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Terms of Service

Last updated: October 2025 • Version 1.0

1. Introduction

These Terms of Service (“Terms”) govern your use of the GYMO web application (“Service” or “Platform”) and any related services provided by EMGY. By accessing or using the Service, you agree to be bound by these Terms.

The Service is operated by EMGY, located at Oost-indiëplaats 2611BS Delft, The Netherlands. You can contact us via email at contact@emgy.eu.

2. Acceptance of Terms

By creating an account or using the Service, you confirm that you are at least 18 years old and capable of entering into a binding agreement. If you do not agree to these Terms, you must not use the Service.

3. Description of Service

GYMO is an AI-powered web service that transforms static artwork into moving Spotify Canvas videos. The Service analyzes your uploaded artwork and creates animated videos which may be suitable for use as Spotify Canvas content.

IMPORTANT - Service Under Development: The Service is continuously being developed and improved. It relies on third-party AI models that are inherently unpredictable and may produce varying results. Generated videos may not always match your artistic vision, expectations, or creative goals. By using the Service, you acknowledge and accept that AI-generated outputs are experimental in nature and results cannot be guaranteed.

Free Features (First 200 Users)

  • Account creation and profile management
  • 10 free credits for the first 200 users (1 video generation)
  • Same quality video generation as paid users

Note: After the first 200 signups, new users start with 0 credits and must purchase credits or subscribe to generate videos.

Paid Features

  • Additional credits for unlimited video generation
  • Monthly subscriptions with 30, 100, or 200 credits (Starter, Pro, or Premium plans)
  • One-time credit packs for flexible purchases (30 credits)
  • Same high-quality AI-powered video generation as free users

Spotify Canvas Usage

IMPORTANT: The Service generates videos optimized for use as Spotify Canvas content. However:

  • GYMO is not affiliated with, endorsed by, or sponsored by Spotify
  • You must separately comply with Spotify's Terms of Service and Canvas Guidelines
  • Spotify may reject or remove content at their discretion
  • We make no guarantees that generated videos will be accepted by Spotify
  • You are solely responsible for ensuring your content meets Spotify's requirements

Third-Party AI Services and Compliance

The Service uses third-party services, to generate videos. By using the Service, you expressly agree to comply with Luma AI's Terms of Service, which can be found at https://lumalabs.ai/learning-hub/terms-of-use. You acknowledge that:

  • Your use of GYMO constitutes acceptance of Luma AI's Terms of Service
  • Any violation of Luma AI's terms is also a violation of these Terms
  • We may terminate your access if you violate Luma AI's terms
  • These AI models may have been trained on various data sources
  • You are responsible for ensuring your use of generated videos complies with all applicable laws and third-party rights

4. Account Registration

To use the Service, you must create an account. You agree to:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized use
  • Be responsible for all activities under your account

By creating an account, you agree to receive essential service communications. You may receive optional emails such as product updates and announcements, which you can opt out of at any time.

5. Subscriptions and Payment

Subscription Plans and Pricing

  • Monthly Starter: €1.99 per month (30 credits, recurring)
  • Monthly Pro: €5.99 per month (100 credits, recurring)
  • Monthly Premium: €9.99 per month (200 credits, recurring)
  • One-Time Pack: €2.99 (30 credits, one-time purchase)
  • Free Credits Promotion: First 200 users receive 10 free credits upon signup. After the first 200 signups, new users start with 0 credits and must purchase credits or subscribe to use the Service.

Note: Pricing and credit allocations are subject to change. We reserve the right to modify subscription plans, pricing, and promotional offers at any time with notice to existing subscribers.

Billing and Payment

All payments are processed through Stripe and are subject to their terms and conditions. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. You can manage your subscription through your account settings or the Stripe customer portal.

Credits System

Video generation costs 10 credits per video. Credits do not expire but are non-refundable once used. Unused credits from cancelled subscriptions remain in your account.

Failed Generations and No Refund Policy

Technical Failures: If a video generation fails due to technical issues on our end (server errors, service outages, or system failures that prevent video generation from completing), you may contact support at contact@emgy.eu for manual credit restoration on a case-by-case basis at our sole discretion.

NO REFUNDS FOR COMPLETED GENERATIONS: No refunds, credits, or compensation of any kind will be provided for generations that complete successfully but do not meet your artistic expectations, creative vision, quality standards, or intended use. This includes but is not limited to situations where the generated video differs from what you expected, contains unexpected elements, lacks desired motion, has undesired visual artifacts, or is otherwise unsatisfactory from an artistic or creative perspective. By using the Service, you explicitly acknowledge that AI-generated outputs are unpredictable and you accept full responsibility for reviewing and determining whether the output meets your needs before using it. Credits are consumed upon successful generation completion regardless of output quality or your satisfaction with the results.

6. EU Consumer Rights and Digital Content Directive Compliance

Right of Withdrawal

If you are a consumer based in the European Union, you have a statutory right to withdraw from a contract for the purchase of digital services within 14 days from the day of the conclusion of the contract, without giving any reason.

Express Consent and Waiver: By purchasing credits or subscriptions and clicking “confirm purchase” or similar, you expressly request and consent to the immediate performance of the Service and the immediate delivery of digital content. You acknowledge and agree that by beginning to use the Service (including generating videos), you thereby lose your statutory right of withdrawal for the purchased credits or subscription, as the digital content has been fully performed with your prior express consent.

EU Digital Content Directive (2019/770)

Under the EU Digital Content Directive, consumers are entitled to digital services that conform to the contract and possess the qualities and performance capabilities normal for digital content of the same type. You acknowledge and agree that:

  • The Service's outputs are generated using experimental AI models that may produce variable, unpredictable, or unexpected results
  • The “conformity” of AI-generated content is inherently limited by the experimental and probabilistic nature of artificial intelligence technology
  • We commit to maintaining the Service in a manner consistent with its advertised functionality (transforming images into videos)
  • No guarantee is made as to the artistic quality, technical perfection, or suitability for any particular purpose of AI-generated outputs
  • We will make reasonable efforts to ensure continued conformity through updates and improvements to the Service

Statutory Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under applicable EU law, which cannot be waived by contract. In the event of any conflict between these Terms and mandatory consumer protection laws, the mandatory legal provisions shall prevail. You may have additional rights under your local consumer protection laws.

7. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are solely responsible for ensuring your use complies with all applicable laws, Luma AI's Terms of Service, and the terms of service of our other third-party AI providers.

Prohibited Uses

You agree NOT to use the Service or the generated videos for any illegal, harmful, unethical, or otherwise prohibited purposes, including but not limited to:

  • To engage in regulated activity without complying with applicable regulations, or promote or engage in any illegal activity, including the development or distribution of illegal substances, goods, or services, or exploitation or harm of children
  • To generate pornographic or sexually explicit content
  • To create deepfakes or similarly deceptive content that misrepresents reality or impersonates real people
  • To engage in political activity, including any manipulation or attempted manipulation of governments or elections, or to spread misinformation or misleading information about a person, group, or entity
  • To create psychologically harmful content
  • To facilitate or promote the exchange of illegal or highly regulated goods
  • To defraud, scam, spam, mislead, bully, harass, defame, discriminate based on protected attributes, sexualize children, or promote or incite violence or hatred
  • To misrepresent (1) the source of the generated videos, or (2) that generated videos are human-created rather than AI-generated
  • To provide any third party with access to any AI models provided through the Service
  • To use the Service or generated videos for purposes of creating, testing, improving, training, or otherwise developing your own or any third party's artificial intelligence or machine learning models, systems, architecture, weights, or related technology
  • To upload content that infringes on intellectual property rights
  • To attempt to reverse engineer or modify the Service
  • To use automated tools or bots to access the Service
  • To share your account credentials with others
  • To upload content containing malware or harmful code
  • To attempt to circumvent credit usage limits or security measures
  • To use the Service in any way that could damage our reputation or business

Content Responsibility

You are solely responsible for the content you upload and the videos you generate. You must:

  • Ensure you have the right to use any artwork you upload
  • Ensure the resulting videos comply with applicable laws and platform policies
  • Clearly disclose when content is AI-generated where required by law or platform policies
  • Comply with all applicable regulations in your jurisdiction

8. Data Protection and Privacy

GDPR Compliance and Privacy Policy

We are committed to protecting your privacy and handling your personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. For complete details on how we collect, process, store, and protect your personal data, including information about our legal basis for processing, data retention periods, and international data transfers, please review our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you acknowledge that you have read and understood our Privacy Policy and consent to the collection and processing of your personal data as described therein.

Your Data Rights Under GDPR

As a data subject under GDPR, you have the following rights:

  • Right of Access: You have the right to access your personal data and obtain information about how we process it
  • Right to Rectification: You have the right to correct inaccurate or incomplete personal data
  • Right to Erasure: You have the right to request deletion of your personal data under certain circumstances
  • Right to Data Portability: You can export your data in a structured, commonly used format
  • Right to Object: You have the right to object to certain types of data processing
  • Right to Restrict Processing: You can request that we limit how we use your data
  • Right to Withdraw Consent: Where processing is based on consent, you can withdraw it at any time

To exercise any of these rights, please contact us at contact@emgy.eu. We will respond to your request within one month in accordance with GDPR requirements.

Data Ownership and Third-Party Processing

  • You retain ownership of your uploaded artwork
  • Your personal data may be processed by third-party service providers (as detailed in our Privacy Policy)
  • We will not sell your personal data to third parties
  • You have the right to lodge a complaint with your local data protection authority if you believe your rights have been violated

9. Intellectual Property

Service Ownership

The Service and its content, features, and functionality are owned by EMGY and are protected by international copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service for personal or business purposes in accordance with these Terms.

Your Content

You retain ownership of your uploaded artwork and generated videos. However, you grant us a limited license to process your content for the purpose of providing our services. You are responsible for ensuring you have all necessary rights to the artwork you upload.

Commercial Use Rights

You may use generated videos for commercial purposes, including as Spotify Canvas content for monetized music, subject to the following conditions:

  • You must own or have rights to the original artwork used to generate the video
  • You must comply with all applicable laws, regulations, and third-party rights
  • You must obtain any necessary licenses for music or other content you combine with the generated video
  • You must comply with the terms of service of any platform where you use the videos (e.g., Spotify)
  • You acknowledge that AI-generated content may not be copyrightable in some jurisdictions
  • Commercial use rights apply only to the video generation service, not to any underlying copyrighted elements in your original artwork

Important: While our AI provider permits commercial use of generated videos, you are solely responsible for ensuring your use complies with all applicable intellectual property laws and third-party rights. We make no representations or warranties regarding the copyrightability or legal status of AI-generated content.

10. Disclaimers and Limitation of Liability

Service Availability and Performance

The Service is provided on an “as is” and “as available” basis. While we strive for accuracy and reliability, we do not guarantee that the Service will be error-free, uninterrupted, or free from technical issues. The Service may be temporarily unavailable due to maintenance, updates, server outages, or circumstances beyond our control.

AI-Powered Features Disclaimer

IMPORTANT: Our AI-powered video generation features utilize artificial intelligence technology, which is inherently imperfect and may produce unexpected results. You acknowledge and agree that:

  • AI processing may interpret your artwork differently than expected
  • Generated videos may not perfectly match your artistic vision
  • You are solely responsible for reviewing generated content before use
  • We make no warranties regarding the accuracy or suitability of AI-generated results

Data Backup and User Responsibility

CRITICAL: The Service does not provide video storage or retention services. Generated videos are displayed temporarily during creation and must be downloaded immediately or they will be lost permanently. You are solely responsible for saving your content. We strongly recommend that you:

  • Download and save all generated videos immediately upon completion
  • Do not navigate away from the results page without downloading your video
  • Maintain local copies of your original artwork
  • Do not rely on the Service for any video storage or retrieval

Limitation of Liability

To the maximum extent permitted by applicable law, EMGY, its directors, officers, employees, agents, affiliates, partners, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to (including but not limited to):

  • Your use of, inability to use, or reliance on the Service or any generated videos
  • Any inaccuracies, errors, defects, or unexpected results in AI-generated content
  • Videos that do not meet your expectations, artistic vision, quality standards, or intended purpose
  • Any use of generated videos on third-party platforms (including Spotify) and any rejection, removal, or consequences thereof
  • Loss, corruption, deletion, or failure to store your data, images, or generated videos
  • Service interruptions, outages, technical failures, bugs, or performance issues
  • Actions or failures of third-party AI providers (including Luma AI) or other third-party services
  • Any copyright, trademark, or intellectual property disputes arising from your use of the Service or generated videos
  • Any claims by third parties related to your uploaded content or generated videos
  • Business losses, lost profits, lost revenue, lost opportunities, lost data, or loss of goodwill
  • Reputational damage or harm resulting from generated videos
  • Any violation of third-party rights (including privacy, publicity, or intellectual property rights) arising from generated videos
  • Any legal claims, demands, or proceedings related to your use of the Service or generated videos
  • Unauthorized access to your account or data security breaches
  • Any decisions made based on AI-generated content
  • Costs of procurement of substitute goods or services
  • Any other matter relating to the Service, your use thereof, or any content generated through the Service

This limitation applies regardless of the legal theory upon which the claim is based, whether in contract, tort (including negligence), strict liability, warranty, or otherwise, and whether or not EMGY has been advised of the possibility of such damages.

Maximum Liability Cap

Except as prohibited by applicable law, our total aggregate liability to you shall not exceed the total amount you paid us in the 12 months immediately preceding the event giving rise to the claim.

11. User Indemnification

You agree to defend, indemnify, and hold harmless EMGY, its directors, officers, employees, agents, affiliates, and service providers from and against any and all claims, demands, actions, damages, losses, costs, and expenses (including attorney's fees) arising out of or relating to your use or misuse of the Service, your violation of these Terms, your violation of any applicable laws (including Luma AI's Terms of Service), your infringement of any third-party rights, any content you upload, or any disputes between you and third parties.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to material breach of these Terms, violation of applicable laws (including Luma AI's Terms of Service), fraudulent activity, misuse of the Service, non-payment of subscription fees, or at our sole discretion.

You may terminate your account at any time through your account settings or by contacting us at contact@emgy.eu. Upon termination, your right to use the Service will cease immediately, you remain liable for any outstanding obligations, and surviving provisions of these Terms will continue to apply.

13. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, wars, terrorism, pandemics, government actions, labor disputes, internet outages, cyber attacks, or failures of third-party services. During such events, our obligations will be suspended until the circumstance is resolved.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide you with at least 30 days' notice of any significant changes via email or in-app notification. Your continued use of the Service after the changes take effect constitutes your acceptance of the new Terms.

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of law principles.

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of The Hague, The Netherlands. If you are a consumer in the European Union, you may also bring proceedings in the courts of the country where you reside.

16. Online Dispute Resolution

If you are a consumer in the European Union, you can use the Online Dispute Resolution (ODR) platform provided by the European Commission to resolve disputes. You can access the platform here: http://ec.europa.eu/consumers/odr

17. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. Where possible, the invalid provision will be replaced with a valid provision that most closely approximates the intent of the original provision.

18. Contact Information

If you have questions about these Terms of Service, please contact us:

Company: EMGY

Address: Oost-indiëplaats 2611BS Delft, The Netherlands

Email: contact@emgy.eu