Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") are a binding agreement between you and GrumpTools ("we", "us", "our"), an online toolkit for content creators operated by an individual developer based in Illinois, United States. They govern your use of our website, desktop app, browser extension and APIs (together, the "Service").

By creating an account, or by using the Service, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may only use the Service with the involvement of a parent or guardian. If you use the Service on behalf of an organisation, you represent that you are authorised to bind it to these Terms, and "you" means that organisation.

You represent that you are not located in, and are not a national of, any country subject to a United States embargo, and that you are not on any United States government restricted-party list.

3. Your account

Some tools work without an account. For the rest, you need one. You must give accurate information, keep your credentials confidential, and you are responsible for everything that happens under your account. Tell us at [email protected] as soon as you suspect unauthorised use.

You may not share an account, sell or transfer it, or create multiple accounts to evade a limit, a quota, or a suspension.

4. Plans, quotas and fair use

Tools are grouped into plans, and each plan carries limits on how many jobs you may run per day and how large your uploads may be. We enforce those limits. We may change the limits, the pricing, or which tools are in which plan as the Service develops. If a change materially reduces what you have already paid for, we will give you notice before it takes effect, and you may cancel.

You may not circumvent limits, for example by scripting or automating the Service, by rotating accounts or IP addresses, or by reselling your quota. We may throttle, suspend or terminate accounts that place an unreasonable load on the Service.

5. Subscriptions, automatic renewal and refunds

Automatic renewal. Paid plans are billed in advance and renew automatically at the end of each billing period, at the then-current price, until you cancel. By subscribing, you authorise us and our payment processor to charge your payment method on a recurring basis.

How to cancel. Cancel at any time from your account settings, or by emailing [email protected]. Cancellation takes effect at the end of the current billing period. You keep access until then.

Refunds. Except where the law requires otherwise, fees are non-refundable and we do not provide refunds or credits for partial periods, unused time, or periods already billed. The free tier exists so you can evaluate the Service before paying.

Payments. Payments are processed by Stripe. We do not receive or store your full card number. You are responsible for any taxes, and for keeping your payment details current. If a payment fails, we may suspend paid features until it clears.

6. Your content, and the licence you give us

You keep all ownership of the content you upload, submit or generate ("Your Content"). We claim no ownership of it.

You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, reformat and process Your Content solely to operate the Service, to run the tool you asked us to run, and to deliver the result back to you. This licence ends when your content is deleted, except for copies retained in routine backups until they cycle out.

We do not use Your Content to train AI models, and we do not sell it or publish it.

You represent and warrant that you own or have all rights necessary to Your Content, that our processing of it at your direction will not infringe or violate anyone's rights or any law, and that you have obtained any consent required from people who appear or are heard in it.

7. The Service is not storage or a backup

The full retention schedule is in our Privacy Policy. We are not liable for content that is deleted on schedule, deleted early, corrupted, or lost for any reason, and we do not guarantee that any file can be recovered. You are solely responsible for maintaining your own copies.

8. Acceptable use

You may not use the Service to:

• Upload, process, generate or distribute anything illegal, or anything that infringes or misappropriates someone else's intellectual property, privacy or publicity rights.
• Create or distribute sexual content involving minors, non-consensual intimate imagery, or content that harasses, threatens, defames, or deceptively impersonates a real person.
• Distribute malware, spam, or use File Transfer to share illegal or harmful material.
• Attempt to access another user's account, data, jobs or share links, or to access any part of our systems you are not authorised to reach.
• Probe, scan, penetration-test, overload, disrupt or reverse engineer the Service, or bypass our rate limits, quotas, paywalls or other technical restrictions.
• Scrape or harvest data from the Service, or use it to build a competing product.
• Resell, sublicense or redistribute the Service without our written permission.

We may investigate suspected violations, and remove content, and suspend or terminate accounts, at our sole discretion and without notice or refund. We may report unlawful activity to the authorities.

9. Third-party platforms and services

Some tools work with YouTube, Twitch and Kick, and the Service depends on third-party providers. Those platforms have their own rules, and you remain responsible for following them.

Our YouTube features use YouTube API Services, so you are also bound by the YouTube Terms of Service, and Google's Privacy Policy applies to data Google receives. You can revoke our access to your Google account at any time via your Google account permissions page.

When you clip, download or re-use content from any platform, it is your responsibility to have the right to do so. We grant you no rights in anyone else's content. These platforms may change, restrict or withdraw their APIs at any time, which may degrade or break a tool through no fault of ours, and we are not liable for that.

10. AI-generated output

Some tools produce output using artificial intelligence, including generated thumbnails, transcripts and subtitles. AI output can be inaccurate, offensive, or wrong, and similar prompts may produce similar output for different users, so your output may not be unique and may not be protectable.

We make no representation that AI output is accurate, original, non-infringing, or fit for any purpose. You are responsible for reviewing anything you intend to publish, and for ensuring your use of it complies with the law and does not infringe anyone's rights.

11. Our intellectual property

The Service itself, including its software, design, branding and content (other than Your Content), belongs to us and is protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service in accordance with these Terms. All rights not expressly granted are reserved.

If you send us feedback or suggestions, you grant us an unrestricted, perpetual, royalty-free right to use them without any obligation to you.

12. Copyright and DMCA

We respond to notices of alleged copyright infringement. If you believe content on the Service infringes your copyright, send a written notice to [email protected] that includes: identification of the copyrighted work; identification of the material claimed to be infringing and enough detail to locate it; your name, address, telephone number and email; a statement that you have a good-faith belief the use is not authorised by the copyright owner, its agent, or the law; a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorised to act on their behalf; and your physical or electronic signature.

We may remove or disable material in response to a valid notice, and you may submit a counter-notice. We terminate the accounts of repeat infringers. Note that submitting a knowingly false notice may make you liable for damages.

13. Availability, changes and beta features

We try to keep the Service running, but we do not guarantee it will be uninterrupted, timely, secure or error-free. We may modify, suspend or discontinue any part of the Service at any time, and we may take it offline for maintenance.

Features labelled beta, preview or experimental are provided for evaluation, may change or be withdrawn, and may be less reliable. Use them at your own risk.

14. Suspension and termination

You may stop using the Service at any time, and you may ask us to delete your account by emailing [email protected].

We may suspend or terminate your account, with or without notice, if you breach these Terms, if we reasonably suspect fraud or abuse, if required by law, or if we discontinue the Service. On termination, your right to use the Service ends immediately and your content may be deleted. Except where we terminate without cause, no refund is due. Sections 6, 7, 10, 11, and 15 through 21 survive termination.

15. Third-party links and content

The Service may link to or surface third-party content and websites. We do not control them, we do not endorse them, and we are not responsible for them or for any loss arising from your use of them.

16. Disclaimer of warranties

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

17. Limitation of liability

These limits apply regardless of the theory of liability, and they are a fundamental basis of the bargain between us: we could not offer the Service at these prices without them. Some jurisdictions do not allow the limitation of certain damages, so parts of this section may not apply to you, and nothing here limits liability that cannot lawfully be limited, such as for fraud or wilful misconduct.

18. Indemnification

You will defend, indemnify and hold harmless GrumpTools and its operator from and against any claims, demands, proceedings, damages, losses, liabilities, and reasonable legal fees and costs arising out of or relating to: Your Content; your use of the Service; your breach of these Terms or of any law; or your violation of any third party's rights, including the rules of any platform the Service connects to. We may assume the exclusive defence of any matter subject to indemnification by you, at your expense, and you will cooperate with us.

19. Dispute resolution, arbitration and class action waiver

19.1 Talk to us first. Most disputes can be resolved informally. Before starting arbitration, you agree to email [email protected] describing the dispute and the relief you want, and to give us 60 days to resolve it. This is a condition of starting arbitration, and the deadline for bringing a claim is paused while it runs.

19.2 Agreement to arbitrate. If we cannot resolve it, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service, including its formation, interpretation, breach or termination, will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section.

19.3 Class action and jury waiver. You and we agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding, and may award relief only in favour of the individual party seeking it, and only to the extent needed to satisfy that party's claim. You and we waive any right to a jury trial.

19.4 Procedure. Arbitration will be conducted in Illinois, or, at your election, by telephone, video, or on documents alone, or in the county where you live. A single arbitrator will decide, and the award may be entered as a judgment in any court with jurisdiction. The arbitrator, and not any court, decides all questions of arbitrability and the interpretation of this section, except as stated in 19.6.

19.5 Exceptions. Either of us may bring an individual claim in small claims court if it qualifies, and either of us may seek injunctive or other equitable relief in court to stop the infringement or misuse of intellectual property or unauthorised access to the Service.

19.6 Severability of the waiver. If the class action waiver in 19.3 is found unenforceable as to a particular claim or request for relief, then that claim or request must be brought in court and stayed pending arbitration of the rest, and the rest of this section still applies. If the entire arbitration agreement is found unenforceable, Section 20 governs.

19.7 Your right to opt out. You can reject this arbitration agreement, and keep your account, by emailing [email protected] with the subject "Arbitration Opt-Out", including your name and account email, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms, and we will not retaliate against you for opting out.

20. Governing law, forum and time limit

These Terms, and any dispute between us, are governed by the laws of the State of Illinois and the Federal Arbitration Act, without regard to conflict-of-laws rules, and without regard to the United Nations Convention on Contracts for the International Sale of Goods.

For anything not subject to arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Illinois, and waive any objection to that forum as inconvenient.

Any claim relating to the Service must be brought within 12 months after it arises, or it is permanently barred, unless a longer period is required by law.

If you are a consumer, nothing in this section deprives you of the protection of mandatory consumer-protection rules that apply where you live.

21. General

Changes. We may update these Terms. We will update the date at the top of this page, and for material changes we will give notice in the app or by email before they take effect. Continuing to use the Service after that means you accept the new Terms. If you do not accept them, stop using the Service and cancel any subscription.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between us about the Service, and supersede anything said or written before.

Severability and waiver. If any provision is held unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in force. Our failure to enforce a provision is not a waiver of it.

Assignment. You may not assign or transfer these Terms without our written consent. We may assign them freely, including to a successor in connection with a merger, acquisition or sale of assets.

Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including outages, hosting or platform failures, attacks, acts of government, or natural events.

No third-party beneficiaries. These Terms create no rights for anyone other than you and us.

Electronic communications. You consent to receive communications from us electronically, and agree that electronic notices satisfy any legal requirement that they be in writing.

Relationship. Nothing here creates a partnership, joint venture, employment or agency relationship between us.

22. Contact

Questions about these Terms, and legal notices: [email protected].