Terms of Service

1. Who we are

PatchWork is operated by Bryan Scott Chen, an individual based in Houston, Texas, USA ("PatchWork", "we", "us"). These Terms of Service ("Terms") apply to the website at www.patchworkvideo.com and its subdomains, the PatchWork web app, the PatchWork desktop app for Windows and macOS, the agent tools and MCP servers, and any related service we provide (together, the "Service").

When you create an account, request an invite, download the desktop app or use the Service, you agree to these Terms, the Acceptable Use Policy and the Privacy Policy. If you use the Service for a company or other organisation, you agree to these Terms for that organisation and confirm that you have the authority to do so. In that case, "you" means the organisation too. If you do not agree, do not use the Service.

2. The beta

The Service is an invite-only beta. This means:

• It can change at any time. We can add, change or remove features, models and integrations without notice.
• It can fail. Generations can fail, runs can stop, and projects or media can be lost or corrupted. We do not promise any level of uptime or support response time.
• Keep your own backups. Export the projects and media that matter to you. We are not responsible for lost data.
• Invites are personal. An invite code is for the person it was sent to. Do not post or sell invite codes.
• The beta can end. We can end the beta, or your access to it, at any time. When we can, we will give you notice so that you can export your work.

Feedback. If you send us ideas, suggestions or bug reports, we can use them for any purpose without payment or obligation to you.

3. Your account

• You must be at least 18 years old to use the Service.
• Give accurate information when you create an account, and keep it up to date.
• Keep your sign-in details, agent tokens and API keys secure. You are responsible for all activity under your account, including activity by agents and tools that you connect to it.
• One account is for one person. Do not share your account. To work with other people, invite them to your project or workspace.
• If you own a workspace, you are responsible for the members you add and for the content in it.
• Tell us at once if you think someone has used your account without permission.

4. Connected accounts and third-party services

PatchWork does not resell generation. The desktop app generates through accounts and keys that you connect, for example Google Flow, ChatGPT, Kling, ElevenLabs, fal.ai, RunPod or your own ComfyUI server ("Third-Party Services").

• You authorise the desktop app to act for you. When you connect an account, you allow the desktop app to sign in as you and to send your prompts, reference media and settings to that service, in the way that you set it up.
• You are responsible for following their terms. Each Third-Party Service has its own terms, usage limits, content rules and prices. You must make sure that your use of each service through PatchWork is permitted by that service. A provider can limit, suspend or close your account with them. We are not responsible for what a provider does with your account.
• You pay providers directly. Charges from Third-Party Services are between you and the provider. We do not refund them, including for failed or unwanted generations.
• We do not control Third-Party Services. They can change, fail or stop working with PatchWork at any time. Their handling of your data is set by their own privacy policies.
• Your credentials stay on your device. The Privacy Policy explains where we keep your provider logins and API keys.

5. Model licences

Each AI model that you can use through PatchWork has its own licence or terms of use. Some open-weight models have limits on where, by whom or for what purpose they can be used. For example, the MiniMax H3 licence does not grant rights in the United States, the European Union, the United Kingdom or South Korea.

Before you use a model, or use its outputs, you must check that its licence permits your use in your location. PatchWork makes the models available as a tool. It does not grant you any licence to a third-party model, and it does not check whether your use is permitted.

6. Your content and outputs

"Your Content" means everything that you or your agents put into the Service, such as prompts, scripts, reference images, voices, documents, projects and comments, and everything that the Service makes for you, such as images, video, audio and edits ("Outputs").

You own it

As between you and us, you keep all rights that you have in Your Content. PatchWork claims no ownership of your Outputs. What you can do with an Output can also depend on the terms of the model and provider that made it.

The licence you give us

You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit and display Your Content, only to run, secure and improve the Service for you. This includes sending it to the Third-Party Services that you choose, and showing it to the people that you share it with. The licence ends when you delete Your Content or your account, except for copies in backups or logs that we delete on our normal schedule, and content that you shared with others or published as a template.

Your responsibilities

• You must have all the rights and permissions that Your Content needs. This includes permission from any real person whose face, body or voice you use.
• Media links are public. Generation services fetch reference media by URL, so uploaded and generated media is stored at long, unguessable URLs that anyone who has the link can open. Do not put confidential material through the beta.
• Review every Output before you use it. AI output can be inaccurate, can look like existing work or real people, and can contain errors in text, products or labels. Outputs are not always unique: other users can get similar results.
• You are responsible for how you use Outputs, including advertising law, platform rules and any AI-disclosure duty in your market.

7. Acceptable use

You must follow the Acceptable Use Policy. It is part of these Terms. You must also not:

• Copy, sell, rent or resell access to the Service, or use it to build a competing product.
• Reverse engineer the Service, except where the law allows it even though this clause says you cannot.
• Get around invite codes, plan limits, access controls or security measures.
• Put a heavy load on our servers on purpose, or access the Service with automated tools other than the agent tools and APIs that we provide.

8. Sharing and collaboration

You can share a project or workspace with other people as a viewer, commenter or editor, and you can publish templates. When you share, the people you share with can see, and depending on their role change, the shared content. Anyone who has a share link can use it until you remove it. If you publish a template to the community, you give other users a licence to use, copy and change it in their own projects.

9. Plans, fees and cancellation

• Beta plan. Invited beta users start on a free plan. We can change what the free plan includes.
• Paid plans. If you buy a paid plan, such as PatchWork Studio, you pay the price shown when you subscribe. Payments are processed by Stripe. Plans are billed in advance and renew automatically each billing period until you cancel.
• Cancel at any time. When you cancel, your plan stays active until the end of the period that you paid for, and then it does not renew.
• Refunds. Fees are not refundable, and we do not give refunds for partial periods, except where the law requires it. If you think that we charged you in error, contact us within 30 days.
• Price changes. We will tell you at least 30 days before a price change applies to your plan. If you do not agree, you can cancel before it applies.
• Taxes. Prices do not include taxes unless we say so. You pay any taxes that apply.
• Failed payments. If a payment fails, we can move your account to the free plan.
• Fees for Third-Party Services are separate. See section 4.

10. The desktop app

We give you a personal, non-exclusive, non-transferable, revocable licence to install and use the desktop app to use the Service. The desktop app can download and install updates automatically. Beta builds may not be code-signed, so your operating system can show a warning when you install them. The desktop app contains open-source components. Their own licences apply to them, and nothing in these Terms limits your rights under those licences.

11. Copyright complaints

We respond to notices of alleged copyright infringement under the US Digital Millennium Copyright Act (DMCA). If you think content on the Service infringes your copyright, send a notice to [email protected] with the subject "Copyright notice". Include:

1. Your physical or electronic signature.
2. The copyrighted work that you say was infringed.
3. The content that you say infringes it, and enough information for us to find it, such as the URL.
4. Your name, address, telephone number and email address.
5. A statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent or the law.
6. A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorised to act for the owner.

If we remove your content because of a notice and you think that this was a mistake, you can send a counter-notice to the same address. We will close the accounts of users who infringe repeatedly, when that is appropriate.

12. Suspension and termination

• You can stop at any time. You can delete your account on the Account page. The Privacy Policy explains what we delete and when.
• We can suspend or close your account if you break these Terms or the Acceptable Use Policy, if your use creates a risk or legal exposure for us or other people, if the law requires it, or if we end the beta or the Service. When it is reasonable, we will tell you first.
• After termination, your right to use the Service ends, and we can delete Your Content. Export anything that you want to keep before you delete your account.
• Sections 2 (Feedback), 4, 5, 6, 9 (amounts that you owe), and 13 to 18 continue after termination.

13. Disclaimers

THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT YOUR CONTENT WILL NOT BE LOST, THAT ANY THIRD-PARTY SERVICE WILL CONTINUE TO WORK WITH PATCHWORK, OR THAT ANY OUTPUT WILL BE ACCURATE, LAWFUL, UNIQUE OR FIT FOR YOUR PURPOSE. Some jurisdictions do not allow some of these exclusions, so some of them may not apply to you.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS, OR FOR ANY ACTION TAKEN BY A THIRD-PARTY SERVICE AGAINST YOUR ACCOUNT WITH THEM, EVEN IF WE WERE TOLD THAT THESE DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ABOUT THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT THAT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT THAT CAUSED THE CLAIM, AND (B) 50 US DOLLARS.

15. Indemnity

You will defend and indemnify us against any claim, loss, liability, cost or expense (including reasonable legal fees) that comes from Your Content, your use of Outputs, your use of Third-Party Services through PatchWork, or your breach of these Terms, the Acceptable Use Policy or the law.

16. Governing law and disputes

The laws of the State of Texas, USA, govern these Terms, without regard to conflict-of-law rules. Before you start a legal claim, contact us and try to solve the problem informally for at least 30 days. The state and federal courts located in Harris County, Texas, have exclusive jurisdiction over any dispute about the Service or these Terms, and you and we agree to their jurisdiction. Either party can ask any court for urgent relief to protect its intellectual property or confidential information. If you are a consumer, nothing in this section removes rights that the law of your country of residence gives you and that cannot be removed by contract.

17. Changes to these terms

We can change these Terms. If a change is material, we will tell you by email or in the app before it applies. The date at the top of this page shows when the Terms last changed. If you continue to use the Service after a change applies, you accept the changed Terms. If you do not accept them, stop using the Service and delete your account.

18. General

• These Terms, the Acceptable Use Policy and the Privacy Policy are the complete agreement between you and us about the Service.
• If a court finds that part of these Terms cannot be enforced, the rest stays in effect.
• If we do not enforce a right, we do not give up that right.
• You cannot transfer these Terms without our written consent. We can transfer them, for example to a company that we form to run PatchWork, or as part of a sale of the Service.
• We are not responsible for delays or failures caused by events outside our reasonable control, including the failure of a Third-Party Service.
• You must follow the export-control and sanctions laws that apply to you. Do not use the Service if you are in a country, or on a list, that those laws prohibit.

19. Contact

Questions about these Terms: [email protected].