Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and OnSilent Pty Ltd ("we," "our," or "us") regarding your use of OnReplay ("Service"), a platform that allows users to create animated films from their photos.

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 13 years of age to use our Service. By using the Service, you represent and warrant that:

• You are at least 13 years old
• You have the legal capacity to enter into these Terms
• You will comply with all applicable laws and regulations
• You have the right to upload and use any photos you submit to the Service

3. Description of Service

OnReplay is a service that allows users to upload photos and create animated films from those photos. The Service includes:

• Uploading and storing photos on our servers
• Processing photos to create animated films
• Generating shareable URLs for completed films
• Storing films on AWS servers for access and sharing

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

4. User Content and Rights

4.1 Your Rights to Your Photos

You retain all ownership rights to your photos. By uploading photos to our Service, you grant us a limited, non-exclusive, worldwide license to use, store, process, and display your photos solely for the purpose of:

• Creating animated films from your photos
• Storing your photos and films on our servers
• Providing you with access to your films via shareable URLs
• Operating and improving the Service

This license terminates when you delete your photos or when we delete them in accordance with our Privacy Policy (after 12 months or upon your request).

4.2 Your Responsibilities

You are solely responsible for:

• Ensuring you have the right to upload and use any photos you submit
• Obtaining necessary permissions from individuals appearing in your photos
• Complying with all applicable laws regarding the content you upload
• Not uploading content that is illegal, harmful, or violates third-party rights

4.3 Prohibited Content

You may not upload photos or content that:

• Violates any applicable law or regulation
• Infringes on intellectual property rights of others
• Contains explicit, pornographic, or offensive material
• Depicts violence, hate speech, or illegal activities
• Contains malware, viruses, or other harmful code

We reserve the right to remove any content that violates these Terms without notice.

5. Payment and Pricing

5.1 Payment Processing

Payment for our Service is processed through Stripe. By making a payment, you agree to Stripe's terms and conditions. We do not store your credit card information on our servers.

5.2 Pricing

Our pricing plans are displayed on our website and may be updated from time to time. We reserve the right to change our prices at any time, but price changes will not affect orders already placed.

5.3 Email Confirmation

After payment is processed, you will receive an email confirmation at the email address you provided to Stripe for billing purposes.

6. Refund Policy

6.1 Technical Issues

If you experience a technical issue with the Service that prevents you from receiving your animated film, you are entitled to a full refund. Please contact us at hello@onreplay.ai within 30 days of your purchase to request a refund.

6.2 Dissatisfaction with Service

If you are not satisfied with the quality or outcome of your animated film (for reasons other than technical issues), you may request a refund. Refund requests must be made within 30 days of your purchase. We reserve the right to offer a partial or full refund at our discretion based on the circumstances of your request.

6.3 Refund Processing

Refunds will be processed to the original payment method used for the purchase. Processing times may vary depending on your payment provider.

7. Data Storage and Deletion

Your photos and generated films are stored on AWS servers located in the United States. We retain your photos for up to 12 months from the date of upload, unless you request earlier deletion. Generated films are accessible via shareable URLs and are retained for the same period as your photos.

You may request deletion of your photos and films at any time by contacting us at hello@onreplay.ai.

Important: Anyone with access to a shareable URL for your film can view it. You are responsible for sharing URLs only with people you trust.

8. Account and Local Storage

Our Service does not require you to create an account. Your animation settings and preferences are stored locally in your browser. We do not have access to this locally stored information.

9. Intellectual Property

9.1 Service Ownership

The Service, including its original content, features, and functionality, is owned by OnSilent Pty Ltd and is protected by international copyright, trademark, and other intellectual property laws.

9.2 User Content

As stated in Section 4, you retain all rights to your photos. We do not claim ownership of your content.

10. Disclaimers and Limitations of Liability

10.1 Service Availability

We strive to provide a reliable Service, but we do not guarantee that the Service will be available at all times or free from errors, interruptions, or security issues.

10.2 Limitation of Liability

To the maximum extent permitted by law, OnSilent Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers or your data
• Any bugs, viruses, or other harmful code transmitted through the Service
• Any errors or omissions in the Service
• Any loss or damage resulting from your use of shareable film URLs

10.3 Maximum Liability

Our total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless OnSilent Pty Ltd and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you upload to the Service

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will cease immediately. We may delete your photos and films in accordance with our data retention policy.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by email to the address you provided (if applicable) within 30 days of the changes taking effect. The "Last updated" date at the top of this page will also be revised.

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Any disputes arising from or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Western Australia.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OnSilent Pty Ltd regarding the use of the Service and supersede all prior agreements and understandings.

17. Contact Us

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