Effective date: [TO BE SET]
These Terms of Service ("Terms") govern your access to and use of the ABMediaX Poster software-as-a-service platform (the "Service") provided by ABMediaX LLC, a Pennsylvania limited liability company ("ABMediaX", "we", "us", or "our"). By creating an account or using the Service you agree to be bound by these Terms.
1. Eligibility
You must be at least 18 years of age to use the Service. By registering you represent and warrant that you meet this requirement. The Service is not directed to children and we do not knowingly collect information from anyone under 18.
2. Accounts
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at legal@abmediax.com of any unauthorized use.
3. Acceptable Use
You will not use the Service to: (a) impersonate any person or entity; (b) create, transmit, or distribute Child Sexual Abuse Material ("CSAM"); (c) promote, glorify, or incite violence, terrorism, or self-harm; (d) send spam, unsolicited bulk content, or engage in artificial engagement manipulation; (e) scrape, extract, or ingest content from a third-party platform in a manner that violates that platform's own terms of service; or (f) engage in any illegal conduct. Our full Acceptable Use Policy is incorporated by reference.
4. Account Termination
We may suspend or terminate your account, with or without notice, for cause, including any violation of these Terms or our AUP. Termination for cause results in forfeiture of any prepaid fees and no refund will be issued.
5. Your Content and Licenses
5.1 Ownership
You retain all right, title, and interest in and to the videos, images, scripts, prompts, audio, captions, and other materials you submit to the Service ("User Content").
5.2 License to ABMediaX
You grant ABMediaX a limited, non-exclusive, worldwide, royalty-free license to host, store, transmit, process, encode, transcode, adapt, cache, and route User Content solely to provide the Service to you, including delivering that content to the third-party social platforms you have connected via OAuth.
5.3 No Model Training
ABMediaX does not use your User Content, prompts, or generated outputs to train artificial-intelligence models, and we contractually require our AI subprocessors to do the same when using their commercial APIs (see our Privacy Policy).
6. AI-Generated Content
6.1 Ownership of AI Outputs
As between you and ABMediaX, we assign to you all right, title, and interest in and to any content the Service generates for you ("AI Outputs"), to the maximum extent transferable under applicable law. You understand that under current U.S. Copyright Office guidance, AI Outputs may not be independently copyrightable, and you assume that risk.
6.2 Your Warranties on Inputs
You represent and warrant that (a) you own or have obtained all necessary rights, licenses, consents, and releases in the prompts, reference images, audio, and other inputs you submit; and (b) your inputs and the resulting AI Outputs do not and will not infringe, misappropriate, or violate any third party's intellectual property, publicity, privacy, or other rights.
6.3 Prohibited AI Uses
You will not use the Service to generate:
- Deepfakes of real people (face, voice, likeness) without their prior written consent, logged in your workspace via the consent form;
- Election-related synthetic media without clear and conspicuous disclosure that the content is AI-generated;
- Non-consensual sexual or intimate imagery of any person;
- Content that impersonates public figures, government officials, or brands in a manner that is not obvious satire or commentary in the public interest;
- Misleading or deceptive advertising, including fake reviews, fabricated testimonials, or content that misrepresents a product's attributes.
7. Third-Party Platforms
The Service posts content on your behalf to third-party platforms including TikTok, YouTube, Instagram, and X (each a "Target Platform"). You are solely responsible for complying with the terms of service, community guidelines, and acceptable-use rules of each Target Platform. You warrant that (a) you hold the rights necessary to publish the content there, and (b) your posting activity complies with each Target Platform's policies (including any AI-disclosure and rate limits). ABMediaX is not liable for any action a Target Platform takes against your account (suspension, shadow-ban, content removal, monetization loss, etc.).
8. Publisher Liability
You are the "publisher" of your User Content and AI Outputs for purposes of defamation, libel, right of publicity, and intellectual-property law. ABMediaX is a service provider that transmits information at your direction and, where applicable, qualifies as an "interactive computer service" under Section 230 of the U.S. Communications Decency Act, 47 U.S.C. § 230.
9. Fees, Cancellation, and Refunds
Paid subscriptions renew automatically at the end of each billing period until cancelled.
- Monthly plans: you may cancel at any time; cancellation is effective at the end of the then-current monthly billing period and no partial refunds are issued.
- Annual plans: pro-rated refunds are available only if you cancel within the first 14 days of the initial annual purchase. After 14 days, annual plans are non-refundable but service continues to the end of the paid term.
- Termination for cause: no refunds are issued for accounts terminated for violation of these Terms.
10. Disclaimers
THE SERVICE AND ALL AI OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ABMEDIAX EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI OUTPUTS WILL BE ACCURATE, ORIGINAL, COPYRIGHTABLE, OR SUITABLE FOR YOUR PURPOSE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABMEDIAX'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE AND THESE TERMS WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES YOU PAID TO ABMEDIAX IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS (US $100) IF YOU HAVE NOT PAID ANY FEES. IN NO EVENT WILL ABMEDIAX BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL.
12. Indemnification
You agree to defend, indemnify, and hold harmless ABMediaX and its officers, members, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your User Content or AI Outputs, (b) your use of the Service, (c) your violation of these Terms or applicable law, or (d) your violation of any third-party right, including intellectual-property, publicity, or privacy rights.
13. Dispute Resolution
13.1 Informal Resolution
Before filing any claim, the parties agree to first attempt to resolve the dispute informally by contacting legal@abmediax.com and allowing thirty (30) days for a good-faith response.
13.2 Mediation
If informal resolution fails, the dispute will be submitted to non-binding mediation administered by JAMS in Pennsylvania under its mediation rules.
13.3 Binding Arbitration
If mediation does not resolve the dispute within sixty (60) days, either party may elect binding arbitration administered by JAMS under its Streamlined Arbitration Rules, seated in Pennsylvania. The arbitrator's award may be entered in any court of competent jurisdiction.
13.4 Small Claims Carve-Out
Either party may bring an individual action in small-claims court if the claim qualifies.
13.5 Class-Action Waiver
YOU AND ABMEDIAX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
14. Governing Law and Venue
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-laws principles. For any claim not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Carbon County, Pennsylvania.
15. Modifications
We may modify these Terms from time to time. For material changes we will provide at least thirty (30) days' advance notice by email to the address on file and/or by prominent in-product notice. Continued use of the Service after the effective date constitutes acceptance.
16. Miscellaneous
These Terms, together with our Privacy Policy and AUP, are the entire agreement between you and ABMediaX regarding the Service. If any provision is held unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver of that provision. You may not assign these Terms without our written consent; we may assign them freely.
17. Contact
ABMediaX LLC — Lehighton, Pennsylvania
legal@abmediax.com