlined in our Privacy Policy. This includes your personal information and any content that you create or upload to the platform. If you are located outside of the United States, you also consent to the transfer, storage, and processing of your information in and out of the United States. Additionally, Kapwing Pro subscribers agree to abide by our Refund Policy. By using the Services, you agree to let Kapwing collect and use information as detailed in our Privacy Policy. If you’re outside the United States, you consent to letting Kapwing transfer, store, and process your information (including your personal information and content) in and out of the United States. Kapwing Pro subscribers agree to adhere to our Refund Policy.

You own the rights to the content you create and post on Kapwing.

When you post content to Kapwing, you retain ownership of the rights to that content. However, by posting it on Kapwing, you grant us a non-exclusive license to publish it on Kapwing Services, as well as any related activities such as storing, displaying, reformatting, and distributing it. In exchange for providing you access to our Services, you agree that we may include advertising on ourServices in connection with the display of your content or other information. We may also use your content for promotional purposes, such as to promote Kapwing and its products and content. We will never sell your content to third parties without your explicit permission.

You are solely responsible for the content you post on Kapwing and you assume all risks associated with it, including the reliance of others on its accuracy and any claims related to intellectual property or other legal rights.

You’re welcome to post content on Kapwing that you have already published elsewhere, as long as you have the necessary rights to do so. By posting content to Kapwing, you represent that doing so does not violate any other agreement you’ve made.

By posting content to Kapwing, you represent that doing so does not violate any other agreements you may have made. If you post content that you did not create, you must have the right to do so, such as if the content is in the public domain, used under license (including a free license like Creative Commons), or falls under the fair use doctrine.

Through our services, you may generate images, audio, and video layers using AI technology (referred to here as “created scenes”). You agree not to use our Services to create, display, or transmit created scenes that are (i) deceptive, illegal, abusive, fraudulent, threatening, or otherwise harmful, including but not limited to impersonation, disinformation, defamation, child-exploitation, or promoting of self harm, discrimination, or violence. Created scenes must respect the rights of others, and you must ensure that you have the necessary rights or consents. Created scenes that represent real individuals without explicit consent or that contain illegal or defamatory content are strictly prohibited. You are responsible for ensuring that any scenes or images you create do not violate our prohibited content guidelines or infringe on the rights of others.

When generating “imaginary scenes” feature supported by Mellis, Inc. you agree to abide by the Pika AUP, available at: https://pika.art/acceptable-use-policy

We reserve the right to remove any content you post for any reason.

We use YouTube's API services in connection with the Kapwing Service to provide certain features. By using the Kapwing Service, you agree to be bound by the YouTube Terms of Service. Kapwing is not responsible or liable in any manner for, and we make no endorsement, representations or warranties regarding, the YouTube API services.

Kapwing reserves all rights to the look and feel of its platform. Some parts of Kapwing are licensed under third-party open source licenses, while others are available under our own open source licenses. Unless otherwise permitted by law, you must obtain written permission from Kapwing to copy,adapt, or use any part of our code or visual design elements, including logos. You are not allowed to access or tamper with non-public areas of the platform, or the systems of our technical providers. You may only access or search the platform through the published interfaces that we provide. You may not forge any part of the header information in any email or posting, or use the platform to send altered, deceptive, or false source-identifying information. You may not interfere with or disrupt the access of any user, host, or network, including by sending viruses, overloading the platform, or scripting the creation of content or accounts in a way that interferes with or burdens the platform.

Crawling the platform is allowed if done in accordance with our robots.txt file, but scraping the platform is prohibited.

Kapwing reserves the right to change, terminate, or restrict access to any aspect of the service at any time, without notice.

Customers will not, and will not permit Users to, share User account credentials, or use them in multiple locations at the same time. Each User must use a unique identity to access and use the Services, and may access the Services only to the extent purchased by Customer and in accordance with the applicable Subscription Plan. Customer will provide accurate, current and complete information required to enable its Users to access and use the Service and will maintain the accuracy of such information during the Subscription Term and for one (1) year following termination of any Order Form or this Agreement. Customer acknowledges that it is solely responsible for maintaining its configurations of the Services, including its sharing and permission settings.

Pricing and Plan availability may vary by location. Once you have upgraded to a Kapwing Paid Plan, a refund will not be provided as set forth in these terms. All paid plan subscriptions are automatically renewed on a monthly or annual basis, depending on the selected billing cycle. You can cancel your subscription at any time. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed. Read our full Refund Policy for more information.

As a member of a Kapwing Paid Plan, you will be charged for each member in your workspace. Adding members will result in immediate charges for the remaining time in your billing cycle. Note that all members must be on the same billing cycle and refunds are not available.

Kapwing's primary form of communication for customer support is through email. We do not offer phone, video, or chat support at this time. If you need assistance, please visit our Contact Us page to get in touch with our support team. Kapwing's support team is here to help you with issues related to our products, including answering general information questions, resolving paid plan issues, and addressing billing concerns. Typically, our support team members respond to Paid Plan users within 24-48 business hours. Our customer support operating hours are M - F 10am - 4pm PST.

Visit our Help Center for self-help support and detailed resolution information. While our primary language for support is English, we may be able to provide assistance in other languages on a case-by-case basis. Our support does not cover configuring or troubleshooting issues that are not related to Kapwing, fixing corrupted files prior to uploading to our platform, or addressing device-specific issues. We also do not support file types that are not supported by Kapwing or troubleshooting 3rd party processing of exported projects.

Kapwing will not provide support to customers who use abusive, explicit, and disrespectful language or who do not provide accurate or timely information. These guidelines help us provide the best possible support experience.This includes initiating contact when you need assistance, providing accurate and timely information, adhering to the service level agreement timeframes, and communicating effectively and respectfully. By following these guidelines, you can help us provide you with the best possible support experience.

Kapwing has a zero tolerance policy for the following actions, which may result in the immediate termination of your customer relationship or denial of customer support services:

- Violating our Terms of Service, including our rules for using our content and services

- Abusing our support team through threatening, abusive, or inappropriate language or behavior

- Spamming our support team with excessive or repetitive requests

- Using the Services to process videos with illegal content, as defined by applicable laws

We take these actions very seriously and will take appropriate measures to protect our team and the integrity of our platform.

Disclaimer of warranty. Kapwing provides the Services to you as is. You use them at your own risk and discretion. That means they don’t come with any warranty. None expressed, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement.

Limitation of Liability. Kapwing will not be liable for any damages that may arise from your use of the Services, including but not limited to damages resulting from hacking or unavailability of the Services. This includes all types of damages, such as indirect, incidental, consequential, special, or exemplary damages, and all kinds of legal claims, including but not limited to breach of contract, breach of warranty, tort, or any other loss.

No waiver. If Kapwing doesn’t exercise a particular right under these Terms, that doesn’t waive it.

Severability. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.

Changes to the Service. Kapwing reserves the right to add, change, or remove features or functionality of the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time.

Choice of law and jurisdiction. These Terms are governed by California law, without reference to its conflict of laws provisions. You agree that any suit arising from the Services must take place in a court located in San Francisco, California.

Entire agreement. These Terms (including any document incorporated by reference into them) are the whole agreement between Kapwing and you concerning the Services.

These Terms were last modified in September, 2024.