Terms of Service

1. Who we are

OpenShorts Cloud (openshorts.app) is operated by TONVI TECH SL, a company incorporated in Spain, CIF B-19780394, with registered address at Calle Puerta del Mar 18, 5th floor, 29005 Málaga, Spain ("OpenShorts", "we", "us"). You can reach us at [email protected]. These Terms of Service ("Terms") govern your use of the hosted service at openshorts.app.

The open-source edition of OpenShorts that you can download and run on your own hardware is licensed separately under the MIT License and is not covered by these Terms: when you self-host, you are the operator of your instance and these Terms do not apply to it.

These Terms are also available in Spanish. For consumers resident in Spain, the Spanish version prevails in case of discrepancy.

2. The service

OpenShorts turns long-form video into short vertical clips. On your instruction, the service ingests a video you upload or a video located at a URL you provide, transcribes it, uses AI models to select moments, reframes it to vertical, and optionally adds subtitles, text overlays, AI dubbing, and publishes the result to social media accounts you connect. The service is available as a free plan with usage limits and a watermark, and as paid subscriptions and top-ups billed through Stripe.

3. Eligibility and accounts

You must be at least 16 years old, or the age of digital consent in your country if it is higher. You are responsible for everything done through your account and your API keys. Keep your access credentials confidential and tell us at [email protected] if you believe your account has been compromised.

4. Your content stays yours

You keep all ownership of the videos you submit. By submitting content, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transcode, modify and process that content, and to display it back to you, strictly to the extent needed to operate and secure the service. This licence ends when the content is deleted from our systems under the retention rules in Section 13, except for backup copies kept for a limited period and content we must keep to comply with the law.

The clips are yours. As between you and us, you own the output clips the service generates from your content, including for commercial use, to the extent of our rights in them. On the free plan, clips carry an OpenShorts watermark; you may use watermarked clips freely but you may not remove or obscure the watermark by any means other than upgrading to a paid plan.

We do not use your content to train AI models — ours or anyone else's. See Section 7.

With your separate permission (for example, if you reply yes when we ask), we may mention your name or showcase your public clips as customer references. We never do this by default.

5. Your promises about the content

The service processes content on your instruction — both files you upload and videos you direct us to fetch from a URL. You promise that, for every video you submit by either route:

• you own it, or you hold the rights or permissions needed to download, process, edit and republish it;
• your use of it through the service does not infringe anyone's copyright, trademark, image or publicity rights, or the terms of the platform it came from;
• it does not feature any identifiable person's image or voice without the authorisation the law requires; and
• if you use AI dubbing, you have the voice owner's consent to generate synthetic speech from their voice.

When you submit a job you tick a declaration confirming this. We record that declaration together with the date, your IP address and browser identifier, and we may produce that record if a dispute arises. Submitting other people's content without permission is the thing most likely to get an account terminated under Section 16.

6. Personal data in your videos — our role as processor

Videos often contain personal data of the people who appear in them. For that data, you are the controller and we act as your processor under Article 28 GDPR: we process the footage only on your documented instructions (the jobs you submit), we engage only the sub-processors listed in our Privacy Policy (AI, storage and delivery providers), we apply appropriate security measures, and we delete the content under the retention rules in Section 13 or earlier on your instruction. If you need a countersigned Data Processing Agreement for your business, request it at [email protected]. When you use bring-your-own-key mode, your content flows directly between your instance and the AI provider under your own agreement with them.

7. AI processing — what runs where

The service uses AI systems to do its work, and we name them: transcription runs on our own servers (Whisper-family and NVIDIA Parakeet models); moment selection, titling and layout decisions use Google's Gemini API; optional voice dubbing uses ElevenLabs. Your video content, audio and transcript are sent to these providers only as needed to perform the job you requested, under agreements that prohibit them from using paid-API customer data to train their models.

We do not train AI models on your content, and we do not sell it or share it for training.

AI output is probabilistic: clip selections, transcripts, translations, titles and dubbed audio may contain errors, and similar inputs can produce similar outputs for different customers, so results are not guaranteed to be unique. You are responsible for reviewing AI output before you use or publish it. You may not use the service or its output to develop or train a competing model or service.

Clips that use AI dubbing contain synthetic speech. We label and mark dubbed clips as AI-generated as required of us by Regulation (EU) 2024/1689 (the AI Act); you must not remove or strip those labels, marks or content credentials. When you publish a dubbed clip, disclosing its synthetic nature to your audience in the manner your platform and local law require is your responsibility as the publisher.

8. Acceptable use

You may not use the service to:

• process or distribute content that is unlawful, defamatory, harassing, hateful, sexually exploitative of minors, or that incites violence;
• infringe intellectual property, image or privacy rights, including submitting URLs of content you have no rights to;
• impersonate any person, or produce media of an identifiable person's image or voice without authorisation (deepfakes);
• probe, disrupt or overload the service, scrape it, or access it by any automated means other than the documented API and MCP endpoints within their rate limits;
• reverse engineer the hosted service or attempt to extract its models, prompts or non-public components;
• sell, transfer or share API keys, accounts or quota, or create multiple accounts to evade free-plan limits;
• artificially manipulate engagement metrics on any platform you publish to.

This section, together with Sections 5 and 9, is our content moderation policy for the purposes of Article 14 of Regulation (EU) 2022/2065 (DSA): content that breaches it may be removed and accounts that breach it may be throttled, suspended or terminated, with reasons given to the affected user. We may block re-registration by the same person after a termination for abuse.

9. Copyright complaints and content takedown

If you believe content processed or hosted through the service infringes your rights, email [email protected] (our point of contact for users and authorities under Articles 11 and 12 DSA) with: your name and contact details, the work you own, the exact URL or identifier of the infringing material, a statement in good faith that the use is unauthorised, and your signature. We review notices promptly, remove or disable access to content when the notice is substantiated, and inform the affected user with reasons; the affected user may reply with a substantiated counter-notice. We terminate the accounts of repeat infringers. This procedure implements the notice-and-action mechanism of Article 16 DSA.

10. Publishing to your social accounts

If you connect social accounts (via our publishing partner, Upload-Post), you expressly authorise us and our partner to publish content to those accounts on your instruction. You remain the publisher of everything posted: you are responsible for the content, its scheduling and its compliance with each platform's terms (YouTube, TikTok, Instagram and the rest). You can disconnect your accounts at any time from the dashboard or from the platform's own settings, which revokes our access.

11. Plans, billing and renewals

Paid subscriptions and minute top-ups are billed by Stripe; we never see or store your card number. Prices are shown with any applicable taxes indicated at checkout. Subscriptions renew automatically at the end of each billing period until you cancel. We email you a renewal reminder at least 15 days before each renewal charge, stating the amount and date and linking to one-click cancellation, as required by Spanish consumer law. You can cancel at any time from your account page, as easily as you subscribed; cancellation takes effect at the end of the current period, which you keep using in full. Unused quota does not roll over unless the plan says otherwise. We will give you at least 30 days' notice by email before any price increase takes effect, and you may cancel before it applies.

12. Right of withdrawal (EU consumers)

If you are a consumer in the EU, you have a statutory right to withdraw from a distance contract within 14 days without giving a reason. When you subscribe, you expressly request that the service start immediately, within the withdrawal period. You keep your right of withdrawal during those 14 days, but if you exercise it you will pay the proportional part of the service already provided, and the right is lost once the service has been fully performed (Articles 98.8, 103.a and 108 of the Spanish Consumer Act, implementing Directive 2011/83/EU). Automatic renewals of an ongoing subscription do not open a new withdrawal period. To withdraw, email [email protected] or use the model form we include in your confirmation email; refunds are issued to the original payment method within 14 days.

13. Content retention and deletion

Generated clips on the free plan are stored for 7 days and then permanently deleted; we email you before it happens. Download what you want to keep. On paid plans, your projects and clips remain stored while your subscription is active and are deleted 7 days after it ends unless you delete them earlier. Deleting your account deletes your content on the same schedule, subject to short-lived backups and to records we must keep by law (such as invoicing data). We are not liable for the loss of content whose deletion these Terms announced.

14. Disclaimers

The service is provided "as is" and "as available", without warranties of uninterrupted availability, error-free operation, or fitness for a particular purpose, to the extent such disclaimers are permitted by the law of your residence. Nothing in these Terms limits warranties or rights that consumer law grants you and that cannot be waived.

15. Liability

To the maximum extent permitted by law, our total aggregate liability for claims arising out of the service is limited to the amounts you paid us in the 12 months before the event giving rise to the claim, and we are not liable for indirect or consequential damages, loss of profits, or loss of data whose deletion was announced in Section 13. This limitation does not apply to damages caused by our wilful misconduct or gross negligence, to death or personal injury, or to any liability that cannot be limited under Spanish or EU law.

16. Indemnity, suspension and termination

If a third party brings a claim against us because of content you submitted or instructed us to fetch, or because of your breach of these Terms, you will indemnify us — including our directors, employees and suppliers — for the resulting damages, penalties and reasonable defence costs, except to the extent the claim results from our own breach. If you are a consumer, this obligation applies only to claims caused by your breach of these Terms or of the law.

We may suspend or terminate accounts for material breach. Where the breach is curable we will tell you first and give you a reasonable period to fix it; where it is not (illegal content, repeat infringement, abuse, fraud), we may suspend immediately, giving you reasons. After termination you have 7 days to download your remaining content unless the law requires us to remove it. Sections 4 to 9 and 14 to 18 survive termination.

17. Changes to the service and these Terms

We improve the service continuously and may change or retire features. We may amend these Terms; material changes will be announced by email or in-app at least 15 days in advance, and continuing to use the service after they take effect constitutes acceptance. If you do not agree, cancel before the new terms apply and we will refund any unused prepaid period.

18. Governing law and disputes

These Terms are governed by Spanish law, without prejudice to the mandatory consumer protection rules of your country of residence. Disputes are submitted to the courts of Málaga, Spain — except that if you are a consumer, you keep the right to sue and be sued in the courts of your own domicile, and you may use the consumer mediation and arbitration bodies available in your country of residence. Complaints route: write to [email protected] first; most issues are fixed in days.