Birthday Short

Terms of Service

Last updated: December 29, 2025

1. Acceptance of Terms

By accessing or using Birthday Short ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

2. Description of Service

Birthday Short is an AI-powered service that generates short birthday greeting videos from uploaded photographs. The Service uses artificial intelligence to animate images and create personalized birthday content.

3. User Responsibilities and Image Rights

IMPORTANT: Image Upload Requirements

By uploading any image to our Service, you represent, warrant, and guarantee that:

  • You own the image or have obtained all necessary rights, licenses, consents, and permissions to use and authorize us to process the image
  • You have explicit consent from any identifiable person(s) depicted in the image for their likeness to be used in AI-generated video content
  • The image does not infringe upon any third party's intellectual property rights, privacy rights, publicity rights, or any other legal rights
  • The image is not illegal and does not contain obscene, defamatory, or otherwise unlawful content
  • You are authorized to grant us the temporary license to process the image as described in these Terms

3.1 Your Liability

You are solely responsible for ensuring you have all necessary rights and permissions before uploading any image. You agree to indemnify and hold harmless Birthday Short, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your violation of these Terms or your infringement of any third-party rights.

3.2 Consent Requirements

If you upload an image containing another person's likeness, you must have their explicit, informed consent. For images of minors, you must be their legal guardian or have obtained consent from their legal guardian. We reserve the right to refuse service or terminate accounts that violate these requirements.

3.3 Prohibited Content

You may not upload images that:

  • Depict violence, abuse, or illegal activities
  • Contain nudity or sexually explicit content
  • Harass, threaten, or defame any person
  • Infringe on copyrights, trademarks, or other intellectual property
  • Violate any person's privacy or publicity rights
  • Contain malware or harmful code

4. License Grant

By uploading an image, you grant Birthday Short a limited, non-exclusive, temporary license to:

  • Process the image using AI technology to generate a video
  • Temporarily store the image during processing
  • Deliver the generated video to you

This license terminates immediately upon completion of video generation. We do not claim any ownership rights to your uploaded images or generated videos.

5. Credit System and Payments

5.1 Credits

Our Service operates on a credit system. One credit equals one video generation attempt. Credits are purchased in advance and never expire.

5.2 Pricing

All prices are displayed in US Dollars. We reserve the right to change pricing at any time, but changes will not affect credits already purchased.

5.3 Non-Refundable Credits

IMPORTANT: No Refund Policy

Credits are strictly non-refundable. By purchasing credits, you acknowledge and accept that:

  • Failed generations due to AI limitations (blocked images, names, or content) do not qualify for refunds
  • AI errors in the generated video (incorrect speech, wrong name pronunciation, visual artifacts) do not qualify for refunds
  • Subjective dissatisfaction with the generated content does not qualify for refunds
  • User error (wrong photo, typos in name or message) does not qualify for refunds

We strongly recommend testing with a simple, non-celebrity photo first to understand the service before using credits for important projects.

6. AI Technology Limitations

Understanding AI Limitations

Our Service relies on third-party AI technology which has inherent limitations and restrictions. By using our Service, you acknowledge that:

  • Certain images may be blocked: The AI may refuse to process images of celebrities, public figures, or content it deems inappropriate
  • Certain names may be blocked: Names of celebrities, public figures, or words flagged by content filters may cause generation to fail
  • AI can make errors: The generated video may contain errors in speech, name pronunciation, visual quality, or other aspects
  • Results are not guaranteed: Each generation is unique and results may vary in quality and accuracy
  • Content filters apply: The AI applies safety filters that may block certain content without explanation

We do not control the AI model's decisions and cannot override its content restrictions. Generation failures due to AI limitations are not considered service failures and do not qualify for credit refunds.

7. Intellectual Property

7.1 Your Content

You retain all rights to images you upload and videos generated from your images. We claim no ownership over your content.

7.2 Our Service

The Service, including its design, technology, algorithms, and branding, is owned by Birthday Short and protected by intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of our Service.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIRTHDAY VIDEO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Birthday Short and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
  • Any content you upload to the Service

11. Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

  • Violation of these Terms
  • Uploading prohibited content
  • Fraudulent or abusive behavior
  • Any other reason at our sole discretion

Upon termination, unused credits may be forfeited.

12. Age Requirements

You must be at least 18 years old to use this Service. By using the Service, you represent that you are at least 18 years of age.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts of Paris, France.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

15. Severability

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

16. Contact

For questions about these Terms, please contact us at:

Email: legal@birthdayshot.app