Terms of Use

1. The service

Fynega turns a script you write into a video of a presenter speaking it, using a presenter and voice you choose. It includes text-to-speech, lip-sync, background replacement, captions and related features. Features available to you depend on your plan.

2. Your account

• You must be at least 18 years old to create an account.
• Give accurate details and keep them up to date.
• Keep your password secure and don't share your account. You're responsible for activity on your account. Tell us promptly at [email protected] if you think someone else has accessed it.

3. Plans, fees and cancelling

• Plans. The current plans, their prices and what each includes (such as video minutes per month, resolution, number of presenters, voice cloning and watermarking) are shown on our pricing section. The Starter plan is free.
• Prices. Prices are in Australian dollars and include GST where applicable.
• Billing. Paid plans are charged monthly in advance and renew automatically each month until you cancel.
• Minutes. Video minutes reset on the 1st of each calendar month and don't roll over. A video counts against your minutes when you submit it; if it fails to render because of a problem on our side, its minutes are not counted.
• Cancelling. You can cancel at any time by emailing [email protected], or close your account from your account page. Cancellation takes effect at the end of the month you've paid for, and you keep access until then.
• Refunds. We don't give refunds for partly used months or unused minutes, except where required by law (see section 11) or where we've charged you in error.
• Price changes. We'll give you at least 30 days' notice by email before a price increase for your plan takes effect, so you can cancel first if you prefer.

4. People's likeness and voice

This is the most important part of these terms. When you upload a photo, video or voice recording of a real person to use as a presenter or cloned voice, you confirm that:

• you are that person, or that person has given you their informed permission, in writing, to create AI-generated videos of them saying words they did not actually say, for the purposes you will use them;
• the person is 18 or older;
• you've told the person how their image or voice will be handled, including by pointing them to our Privacy Policy;
• you will stop using their presenter or voice, and delete it from Fynega, if they withdraw their permission; and
• you can show us evidence of that permission if we ask.

The consent details you record in Fynega are kept for this purpose. We may remove any presenter or voice, and suspend your account, if we reasonably believe permission is missing.

5. Acceptable use

You must not use Fynega to create or share content that:

• impersonates a real person, or misleads viewers about who is speaking or whether the person actually said the words;
• depicts or imitates a public figure, politician or celebrity without their permission, or is political, electoral or public-health disinformation;
• is sexual, sexually suggestive or nude, or depicts anyone under 18;
• harasses, bullies, threatens, defames or discriminates against anyone;
• is used for fraud, scams, phishing or to trick people into giving money or information;
• infringes someone else's copyright, trade marks or other rights; or
• is otherwise unlawful in Australia or where it will be shown.

You also must not remove or hide the "AI-generated" label in order to deceive viewers, remove the "Made with Fynega" mark from Starter plan videos, try to get around plan limits, access other users' content, overload or interfere with the service, or copy, resell or reverse-engineer it.

Creating or sharing sexual deepfake material of a real person without their consent is a serious criminal offence in Australia. We may report illegal content to the authorities.

6. Your content and your videos

• You own your content. Your scripts, uploads and finished videos remain yours (or your licensors').
• Permission for us to process it. You give us a non-exclusive licence to store, copy and process your content only as needed to provide Fynega to you, including making your videos. This licence ends when you delete the content, except for copies in backups, which are overwritten in the normal course.
• No training on your content. We don't use your scripts, uploads, voices or videos to train AI models.
• Using your videos. You may use the videos you make for any lawful purpose, including commercially, subject to these terms. You're responsible for following the rules of any platform you publish on, including its rules about disclosing AI-generated content.
• Keep your own copies. Download videos you want to keep. We don't guarantee to keep content indefinitely, and it's deleted when you delete it or close your account.

7. Stock presenters and voices

Stock presenters are AI-generated people who don't exist. While you have an account, you may use stock presenters and stock voices in videos you make with Fynega, and use those videos as described in section 6. You must not present a stock presenter as a real person (for example in a testimonial or endorsement), use them in content that breaches section 5, or extract them for use outside Fynega. Any resemblance to a real person is unintentional; if you believe a stock presenter looks like a real person, tell us and we'll review it.

8. AI-generated output

Fynega uses AI models to produce speech, lip movement, presenter movement and background removal. Output can contain errors, such as mispronounced words, imperfect lip-sync or visual artefacts. Review every video before you publish it. You're responsible for the script and for checking that the finished video is accurate and appropriate for how you use it.

9. Availability and changes

We aim to keep Fynega available and working well, but it may sometimes be unavailable for maintenance, updates or reasons outside our control, and rendering times vary with demand. We may improve or change features. If we make a change that significantly reduces what your paid plan includes, we'll tell you in advance and you may cancel and receive a pro-rata refund for the unused part of the month.

10. Suspension and closing accounts

• You can close your account at any time from your account page. This deletes your account and its videos, presenters and voices.
• We may suspend or close your account, or remove content, if you seriously or repeatedly breach these terms, if required by law, or to protect people from harm. Where reasonable, we'll tell you why first and give you a chance to fix the problem.
• If we close your account for reasons other than your breach, we'll refund any fees paid for the period after closure.

11. Australian Consumer Law and liability

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees or any other right or remedy you have under the Australian Consumer Law or other laws that can't be excluded.

To the extent the law allows:

• where our liability for failing to meet a consumer guarantee can be limited, it is limited to supplying the services again or paying the cost of having them supplied again;
• our total liability to you in connection with Fynega for any other matter is limited to the fees you paid us in the 12 months before the claim arose; and
• we're not liable for indirect or consequential loss, or for loss of profits, revenue, data or goodwill, except to the extent caused by our negligence, fraud or wilful misconduct.

12. Responsibility for your content

You're responsible for the scripts and media you upload and the videos you publish. If someone makes a claim against us because content you uploaded or published breached sections 4 or 5 or infringed their rights, you agree to cover our reasonable costs and losses from that claim, except to the extent we caused or contributed to them.

13. Changes to these terms

We may update these terms, for example when we add features or the law changes. For material changes we'll give you at least 30 days' notice by email or in the app. If you don't agree, you can cancel before the changes take effect. The date at the top shows when these terms were last updated.

14. Governing law and disputes

These terms are governed by the laws of New South Wales, Australia. If you have a concern, please contact us first so we can try to resolve it. You and we submit to the courts of New South Wales and the Commonwealth of Australia. This doesn't affect any right you have to bring a claim elsewhere under consumer protection laws.

15. Contact

Clix Capital Pty Limited trading as Neallus, ACN 169 978 438
Email: [email protected]
Web: neallus.com