HighReach Terms of Service

1. Who can use HighReach

1.1. Age. You must be at least 18 years old, and of the age of legal majority where you live, to use the Service. The Service is not directed to children, and we do not knowingly allow anyone under 18 to create an account.

1.2. Using HighReach for an organization. If you use the Service on behalf of a company or other organization, you confirm that you have authority to accept these Terms for it. In that case, "you" includes that organization.

1.3. Legal restrictions. You may not use the Service if you are barred from receiving it under the laws of the United States or any other applicable jurisdiction. This includes being located in a sanctioned country or appearing on a government restricted-party list.

2. Your account

2.1. Account information. Give us accurate information when you sign up and keep it up to date. You may sign up with an email address and password or through a third-party sign-in such as Google. If you use a third-party sign-in, that provider's terms also apply to how you sign in.

2.2. Security. You are responsible for everything that happens under your account. Keep your password confidential, do not share your account, and tell us right away at Email HighReach if you suspect unauthorized access.

2.3. One person per account. Accounts are personal. You may not sell, transfer or share an account. You may not create multiple accounts to get around usage limits, credit rules, promotions or enforcement action.

3. The Service

3.1. What HighReach does. HighReach is a creative studio for generating and editing images, video and audio with artificial intelligence. Most generation features are powered by third-party AI models and infrastructure providers (see Section 11).

3.2. Changes and availability. We may add, change, limit or remove features, models, tools or plans at any time. A specific third-party model may become slower, more expensive, or unavailable, or may be withdrawn by its provider. We do not promise that the Service, or any particular model, will always be available, uninterrupted or error-free.

3.3. Beta and free tools. Features marked beta, preview or experimental, and our free tools, are provided as-is. They may change or stop working at any time.

4. Plans, credits and payments

4.1. Subscriptions. Paid plans are billed in advance on a recurring basis, monthly or yearly where offered, at the price shown when you subscribe. Prices are in US dollars unless stated otherwise. They do not include taxes, which are added where required.

4.2. Payment processing. Payments are processed by Stripe, Inc. HighReach does not store your full card details. By paying, you authorize us and Stripe to charge your payment method for all fees when due, and you also agree to Stripe's terms. If a payment fails, we may suspend or cancel your plan.

4.3. Automatic renewal. Your subscription renews automatically at the end of each billing period at the then-current price until you cancel. To avoid the next charge, cancel before your renewal date from your account settings. Where the law requires it, we will remind you before a renewal.

4.4. Credits. Generating content uses credits.

• The number of credits a generation costs depends on the model, settings, resolution and length. The studio shows the cost before you generate. Credit costs may change over time.
• Credits have no cash value. They cannot be redeemed for money, transferred, sold or exchanged, and they can only be used on the Service.
• Subscription credits are granted for each billing period. They do not roll over: unused credits expire at the end of the billing period.
• If a generation fails because of an error on our side or at a model provider, the credits used for it are returned to your balance automatically.
• Promotional or bonus credits may carry their own limits and expiry dates, and they may be withdrawn if they are obtained through abuse.

4.5. Upgrades and downgrades.

• Upgrades take effect immediately. You are charged the price difference for the current billing period, and your credits are topped up to the new plan's allowance.
• Downgrades take effect at the start of your next billing period.

4.6. Cancellation. You can cancel at any time from your account settings. Cancellation takes effect immediately: future renewals stop and any remaining subscription credits are removed from your account.

4.7. Refunds. Except where the law requires otherwise, all payments are final and non-refundable, including for partially used billing periods and unused credits. We may grant a refund or credit at our discretion in exceptional cases, such as a duplicate charge. Contact Email HighReach.

4.8. Consumers in the EU, UK and similar jurisdictions. If you are a consumer with a statutory right to withdraw from a digital services contract, you ask us to start providing the Service immediately when you subscribe. You also acknowledge that you lose your right of withdrawal once you begin using credits, to the extent the law allows.

4.9. Price changes. We may change plan prices. We will notify you in advance of a price change that affects your subscription. If you do not agree, cancel before the new price applies.

4.10. Chargebacks. If you dispute a charge with your bank instead of contacting us first, we may suspend your account while the dispute is open.

5. Your content

5.1. Inputs and Outputs.

• "Inputs" means anything you submit to the Service, such as prompts, text, images, videos, audio, reference media and brand assets.
• "Outputs" means the images, video, audio and other content the Service generates for you.
• Together they are "Your Content".

5.2. You own Your Content.

• As between you and HighReach, you keep whatever rights you have in your Inputs.
• We assign to you any rights we may have in your Outputs.
• We do not claim ownership of Your Content.
• On paid plans, you may use your Outputs for any lawful purpose, including commercial use, subject to these Terms and to the usage terms of the model that produced them.
• Your rights in Outputs you have downloaded continue after your plan ends.

5.3. Limits of AI outputs.

• AI Outputs may not be unique. The Service may generate the same or similar content for other users, and we do not give you exclusive rights in content that others independently generate.
• In some countries, purely AI-generated content may not be protected by copyright.
• We make no promise that you can register, enforce or exclusively own any Output.

5.4. License you give us. You grant HighReach a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display and modify Your Content. The license is only for:

• operating, providing, securing and supporting the Service for you
• sending Inputs to the model and infrastructure providers needed to fulfil your requests
• detecting and preventing abuse, and enforcing these Terms
• complying with the law

The license ends when you delete the relevant content or your account. It continues only for copies we must keep for legal, security or backup reasons, as described in our Privacy Policy. We will not publish Your Content or use it in our marketing without your permission.

5.5. No training of our own models. HighReach does not use Your Content to train its own AI models. Third-party model providers process your Inputs and Outputs under their own terms and policies (see Section 11).

5.6. Your responsibility for Your Content. You are solely responsible for Your Content and for how you use, publish and distribute Outputs. You confirm that:

• you own, or have all rights, licenses and permissions needed for, your Inputs
• your Inputs and your use of Outputs do not infringe or violate anyone's rights, including copyright, trademark, privacy, publicity or likeness rights
• you will review every Output before using it, especially for accuracy, legal compliance and suitability for advertising

5.7. Storage and backups. We store Your Content so you can access it, but we are not a backup service. Keep your own copies of anything important. We may set reasonable limits on storage, file size and retention. We may also permanently delete content after your account is closed, as described in Section 17.

6. Faces, voices and likeness

Some features let you work with images, video or audio of real people, for example face swap, lip-sync, talking avatars, character replacement, outfit changes, voice cloning, voice changing and dubbing.

6.1. Consent. Before you upload or generate content that includes a real, identifiable person's face, body or voice, you must have that person's permission to use their likeness in that way. This includes yourself, if you are the person. You also confirm that you have all consents, releases and notices required by law. That includes laws on biometric information, privacy, publicity rights and data protection, such as the Illinois Biometric Information Privacy Act.

6.2. What is never allowed. You may not use the Service to:

• create sexual, intimate or nude imagery of a real person
• create any sexualized content involving minors
• depict a real person saying or doing something they did not say or do in a way that could mislead people, harm them or damage their reputation
• impersonate anyone
• clone or imitate a voice without the speaker's permission
• create content of public figures that could be mistaken for real, or that implies an endorsement that does not exist

6.3. Biometric data. HighReach does not use the Service to identify or verify people. We do not create or keep facial or voice templates for that purpose. To perform the feature you request, our model providers may analyse facial or voice characteristics in your media. Do not upload media of a person for whom you lack the consents described above.

6.4. Minors. Do not upload or generate content depicting anyone under 18 in any face, voice, avatar or likeness feature unless you are their parent or legal guardian and the use is lawful and appropriate.

7. Acceptable use

7.1. Prohibited content. You may not use the Service to create, upload or share content that:

• sexualizes or exploits minors in any way. We report child sexual abuse material to the National Center for Missing & Exploited Children and to law enforcement.
• is sexually explicit or pornographic, or is non-consensual intimate imagery
• infringes or misappropriates anyone's intellectual property, privacy, publicity or likeness rights
• is deceptive, including fake news, election or voting misinformation, fake reviews or testimonials, and misleading health, financial or product claims in ads
• promotes violence, terrorism, self-harm, hate, harassment, bullying or discrimination
• facilitates fraud, scams, phishing, impersonation or other illegal activity
• contains other people's personal or sensitive data without permission
• violates the rules of the platforms where you publish it

7.2. Prohibited conduct. You may not:

• reverse engineer, decompile, scrape or copy the Service, or extract its models, prompts or data, except as the law allows
• use bots, scripts or automated means to access the Service except through interfaces we provide for that purpose
• bypass or interfere with safety filters, rate limits, credit metering, security measures or access controls
• resell, sublicense or provide access to the Service, or your account, to others without our written permission
• interfere with or overload the Service or its infrastructure, or introduce malware
• use the Service to build or train a competing product or model, where a model provider's terms prohibit it
• remove, alter or obscure any watermark, label or provenance signal (such as SynthID) that a model or HighReach applies to Outputs

7.3. Advertising and disclosure. If you use Outputs in advertising or other public communications, you are responsible for complying with advertising laws and platform policies. These include the US Federal Trade Commission's rules on endorsements and testimonials. You must also disclose that content is AI-generated or altered wherever the law or a platform requires it.

8. Moderation and enforcement

8.1. Our rights. We may, but are not obliged to, use automated systems and human review to monitor Inputs and Outputs. We may also block prompts, refuse to generate content, and remove or disable access to content.

8.2. Enforcement. If we reasonably believe you have breached these Terms or the law, or that you create risk or legal exposure for HighReach or others, we may:

• warn you
• remove content
• limit features
• suspend or close your account
• withhold or remove credits
• report you to the authorities

Where appropriate and permitted, we will tell you why. If your account is closed for breach of these Terms, you are not entitled to a refund.

8.3. No liability for enforcement. To the extent permitted by law, we are not liable to you for content removed, generations refused or access suspended under this Section.

9. Copyright and IP complaints

9.1. Notices. We respect intellectual property rights and respond to valid notices under the US Digital Millennium Copyright Act (DMCA) and similar laws. To report content on the Service that you believe infringes your copyright, email Email HighReach with:

• your contact details and a physical or electronic signature
• a description of the copyrighted work
• the location of the infringing material (for example a URL)
• a statement that you have a good-faith belief the use is not authorized
• a statement, under penalty of perjury, that your notice is accurate and that you are authorized to act for the rights owner

9.2. Counter-notices. If your content was removed and you believe it was a mistake, you may send a counter-notice with the information required by law.

9.3. Repeat infringers. We will close the accounts of repeat infringers in appropriate circumstances.

10. HighReach's rights

10.1. Our rights. The Service, including its software, design, text, graphics, logos, templates, example prompts and inspirations (other than Your Content), belongs to HighReach or its licensors. It is protected by intellectual property laws.

10.2. Your license. We give you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service under these Terms. All rights not expressly granted are reserved.

10.3. Feedback. If you send us ideas or feedback, we may use them without restriction or payment to you.

11. Third-party models and services

11.1. Who powers the Service. The Service relies on third parties, including:

• infrastructure and inference providers such as fal.ai
• AI model developers such as Google, OpenAI, ByteDance, Kuaishou (Kling), MiniMax, Alibaba, Black Forest Labs and ElevenLabs
• Stripe for payments, Auth0 for sign-in, and Cloudflare for networking and storage

11.2. Model usage policies. When you use a feature, your Inputs are sent to the providers needed to fulfil it. You agree to comply with the acceptable use policies of the models you choose, including any restrictions they place on Outputs.

11.3. Not our responsibility. We are not responsible for third-party models, services, websites or content, or for any change to or withdrawal of them, and we do not endorse them.

12. Privacy

Our Privacy Policy explains how we collect and use personal information. It forms part of these Terms.

13. Disclaimers

THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, HIGHREACH DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. THIS INCLUDES WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

AI SYSTEMS ARE UNPREDICTABLE. WE DO NOT WARRANT THAT ANY OUTPUT WILL BE ACCURATE, ORIGINAL, LAWFUL, NON-INFRINGING, SUITABLE FOR ADVERTISING OR ANY OTHER PURPOSE, OR THAT IT WILL MATCH YOUR PROMPT. OUTPUTS MAY CONTAIN ERRORS, ARTIFACTS, BIAS OR CONTENT SIMILAR TO EXISTING WORKS. YOU USE OUTPUTS AT YOUR OWN RISK AND ARE RESPONSIBLE FOR CHECKING THEM BEFORE USE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT CONTENT WILL BE STORED WITHOUT LOSS, OR THAT ANY MODEL OR FEATURE WILL REMAIN AVAILABLE.

14. Limitation of liability

14.1. Excluded damages. TO THE FULLEST EXTENT PERMITTED BY LAW, HIGHREACH AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. THEY WILL ALSO NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, REPUTATION, DATA OR CONTENT, OR THE COST OF SUBSTITUTE SERVICES. THIS APPLIES TO CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE, OUTPUTS, YOUR CONTENT, THIRD-PARTY MODELS OR SERVICES, OR THESE TERMS, WHATEVER THE LEGAL THEORY AND EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE.

14.2. Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, HIGHREACH'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID HIGHREACH IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY US DOLLARS (US$50).

14.3. Events beyond our control. We are not liable for any delay or failure caused by events beyond our reasonable control. These include outages or changes at third-party model, cloud or payment providers, internet failures, cyberattacks, natural disasters, war, labor disputes and government action.

14.4. Where these limits do not apply. Some jurisdictions do not allow certain warranties or liabilities to be excluded or limited. In those places, our liability is limited to the smallest extent the law allows. Nothing in these Terms limits liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be limited by law. It also does not affect your mandatory rights as a consumer.

15. Indemnity

To the fullest extent permitted by law, you will defend, indemnify and hold harmless HighReach and its affiliates, officers, directors, employees and agents from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable legal fees, arising from:

• Your Content or your use, publication or distribution of Outputs
• your use or misuse of the Service
• your breach of these Terms or of any law
• your violation of any third party's rights, including intellectual property, privacy, publicity or likeness rights

We may take control of the defense of any such claim, and you will cooperate with us.

16. Changes to these Terms

We may update these Terms from time to time. If a change is material, we will give you reasonable notice before it takes effect, for example by email or in the app. Continuing to use the Service after the effective date means you accept the updated Terms. If you do not agree, stop using the Service and cancel your plan.

17. Termination and account deletion

17.1. By you. You may stop using the Service at any time and delete your account from your account settings. Deleting your account cancels any active subscription and permanently deletes Your Content from our active systems. Download anything you want to keep first.

17.2. By us. We may suspend or terminate your access as described in Section 8. We may also do so if we stop offering the Service, giving reasonable notice where practical.

17.3. Effect. When your account ends:

• your right to use the Service ends
• any remaining credits are forfeited
• we may delete Your Content

The following Sections survive termination: 4 (for amounts owed), 5.2 to 5.6, 6, 9, 10, 13, 14, 15, 17, 18 and 19, together with anything else that by its nature should survive.

18. Dispute resolution and arbitration

18.1. Informal resolution first. Before starting any formal proceeding, contact us at Email HighReach with a description of your dispute. You and HighReach agree to try in good faith to resolve it informally for at least 60 days.

18.2. Binding individual arbitration. If the dispute is not resolved informally, you and HighReach agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration. This covers past, present and future disputes and claims about whether this Section is valid or applies. The exceptions are listed in Section 18.4.

• The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules or, where they apply, its Commercial Arbitration Rules.
• It will be held remotely or in a location reasonably convenient to you.
• The Federal Arbitration Act governs this Section.

18.3. Class action and jury waiver. YOU AND HIGHREACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. YOU AND HIGHREACH ALSO WAIVE ANY RIGHT TO A JURY TRIAL. The arbitrator may not consolidate claims of more than one person, and may award relief only to the individual party seeking it.

18.4. Exceptions. Either party may:

• bring an individual claim in small claims court
• seek an injunction or other equitable relief in court to protect its intellectual property or to stop misuse of the Service

18.5. Mass filings. If 25 or more similar arbitration demands are filed by or with the help of the same law firm or organization, the AAA's Mass Arbitration Supplementary Rules apply, and the cases may be resolved in batches.

18.6. Opting out. You can opt out of this arbitration agreement by emailing Email HighReach within 30 days after you first accept these Terms. Use the subject line "Arbitration Opt-Out" and include your name and account email. Opting out does not affect the rest of these Terms.

18.7. Time limit. To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

18.8. If this Section is unenforceable. If the class action waiver is found unenforceable for a claim, that claim must be heard in court, not in arbitration. If any other part of this Section is found unenforceable, the rest still applies.

18.9. Consumers outside the United States. If you are a consumer in the EU, UK, Canada (including Québec) or another jurisdiction whose laws do not allow pre-dispute arbitration or class action waivers for consumers, this Section 18 does not apply to you to that extent. You may bring claims in the courts available to you under your local law.

19. General terms

19.1. Governing law. These Terms are governed by the laws of the State of Delaware and applicable US federal law, without regard to conflict-of-law rules. Subject to Section 18, the state and federal courts located in Delaware have exclusive jurisdiction, and you and HighReach consent to their jurisdiction. If you are a consumer, this does not take away the protection of mandatory laws in your country of residence.

19.2. Entire agreement. These Terms, together with our Privacy Policy and any plan terms shown at purchase, are the entire agreement between you and HighReach about the Service. They replace any earlier agreements on that subject.

19.3. Assignment. You may not assign or transfer these Terms without our consent. We may assign them, including in connection with a merger, acquisition or sale of assets.

19.4. Severability and waiver. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the rest stays in effect. Failing to enforce a provision is not a waiver of it.

19.5. Relationship of the parties. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship. There are no third-party beneficiaries.

19.6. Export and sanctions. You will comply with all applicable export control and sanctions laws when using the Service and Outputs.

19.7. Electronic communications. You agree to receive notices and other communications from us electronically, by email or in the Service. These satisfy any legal requirement that communications be in writing.

19.8. Mobile apps. If you download our app from the Apple App Store or Google Play, these Terms are between you and HighReach, not Apple or Google. You must also follow the store's terms. Apple and its subsidiaries are third-party beneficiaries of these Terms for the purposes of enforcing them against you as they relate to the iOS app.

19.9. Language. These Terms are written in English. If a translation conflicts with the English version, the English version controls, except where the law requires otherwise.

20. Contact

High Reach, Inc.

• General and support: Email HighReach
• Legal notices: Email HighReach
• Copyright complaints: Email HighReach