Terms & Conditions

Last updated: May 15, 2025

1. AGREEMENT TO TERMS

These Terms and Conditions ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Raygun ("we," "us," or "our"), concerning your access to and use of the ZAP mobile application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "App" or "Services").

By accessing or using the App, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you disagree with any part of these Terms or the Privacy Policy, you may not access or use the App.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the ZAP app and all source code, databases, functionality, software, designs, text, photographs, and graphics on the app (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

The Content and Marks are provided "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the app and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3. USER REPRESENTATIONS

By using the ZAP app, you represent and warrant that:

You are at least 13 years of age
You have the legal capacity and agree to comply with these Terms
You will not use the app for any illegal or unauthorized purpose
Your use of the app will not violate any applicable law or regulation
You will not infringe upon or violate our intellectual property rights or those of any third party
You will not transmit any viruses, malware, or other types of malicious software

4. USER REGISTRATION

To access certain features of the app, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.

5. PROHIBITED ACTIVITIES

You may not access or use the ZAP app for any purpose other than that for which we make it available. The app may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the app, you agree not to:

Systematically retrieve data to create a collection, compilation, database, or directory
Trick, defraud, or mislead us and other users
Circumvent, disable, or otherwise interfere with security-related features of the app
Engage in unauthorized framing of or linking to the app
Make improper use of our support services
Use the app to advertise or offer to sell goods and services
Create deepfakes or manipulated media for illegal, harmful, or deceptive purposes
Use our face swap and voice cloning features to impersonate others without consent
Generate content that violates others' privacy or intellectual property rights

6. USER CONTENT AND LICENSE

The App allows you to upload, submit, store, send, or receive content, including but not limited to images, photographs, videos, audio recordings, and text ("User Content"). You retain all ownership rights you have in your User Content.

When you upload or otherwise submit User Content to or through our Services, you grant us (and those we work with, such as our third-party AI processing partners Fal.ai and Replicate, and our cloud storage provider Supabase) a non-exclusive, royalty-free, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works (such as those resulting from animations, face swaps, lip-syncs, or other transformations we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display, and distribute such User Content.

The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services, primarily for the temporary storage and processing described in our Privacy Policy, and for any generated content you choose to keep accessible or share. Ensure you have the necessary rights to grant us this license for any User Content that you submit to our Services.

You represent and warrant that: (i) you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of your User Content on the App will not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of User Content you post on or through the Services.

Specifically regarding face data: If your User Content includes images or videos of faces, you acknowledge that this content will be processed to extract facial features for the purposes of face swapping, lip-syncing, or other animation features of the App, as further detailed in our Privacy Policy. You must have obtained all necessary consents from any individuals whose faces appear in your User Content for such use.

7. PROPER USE OF FACE SWAP, LIP-SYNC, AND VOICE CLONING FEATURES

ZAP provides face swap, lip-sync, voice cloning, and related AI-powered animation technologies for creative expression, entertainment, and personal, non-commercial use, unless otherwise explicitly permitted by us. You agree to use these features ethically, responsibly, and in compliance with all applicable laws.

You shall not use these features or the App to create, upload, or share User Content that:

Is illegal, fraudulent, deceptive, or misleading.
Creates non-consensual sexually explicit material or any content that exploits, abuses, or endangers children.
Misrepresents a real person's identity, actions, or statements in a manner that is intended to deceive, defame, harass, or intimidate others.
Infringes upon or violates the intellectual property rights (including copyright, trademark, patent) or any other proprietary rights of any third party.
Violates any person's right of publicity, privacy, or data protection. You must have obtained explicit, informed consent from any identifiable individuals (or their legal guardians if minors) depicted in your User Content before using their likeness for face swap, lip-sync, or voice cloning, especially if the output could be considered an impersonation or alteration of their original expression.
Is used to spread misinformation, disinformation, or propaganda that could cause harm.
Promotes violence, hate speech, discrimination, or harassment against any individual or group based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.

We reserve the right to remove any User Content and/or terminate your access to the Services if we believe, in our sole discretion, that you have violated these Terms, our Privacy Policy, or any applicable laws.

8. PURCHASES AND PAYMENT

The ZAP app offers a token-based system for accessing certain features. By purchasing tokens, you agree to the following:

All purchases are final and non-refundable
You authorize us to charge your selected payment method for the tokens purchased
Prices for tokens are subject to change at any time
Tokens have no cash value and cannot be exchanged for cash
Unused tokens may expire after a certain period as specified in the app

We use third-party payment processors and are not responsible for errors or security breaches experienced by these payment processors.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE ZAP APP OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE PREVIOUS SIX (6) MONTHS.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

Your use of the ZAP app
Content you upload or generate using our services
Your violation of these Terms
Your violation of the rights of a third party, including but not limited to intellectual property rights

11. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the ZAP app.

We may terminate or suspend your account and access to the app immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

Upon termination, your right to use the app will immediately cease, but all provisions of these Terms that by their nature should survive termination shall survive.

12. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles.

Any dispute arising from or related to these Terms or your use of the ZAP app shall first be resolved through good-faith negotiation. If such negotiation fails, the dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA) in Wilmington, Delaware. The arbitration shall be conducted by a single arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

13. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our app. Your continued use of the app after such modifications will constitute your acknowledgment and agreement to the modified Terms.

14. CONTACT US

For questions about these Terms, please contact us at:

Email: legal@raygun.ai