Terms of use

Last updated: Septempber 2025

TERMS OF SERVICE Sumavate Effective Date: February 27, 2026

1. Acceptance of Terms

By accessing or using the Sumavate website, application, or any related services (collectively, the "Service") operated by Sumavate ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website at https://www.sumavate.com and updating the Effective Date above. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.

2. Eligibility

You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that you are at least 16 years old. If we learn that a user is under 16, we will promptly terminate their account and delete associated data.

3. Account Registration

To use the Service, you must create an account using a valid email address through Firebase Authentication. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at join@sumavate.com if you become aware of any unauthorized use of your account.

4. Description of Service

Sumavate provides motion capture and character replacement software that allows users to upload a video of movement and a reference image, and generates a video output that replaces the person in the original video with the character or figure depicted in the reference image. The Service also offers a background mode that retains the original video as the background of the generated output.

5. Subscription Plans and Billing

5.1 Plans. Sumavate offers two paid subscription plans: Basic and Pro. Details of each plan, including pricing, credit allotments, and features, are available on our website at https://www.sumavate.com.

5.2 Free Trial. Each subscription plan includes a 3-day free trial. The free trial will end early if you generate 3 or more videos during the trial period. After the trial ends, you will be automatically charged for the selected plan unless you cancel before the trial period expires.

5.3 Billing. All payments are processed through Stripe, Inc. By subscribing to a paid plan, you authorize Stripe to charge your selected payment method on a recurring basis at the applicable subscription rate. Subscriptions renew automatically at the end of each billing cycle unless you cancel before the renewal date.

5.4 Cancellation. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing cycle. You will retain access to the Service until the end of the period you have already paid for.

5.5 No Refunds. All payments are final and non-refundable. Because we offer a free trial on all plans, no refunds will be issued for subscription fees, partial billing periods, or unused credits. We reserve the right to make exceptions on a case-by-case basis at our sole discretion.

5.6 Price Changes. We reserve the right to change our subscription pricing at any time. We will provide at least 30 days' notice of any price increase. Price changes will take effect at the start of your next billing cycle following the notice period.

6. User-Uploaded Content

6.1 Your Content. You retain full ownership of the videos, reference images, and any other content you upload to the Service ("User Content"). By uploading User Content, you grant Sumavate a limited, non-exclusive, royalty-free license to process, store, and display your User Content solely for the purpose of providing the Service to you.

6.2 Output. You own all rights to the video output generated by the Service using your User Content ("Output"). Sumavate claims no ownership or license over your Output.

6.3 Your Responsibilities. You are solely responsible for all User Content you upload and all Output you generate. You represent and warrant that you have the legal right to upload and use all User Content, including any videos, images, or likenesses of other individuals. You represent and warrant that your use of the Service and any Output you create does not violate any applicable law, infringe any third-party intellectual property rights, or violate the rights of any person, including rights of publicity and privacy.

6.4 No Liability for User Content. Sumavate does not review, approve, or endorse any User Content or Output. We are not responsible for the content, accuracy, or legality of any User Content or Output created through the Service.

7. Prohibited Uses

You agree not to use the Service to:

  • Create non-consensual intimate or sexual imagery of any person.

  • Create content intended to defraud, deceive, or impersonate another person for malicious or illegal purposes.

  • Create content that constitutes defamation, harassment, bullying, or threats against any person.

  • Create content that exploits, harms, or endangers minors in any way.

  • Create content that incites violence or promotes hatred against any individual or group based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.

  • Infringe upon any third party's intellectual property rights, including uploading copyrighted characters or likenesses without proper authorization.

  • Distribute malware, viruses, or any other harmful code through the Service.

  • Attempt to reverse engineer, decompile, or disassemble any part of the Service.

  • Use the Service for any purpose that violates applicable local, state, national, or international law.

  • Circumvent, disable, or otherwise interfere with any security or access-control features of the Service, including manipulating the free trial or credit system.

We reserve the right to suspend or terminate your account without notice or refund if we determine, at our sole discretion, that you have violated any of these prohibited uses.

8. Intellectual Property

The Service, including all software, algorithms, designs, text, graphics, logos, and other materials (excluding User Content and Output), is the exclusive property of Sumavate and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works of any part of the Service without our prior written consent.

9. Third-Party Services

The Service integrates with third-party services including Firebase Authentication (Google), Stripe for payment processing, and Microsoft Azure for hosting. Your use of these services is subject to their respective terms and privacy policies. Sumavate is not responsible for the practices or availability of any third-party services.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. SUMAVATE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO GUARANTEES REGARDING THE QUALITY, ACCURACY, OR RELIABILITY OF ANY OUTPUT GENERATED THROUGH THE SERVICE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUMAVATE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO SUMAVATE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Sumavate and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Content, your Output, your violation of these Terms, or your violation of any rights of a third party.

13. DMCA and Copyright Complaints

Sumavate respects the intellectual property rights of others. If you believe that content available through the Service infringes your copyright, please submit a notice to join@sumavate.com containing identification of the copyrighted work, identification of the infringing material, your contact information, and a statement under penalty of perjury that you have a good faith belief the use is not authorized. We will respond to valid notices in accordance with the Digital Millennium Copyright Act (DMCA) and may remove or disable access to the allegedly infringing material.

14. Dispute Resolution

14.1 Informal Resolution. Before initiating any formal dispute resolution proceedings, you agree to first contact us at join@sumavate.com and attempt to resolve the dispute informally for at least 30 days.

14.2 Binding Arbitration. If the dispute is not resolved informally, you and Sumavate agree to resolve the dispute through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Minnesota. The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.

14.3 Exceptions. Either party may bring a claim in small claims court if it qualifies. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

14.4 Class Action Waiver. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Sumavate.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Minnesota.

16. Termination

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Sections 6.3, 6.4, 7, 10, 11, 12, 14, 15, and 17 shall survive any termination of these Terms.

17. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy at https://www.sumavate.com, constitute the entire agreement between you and Sumavate regarding the Service.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Waiver. The failure of Sumavate to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. Sumavate may assign these Terms without restriction.

18. Contact Us

If you have any questions about these Terms, please contact us at:

Sumavate Email: welcome@sumavate.com

Website: https://www.sumavate.com