Terms of Service

1. Terms and Eligibility

By using the Services, you represent and warrant that:

• You are at least 16 years old (or the minimum age of digital consent in your jurisdiction), and

• If you are under the age of majority in your jurisdiction, you have obtained consent from a parent or legal guardian to use the Services.

You may not use the Services if you are barred from doing so under applicable laws or under any applicable sanctions or export controls (see Section 19).

2. Use License

Permission is granted to temporarily download or access one copy of the materials within the Services for personal, non-commercial, transitory viewing only. Under this license you may not:

• Modify or copy the materials;

• Use the materials for any commercial purpose or public display;

• Attempt to reverse engineer any software contained in the Services;

• Remove any copyright or proprietary notations from the materials;

• Transfer the materials to another person or “mirror” the materials on any other server.

Violation of any of these restrictions may result in termination of your access to the Services. Upon termination, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

3. Disclaimer

The materials and Services are provided “as is.” Montra Interactive Inc. makes no warranties, expressed or implied, and disclaims all warranties including, but not limited to:

• Implied warranties of merchantability,

• Fitness for a particular purpose,

• Non-infringement,

• Accuracy, completeness, or reliability of any content or output, including AI-generated outputs.

3.1 No Professional Advice

AI-generated outputs and other materials provided through the Services do not constitute professional advice (including but not limited to legal, financial, medical, mental health, tax, or other professional advice). You agree not to rely on the Services as a substitute for professional advice and to seek appropriate qualified professionals where needed.

3.2 Data Storage and Availability

Montra does not guarantee:

• That any User Content or AI-generated outputs will be stored, preserved, or remain accessible;

• Any particular uptime, performance, or availability of the Services;

• That the Services will be error-free or uninterrupted.

You are responsible for backing up any content, outputs, or materials you wish to retain.

4. Limitations

To the maximum extent permitted by law, in no event shall Montra Interactive Inc. or its suppliers be liable for any damages (including, without limitation, loss of data, profit, goodwill, or business interruption) arising out of or related to your use or inability to use the Services or any AI-generated content.

Where liability cannot be fully excluded, Montra’s total aggregate liability for all claims arising out of or relating to the Services will be limited to the amount you paid to Montra for the Services in the six (6) months preceding the event giving rise to the claim.

Some jurisdictions do not allow limitations on implied warranties or limitations of liability for incidental or consequential damages; these limitations may not apply to you.

5. Revisions, Service Changes, and Errata

The materials appearing in the Services may include technical, typographical, or photographic errors. Montra does not warrant that any materials are accurate, complete, or current.

We may at any time, without notice:

• Make changes to the materials;

• Add, modify, or discontinue features or functionality;

• Update or replace models, workflows, or UI.

We are not obligated to maintain or support any particular version of the Services or AI models.

6. Refund Policy

All purchases of credits and subscriptions are final and non-refundable. This policy applies regardless of service issues, generation failures, or technical difficulties that may occur during use of our Services.

By purchasing credits or subscribing to our Services, you acknowledge and agree to this no-refund policy, except where required by applicable consumer protection laws.

7. Monitoring and Analytics

Montra Interactive Inc. uses PostHog and other analytics tools to monitor and analyze how users interact with our Services. This may include the collection of:

• Event data (clicks, page views, form submissions);

• Device and browser information;

• Session recordings;

• Feature usage and A/B testing participation;

• Application errors and performance data;

• Approximate geographic location (based on IP address).

We use this information to improve user experience, maintain security, and enhance functionality. Data collected through PostHog is pseudonymized where applicable.

For more details, please review our Privacy Policy.

8. Links

Montra Interactive Inc. has not reviewed all sites linked from its Services and is not responsible for the contents of any linked site. The inclusion of any link does not imply endorsement by Montra of the site. Use of any such linked website is at your own risk.

9. Site Terms of Use Modifications

Montra Interactive Inc. may revise these Terms at any time without prior notice. By using the Services, you agree to be bound by the then-current version of these Terms. If you do not agree to the modified Terms, you must stop using the Services.

10. Governing Law

These Terms are governed by the laws of Ontario, Canada, without regard to conflict of law principles, subject to Section 25 (Dispute Resolution and Arbitration).

11. User Content and AI-Generated Media

By uploading content or using our Services to generate video, audio, text, or visual outputs (“User Content”), you represent and warrant that you have all necessary rights to such content and that its use does not infringe the rights of any third party. You retain ownership of your original uploads.

11.1. License to Montra

By using the Services, you grant Montra Interactive Inc. a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute your User Content solely for the purposes of operating, improving, and promoting the Services.

This includes the right to feature your generated content in marketing, case studies, promotional materials, and social media posts, unless you explicitly opt out by contacting us at hello@montra.com.

If you opt out:

• We will not use your content in new marketing or promotional materials going forward;

• Any materials already produced or published before your opt-out may continue to exist in their current form, but we will make reasonable efforts not to reuse or further distribute them in new campaigns.

11.2. Real Person Content in Marketing

Montra will not use or feature any user-generated content that depicts or appears to depict a real identifiable individual—whether a public figure or a private person—for marketing, promotional, or case study purposes unless the uploading user explicitly confirms that all necessary rights and consents have been obtained from the depicted individual(s).

Users agree that they will not provide such confirmation unless they have secured the required consents.

11.3. AI Generated Outputs and User License

Montra does not claim ownership over AI-generated outputs you create using your account.

Subject to these Terms and applicable law, Montra grants you a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, and distribute AI-generated outputs created through your account for any lawful purpose.

Montra reserves the right to analyze such outputs in aggregate to improve model performance and service quality. You are solely responsible for ensuring that any AI-generated output you use or publish does not violate copyright, trademark, publicity, privacy, or other rights when published or redistributed.

11.4. Disclosure Requirement for Synthetic Media

If you create, publish, or distribute any AI-generated media that depicts or appears to depict a real person, you must clearly disclose that the media is synthetically generated and not an authentic recording. Failure to provide clear disclosure is a violation of these Terms.

12. Prohibited Use and Content Policy

You agree not to use the Services to create, upload, or distribute any content that:

Sexual / Explicit Content and Adult Services

• Depicts or promotes pornography, sexual acts, sexual services, or erotic content (including non-nudity content whose primary purpose is sexual arousal);

• Promotes, recruits for, or advertises adult entertainment platforms or services (including but not limited to subscription-based adult content platforms)

• Sexualizes or depicts minors, or portrays individuals who appear to be minors, in any sexual or exploitative context;

• Depicts non-consensual sexual activity, exploitation, coercion, or grooming.

This applies even where the content does not include nudity or explicit sexual acts but is reasonably understood as encouraging, recruiting for, or insinuating pornographic or adult services.

Hate, Harassment, and Abuse

• Promotes, incites, or expresses hatred or serious discrimination against individuals or groups based on protected characteristics (including race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or similar characteristics);

• Harasses, bullies, or threatens individuals or groups, including doxxing or targeted abuse.

• Violence, Self-Harm, and Extremism

• Depicts or glorifies graphic violence, physical injury, or extreme gore;

• Incites or threatens violence or harm against oneself or others;

• Promotes terrorism, extremist organizations, or violent criminal activity.

Other Prohibited Uses

• Generates content that is unlawful, harmful, defamatory, obscene, or otherwise offensive or objectionable at Montra’s reasonable discretion;

• Creates misleading or deceptive media (e.g., deepfakes) without clear disclosure;

• Infringes on intellectual property rights, privacy rights, or the likeness of any person without consent;

• Attempts to bypass or interfere with any content moderation, safety, or abuse-prevention features of the Services.

• Creates or distributes content containing health, medical, therapeutic, wellness, financial, investment, or earnings claims, guarantees, or promises, including any statements that could reasonably be interpreted as professional advice or assurances of results.

Likeness and Deepfakes

• You may not upload, create, or distribute content that depicts or appears to depict real individuals—public figures or private individuals—without their explicit and verifiable consent.

This includes:

• AI-generated likenesses of real individuals;

• Altered or synthetic media that could reasonably be interpreted as representing a real person;

• Any deepfake or manipulated media that is not clearly and conspicuously disclosed as AI-generated.

You are solely responsible for obtaining all necessary consents before creating or using any content that resembles a real person.

Montra Interactive Inc. may, in its sole discretion, review, block, remove, or refuse to generate content that it believes violates this Section or is otherwise inconsistent with our safety or brand standards. Violations may result in immediate suspension or termination of your account and, where required by law (including suspected exploitation or abuse of minors), may be reported to law enforcement or other authorities.

13. AI Model Use and Limitations; Platform Role

Our Services integrate third-party and proprietary AI models (e.g., for video, audio, image, and text generation). These models may produce inaccurate, biased, or unexpected outputs. By using Montra, you acknowledge these limitations and agree not to rely solely on the generated outputs for factual accuracy or decision-making.

13.1 Platform Role and Responsibility

Montra Interactive Inc. provides automated tools that allow users to generate media using AI models. Montra does not create, control, or actively curate any specific output generated by users. All outputs are produced autonomously by AI models based on user inputs.

By using the Services, you acknowledge that Montra is not the author, publisher, or designer of any AI-generated content, and Montra does not endorse, verify, or take responsibility for such content. Montra acts solely as a technology platform and service provider.

13.2 Incidental Resemblance

AI generated outputs may unintentionally resemble real individuals. Montra does not intentionally generate content based on any real person, and any such resemblance is purely coincidental. Montra disclaims any responsibility or liability for outputs that may be interpreted as resembling real individuals without consent.

Montra Interactive Inc. is not responsible for any consequences arising from use or misuse of AI-generated content.

13.3 No Liability for User-Generated or AI-Generated Videos

You acknowledge and agree that you are solely responsible for all videos, advertisements, media, or other content created, generated, edited, or published using the Services (“Generated Content”). Montra Interactive Inc. is not responsible or liable for the legality, accuracy, claims, representations, implications, or consequences of any Generated Content, including how such content is used, distributed, or interpreted by others.

Montra does not review, verify, or approve any Generated Content and does not assume any liability arising from:

• Health, medical, wellness, or therapeutic claims;

• Financial, earnings, investment, or performance claims;

• Legal, tax, or compliance-related statements;

• Endorsements, guarantees, or promises of results;

• Misuse, misinterpretation, or downstream distribution of Generated Content;

• Any regulatory, consumer protection, advertising, or compliance issues resulting from Generated Content.

You agree that Montra shall have no responsibility or liability for any damages, losses, investigations, disputes, or claims arising from Generated Content you create or publish.

14. Fair Use and Abuse Prevention

To ensure fair access for all users, we may monitor usage patterns. Excessive or automated usage that imposes undue burden on our infrastructure, or attempts to circumvent credit limits, rate limits, or other technical restrictions, may result in throttling, account suspension, or termination.

Nothing in this Section requires Montra to actively monitor all user activity or content. Monitoring may be performed selectively and at Montra’s discretion.

15. Copyright Complaints and DMCA Compliance

Montra complies with the Digital Millennium Copyright Act (DMCA) and similar global copyright frameworks.

15.1 DMCA Safe Harbor and Repeat Infringer Policy

We will:

• Respond promptly to valid takedown notices;

• Remove or disable access to allegedly infringing content;

• Terminate accounts of users who are determined to be repeat infringers where appropriate.

Montra is not liable for user-uploaded or AI-generated content that infringes copyright or other rights, provided Montra removes or disables such content upon receiving proper notice under applicable laws.

15.2 Submitting a Copyright Complaint

If you believe that any content generated or shared via Montra infringes your copyright, please submit a DMCA takedown notice to our designated agent at hello@montra.com with all required information under the DMCA.

All copyright claims shall be governed by the laws of Ontario, Canada, and adjudicated in its courts, subject to Section 25 (Dispute Resolution and Arbitration).

16. Account Responsibility and Access

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

• Notify Montra immediately of any unauthorized use or suspected breach of security;

• Ensure that you log out from your account at the end of each session;

• Not share your account with others or misrepresent your identity.

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or abusive behavior.

17. Credit Expiration and Billing

• Credits purchased or granted through a Montra subscription or credit pack expire 30 days after the date of issuance, regardless of whether they were used. Unused credits do not roll over to future months.

• Subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date.

• You are responsible for all recurring charges until cancellation is completed.

• We reserve the right to modify pricing or credit allocation at any time with reasonable notice where required by law.

18. Third-Party Services and Dependencies

Montra Interactive Inc. integrates and relies on third-party services and platforms to provide key features of our Services. These may include, but are not limited to, Google Cloud Platform (GCP), Amazon Web Services (AWS), Fal, Anthropic, ElevenLabs, Vercel, and others.

By using Montra, you acknowledge and agree that:

• We may transmit your content or data to these third parties in order to generate outputs or enable functionality;

• Montra makes no guarantees regarding the availability, performance, accuracy, or output of these third-party tools;

• Your use of those services is subject to their respective terms of use and privacy policies, which may change at any time without notice;

• Any limitations or restrictions imposed by those services (including content moderation, IP rights, or usage caps) may affect your experience within Montra.

Montra disclaims liability for disruptions, delays, inaccuracies, or data loss caused by third-party services.

19. Export Control and Sanctions Compliance

You agree to comply with all applicable export control laws, trade sanctions, and regulations. You may not use or access the Services if you are:

• Located in a country or region subject to Canadian or U.S. sanctions; or

• Listed on any government list of prohibited or restricted parties.

20. Beta Features and Experimental Tools

From time to time, we may offer beta, experimental, or pre-release features (“Beta Features”). Beta Features are provided “as is” with no guarantee of stability, availability, performance, or continued support.

Your use of Beta Features is voluntary, and your feedback may be used to improve Montra’s product roadmap.

21. Indemnification

You agree to fully indemnify, defend, and hold harmless Montra Interactive Inc., its officers, directors, employees, contractors, and affiliates from and against any claim, demand, liability, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:

• Your use or misuse of the Services;

• AI-generated content you create, use, publish, or distribute;

• Any resemblance—intentional or incidental—between generated content and any real person;

• Your failure to obtain necessary consents or provide required disclosures;

• Any violation of intellectual property, privacy, publicity, or likeness rights;

• Any breach of these Terms or applicable law.

This indemnification obligation survives termination of your account and your use of the Services.

22. Termination of Services

We reserve the right, in our sole discretion, to suspend or terminate the Services or your access to them at any time, for any reason, with or without notice, including but not limited to:

• Violation of these Terms;

• Suspected fraud, abuse, or misuse;

• Legal, regulatory, or security risks.

Upon termination, your license to use the Services will immediately cease. Sections that, by their nature, should survive termination (including but not limited to Sections 3, 4, 6, 11–15, 17–21, 24, 25) will continue in full force and effect.

23. Feedback and Suggestions

If you provide feedback, ideas, or suggestions about the Services (“Feedback”), you grant Montra a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate that Feedback into the Services or other products without compensation or attribution.

24. Severability and Entire Agreement

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

These Terms, together with any other policies or agreements expressly incorporated by reference (such as our Privacy Policy), constitute the entire agreement between you and Montra regarding your use of the Services and supersede any prior agreements or understandings.

25. . Dispute Resolution and Arbitration

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted in Ontario, Canada, in accordance with the rules of the Canadian Arbitration Association, except that:

• Either party may bring an individual claim in small claims court, where permitted; and

• Montra may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property, confidential information, or to prevent unauthorized use of the Services.

You waive the right to participate in class actions, class-wide arbitration, or any other representative proceeding against Montra. Arbitration shall be conducted on an individual basis only.