Terms and Conditions - INCYMO

Terms and Conditions for smartUA Platform

Effective Date:27.03.25

Welcome to smartUA (the "Platform"), operated by Incymo AI, Inc. ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of the Platform and the services provided therein ("Services"). By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.

  1. Scope of Services
    1. Service Description: We provide a comprehensive suite of tools for the ideation and creation of advertising creatives through our Platform. Our services include, but are not limited to: generation of ad ideas and full creative briefs, creation of 2D and 3D video content, voiceovers, music, subtitles, and on-screen text overlays. Clients may generate outputs using either AI-generated ideas or their own uploaded content, including videos and music. Our proprietary algorithms are trained exclusively on publicly available data related to advertising creatives and their market performance. No confidential or private third-party data is used in the development or training of our systems. Client-submitted materials, including advertising videos or other content, may be used to personalize outputs for that specific client. Such materials are processed solely for the benefit of the submitting client and are not incorporated into our training data or shared with other clients. While client-provided assets can enhance the relevance and performance of generated content, they are not required to achieve high-quality results. Our system is designed to produce effective outputs using market-level insights derived from publicly accessible data, including both high- and low-performing creatives. Upon submission of a request for the creation of advertising creatives and payment of the corresponding invoice, we also offer the creation of 2D and 3D video content based on the full briefs generated by the client on our Platform.
    2. User Responsibilities
      You agree to:
      - Provide accurate, current, and complete information as required to access and use the Services.
      - Ensure that any content, data, or materials you upload or submit in connection with the Services (including but not limited to videos, images, music, scripts, logos, and other assets) are owned by you or that you have all necessary rights, licenses, and permissions to use and share such materials for the purposes of the Services.
      - Maintain the confidentiality of your account credentials and be responsible for all activities that occur under your account.
  2. Fees and Payment
    1. Subscription: Access to the Platform is provided on a subscription basis. Each subscription tier includes a predefined number of monthly credits, which may be used across various features of the Platform, including but not limited to: ad idea generation, full creative briefs, voiceovers, music, subtitles and on-screen text overlays, as well as video creation based on client-uploaded or AI-generated ideas. Clients may also upload their own videos or music for use within the Platform. All subscription fees are billed upfront on a monthly basis. If additional usage is required, clients may upgrade to a higher-tier subscription that includes a greater number of credits. All payments must be made in full as a 100% prepayment. No services will be rendered until payment has been received. Credits are valid only during the billing period in which they are issued. Any unused credits will automatically expire at the end of each monthly billing cycle and will not roll over to the following month, regardless of usage. Each new billing cycle will begin with the full credit allocation as defined by the client’s active subscription plan at that time. No refunds or extensions will be granted for unused credits. Subscriptions automatically renew at the end of each billing cycle for an additional term of equal length, unless canceled by the client prior to the renewal date. By maintaining an active subscription, the client authorizes us to charge the applicable subscription fee to the payment method on file at the beginning of each renewal period. Clients may cancel or change their subscription at any time through the account settings, with such changes taking effect at the end of the current billing cycle.
    2. Custom Production Services: In addition to automated services available through the Platform, clients may request manual production of advertising creatives based on full briefs generated within the Platform. To initiate this process, the client must complete a dedicated request form and submit all required assets, including but not limited to creative briefs, visual materials, and any other relevant content. Following submission, we will review the provided information and issue a custom invoice specifying the final price and estimated timeline for delivery. Manual production services will begin only upon receipt of full payment.
  3. Intellectual Property
    1. Algorithms and Ownership: All Intellectual Property Rights in and to the proprietary algorithms developed and used by Incymo AI, Inc. remain the sole and exclusive property of the company. These algorithms are trained exclusively on publicly available data related to advertising creatives and their performance in the market. We do not incorporate client-provided materials into the training of these algorithms. Client-uploaded assets — including videos, logos, audio, music, and other creative materials — may be processed solely for the purpose of generating outputs tailored to that specific client. Such materials are not shared with third parties and are not used to benefit other clients.
    2. License to Use Platform-Generated Results: For the duration of your active subscription, you are granted a non-exclusive, non-transferable, worldwide, royalty-free license to use all outputs generated through your use of the Platform — including but not limited to ad ideas, creative briefs, and videos — for your internal and external advertising purposes. This license automatically terminates upon expiration or cancellation of your subscription. Ownership of the underlying algorithms and systems remains with Incymo AI.
    3. Transfer of Intellectual Property Rights for Custom Creatives: All Intellectual Property Rights in final video creatives manually produced by the Incymo AI team — based on client-approved briefs and subject to full payment of the applicable invoice — will be transferred to the client upon receipt of full payment and delivery of the corresponding materials via the agreed communication channels (including but not limited to email, Slack, Telegram, or other mutually accepted means). This transfer applies only to the final deliverables created by Incymo AI, and not to any intermediate drafts, tools, or templates used in the production process.
    4. Confidentiality of Client Materials: All briefs, creatives, and other materials provided by you or generated for you will be treated with strict confidentiality. These materials will be used exclusively for the delivery of Services to you and for improving the quality and performance of outputs generated for your account. Under no circumstances will your data be disclosed to third parties or used for the benefit of other clients.
  4. Confidentiality
    1. Both parties agree to:
      - Keep confidential any non-public information disclosed by the other party in connection with the use of the Platform, including but not limited to information about advertising creatives, their performance (such as top-performing or underperforming creatives and associated KPIs), and any related visual or video materials;
      - This confidentiality obligation applies to all such information that was not publicly available at the time of disclosure and shall remain in effect during the term of this Agreement and for a period of two (2) years following the termination of the Customer’s use of the Platform or closure of the Customer’s account, whichever is later;
      - INCYMO AI, Inc may publicly disclose that a company is a client of the Platform based on information such as corporate email domains or billing details provided for invoicing purposes.
  5. Data Usage and Privacy
    1. Please refer to our Privacy Policy below for detailed information on how we collect, use, and disclose your personal data.
  6. Termination
    1. Our Rights: We reserve the right to suspend or terminate your access to the Platform for breach of these Terms or for any other reason, at our sole discretion.
    2. Your Rights: You may terminate your use of the Platform at any time by ceasing all use of the Services.
  7. Limitation of Liability
    1. No Indirect Damages: We are not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Platform.
    2. Maximum Liability: Our maximum liability for any claim arising from these Terms or the use of the Services is limited to the fees paid by you in the twelve (12) months preceding the claim.
  8. Governing Law
    1. These Terms are governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles.
  9. Dispute Resolution
    1. Any dispute arising under these Terms will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
  10. Changes to Terms
    1. We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our Platform. Continued use of the Services after any such changes constitutes your acceptance of the new Terms.

Privacy policy

Effective Date: 04.11.24

This Privacy Policy describes how Incymo AI, Inc. ("we," "us," or "our") collects, uses, and protects your personal information when you use our Platform.

  1. Information We Collect
    1. Personal Information:

      We collect information that identifies you personally, such as your name, email address, payment details, and any other information you provide when creating an account or using our Services.

    2. Usage Data:

      We collect information on how you use our Platform, including IP addresses, browser types, operating systems, and pages visited.

  2. How We Use Your Information
    1. To Provide Services: We use your information to operate, maintain, and provide you with the features and functionality of the Platform.
    2. To Communicate: We may use your contact information to send you updates, newsletters, and promotional materials.
    3. To Improve Services: We analyze usage data to improve the functionality and quality of our Services.
  3. Sharing Your Information
    1. We do not sell or rent your personal information to third parties. We may share your information with third-party service providers who assist in providing the Services, and as required by law or in connection with any legal proceedings.
    2. Data Security
      1. We implement appropriate technical and organizational measures to protect your personal information from unauthorized access, use, or disclosure.
    3. Your Rights
      1. You have the right to access, correct, or delete your personal information. You may also have the right to object to or restrict certain data processing activities.
    4. Data Retention
      1. We retain your personal information as long as necessary to provide the Services or as required by law.
    5. Children’s Privacy
      1. Our Platform is not intended for children under the age of 13, and we do not knowingly collect personal information from children.
    6. Changes to Privacy Policy
      1. We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on our Platform.
    If you have any questions about this Privacy Policy or our data practices, please contact us at:
    Incymo AI, Inc.
    7610 Harbor View Court, Mason, OH 45040, USA
    Email: legal@incymo.ai