Terms of Service

Last updated: December 18, 2024

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Arken AI LLC ("Company", "we", "us", or "our"), operating as unscreen.io. By accessing or using our video background removal service ("Service"), you agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

1. Acceptance of Terms

By creating an account, accessing, or using our Service, you confirm that:

  • You are at least 16 years of age (or the age of digital consent in your jurisdiction)
  • You have the legal capacity to enter into binding agreements
  • You will comply with these Terms and all applicable laws and regulations
  • All information you provide is accurate, current, and complete
  • If you are using the Service on behalf of an organization, you have authority to bind that organization to these Terms

If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

unscreen.io provides AI-powered video background removal services, including:

  • Browser-based processing: Local video processing using WebAssembly technology in your browser
  • Cloud processing: Server-side video processing for higher quality and faster results
  • API access: Programmatic access for developers and businesses (on eligible plans)
  • Export options: Various formats including MP4, MOV, WebM, and GIF with transparent backgrounds

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

3. User Accounts

3.1 Account Registration

Certain features require account creation. You agree to:

  • Provide accurate and complete registration information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

3.2 Account Termination

You may terminate your account at any time by contacting support@unscreen.io. We may suspend or terminate your account immediately, without prior notice, if you:

  • Violate these Terms or any applicable laws
  • Engage in fraudulent, abusive, or illegal activity
  • Fail to pay applicable fees
  • Misuse the Service or attempt to circumvent limitations

4. Pricing and Payments

4.1 Pricing Model

We offer a pay-as-you-go pricing model:

  • Free tier: Limited browser-based processing with watermark
  • Paid minutes: Cloud processing at €1.99 per minute of video length
  • Prices are in Euros (EUR) and exclude applicable taxes
  • Minutes are counted per video and rounded up to the nearest minute

4.2 Payment Processing

  • Payments are processed securely through Stripe
  • You authorize us to charge your payment method for purchases
  • You are responsible for keeping payment information current
  • Failed payments may result in service interruption

4.3 Refunds

  • Purchased minutes are non-refundable once used
  • Refund requests for unused minutes may be considered within 14 days of purchase
  • We reserve the right to refuse refunds in cases of abuse or fraud
  • To request a refund, contact support@unscreen.io

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service for lawful purposes including:

  • Personal video editing and content creation
  • Professional and commercial content production (on paid plans)
  • Educational and training materials
  • Integration into your applications via API (on eligible plans)

5.2 Prohibited Conduct

You must NOT:

  • Upload videos containing illegal, harmful, defamatory, or infringing content
  • Upload videos depicting minors without proper parental/guardian consent
  • Upload pornographic, obscene, or sexually explicit content
  • Upload content promoting violence, hate speech, or discrimination
  • Use the Service for spam, phishing, or malicious purposes
  • Attempt to bypass security measures, rate limits, or usage restrictions
  • Reverse engineer, decompile, or disassemble the Service
  • Use automated tools to scrape, crawl, or abuse the Service
  • Resell, redistribute, or sublicense the Service without authorization
  • Impersonate others or misrepresent your identity or affiliation
  • Upload videos you do not have rights to process
  • Interfere with or disrupt the Service or servers

6. Intellectual Property

6.1 Your Content

You retain all ownership rights to the videos you upload ("Your Content"). By uploading videos, you grant us a limited, non-exclusive, royalty-free license to:

  • Store, process, and transmit Your Content for the purpose of providing the Service
  • Create derivative works (processed videos with removed backgrounds) for delivery to you

This license terminates when you delete Your Content or close your account.

6.2 Our Intellectual Property

The Service, including but not limited to software, algorithms, machine learning models, user interface, graphics, logos, and documentation, is owned by us and protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

6.3 Your Representations

By uploading videos, you represent and warrant that:

  • You own or have all necessary rights and licenses to the content
  • The content does not infringe any third-party intellectual property rights
  • You have obtained all necessary consents from individuals depicted
  • Processing the content complies with all applicable laws

7. API Terms

If you access the Service via API, the following additional terms apply:

  • API keys are confidential and non-transferable
  • You are responsible for securing your API keys and all activity using them
  • Rate limits and usage quotas apply based on your plan
  • We may monitor API usage to prevent abuse
  • Excessive or abusive API usage may result in throttling or suspension
  • API availability is provided on an "as-is" basis without uptime guarantees

8. Data Protection and Privacy

8.1 Data Processing

Our Privacy Policy (available at /legal/privacy-policy) governs how we collect, use, and protect your data. Key points:

  • Videos uploaded for cloud processing are stored temporarily on secure servers
  • Processed videos are available for download for 30 days, then automatically deleted
  • Browser-based processing keeps your videos on your device (they are not uploaded to our servers)
  • We do NOT use your videos to train AI models without explicit consent

8.2 GDPR Rights (EU/EEA Users)

If you are located in the European Union or European Economic Area, you have the following rights under the General Data Protection Regulation (GDPR):

  • Right of Access: Request a copy of your personal data
  • Right to Rectification: Request correction of inaccurate data
  • Right to Erasure ("Right to be Forgotten"): Request deletion of your personal data at any time
  • Right to Restriction: Request limitation of data processing
  • Right to Data Portability: Receive your data in a structured, machine-readable format
  • Right to Object: Object to processing based on legitimate interests
  • Right to Withdraw Consent: Withdraw consent at any time where processing is based on consent

To exercise any of these rights, contact us at privacy@unscreen.io or legal@unscreen.io. We will respond within 30 days as required by law.

8.3 Data Deletion Requests

You may request deletion of your account and all associated data at any time by:

  • Emailing privacy@unscreen.io with subject line "Data Deletion Request"
  • Including your registered email address and user ID

Upon receiving a valid deletion request, we will delete your personal data within 30 days, except where retention is required by law or for legitimate business purposes (e.g., fraud prevention, legal claims).

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY – We do not warrant that the Service is fit for commercial sale or general use
  • FITNESS FOR A PARTICULAR PURPOSE – We do not warrant that the Service will meet your specific requirements or expectations
  • NON-INFRINGEMENT – We do not warrant that the Service does not infringe third-party rights
  • ACCURACY OR RELIABILITY – We do not warrant that AI processing results will be accurate, complete, or error-free
  • UNINTERRUPTED OR ERROR-FREE OPERATION – We do not warrant that the Service will be available at all times or operate without errors, bugs, or interruptions
  • SECURITY – We do not warrant that the Service is free from viruses, malware, or other harmful components
  • DATA PRESERVATION – We do not warrant against data loss or corruption

9.1 AI Processing Limitations

AI-powered background removal technology is inherently imperfect. Results may vary based on:

  • Original video quality, resolution, and encoding
  • Subject complexity (hair, transparent objects, fine details)
  • Lighting conditions and contrast
  • Background characteristics and similarity to foreground
  • Motion blur and rapid movement

WE DO NOT GUARANTEE SPECIFIC QUALITY LEVELS, PERFECT RESULTS, OR SUITABILITY FOR ANY PARTICULAR USE CASE.

9.2 Third-Party Services

The Service may integrate with or rely on third-party services (e.g., payment processors, cloud providers). We are not responsible for the availability, accuracy, or reliability of such third-party services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES
  • OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED EUROS (€100)
  • WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM:
    • Your use or inability to use the Service
    • Unauthorized access to or alteration of your data
    • Statements or conduct of any third party
    • Any other matter relating to the Service

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of the Service
  • Your Content or videos you upload
  • Your violation of these Terms
  • Your violation of any rights of any third party
  • Your violation of any applicable laws or regulations

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. For users in the United States, these Terms shall additionally be subject to applicable U.S. federal law.

12.2 Informal Resolution

Before initiating any legal proceeding, you agree to first contact us at legal@unscreen.io to attempt to resolve any dispute informally. We will attempt to resolve the dispute within 30 days.

12.3 Jurisdiction

For users in the European Union, disputes shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany. For users in the United States, disputes shall be subject to the courts of the State of Wyoming or the federal courts located therein.

12.4 EU Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr. We are not obligated to participate in consumer arbitration proceedings.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and us regarding the Service.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms freely without restriction.

13.5 Modifications

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days' notice via email or prominent notice on the Service. Your continued use after the effective date constitutes acceptance of the modified Terms.

13.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, government actions, internet or network failures, or pandemics.

14. Independent Service Notice

IMPORTANT: unscreen.io is an independent service operated by Arken AI LLC. We are NOT affiliated with, associated with, endorsed by, or connected to Unscreen, Canva, or any related companies or their affiliates.

Any references to "Unscreen" in our content are solely for informational and comparison purposes and do not imply any relationship, sponsorship, or endorsement.

15. Contact Information

For questions, concerns, or requests regarding these Terms, please contact:

Arken AI LLC
1309 Coffeen Avenue, STE 312
Sheridan, Wyoming 82801
United States

Email: legal@unscreen.io
Privacy inquiries: privacy@unscreen.io
Support: support@unscreen.io

By using unscreen.io, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, please discontinue use of the Service immediately.