terms of use

These Terms of Use (“Terms”) are a binding agreement between you (“you” or “member”) and Cait, Inc., a California corporation doing business as Packsia (“Packsia,” “we,” “us,” or “our”), governing your access to and use of www.packsia.com, our applications (including any mobile application we may offer), and our related products, content, and services (collectively, the “Platform”). By accessing or using the Platform, you agree to these Terms, our Privacy Policy, and our Commercial License Agreement, each incorporated by reference. If you do not agree, do not use the Platform.

Arbitration notice. These Terms contain a binding individual arbitration provision and a class-action waiver in Section 19 that affect your legal rights. Please read them carefully.

1.1 Age. The Platform is intended only for users who are at least eighteen (18) years old. By using the Platform, you represent that you are 18 or older.

1.2 Registration. Some features require an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly of any unauthorized use.

1.3 Account Security. We may reclaim or change a username, or refuse, suspend, or terminate an account, at our discretion, including where information is inaccurate or these Terms are violated.

2.1 Library and AI Studio. The Platform provides a curated library of stock video clips (“Original Clips”) supplied by independent creators, and AI features that let you customize, re-style, and generate new outputs (“AI Generations”). Original Clips and AI Generations are made available to you under license, not sold.

2.2 Your License. Your rights to use Original Clips and AI Generations are governed by our Commercial License Agreement. Among other things, that license is granted per Seat, permits use for your own brands and a limited number of concurrent client brands, and excludes public performance, film and television broadcast, and web or mobile application development. Use of any content outside the scope of that license is prohibited.

2.3 Our Intellectual Property. Except for Original Clips (owned by their creators) and content you provide, the Platform and all software, design, text, graphics, and trademarks on it are owned by or licensed to Packsia and protected by law. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform for its intended purpose. We reserve all rights not expressly granted.

3.1 How AI Features Work. AI features (including “Customize,” “Reimagine,” and content-idea tools) generate outputs based on your text prompts and, in some flows, a source clip or material you supply. To produce outputs, the Platform transmits your prompts, selected clips, uploaded material, and related inputs to third-party AI service providers. Outputs are produced by automated systems, are not guaranteed, may vary in quality, may be inaccurate, and may fail. We may modify, enhance, filter, or reject prompts and inputs as part of providing the features.

3.2 Prompts and Uploaded Material; Your Representations. You are responsible for the prompts you submit and any material you upload. You represent and warrant that you own or have all rights necessary to submit them, and that you will not submit any prompt or material, or use any AI Generation, in violation of Section 5 (Acceptable Use). You acknowledge that inputs and outputs may be processed, stored, and used by third-party AI providers under their own terms, including for operating and improving their services.

3.3 Ownership and Use of AI Generations. As between you and Packsia, Packsia owns and controls AI Generations and licenses them to you under the Commercial License Agreement. You acknowledge that, under current U.S. law and U.S. Copyright Office guidance, AI-generated material may not be eligible for copyright protection, and we make no representation that any AI Generation is protectable or exclusive to you. Use of AI features is also subject to the policies of the underlying AI providers.

3.4 No Outside AI Editing. You may not use any outside or third-party AI tool or service to re-style, regenerate, train on, or otherwise create derivative or AI-generated works from any Original Clip or AI Generation. Re-styling, regenerating, and creating AI derivatives of Packsia content may be done only through the Platform. Ordinary editing of your finished works in your own software (such as trimming, color, captions, and standard upscaling) is permitted.

4.1 Plans and Allowances. Access is offered through free or trial allowances and paid subscriptions or passes. The specific features, prices, durations, download limits, and free or trial allowances are business settings that we may change from time to time. Free and trial allowances are limited and may be modified or withdrawn.

4.2 Payment. Paid plans and purchases are processed through our payment processor, Stripe. You agree to provide accurate payment information and authorize us (through Stripe) to charge your selected payment method for all applicable fees, including recurring charges for subscriptions until you cancel. All fees are in U.S. dollars and exclusive of taxes, which may be added. We do not store full payment card numbers.

4.3 AI Tokens. AI features are metered using tokens, an internal credit unit separate from library downloads. Subscriptions may include a periodic token allotment, and additional token packs may be purchased. Our intended model is that tokens are charged on successful completion of an AI job and are not charged (or are refunded) when a job fails. We may change Token pricing, plan inclusions, expiration periods, and charge-timing rules from time to time; provided, however, that (a) any material adverse change to the price, expiration, or inclusion of Tokens already purchased or included in a Member's then-current billing period will not take effect until the start of the Member's next billing period, and only after we provide at least thirty (30) days' prior notice by email to the address associated with the Member's account and via in-Service notice; (b) Tokens purchased as a one-time pack (i.e., not included in a recurring subscription) will remain redeemable for at least twelve (12) months from the date of purchase, or such longer period as required by applicable law; and (c) if we make a material adverse change to Tokens already purchased, the Member may, within thirty (30) days after the change takes effect, request a pro-rata refund of the unused portion of the affected Tokens, which we will process to the original payment method within a commercially reasonable period. Changes to prospective Token pricing or inclusions for purchases or renewals not yet made may be made at any time upon notice via the Service. Tokens have no cash value and are not redeemable for cash.

4.4 Subscriptions, Auto-Renewal & Cancellation. (a) Automatic Renewal Disclosure. By starting a paid subscription to the Service (“Subscription”), you acknowledge and agree that: (i) your Subscription will automatically renew at the end of each billing period (monthly or annual, as selected at sign-up) for successive periods of the same length until cancelled; (ii) we (or our payment processor) will automatically charge the payment method on file at the then-current renewal rate, plus applicable taxes, at the start of each renewal period; (iii) the cancellation policy and method for cancellation are described in subsection (c) below; and (iv) the amount, frequency, and duration of the recurring charges are as displayed on the checkout page at the time of purchase and in your account dashboard.

(b) Renewal Reminders. For annual Subscriptions, we will send a reminder notice by email to the address associated with your account between fifteen (15) and forty-five (45) days before the renewal date, identifying the renewal date, the renewal amount, and a direct link to cancel. For monthly Subscriptions, this notice is provided once per twelve-month period in connection with any material change to the Subscription terms or price, or otherwise as required by applicable law.

(c) Easy Cancellation (“Click-to-Cancel”). You may cancel your Subscription at any time, effective at the end of the then-current billing period, through any of the following methods, each of which is at least as simple as the method used to initiate the Subscription: (i) from within your account dashboard by selecting “Manage Subscription” and then “Cancel”; (ii) by emailing support@packsia.com with the subject line “Cancel Subscription”; or (iii) if you signed up through a third-party app store, by following that store's cancellation procedures. We will send an email confirmation of cancellation within a commercially reasonable period, and no further charges will be assessed after the end of the then-current billing period. We will not require you to speak with a customer service representative, complete a survey, or take any additional step beyond those described above to effect cancellation.

4.5 Changes to Pricing. We may change prices and plan features. Changes to recurring charges will apply to the next billing period after reasonable notice.

You agree to use the Platform only for lawful purposes and in accordance with these Terms. The following rules apply to your conduct, your prompts and inputs, and your use of any content or output. You represent that you will not, and will not attempt to:

Prohibited Content and Outputs — Submit any prompt or input intended to generate, or create, upload, or use any content or AI Generation that:

• is unlawful, or promotes or facilitates illegal activity;
• is sexual, pornographic, or nude, or that sexualizes, depicts, or endangers minors in any way;
• constitutes non-consensual intimate imagery, or depicts a real, identifiable person without their rights or consent, including deceptive “deepfake” or impersonation content;
• is hateful, harassing, threatening, defamatory, or that promotes violence, self-harm, or discrimination;
• is crude, obscene, or otherwise objectionable as determined by us;
• infringes or misappropriates any copyright, trademark, right of publicity or privacy, or other right of any third party, or that incorporates third-party brands, logos, or trademarks without authorization; or
• is false or misleading, or that is intended to deceive or defraud.

Any content or AI Generation created in violation of this Section is not licensed to you, and you obtain no rights in it. We may filter, refuse, or remove prompts and outputs, and no tokens will be refunded for a prompt rejected for violating these rules.

Prohibited Conduct — You also agree not to:

• use any outside or third-party AI tool to re-style, regenerate, train on, or create derivatives of Original Clips or AI Generations (see Section 3.4);
• resell, sublicense, share, or redistribute Original Clips or AI Generations on a standalone basis, or in any way that lets a third party extract or reuse them apart from your finished work;
• use the Platform or its content to build, train, or operate a product or service that competes with Packsia, including any stock or AI video offering;
• scrape, harvest, data-mine, or use bots, crawlers, or automated means to access or collect content or data from the Platform, or systematically build a database from it;
• circumvent, disable, or interfere with security, download limits, token metering, signed URLs, or other technical measures;
• reverse engineer, decompile, or attempt to derive source code or models, except where permitted by law;
• remove or alter any proprietary notice; impersonate any person or entity; or
• interfere with, disrupt, or impose an unreasonable load on the Platform or its infrastructure, or transmit malware or harmful code.

6.1 Submissions. If you post or transmit content to public or interactive areas of the Platform (for example, public moodboards), you represent you have the rights to do so and that it complies with Section 5. You retain ownership of your content but grant Packsia a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce, and distribute it as necessary to operate and promote the Platform. Public moodboards display only your first name.

6.2 Feedback. Any feedback, ideas, or suggestions you provide are non-confidential, and you grant us an unrestricted right to use them without compensation or attribution.

6.3 No Obligation to Monitor. We may, but are not obligated to, monitor, screen, edit, or remove content, and may do so at our discretion.

7.1 Notice of Infringement. We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act (“DMCA”). If you believe content on the Platform infringes your copyright, send a written notice to our designated agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized by the rights holder, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the rights holder or authorized to act on its behalf.

7.2 Designated Agent. Notices should be sent to: DMCA Agent, Cait, Inc. DBA Packsia, 17216 Saticoy St, Suite #224, Lake Balboa, CA 91406; email: support@packsia.com.

7.3 Counter-Notice. If your content was removed and you believe this was in error, you may submit a counter-notice with: your signature; identification of the removed material and its prior location; a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; your contact information; and consent to the jurisdiction of the federal court in your district (or the Central District of California if outside the U.S.) and to accept service from the complaining party. We may restore the material if the complainant does not file suit within the time permitted by the DMCA.

7.4 Repeat Infringers. We will, in appropriate circumstances, suspend or terminate the accounts of members who are repeat infringers.

The Platform relies on and may link to third-party services (including AI providers, payment, hosting, and analytics or referral providers). We do not control and are not responsible for third-party services, their content, or their terms and privacy practices. Your use of third-party services is at your own risk and may be governed by their terms.

We reserve the right (but have no obligation) to monitor the Platform for violations, take legal action against violators, refuse or restrict access, remove or disable content, and otherwise manage the Platform to protect our rights and ensure proper functioning. We may suspend or terminate your access at any time, with or without notice, for any violation of these Terms or applicable law. If we terminate your account, you may not re-register under another name.

These Terms apply while you use the Platform. You may stop using the Platform at any time. On termination, the provisions that by their nature should survive (including license restrictions, disclaimers, limitations of liability, indemnities, and dispute resolution) will survive. Content you lawfully incorporated into finished works during an active Seat remains subject to the Commercial License Agreement.

THE PLATFORM AND ALL CONTENT, INCLUDING ORIGINAL CLIPS AND AI GENERATIONS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT AI OUTPUTS WILL MEET YOUR EXPECTATIONS OR BE ACCURATE, OR THAT AI GENERATIONS ARE PROTECTABLE BY COPYRIGHT OR FREE OF SIMILARITY TO OTHER OUTPUTS. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PACKSIA AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless Packsia and its affiliates, officers, employees, and agents from any claim, loss, liability, or expense (including reasonable attorneys’ fees) arising from your use of the Platform, your prompts, inputs, or content, your breach of these Terms or the Commercial License Agreement, or your violation of any law or third-party right.

Our Privacy Policy explains how we collect, use, and share information, and is incorporated into these Terms. By using the Platform, you agree to the Privacy Policy. The Platform is operated from the United States; if you access it from elsewhere, you consent to the transfer and processing of your information as described in the Privacy Policy.

We may modify these Terms from time to time. We will indicate the “Last updated” date and, for material changes, provide additional notice where appropriate. Changes are effective when posted. Your continued use of the Platform after changes are posted constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Platform.

These Terms and your use of the Platform are governed by the laws of the State of California, without regard to conflict-of-laws rules. Subject to Section 19, any action must be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to their jurisdiction and venue. The UN Convention on Contracts for the International Sale of Goods and UCITA do not apply.

Any claim arising out of or related to the Platform must be commenced within one (1) year after the cause of action arises; otherwise it is permanently barred, to the extent permitted by law.

By using the Platform, you consent to receive communications from us electronically, and you agree that electronic communications, agreements, and signatures satisfy any legal requirement that such communications be in writing.

19.1 Informal Resolution. Before initiating any proceeding, you and Packsia agree to first try in good faith to resolve any dispute by written notice (to support@packsia.com) describing the dispute, allowing the receiving party thirty (30) days to respond. This is a condition precedent to litigation or filing any claim.

19.2 Binding Arbitration. IF A DISPUTE CANNOT BE RESOLVED, IT WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU WAIVE THE RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIMS, AND YOU MAY NOT PROCEED ON A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS. Disputes will be submitted to JAMS for binding arbitration under its rules then in effect, in the State of California, before one mutually agreed arbitrator. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including whether any part is void or voidable. Other rights available in court may be limited or unavailable in arbitration.

19.3 Exceptions. Either party may bring an individual claim in small-claims court, or seek injunctive relief in court to protect intellectual property or confidential information.

20.1 Entire Agreement. These Terms, with the Commercial License Agreement and Privacy Policy, are the entire agreement between you and Packsia regarding the Platform and supersede prior agreements.

20.2 Severability; Waiver; Assignment. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them freely. There is no partnership, agency, or employment relationship created by these Terms.

20.3 Force Majeure. We are not liable for any delay or failure due to causes beyond our reasonable control.

20.4 California Users. Under California Civil Code section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.

Cait, Inc. DBA Packsia

17216 Saticoy St, Suite #224, Lake Balboa, CA 91406, United States

Email: support@packsia.com