Terms of Service

These Terms of Service ("Terms") govern your use of FADE Neuro Video Analyzer ("FADE," "the Service"), operated by FadeByMigz LLC, 20913 Road 24.3 SW, Mattawa, WA 99349, United States. By using FADE, you agree to these Terms.

1. Eligibility

You must be at least 18 years old to use FADE. By creating an account, you represent that you are at least 18 and have the legal capacity to enter into these Terms.

2. Account Responsibilities

• You are responsible for maintaining the security of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must provide accurate information when creating your account.
• You must notify us promptly at fade.app.mail@gmail.com if you suspect unauthorized access to your account.

3. The Service

FADE provides AI-powered video analysis informed by neuroscience and advertising research. The Service analyzes uploaded videos and provides scores, findings, and recommendations based on established psychological and advertising research frameworks.

Methodology: FADE uses artificial intelligence to evaluate video content against research-backed psychological principles (such as attention, emotion, persuasion, and memory encoding). FADE does not use EEG, biometrics, facial coding, or any physical neuroscience measurement equipment. The term "Neuro" in our product name refers to the neuroscience research that informs our AI scoring methodology, not to direct measurement of neural activity.

Important: FADE's analysis is generated by AI and is intended as a decision-support tool, not a guarantee of advertising performance. Analysis results are probabilistic assessments, not predictions or guarantees of advertising outcomes. Scores and recommendations reflect AI evaluation of research-backed factors and should be used alongside your own professional judgment.

3A. URL-Based Analysis

When you submit a URL (including Instagram, TikTok, Facebook, or YouTube URLs) for analysis, you represent that:

• You have the right to analyze the content at that URL, or that the content is publicly available.
• You are not using FADE to mass-scrape, bulk-download, or systematically collect content from third-party platforms.
• Your use of URL-based analysis complies with the terms of service of the platform where the content is hosted.

FADE retrieves publicly available content at URLs you provide solely for the purpose of analysis. You are responsible for ensuring you have the right to analyze any content you submit. FADE is not responsible for the availability, accuracy, or ownership of content accessed via URLs you provide.

4. Credits and Payments

• Credits: Video analyses require credits. Credits are purchased through our platform and are non-refundable once used for an analysis.
• Pricing: Current pricing is displayed on our website. We reserve the right to change pricing with 30 days' notice to existing customers.
• Refunds: Unused credits may be refunded within 14 days of purchase. Credits that have been used for analyses are non-refundable. Contact us at fade.app.mail@gmail.com for refund requests.
• Payment processing: All payments are processed securely by Stripe. We do not store your payment card details.

5. Acceptable Use

You agree not to:

• Upload content that you do not have the right to analyze (copyrighted material you don't own or have permission to use).
• Upload illegal, harmful, or exploitative content.
• Attempt to reverse-engineer, decompile, or extract the AI models, scoring algorithms, or prompts used by the Service.
• Use automated scripts, bots, or scrapers to access the Service.
• Resell, sublicense, or redistribute analysis results as a competing service.
• Interfere with the operation of the Service or attempt to gain unauthorized access to our systems.

6. Intellectual Property

Your content: You retain all ownership rights to the videos you upload. We do not claim any ownership of your video content.

Analysis results: Analysis results generated by FADE are licensed to you for your internal business use. You may share analysis results with your team, clients, or stakeholders.

Our platform: The FADE platform, including its scoring methodologies, UI design, branding, and documentation, is the intellectual property of FadeByMigz LLC.

7. Data Handling

Your use of the Service is also governed by our Privacy Policy. Key points:

• Uploaded videos are processed by Google's Gemini AI and deleted after analysis. We do not permanently store your video files.
• Analysis results are stored in your account for your continued access.
• You may request deletion of all your data at any time.

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible).
• Third-party service outages (Google AI, Stripe, Clerk, etc.).
• Unexpected technical issues.

We are not liable for any losses resulting from service unavailability.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WE DO NOT GUARANTEE THAT AI-GENERATED ANALYSIS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR ADVERTISING OUTCOME. FADE USES AI TO EVALUATE VIDEOS AGAINST RESEARCH-BACKED PRINCIPLES, IT DOES NOT GUARANTEE RESULTS.
• OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
• IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL.

10. Indemnification

You agree to indemnify, defend, and hold harmless FadeByMigz LLC and its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising from:

• Your use of the Service or violation of these Terms.
• Content you upload or submit for analysis, including any claims of copyright infringement or intellectual property violation related to videos or URLs you provide.
• Your violation of any applicable law or third-party rights.

11. Termination

• By you: You may close your account at any time by contacting us. Unused credits will be forfeited upon account closure unless a refund is requested within the refund window.
• By us: We may suspend or terminate your account if you violate these Terms, engage in abusive behavior, or use the Service in a manner that threatens the integrity of our platform. We will provide notice and an opportunity to cure non-material violations before termination.

12. Dispute Resolution

Governing Law: These Terms are governed by the laws of the State of Washington, United States, without regard to conflict of law provisions.

Informal Resolution: Before filing any formal dispute, you agree to contact us at fade.app.mail@gmail.com and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration: If informal resolution fails, any dispute, claim, or controversy arising from or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, conducted in Washington State or remotely. The arbitrator's decision shall be final and enforceable in any court.

Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive your right to participate in a class action lawsuit or class-wide arbitration against FadeByMigz LLC.

Opt-Out: You may opt out of this arbitration clause by sending written notice to fade.app.mail@gmail.com within 30 days of creating your account. If you opt out, disputes will be resolved in the state or federal courts located in Washington State.

13. Force Majeure

FadeByMigz LLC shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic, war, terrorism, government actions, third-party service outages (such as Google AI, Stripe, Clerk, or cloud infrastructure providers), internet disruptions, power failures, or cyberattacks.

14. Meta Ads Integration

If you connect your Meta (Facebook/Instagram) advertising accounts to FADE, you authorize us to access your ad account data (campaigns, ad sets, ads, and performance metrics) through Meta's Marketing API for the sole purpose of providing ad intelligence and performance analysis within the Service. You may disconnect your Meta accounts at any time, at which point we will cease accessing your Meta data. Upon disconnection, stored Meta data will be deleted from our systems.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or a notice in the application at least 30 days before they take effect. Continued use of FADE after changes constitutes acceptance of the updated Terms.

16. Contact

For questions about these Terms:

FadeByMigz LLC
Email: fade.app.mail@gmail.com
Phone: (509) 400-0005
20913 Road 24.3 SW, Mattawa, WA 99349, United States