Terms of Service

1. Introduction & Definitions

These Terms of Service ("Terms") govern your access to and use of the TuBoost platform (hereinafter also referred to as the "Service" or "Platform"), available at www.tuboost.io, owned and operated by SkyClouds SRLs (hereinafter "we," "us," or "our").

By registering for or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you may not use the Platform.

These Terms are drafted in compliance with Articles 1341 and 1342 of the Italian Civil Code, Italian Legislative Decree 206/2005 (Consumer Code), Regulation (EU) 2016/679 (GDPR), and all applicable Italian and EU legislation.

Definitions

• "User" — any natural or legal person who registers and uses the Service.
• "Credits" — virtual units purchased or received for free that allow the User to process videos and generate clips on the Platform.
• "Clip" — a short video segment generated by the Platform's artificial intelligence from a video uploaded by the User.
• "User Content" — any video, audio, image, or other material uploaded, submitted, or made available by the User through the Platform.
• "Drop" — a limited-time thematic credit pack available on the Platform.

2. Description of the Service

TuBoost is an AI-powered SaaS platform that enables users to:

• Upload videos via file or URL (YouTube, Vimeo, Loom, TikTok, Instagram, Facebook, Twitter/X).
• Automatically analyze video content using AI models (active speaker detection, audio transcription, content classification).
• Generate short clips optimized for social media, complete with automatic subtitles.
• Download generated clips with various format and subtitle style options.

The Service is provided "as is" and the quality of generated clips depends on the quality of the original material provided by the User.

3. Registration & Account

• Registration is free and requires a valid email address, name, username, and password.
• You must be at least 16 years of age to use the Service. Use by minors is prohibited pursuant to GDPR Art. 8 and Italian Legislative Decree 196/2003, Art. 2(1).
• Upon registration, you receive 10 free credits with no payment information required.
• You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted through your account.
• You agree to provide truthful, accurate, and up-to-date information.
• You may enable two-factor authentication (MFA/TOTP) for enhanced account security.
• Available account types are Creator and Business, which share the same features but are intended for different use cases.

4. Credits, Pricing & Payments

4.1 Credit System

• The Service operates on a prepaid credit system. There are no monthly or annual subscriptions.
• 1 credit ≈ 1 minute of video analyzed ≈ 1 clip generated.
• Purchased credits never expire and remain in your account indefinitely.
• If a clip does not meet your expectations, you may regenerate or adjust it at no additional credit cost.

4.2 Available Packs

Limited-time Drops (thematic credit packs) and promo codes may also be available, subject to conditions specified at the time of publication.

4.3 Payments & Billing

• All payments are processed by Stripe. We never store credit card numbers on our servers.
• Prices are displayed excluding VAT. VAT is automatically calculated at checkout based on your country.
• EU businesses with a valid VAT number are eligible for the reverse charge mechanism.
• At checkout, you will be asked for your billing address and, for Italian users, your Codice Fiscale (Italian tax code) and SDI / PEC recipient code for electronic invoicing.

4.4 Right of Withdrawal & Refunds

Pursuant to Articles 52–59 of Italian Legislative Decree 206/2005 (Consumer Code):

• Consumer Users have the right to withdraw within 14 days of purchase, without penalty and without providing any reason.
• Refunds are granted exclusively for unused credits. Credits already consumed for AI video processing are non-refundable, as the service has been fully performed (Art. 59(a), Legislative Decree 206/2005).
• To exercise the right of withdrawal, send a written request to info@skyclouds.co or via PEC to skyclouds@pec.it.
• Refunds will be issued within 14 days from receipt of the withdrawal request, using the same payment method used for the original purchase.

5. Referral Program

• Every registered User has a unique referral link that can be shared to invite new users.
• When a new user signs up through a referral link and completes registration, both the referrer and the new user receive bonus credits as outlined in the Referral section of the website.
• Referral credits are not redeemable for cash and are non-refundable.
• Abuse of the referral program through the creation of multiple accounts, bots, or automated systems is strictly prohibited. In the event of abuse, we reserve the right to revoke credits and/or suspend the accounts involved.

6. Intellectual Property

6.1 User Content

• You retain all intellectual property rights to the videos you upload and the clips generated from them.
• By uploading a video, you grant us a limited, non-exclusive, temporary license solely to process the content and deliver the Service.
• We do not use User Content to train AI models or for any purpose other than providing the Service.

6.2 Platform

• The Platform, including its software, design, trademarks, logos, AI algorithms, and documentation, is the exclusive property of SkyClouds SRLs and is protected under Italian and international intellectual property law (Italian Law 633/1941, Legislative Decree 30/2005).
• Unauthorized reproduction, modification, distribution, or use of any part of the Platform is prohibited.

7. User Obligations & Responsibilities

By using the Service, you agree to:

• Upload only videos for which you hold the rights or have obtained valid authorization from the rights holder.
• Not upload content that infringes copyrights, registered trademarks, or other third-party intellectual property rights.
• Not upload content that is illegal, defamatory, obscene, violent, incites hatred, or violates human dignity.
• Not use the Service for fraudulent, illegal, or unauthorized purposes.
• Not attempt to access restricted areas of the Platform, other users' accounts, or backend systems.
• Not reverse engineer, decompile, or analyze the source code of the Platform.
• Not use automated tools (bots, scrapers) to access the Service without prior written authorization.

Important note regarding third-party platform downloads: When you provide a video URL from platforms such as YouTube, Vimeo, TikTok, Instagram, Facebook, or Twitter/X, you are solely responsible for complying with those platforms' terms of service and applicable copyright laws. TuBoost acts as a technical tool at your direction and does not verify rights ownership of downloaded content.

8. Prohibited Use

The following is expressly prohibited:

• Using the Service to generate deepfakes, manipulated content for disinformation purposes, or any content that violates Regulation (EU) 2024/1689 (AI Act).
• Reselling, sublicensing, or redistributing access to the Service or credits to third parties without authorization.
• Intentionally overloading Platform systems through excessive requests or DoS/DDoS attacks.
• Using the Service to collect personal data of third parties without their consent.
• Circumventing, disabling, or interfering with the Platform's security measures.

9. Service Availability & Limitations

• We strive to ensure maximum Service availability; however, we do not guarantee uninterrupted or error-free operation.
• The Service may be temporarily suspended for scheduled maintenance, updates, or force majeure events.
• Video processing times depend on content length, system load, and the complexity of AI analysis.
• The quality of generated clips depends on the audio/video quality of the original material. Videos with poor audio quality, background noise, or overlapping speech may produce sub-optimal results.
• We reserve the right to modify, update, or remove features of the Service at any time, with reasonable notice to users.

10. Limitation of Liability

To the maximum extent permitted by applicable law (Articles 1218 et seq. of the Italian Civil Code):

• SkyClouds SRLs shall not be liable for indirect, incidental, consequential, or punitive damages, including loss of profit, loss of data, or business interruption.
• Our maximum aggregate liability to you for any and all claims shall not exceed the total amount paid by you in the preceding 12 months.
• We are not responsible for the loss of content uploaded by the User. You are responsible for maintaining backup copies of your original videos.
• We are not liable for malfunctions or interruptions of third-party services (Stripe, AWS, video platforms) that may affect the Service's functionality.
• Nothing in these Terms limits liability for willful misconduct, gross negligence, or mandatory consumer rights under Italian Legislative Decree 206/2005.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available." To the fullest extent permitted by law:

• We make no warranties, express or implied, regarding the accuracy, reliability, or completeness of AI processing results.
• We do not guarantee that the Service will meet your expectations or produce specific results.
• These exclusions do not affect mandatory consumer rights under Italian Legislative Decree 206/2005 and Articles 1490 et seq. of the Italian Civil Code.

12. Suspension & Termination

12.1 By the User

• You may delete your account at any time through your profile settings or by contacting support.
• Account deletion results in the permanent loss of remaining unused credits and all generated clips.
• You may request data portability (GDPR Art. 20) before proceeding with account deletion.

12.2 By Us

• We reserve the right to suspend or terminate your account in the event of a violation of these Terms, with written notice and justification.
• In cases of serious violations (illegal activity, system abuse, fraud), suspension may be immediate and without prior notice.
• Accounts inactive for more than 3 years may be closed after 30 days' notice.

13. Indemnification

You agree to indemnify and hold harmless SkyClouds SRLs, its directors, employees, and collaborators from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your violation of these Terms.
• Infringement of third-party intellectual property rights through content you upload.
• Your use of the Service in violation of applicable law.

14. Data Protection

The processing of personal data is governed by our Privacy Policy and our Cookie Policy, which form an integral part of these Terms.

For further details on how we collect, use, and protect your data, including information about third-party services used (Stripe, AWS, Google Gemini, Modal.com, etc.), please refer to the above policies.

15. Changes to These Terms

• We reserve the right to modify these Terms at any time by posting the updated version on this page and updating the "Last updated" date.
• In the event of material changes, we will notify you via email and/or an in-platform notice with at least 15 days' advance notice.
• Continued use of the Service after notification of changes constitutes acceptance of the revised Terms. If you disagree, you may delete your account.

16. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and SkyClouds SRLs regarding the use of the Service.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms to a third party in the event of a merger, acquisition, or asset transfer.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, it shall be replaced by the applicable legal provision, without affecting the validity of the remaining clauses.
• Waiver: Failure to enforce any right or provision of these Terms does not constitute a waiver thereof.
• Force Majeure: We shall not be liable for failures or delays caused by events beyond our reasonable control, including natural disasters, pandemics, infrastructure failures, cyberattacks, or government orders.

17. Governing Law & Jurisdiction

• These Terms are governed by Italian law.
• For disputes involving consumer Users (individuals acting for purposes unrelated to their business activity), the competent court shall be the court of the consumer's place of residence or domicile, pursuant to Art. 66-bis of Legislative Decree 206/2005 (Italian Consumer Code).
• For disputes involving business Users (companies, professionals, VAT holders), the exclusive jurisdiction shall be the Court of Rovigo.
• Consumer Users may also use the European Online Dispute Resolution (ODR) platform pursuant to EU Regulation 524/2013, available at: https://ec.europa.eu/consumers/odr.

18. Specific Acceptance of Clauses (Arts. 1341-1342 Italian Civil Code)

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the User declares to have read, understood, and specifically accepted the following clauses:

• Art. 4.4 — Right of withdrawal and limitation of refunds to unused credits
• Art. 9 — Service availability and limitations
• Art. 10 — Limitation of liability
• Art. 11 — Disclaimer of warranties
• Art. 12.2 — Suspension and termination by the Provider
• Art. 13 — Indemnification
• Art. 15 — Changes to these Terms
• Art. 17 — Governing law and jurisdiction for business Users

19. Contact Us

For any questions regarding these Terms of Service, you can reach us through:

• Email: info@skyclouds.co
• PEC: skyclouds@pec.it
• Support: Contact form
• Address: Corso del Popolo 161, 45100 Rovigo (RO), Italy