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By accessing and using HeyGen’s application programming interfaces, software, tools, data, documentation, or website (collectively, “Services”), you expressly agree that you have read and agreed to be bound by the following terms and conditions (the “Terms”) as well as all applicable laws and regulations,and any future updates. You also agree that you are 18 years or older and legally able to enter into a binding contract.
Unless otherwise specified, terms used below and in any of our other agreements or notices, including our Privacy Policy, have the following meanings. ,
Any use of the above terminology or other words in singular, plural, capitalization, and/or he/she or they are taken as interchangeable and, therefore, as referring to the same.
These Terms and any policies incorporated in these Terms contain the entire agreement between you and HeyGen regarding access to or use of the Services and, other than any Service specific terms of use or any applicable Enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and HeyGen on that subject.
No agency, partnership, joint venture or other relationship is intended or created by your access to or use of the Services.
You may not assign or delegate any rights or obligations under these Terms and any purported assignment or delegation by you shall be null and void. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, or to any affiliate as part of a corporate reorganization.
We are committed to protecting your privacy. Our Privacy Policy explains how we collect, use and disclose personal information you provide to us when you access and use the Services. For further information, please visit our Privacy Policy here.
In addition, where you agree to these terms on behalf of an entity, you agree that our Data Processing Addendum governs our processing of any personal data contained within any content you input to our Services. You acknowledge that HeyGen may process personal data relating to the operation, support, or use of our Services for our own business purposes, such as billing, account management, data analysis, benchmarking, technical support, product development, research and development of its AI models, improvement of its systems and technologies, and compliance with law.
We grant you a non-exclusive right to access and use the Services in accordance with these Terms. HeyGen retains all right, title, and interest in and does not agree to any transfer of title regarding the Services. If applicable to You, You may authorize your employees, affiliates and contractors to use the Services on your behalf, however, you may not authorize third parties to use the Services, and in every case, you are responsible for your account’s compliance with these Terms, independent of whether or not a party was authorized by You to use the account. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You will be responsible for all usage under your account whether or not it is authorized by you.
Notwithstanding the foregoing or anything to the contrary set forth herein, you may not:
As part of your use of the Services, you may be able to input, post, upload and submit information (“User Input”) to the Services, and you may direct the Services to generate and output new content based on your User Input (“User Output”). HeyGen reserves the right to prevent or remove certain User Inputs or User Outputs in its sole discretion, for example, if they violate these Terms. HeyGen does not claim any ownership rights in your User Input or User Output, and does not restrict your ability to use User Output for your own purposes (including for commercial purposes), except in the case of termination as specified below, and expressly disclaims any liability arising from your use of any User Output for a commercial purpose. As between us and you, to the extent we acquire any rights in any User Output, we hereby assign to you all right, title and interest in and to such User Output. Your User Input, User Output, and any other information, materials, or content you post, upload, submit, or make available through the Services are collectively referred to herein as “Your Content.” You are responsible for Your Content, including taking all steps necessary to ensure that it does not violate any laws or rights of third parties or these Terms.
HeyGen does not claim to own any of Your Content and by using the Services and uploading or generating Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify Your Content to operate, improve, promote and provide the Services and to develop new services and products. You agree that these rights and licenses are royalty-free, transferable, sublicensable, worldwide and irrevocable. This Section shall survive termination of these Terms.
To the fullest extent permitted by applicable law, HeyGen reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
These Terms take effect when you first access the Services and remain in effect until terminated. You may terminate these Terms at any time by discontinuing the use of the Services and Outputs and deleting your account, if any, via your account settings. We may terminate or suspend your use of the Services immediately and without notice for any reason, including if you violate, or if we reasonably suspect in our sole discretion that you may have violated, the Terms. Upon Heygen’s termination of the Terms or termination of your use of the Services for any reason, HeyGen may, but is not obligated to, delete any of Your Content. HeyGen shall not be responsible for the failure to delete or deletion of Your Content. If HeyGen terminates the Terms or your use of the Services because it has found you in violation of these Terms or other applicable use policies, e.g., HeyGen’s acceptable use policy, you must cease use of and delete any Outputs and any other materials obtained from the Services in your possession, whether in electronic or printed format. In addition, in the event of termination of these Terms for HeyGen’s convenience and not due to your breach of these Terms, HeyGen will refund to you any prepaid, unearned fees. This section and those which by their nature are intended to survive the termination or expiration of the Terms, such as those titled General, Input and Output License, Confidentiality, Exclusions and Limitations, Indemnification, and Dispute Resolution, survive the termination or expiration of the Terms.
You may receive access to Confidential Information of HeyGen and other third parties through your use of the Services. You may use Confidential Information only as needed to access or use the Services pursuant to the Terms. You will protect such Confidential Information with reasonable care in a manner at least as protective as you use for your own Confidential Information. If you are required by law or court order to disclose such Confidential Information, you will give reasonable prior written notice to HeyGen and undertake reasonable efforts to limit the sharing of Confidential Information, including assisting HeyGen with challenging such a request if possible.
Information should be treated as “Confidential Information” if it is designated as such by HeyGen or the third party owner or if it should reasonably be considered confidential under the circumstances. When in doubt, information should be treated as Confidential Information.
(a) Subscriptions. To access and use certain Services, you may be required to enroll in a subscription payment plan and pay certain recurring charges, and by using those Services, you hereby agree to pay those recurring charges (all of the foregoing, hereinafter, a “Recurring Subscription”). If you add Services to your Recurring Subscription in the middle of your subscription term, you will be charged for such additional Services through the end of the then-current subscription term. In addition, your Recurring Subscription will automatically renew until you cancel it in accordance herewith or your Recurring Subscription is otherwise terminated. You authorize us to store your payment method information and to automatically charge your payment method(s) for the amount of your Recurring Subscription with no further action required by you. The length of your Recurring Subscription will be provided when you make your purchase. In the event that HeyGen is unable to charge your payment method(s) as authorized by you when you enrolled in a Recurring Subscription, HeyGen may in its sole discretion (i) suspend your access to the Services until payment is received or (ii) seek to update your payment method information through third-party sources (i.e., your bank or a payment processor) to continue charging your payment method as authorized by you. You may cancel your Recurring Subscription through your account at any time, but if you cancel your Recurring Subscription before the end of the current subscription period, we will not refund any charges already paid to us. Following any cancellation, however, you will continue to have access to the applicable Services through the end of your current subscription period. HeyGen may change the prices charged for Recurring Subscriptions at any time by posting updated pricing on the Pricing Page and we will provide you with prior written notice of any such changes through through the Services, by email or other similar means; provided, however, that the prices for your Recurring Subscription will remain in force for the duration of the subscription period for which you have paid. If you do not cancel, your Recurring Subscription will automatically renew at the then-current price at the time of renewal and for the same duration as the initial subscription term, and HeyGen will charge your on-file payment card or method on the first day of the renewal of the subscription term.
(b) Other Usage Charges. In the event your usage exceeds the volume provided under your Recurring Subscription, you will be charged and pay usage overage fees for your Recurring Subscription, as indicated to you upon subscribing or, if not specified in your Recurring Subscription, at HeyGen’s then current a la carte rates which are available on the Pricing Page. In such an event, you hereby authorize us to charge your payment method on file or any other payment method you choose for these charges.
(c) Payment. You represent and warrant that you have the right to use any payment method that you submit in connection with a payment. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Verification of information may be required prior to the acknowledgment or completion of any transaction. You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your transactions. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
(d) Refunds and Exchanges. Payments are non-refundable, except where required by law.
(e) Reservation of Rights. HeyGen reserves the right, including without prior notice to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any transaction; to alter the payment option for services; and to refuse to provide any user with any Service.
THE SERVICES ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR REPRESENTATIVES MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
We and our Representatives will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages. Our aggregate liability under these Terms shall not exceed the greater of the amount you paid for the service that gave rise to the claim during the 12 months before the liability arose or one hundred dollars ($100). The limitations in this section apply only to the maximum extent permitted by applicable law.
HeyGen takes no responsibility and assumes no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our services.
You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which HeyGen will be responsible for.
The Services could include technical, typographical, or photographic errors. HeyGen does not warrant that the Services are accurate, complete, or current. HeyGen may make changes to the Services at any time without notice. HeyGen does not, however, make any commitment to updating the Services.
Redistribution or republication of any part of the Services is prohibited unless otherwise stated in the Terms, or with the express written consent of the Company.
We do not monitor or review the content of third parties’ websites or services that are linked to or accessible from the Services. Opinions expressed or material appearing on such websites or services are not necessarily shared or endorsed by us, and we should not be regarded as the publisher of such opinions or material. You acknowledge and agree that HeyGen is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of third parties’ websites or services. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any materials, products, or services of third parties. Such materials and links to other websites are provided solely as a convenience to you.
Please be aware that we are not responsible for the privacy practices or content of these sites or services. We encourage our users to be aware when they leave our Services and to read the privacy statements of these sites or services. You should evaluate the security and trustworthiness of any other sites or services you visit. HeyGen is not responsible for any loss or damage in whatever manner, however caused, resulting from your interactions with third party sites or services.
The Services contain intellectual property owned by HeyGen and/or our Representatives, including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property as well as the heygen.com name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the "look and feel." The entirety of the Services is protected by intellectual property law, including international copyright and trademark laws. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of the Services or intellectual property, in whole or in part without our prior written consent, including, without limitation, any and all text, graphics, code, software, video, audio on the Services. We reserve the right to immediately remove you from the Services without notice or refund, or restrict you from access to the Services if you violate this term.
If you believe that your intellectual property rights have been infringed by a user of the Services, please send notice via certified mail to our registered agent at the address below. We may remove content alleged to be infringing and may terminate use of the Services by infringers.
Jonathan Bailey
Copyright & Plagiarism
Consultant, CopyByte
3157 Gentilly Blvd. Suite # 2254
New Orleans, LA 70122
Phone: 1-504-356-4555
Email: [email protected]
Attn: Copyright Complaint
Written claims concerning copyright infringement must include the following information:
You shall indemnify and hold us and our Representatives harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys' fees, arising out of any breach by you of any of these Terms, violation of applicable law, or any use by you of the Services or Outputs thereof. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
We shall not be deemed liable for any failure to perform any obligation in relation to the Services, including arising under these Terms, which is due to an event beyond our control, including but not limited to any act of God, terrorism, war, political insurgency, insurrection, riot, civil unrest, the act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which the Party is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under these Terms or any agreement relating to the Services. No waiver of any of the provisions of these Terms or any agreement relating to the Services shall be effective unless it is expressly stated to be such in writing and signed by duly authorized representatives of the Company.
YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
You and HeyGen agree that you will resolve any past or present claims relating to these Terms or our Services through final and binding arbitration, other than claims brought in small claims court or claims solely for injunctive relief or intellectual property disputes.
You have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by notifying us in writing within thirty (30) days of the date that you first access the Services. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with HeyGen through arbitration. If you do not opt out within thirty (30) days of the date you first access the Services, then you accept all terms and conditions of the arbitration and dispute resolution procedures described in the Terms.
Before initiating a formal action against HeyGen, including but not limited to a suit or arbitration, you agree to try to resolve the dispute informally by sending HeyGen notification by certified mail containing your name, a description of the dispute, the relief you seek, and the best method to contact you regarding your dispute. If we are unable to resolve this dispute in the greater of 60 days or such time as we may mutually agree to resolve the dispute, you may bring a formal proceeding. Any statute of limitations will be tolled during such informal efforts.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, as modified by these Terms. Proceedings shall be conducted before a single arbitrator selected by mutual agreement of the parties from the AAA National Roster. In the case of face-to-face arbitration proceedings, the proceedings shall be conducted in Los Angeles County, California. Each party is responsible for the party’s own attorneys’ fees and expenses, and HeyGen will not pay your attorneys’ fees or expenses except to the extent ordered to do so by the arbitrator. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous or brought for an improper purpose, or otherwise finds in HeyGen’s favor, you agree to reimburse HeyGen for all fees associated with the arbitration, including without limitation, attorneys’ fees and expenses.
The arbitrator shall not be permitted to grant injunctive relief (unless the parties mutually agree otherwise) and in any dispute involving monetary and injunctive claims, the monetary claims must be finally resolved in arbitration before seeking injunctive relief in court to the extent permitted by law. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof.
Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration award—will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.
These Terms shall be governed by the laws of the State of California, without regard to choice of law rules or principles. Except where a claim must be brought in arbitration or small claims court under these Terms, or to the extent the requirement to arbitrate is held unenforceable or invalid for any reason, proceedings may be commenced only in a federal or state court located within Los Angeles County, California and you and HeyGen each consent to the jurisdiction of those courts for such purposes.
You and HeyGen also agree that, to the fullest extent permitted by applicable law, any proceeding to resolve any dispute, claim, or controversy will be brought and conducted only in the respective party’s individual capacity and not as part of any class (or purported class), consolidated, multiple-plaintiff, or representative action or proceeding (“class action”). You agree to waive the right to participate as a plaintiff or class member in any class action. You expressly waive any ability to maintain a class action in any forum. If the dispute is subject to arbitration, the arbitrator will not have authority to combine or aggregate claims, conduct a class action, or make an award to any person or entity not a party to the arbitration. Further, you and HeyGen agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a class action.
You agree that a breach of these Terms will cause irreparable injury to HeyGen for which monetary damages would not be an adequate remedy and HeyGen shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
Written notifications provided under this section should be sent by certified mail to:
12130 Millennium Drive
Suite 300, Los Angeles, CA 90094
Attn: Legal Department
We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.
You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable export laws and regulations.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback, whether directly to us or by means of a third-party service, does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of HeyGen, and HeyGen may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to HeyGen any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback. To the extent such rights cannot be assigned under applicable law, you hereby waive any moral and author's rights (including attribution and integrity) that you may have in and to any and all Feedback.
If you download our mobile application associated with the Services (“Mobile App”) from an app store or distribution platform (each, an “App Store”), you acknowledge and agree that the availability of the Mobile App and the Services is dependent on the App Store from whom you received the Mobile App license, and that these Terms are between you and HeyGen and not with the App Store. HeyGen, not the App Store, is solely responsible for the Services, including the Mobile App. In order to use the Mobile App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Mobile App. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the Mobile App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
Apple App Store. The following terms apply if you download our Mobile App from a device made by Apple Inc. (“Apple”) or the Apple App Store.
i. Acknowledgment. You acknowledge that these Terms are concluded solely between us, and not with Apple. HeyGen, not Apple, is solely responsible for the Mobile App and the content thereof. You further acknowledge that the usage rules for the Mobile App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the Mobile App, and in the event of any conflict, the Usage Rules in the Apple App Store will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.
ii. Scope of License. The license granted to you is limited to a non-transferable license to use the Mobile App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
iii. Maintenance and Support. You and HeyGen acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.
iv. Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Mobile App. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the Mobile App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of HeyGen. However, HeyGen has disclaimed all warranties of any kind with respect to the Mobile App, and therefore, there are no warranties applicable to the Mobile App.
v. Product Claims. You and HeyGen acknowledge that as between Apple and HeyGen, HeyGen, not Apple, is responsible for addressing any claims relating to the Mobile App or your possession and/or use of the Mobile App, including, but not limited to (A) product liability claims, (B) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement, and (C) claims arising under consumer protection or similar legislation.
vi. Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the Mobile App or your possession and use of the Mobile App infringe that third party’s intellectual property rights, HeyGen, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
vii. Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Google Play Store. The following terms apply if you download our Mobile App from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”).
i. Google Play Terms. You acknowledge that to the extent of any conflict between (A) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (B) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Mobile App that you download from Google Play.
ii. Acknowledgement. You acknowledge that Google does not have any responsibility or liability related to compliance or noncompliance by HeyGen or you (or any other user) under these Terms or the Google Play Terms.
