Terms of Use

These Terms of Use (“Terms”) govern access to the odarkly.com platform (“Service”), operated by Suporte oDarkly.com (“we”). By creating an account, accepting, paying for a plan, or using the Service, you agree to these Terms and the Privacy Policy.

1. Eligibility

The Service is for people 18 or older. You confirm your registration data is accurate and that you act for yourself or an entity you are authorized to bind.

2. What the Service is

odarkly.com is software for AI-assisted generation of scripts, images, short clips, narration, and draft editing of faceless videos. We are not a law firm, a production studio, or a publisher. We do not post to YouTube, TikTok, or any other platform for you.

AI output is probabilistic. We do not warrant that scripts, images, voices, or videos are original, factually correct, monetizable, platform-approved, or free from resemblance to third-party works or people.

3. Account

You are responsible for your password and all activity on the account. We may refuse, suspend, or terminate accounts that use false data, share access abusively, commit payment fraud, or violate these Terms.

4. Credits, plans, and payment

The Service runs on credits and/or subscriptions. Script, image, scene, and audio actions consume credits as shown at the time of use. Welcome credits have no cash value. Unused credits may expire when a plan period ends. Subscriptions renew until cancelled; access continues until the paid period ends unless the law requires otherwise. Payments are handled by PCI-DSS certified processors. We do not store card data (full number, CVV, or expiry).

• Refunds: under Brazil’s Consumer Defense Code (CDC), you may request a refund through support while your usage (percentage of credits consumed in the purchased pack or billing cycle) does not exceed 10%. If eligible, the amount is returned to the same payment method within 7 (seven) business days after the request is confirmed. Above 10% usage, the service is considered started and no refund is due, except where the law requires it. See the Privacy Policy for details.

If you are a consumer in Brazil, the Consumer Defense Code and other applicable rules apply. Charges for proven use, fraud, or breach of these Terms are not refunded except where the law requires it.

5. Your content and generated output

You keep rights you already have in prompts and uploads. You grant us a limited license to process that material (including sending it to AI and hosting subprocessors) solely to provide, secure, and improve the Service.

To the extent the law allows, we assign you economic rights in material generated in your account (“Outputs”), subject to third-party rights, model limits, and our technical license to store, transcode, display in the editor, and back up files. You alone decide whether to publish any Output and must obtain image, voice, trademark, and copyright clearances before using real people, brands, music, or protected works.

6. Prohibited use

You may not use the Service to create or pursue: illegal content; any sexual content involving minors (we will report it and delete the account); deepfakes or use of a real identifiable person’s image or voice without a legal basis; incitement to violence or crime; defamation; copyright or trademark infringement; credit fraud, reverse engineering, or unauthorized access; or resale of the Service without a written deal.

7. Publishing platforms

YouTube and similar platforms have their own rules. Complying with them is your duty. We do not guarantee monetization, reach, or freedom from copyright claims.

8. Our IP

The odarkly.com brand, UI, code, and mascots remain ours or our licensors’. These Terms do not transfer third-party AI models or APIs.

9. Subprocessors

Prompts and files are sent to cloud and AI providers to generate text, image, video, and speech. We do not control their future model training. Do not submit sensitive personal data or secrets.

10. Availability and changes

The Service is provided “as is” and “as available.” We may change features or these Terms. The current version lives at odarkly.com/terms. Continued use after an update is acceptance unless the law requires a new consent.

11. Liability cap

To the maximum extent allowed by Brazilian law, we are not liable for lost profits, lost subscribers, demonetization, or indirect damages. Our total liability is limited to the amount you paid in the 3 months before the claim, or BRL 500, whichever is greater, except for willful misconduct, gross negligence, or rights the law does not allow us to limit (including basic consumer rights).

12. Indemnity

You will indemnify us against third-party claims arising from Outputs you generated or published, illegal prompts, or breach of these Terms, to the extent the law allows.

13. Misleading or bad-faith proceedings

You may not bring against Suporte oDarkly.com or odarkly.com complaints, reports, chargebacks, lawsuits, or administrative proceedings that are clearly unfounded, misleading, or in bad faith — including false claims about use of the Service, wrongful billing, or non-delivery when platform records show otherwise.

In those cases, Suporte oDarkly.com may take all measures allowed by law, including notifying payment institutions and authorities, immediately suspending the account, and pursuing defensive and countermeasures against you to recover amounts, court costs, fees, and other losses, without prejudice to damages and penalties under applicable law (including abuse of rights and bad-faith litigation, where applicable).

14. Suspension

We may suspend or end access for breach, legal risk, non-payment, or a lawful order. Outputs may be deleted after a reasonable operational period, subject to legally required retention.

14. Governing law

These Terms are governed by the laws of Brazil. Consumers may sue in their domicile. Otherwise, the courts of the operator’s seat have exclusive jurisdiction.

15. Contact

contact@odarkly.com. Fill in legal entity name, tax ID, and address on invoices before operating at commercial scale.