Terms of Service
Effective date: July 29, 2026
These Terms of Service (“Terms”) govern your access to and use of the Agent28 website, waitlist, desktop application, and related services (together, the “Service”), operated under the Motionfly brand (“Agent28”, “we”, “us”). By joining the waitlist, creating an account, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. The Service
Agent28 is a desktop video editor with AI-assisted features, including automated cutting, captioning, motion graphics, and footage search. Parts of the Service are currently offered as an early access program: features may change, be interrupted, or be discontinued at any time, and availability is not guaranteed.
2. Eligibility and accounts
You must be at least 13 years old (or the minimum age of digital consent in your country) to use the Service. You are responsible for your account credentials and for all activity under your account. Notify us promptly of any unauthorized use.
3. Your content
You retain all rights to the footage, audio, images, and other materials you upload (“Your Content”) and to the videos you export. You grant us a limited license to host, process, and transmit Your Content solely to operate and provide the Service, for example, transcribing audio to generate captions or sending clips to an AI provider to fulfill a feature you invoked.
We do not use Your Content to train AI models without your explicit opt-in.
You are responsible for Your Content and must have the rights necessary to upload it. You may not upload content that infringes intellectual property rights, violates the law, or contains malicious code.
4. Acceptable use
- •Do not misuse the Service, interfere with its operation, or access it by means other than the interfaces we provide.
- •Do not attempt to reverse engineer, decompile, or extract the source code of the desktop application, except where such restriction is prohibited by law.
- •Do not use the Service to create content that is unlawful, deceptive (e.g., undisclosed deepfakes of real people), or that infringes the rights of others.
- •Do not resell, sublicense, or provide the Service to third parties as a service bureau without our written consent.
5. AI features and third-party providers
Some features rely on third-party AI providers. If you connect your own API keys (“bring your own keys”), your use of those providers is governed by their terms, and you are responsible for the associated charges. On paid plans, AI usage is metered against your plan's monthly token allowance.
AI-generated output can be inaccurate. Review your edits before publishing; you are solely responsible for content you publish.
6. Plans, billing, and cancellation
Paid plans are billed in advance on a monthly or yearly basis through our payment processor (Stripe) and renew automatically until cancelled. You can cancel at any time via the customer portal; you keep paid features until the end of the current billing period. Except where required by law, fees are non-refundable.
We may change pricing with reasonable advance notice; changes apply from your next billing period.
7. Intellectual property
The Service, including the application, design, and branding, is owned by us and our licensors and is protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. Feedback you provide may be used by us without obligation to you.
8. Disclaimers
The Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Early access software may contain defects; back up important projects.
9. Limitation of liability
To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill. Our aggregate liability for claims relating to the Service is limited to the greater of $100 or the amount you paid us in the 12 months before the claim arose.
10. Termination
You may stop using the Service at any time. We may suspend or terminate your access if you materially breach these Terms, if required by law, or if we discontinue the Service. Upon termination, your right to use the Service ends; provisions that by their nature should survive (including ownership, disclaimers, and limitations of liability) survive.
11. Changes to these Terms
We may update these Terms from time to time. If a change is material, we will give you reasonable notice (for example, by email or an in-app notice) before it takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
12. Governing law and contact
These Terms are governed by the laws of the jurisdiction in which the operating entity is established, without regard to conflict-of-law rules. Disputes will be resolved in the courts of that jurisdiction unless applicable law provides otherwise.
Questions about this document? Contact us at support@motionfly.app.