Entry into force: (03/011/2026)
Company Information
Ghosted is a business based in the United States. For inquiries, contact: jeremy@joindevote.com
Company's Services
Ghosted offers to its Clients (the "Clients") AI-powered UGC (user-generated content) video generation services.
The services are accessible through the Ghosted platform available at https://ghostedugc.ai (the "Platform") or through its API (the "API").
The services offered by Ghosted on the Platform (the "Services") are accessible via:
Standard offers as described on the Platform ("Standard Offers"),
A customized offer made following a call and summarized at the time of purchase (the "Customized Offer").
(together an "Offer")
The API is only accessible to the Client if they subscribe to a Customized Offer.
Information Regarding the Terms and Conditions
Function of the Terms and Conditions
The general terms and conditions (the "Terms and Conditions") constitute the sole document governing Ghosted's contractual relationship with the Client and define:
the terms of use of the Services,
the respective obligations of the parties.
Location of the Terms and Conditions
The Client can find them via a direct link at the bottom of the Platform page.
Acceptance of the Terms and Conditions
The Client accepts the Terms and Conditions when registering on the registration form. If the Client does not accept all Terms and Conditions, they cannot access the Services.
The Terms and Conditions may be supplemented by special conditions which, in the event of contradiction, shall prevail over the Terms and Conditions.
Hierarchy with the Payment Service Provider's Terms of Service
All payments made through the Platform are handled by the payment service provider indicated on the Platform (the "Payment Service Provider").
The Client will contract directly with the Payment Service Provider for implementation of these payments by accepting its terms and conditions.
If the Payment Service Provider rejects or terminates the Client's Subscription, the Client may not use the Services.
Conversely, termination of the contractual relationship between the Client and Ghosted will result in termination of the Client's contract with the Payment Service Provider.
In the event of any contradiction between the Payment Service Provider's general terms and conditions and the Terms and Conditions, the latter shall prevail.
The Client expressly mandates Ghosted to transmit to the Payment Service Provider all instructions relating to payments made on the Platform.
Conditions of Access to Services
(i) The Client is a legal entity acting through a natural person with the power or authority required to enter into a contract in the Client's name and on their behalf.
(ii) The Client is a professional, understood as any natural person or legal entity acting for purposes within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity, including when acting in the name of or on behalf of another professional.
Technical Requirements
To access the Services, the Client must have the following hardware or software: a computer, a good internet connection, and a modern web browser.
Order of the Services and Access to the Services
The Client subscribes to the Services on a subscription basis (the "Subscription"). Each subscription gives the right to a number of credits corresponding to a number of videos that can be generated on the Platform (the "Credits"), it being specified that one video can correspond to less or more than one credit as indicated on the Platform. The number of Credits is indicated in the Offer.
The Client must enter their email address or be registered on one of the third-party websites listed on the Platform and use the login details of the selected third-party website. The Client expressly authorizes Ghosted to access their account data on the relevant third-party website.
The Client must then complete the form available on the Platform and provide Ghosted with all information marked as mandatory.
Once the form has been completed, the Client may either subscribe directly to the Services on the Platform or will be put in contact with Ghosted to draw up a Customized Offer Subscription.
7.1 In Case of Standard Offer Subscription via the Form on the Platform
In case of a Standard Offer Subscription, the details of the Offer will be shown directly on the Platform and the Client will be able to choose the one they want.
7.2 In Case of Customized Offer Subscription
Once the form has been completed, the Client is put in contact with Ghosted using the contact details provided. It is the Client's responsibility to provide Ghosted with the relevant information and documents to enable it to identify its needs and expectations. Ghosted will then analyze the Client's needs and draw up a personalized offer on this basis, which must be validated by the Client. Ghosted will then send an email link enabling the Client to pay for this Customized Offer Subscription. A summary of the Customized Offer Subscription will be available at the time of payment (the "Summary"). Payment will constitute acceptance of the Customized Offer Subscription.
Any validation of a Customized Offer Subscription, whether express or implied, implies full acceptance of these Terms and Conditions in their version in force at the date of payment. Any acceptance subject to a reservation shall be considered null and void.
7.3 Opening and Creating a Workspace
Payment of an Offer automatically opens a workspace in the Client's name (a "Workspace") enabling the Client to access the Services using their login and password.
The address entered will be designated as administrator and will be able to invite member users (the "Users") into the Workspace up to the number specified in the subscribed Services. The Client is solely responsible for creating access for Users and for their personal use of the Platform.
The Client can choose to open a new Workspace for another team. In this case, they will need to take out a new subscription for the new workspace. There must be one Subscription per Workspace.
Description of the Services
Before subscribing, the Client acknowledges that they can find out about the characteristics of the Services and their constraints, including technical constraints, on the Platform.
The Client acknowledges that the implementation of the Services requires a connection to the Internet and that the quality of the Services depends on this connection, for which Ghosted is not responsible.
The Services which may be subscribed to are indicated on the Platform. Depending on the Offer chosen, the Client will have access to the Services described in the Summary or to the Services described on the Platform.
8.1 AI UGC Video Generation
Ghosted offers the Client the ability to generate AI-powered user-generated content (UGC) videos (the "Video") using the tools available on the Platform. The Client provides a script, prompt, or creative brief (the "Input") which Ghosted's AI system uses to produce Videos featuring synthetic actors (the "Synthetic Actors").
The Client may select multiple Synthetic Actors or configurations for the same Input. In this case, multiple Videos will be generated, each corresponding to a Credit.
8.2 Edit Video
If the Client wishes to edit a Video in order to modify it (for example: adding subtitles, adding music, changing format), they must download the Video in order to make these modifications outside the Platform. Only modifications permitted under the "Intellectual Property" article may be made.
8.3 Other Services
Ghosted reserves the right to offer any other Service.
Maintenance, Hosting, and Technical Support
9.1 Maintenance
For the duration of the Services, the Client benefits from maintenance, including corrective and ongoing maintenance. In this context, access to the Platform may be limited or suspended.
Ghosted makes every effort to provide corrective maintenance to address any malfunction or bug found on the Platform. The Client also benefits from ongoing maintenance, which Ghosted may carry out automatically and without prior notice, including improvements to the Platform's functionalities, the addition of new functionalities, and/or technical installations. Ghosted reserves the right to charge for certain functions.
Access to the Platform may also be limited or suspended for planned maintenance purposes.
9.2 Hosting
Ghosted uses its best efforts to host the Platform, as well as the data produced on the Platform, via a professional hosting service provider.
9.3 Technical Support
In the event of any difficulty encountered while using the Services, the Client may contact Ghosted directly on the Platform.
Technical support is available Monday through Friday, excluding US federal holidays, from 9 AM to 6 PM Eastern Time. Depending on the need identified, Ghosted will estimate the response time and inform the Client accordingly.
. Modification of the Offer
If the Client wishes to modify the content of its Subscription (including the number of Credits), they must:
If the Client wants to upgrade the Offer:
If the Client has a Standard Offer, they can choose another Standard Offer or contact Ghosted for a Customized Offer.
If the Client has a Customized Offer, they must contact Ghosted to obtain a new Customized Offer.
When the Client upgrades from one Offer to a superior one, the existing Subscription ends on the day the new Offer is purchased, which then begins on the day of payment. Any remaining unused Credits from the prior Subscription are carried over to the new subscription period.
If the Client wants to downgrade the Offer:
If the Client has a Standard Offer, they can choose another Standard Offer or contact Ghosted for a Customized Offer.
If the Client has a Customized Offer, they must contact Ghosted to obtain a new Customized Offer.
When the Client downgrades from one Offer to a lower one, the new Offer will begin on the renewal date following the current subscription period. Credits not used by the end of the current period will be lost and cannot be carried forward or refunded.
. Duration of the Services
The Subscription starts on the day of subscription for an initial period as indicated on the Platform.
It is automatically renewed for successive periods of the same duration as the initial period (together with the initial period, the "Periods"), unless the Subscription is terminated under the conditions of the article "End of Services."
. Financial Terms
12.1 Price of Services
The price of the Services subscribed to by the Client is indicated:
On the Platform, in case of a Standard Offer subscription,
In the Summary, in case of a Customized Offer subscription.
Unless otherwise specified, the price is indicated in USD.
Unless otherwise stated, the fees charged by Ghosted are exclusive of any applicable taxes, duties, or charges of any kind, including but not limited to sales tax, use tax, value added tax (VAT), goods and services tax (GST), or withholding taxes imposed by any jurisdiction (collectively, the "Taxes").
The Client is responsible for the payment of all Taxes related to purchases made under these Terms and Conditions. Depending on the Client's billing location and the nature of the Services provided, Ghosted may be required under applicable law to collect, withhold, report, and remit Taxes for which the Client is liable.
Ghosted uses Stripe Tax (https://stripe.com/tax) to determine applicable taxes based on the Client's location. By confirming an order or subscription, the Client acknowledges and agrees that:
(a) applicable taxes will be automatically calculated and added to the amount due during the payment process, based on the billing information provided;
(b) the Client remains solely responsible for the payment of any additional tax, duty, fee, or import charge not collected by Ghosted;
(c) tax rates, rules, and obligations may change at any time to reflect the legal requirements in force in the Client's jurisdiction.
The Client undertakes to provide accurate, complete, and up-to-date billing information, including address, status (individual or business), and, where applicable, tax identification number. Ghosted shall not be held liable for the consequences of inaccurate or incomplete information provided by the Client.
If Ghosted is legally required to collect or pay Taxes that are the responsibility of the Client, the corresponding amount shall be invoiced to the Client, unless the Client provides Ghosted with a valid tax exemption certificate issued by the competent tax authority.
In the event of termination of the Services or downgrading of the Offer by the Client, unused Credits are not refunded or carried forward.
Termination of the Subscription shall be effective at the end of the last Subscription Period in progress. Any Subscription Period started shall be due in full.
Ghosted's prices may be revised at any time under the conditions of the article "Modification of the Terms and Conditions."
12.2 Invoicing and Payment Terms
Ghosted will send the Client an invoice for each Period by any appropriate means.
Payment is by direct debit through the payment service provider indicated on the Platform.
Subscription payments may also be made by bank transfer to the address indicated on Ghosted's invoices.
The Client warrants that they have all necessary authorizations to use the selected method of payment.
12.3 Exceeding the Number of Credits and Overage Price
Each Offer includes a number of Credits. Ghosted monitors credit usage on a regular basis.
When the Client exceeds the number of Credits included in their subscribed Offer:
If they have subscribed to a Standard Offer: they must wait for their subscription to renew or request a Customized Offer.
If they have subscribed to a Customized Offer: Ghosted will invoice the Client for any additional Credits used each month. The price of additional Credits is indicated on the Platform or in the Summary.
12.4 Consequences of Late or Non-Payment
In the event of default or delay in payment, Ghosted reserves the right, from the day after the due date shown on the invoice, to:
Immediately suspend the Services until full payment of all amounts due,
Charge interest on arrears and a flat-rate indemnity for collection costs, without prejudice to additional compensation if actual collection costs exceed this amount.
. Intellectual Property Rights
13.1 Intellectual Property Rights on the Platform
The Platform is Ghosted's property, as are its software, infrastructure, databases, and content of any kind (texts, images, visuals, music, logos, brands, etc.). They are protected by all applicable intellectual property rights. The Client and Users are granted a non-exclusive, personal, and non-transferable license to use the Platform in SaaS mode for the duration specified in the article "Duration of the Services."
13.2 Intellectual Property Rights on the Video
Subject to the Integrated Elements (as defined below), Ghosted grants to the Client a non-exclusive, personal, and non-transferable license on the Video. Ghosted cannot guarantee that another Ghosted Client will not provide a similar or identical Input and generate a similar or identical Video.
The license is granted for the legal duration of applicable intellectual property rights and is worldwide, subject to the Restrictions below.
Subject to the Restrictions, the license includes:
the right to reproduce and fix the Video on any medium and by any tangible or intangible process;
the right to distribute, broadcast, and market the Video, whether free of charge or for payment;
the right to publicly exhibit or represent the Video in any physical or digital location, through any media, network, or authorized means of distribution;
the right to make modifications limited exclusively to the following: cropping, adding music, text and subtitles, emojis, B-roll, GIFs, sound effects, changing the format of the Video, and affixing the Client's name, brand, and logo. Any other modification must be approved in writing by Ghosted.
Restrictions to the license are as follows. The Client and Users may not use the Video for any activity, use, or content that:
constitutes, encourages, or provides instructions to commit a criminal offense or dangerous activities that may result in serious injury, death, or self-harm;
disseminates harmful false information, including content that incites hatred, misleads audiences, or unduly influences elections or civic processes;
constitutes a threat of any kind, or intimidates or harasses others;
is obscene, pornographic, or promotes sexually explicit content;
is hateful or offensive;
contains or promotes violence or discrimination based on race, ethnicity, nationality, religion, sexual orientation, gender, gender identity, disability, immigration status, or age;
otherwise contains harmful content;
promotes or enables prohibited activity;
infringes the rules of advertising platforms; or
infringes applicable influencer marketing disclosure regulations.
The Client and Users may not use the Video to:
create a business competing with Ghosted,
carry out misleading or deceptive advertising, or
use the Video as input data for other AI or software tools to modify the image, voice, or likeness of any Synthetic Actor without Ghosted's written approval.
In the event of non-compliance with the conditions and/or Restrictions of the license, the license is no longer valid and the Client shall cease all use of the Videos.
Except with respect to the Integrated Elements (for which the Client is solely responsible), Ghosted warrants that it holds all necessary rights to grant the license described herein.
13.3 Intellectual Property on the Integrated Elements
The Input, Client-provided videos, scripts, and any other elements supplied by the Client for integration into the Video (collectively, the "Integrated Elements") remain the property of the Client.
In order to implement the Services, generate the Videos, and improve the Services, the Client grants Ghosted, free of charge, a worldwide license to use the Integrated Elements, which includes:
the right to reproduce and fix the Integrated Elements;
the right to represent the Integrated Elements;
the right to adapt, translate, modify, arrange, transform, and correct the Integrated Elements, including through retouching, cropping, format or color changes;
the right to train Ghosted's artificial intelligence models for the purpose of improving the Services;
the right to promote the Services and Ghosted's business.
The Client guarantees that the Integrated Elements do not contain any element likely to infringe the rights of a third party, including but not limited to intellectual property rights, privacy rights, or rights of publicity, and that this license does not infringe the rights of third parties.
The Client guarantees Ghosted against any infringement of third-party rights, including any claims, actions, proceedings, or demands made against Ghosted due to a violation of intellectual property rights, personality rights, or any applicable law. The Client specifically guarantees that it holds all necessary rights in the event that any Video features or contains the voice or likeness of any individual.
The Client acknowledges and accepts that protective measures have been put in place on the Platform by Ghosted to govern the use of the Platform and the Integrated Elements. The Client undertakes not to circumvent these measures.
. Testimonials
By subscribing to the Services, the Client may provide testimonials regarding their use of the Services (the "Testimonials").
The Client agrees that Ghosted may:
distribute the Testimonials free of charge on the Platform and on any other websites, for the purpose of promoting the Platform,
translate Testimonials into any language,
adapt Testimonials to the technical constraints of the Platform.
. Commercial References
The parties may use their respective names, brands, and logos, and refer to their respective platforms, as commercial references, for the duration of their contractual relationship and for three (3) years thereafter.
. Client's Obligations and Liability
Without prejudice to the other obligations set out in the Terms and Conditions, the Client undertakes to comply with the following obligations:
16.1 Concerning the Provision of Information
The Client undertakes to provide Ghosted with all information required to subscribe to and use the Services.
16.2 Concerning the Client's Workspace
The Client:
guarantees that the information provided in the form is accurate and undertakes to keep it up to date;
acknowledges that this information is proof of their identity and is binding as soon as it is validated;
is responsible for maintaining the confidentiality and security of their login credentials. Any access to the Platform using their login and password is deemed to have been made by the Client.
The Client must immediately contact Ghosted if they find that their Workspace has been used without their knowledge. Ghosted shall have the right to take all appropriate measures in such a case.
The Client is solely responsible for creating access for Users.
16.3 Concerning the Use of the Services
The Client is responsible for their use of the Services and any content they submit. They are also responsible for the use of the Services by Users. The Client undertakes to ensure that the Services are used exclusively by them and/or Users, who are subject to the same obligations as the Client.
The Client undertakes not to use the Services for purposes other than those for which they were designed, and in particular not to:
engage in any illegal or fraudulent activity;
undermine public order or morality;
infringe the rights of third parties, including through identity fraud;
violate any contractual, legislative, or regulatory provision;
engage in any activity likely to interfere with a third party's computer system;
promote services and/or websites in a manner not authorized by the Terms and Conditions;
assist or incite a third party to commit any of the acts listed above.
The Client also refrains from:
copying, modifying, or misappropriating any element belonging to Ghosted;
engaging in behavior likely to interfere with or compromise Ghosted's computer systems or security measures;
infringing Ghosted's financial, commercial, or moral rights and interests;
marketing, transferring, or otherwise providing access to the Services or to any element belonging to Ghosted.
The Client is responsible for all Integrated Elements. Ghosted shall not be liable if the Integrated Elements are contrary to law or injure a third party.
The Client acknowledges and accepts that Ghosted may add or remove Synthetic Actor profiles from the Platform at any time.
The Client is solely responsible for the use of any Video, including any commercial exploitation.
Ghosted does not guarantee that the Video generated will exactly match the Client's expectations, and the Client acknowledges that multiple Videos requiring multiple Credits may be necessary to achieve the desired result.
Regarding use of the API, the Client expressly acknowledges that usage exceeding 40 requests per second will be considered fraudulent, and access to the Services may be denied.
The Client guarantees compliance by all Users with the obligations set forth in these Terms and Conditions.
Ghosted does not intend for its artificial intelligence system to be used for high-risk purposes. Accordingly: (i) the Client is strictly prohibited from altering, modifying, or adapting the Platform for any high-risk purpose; and (ii) the Client is strictly prohibited from using the Platform for any purpose deemed high-risk under applicable AI regulation or any relevant regulatory framework.
The Client shall indemnify Ghosted against any claim and/or action brought against it as a result of the Client's breach of any obligation hereunder. The Client undertakes to fully cover Ghosted's defense in any related proceedings, including all legal fees, attorney's fees, procedural costs, and any judgment or damages that Ghosted may be ordered to pay.
. Ghosted's Obligations and Liability
Ghosted undertakes to provide the Services with diligence, it being specified that it is bound by a best-efforts obligation.
Ghosted undertakes to comply with all applicable regulations.
Concerning the Quality of the Services
Ghosted uses its best efforts to provide the Client with quality Services and carries out regular checks to verify the operation and accessibility of its Services.
However, Ghosted shall not be held liable for temporary difficulties or impossibilities in accessing the Services resulting from:
circumstances external to its network (including partial or total failure of the Client's systems),
failure of equipment, cabling, services, or networks not under its responsibility,
interruption of Services by telecom operators or Internet service providers,
intervention by the Client, including incorrect configuration of the Services,
force majeure.
Ghosted does not guarantee that the Services will be entirely free of errors, defects, or faults as they are subject to ongoing development and improvement.
Concerning the Platform Service Level
Ghosted makes every effort to maintain 24/7 access to the Platform, except in the event of scheduled maintenance or force majeure.
Concerning Backup of Data
Ghosted shall use its best efforts to safeguard all data produced on the Platform. Except in cases of proven negligence on the part of Ghosted, it is not liable for any loss of data during maintenance operations.
Concerning Data Storage and Security
Ghosted provides sufficient storage capacity for the operation of the Services and makes its best efforts to ensure data security by implementing measures to protect infrastructure, detect and prevent malicious acts, and recover data.
Concerning Subcontracting and Assignments
Ghosted may use subcontractors to carry out the Services, and these subcontractors are subject to the same obligations as Ghosted. Ghosted remains solely responsible to the Client for the proper performance of the Services.
Ghosted may substitute any person who will be subrogated in all its rights and obligations under its contractual relationship with the Client. In such a case, Ghosted will inform the Client of this substitution in writing.
. Limitation of Ghosted's Liability
Ghosted's liability is limited solely to proven direct damages suffered by the Client as a result of using the Services.
Subject to applicable law, and subject to having made a claim in writing within a period of one (1) month following the occurrence of the damage, Ghosted's liability shall not exceed the amounts received by Ghosted during the twelve (12) months preceding the event giving rise to liability, or the duration of provision of the Services, whichever is shorter.
. Admissible Modes of Proof
Proof may be established by any means.
The Client is hereby informed that messages exchanged via the Platform, as well as data collected on the Platform and Ghosted's computer systems, constitute the primary accepted mode of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.
. Personal Data Processing
The parties undertake, each insofar as concerned, to comply with all applicable laws and regulations related to personal data protection, including but not limited to the California Consumer Privacy Act (CCPA) and any other applicable US state or federal privacy laws (the "Applicable Regulations").
For the purposes of managing the contractual relationship between the parties, each party processes the personal data of the other party's contact persons as a data controller within the meaning of the Applicable Regulations. This processing is necessary for the proper performance of the contract and concerns identification data (including name, email address, and phone number) of the parties.
To find out more about the processing carried out by Ghosted, the Client is invited to consult Ghosted's Privacy Policy, which is available on the Platform.
. Confidentiality Obligations of the Parties
Unless otherwise agreed in writing by the other party, the parties respectively undertake to keep confidential, for the duration of their contractual relationship and three (3) years thereafter, all information relating to or held by the other party of which they may have become aware in connection with the conclusion and performance of their relationship.
This obligation does not extend to information:
of which the receiving party was already aware,
already in the public domain at the time of communication, or which becomes public without breach of this article,
lawfully received from a third party, or
the disclosure of which is required by judicial or regulatory authorities or to establish the rights of a party under the contractual relationship.
Confidential information may be shared with the parties' respective employees, collaborators, agents, and contractors, provided they are subject to the same obligation of confidentiality.
. Force Majeure
The parties shall not be liable for any failure or delay in the performance of their contractual obligations due to a force majeure event, meaning any event beyond the reasonable control of the affected party, including but not limited to acts of God, natural disasters, war, government action, labor disputes, or internet or infrastructure outages.
If a party is prevented from fulfilling its obligations due to a force majeure event, it must notify the other party promptly in writing. Obligations will be suspended from the date of such notice and must be resumed within a reasonable time once the force majeure event has ceased.
The affected party remains bound by the performance of obligations not affected by the force majeure event and by all payment obligations.
If a force majeure event lasts for more than thirty (30) business days, Ghosted may immediately terminate its contractual relationship with the Client by written notice.
. End of Services
The Subscription must be terminated by either party no later than seventy-two (72) hours before the end of the current Period, by:
For the Client: via the support tools available in the Workspace. It is the Client's responsibility to download all Videos they wish to retain.
For Ghosted: by email to the Client.
Termination of the Subscription shall be effective at the end of the last Subscription Period in progress. Any Subscription Period started shall be due in full.
The Client will no longer have access to their Workspace once the Services have ended.
. Sanctions in the Event of Breach
In the event of a breach by one of the parties of any of its obligations under the Terms and Conditions, the Terms and Conditions may be terminated automatically fifteen (15) days after the breaching party receives written notice of the breach, which has remained without effect, or immediately if the breach cannot be remedied.
However, in the following limited cases, termination by Ghosted may take place immediately without notice or formal notice, without payment of any compensation, and without prejudice to any other rights of Ghosted, including any damages it may claim, in the event of:
non-payment of the Subscription price,
supply to Ghosted of incorrect or incomplete information,
breach of intellectual property or confidentiality obligations,
carrying out illegal or fraudulent activities or activities that infringe on the rights or safety of third parties, undermine public order, or violate applicable laws and regulations.
Termination of Services results in deletion of the Client's Workspace.
. Modification of Terms and Conditions
Ghosted may modify its Terms and Conditions at any time and will inform the Client in writing (including by email) at least ten (10) calendar days before the changes come into force.
If the Client does not accept the modifications, they must terminate their Subscription in accordance with the article "End of Services."
. Language
In the event of contradiction or dispute as to the meaning of any term or provision, the English language version shall prevail.
. Applicable Law and Jurisdiction
