Terms of Service

These Terms of Service ("Terms") govern your use of TrenchOS, a hosted software service operated by VolkerVisions LLC, a limited liability company organized under the laws of the United States ("we", "us"). By creating an account or using the service you agree to these Terms.

The service is offered to businesses and professional users only. By subscribing you represent that you are purchasing for business, professional or commercial purposes and not as a consumer.

1. The service

TrenchOS is a subscription platform for AI-assisted ad and content production. Your organization gets an isolated workspace with brands, styles, storyboards and a media library. The service orchestrates third-party AI providers using API keys that you supply.

2. Accounts and seats

• Subscriptions are billed per seat every 4 weeks (13 billing cycles per year) through Stripe, and renew automatically until you cancel. The seat count you choose sets how many members your workspace can have.
• One account belongs to one person. Sharing a login between people is not permitted; each teammate needs their own seat. We record a non-identifying device hash per login to detect account sharing (see the Privacy Policy).
• You are responsible for keeping your credentials secure and for all activity under your account.

3. Your API keys and third-party providers

• Generation runs on API keys you bring (e.g. Anthropic, kie.ai, fal.ai, Google Gemini). Usage on those keys is billed to you directly by the provider, at the provider's rates. We add no markup and have no control over provider pricing or availability.
• Your use of each provider is subject to that provider's own terms. You are responsible for complying with them.
• Keys are stored encrypted and are used only to run the generations your workspace requests.

4. Your content

• You retain all rights to the material you upload and, to the extent we hold any, we assign to you our rights in the outputs generated for your workspace. Ownership of AI-generated output may also depend on the terms of the AI provider used and applicable law.
• You grant us the limited license needed to host, process and display your content inside your workspace - nothing more.
• You are responsible for the content you upload and generate: it must not infringe third-party rights or violate applicable law, and advertising you produce must comply with the advertising rules that apply to you.
• People and likenesses. If you upload, generate or swap a human face, voice or likeness, you warrant that you hold every right and consent needed for that use, including the person's written permission where the law requires it. You may not use the service to depict minors, or to depict identifiable public figures, celebrities or third parties who have not consented.

5. AI-generated content and your disclosure duties

• Outputs are produced by third-party AI models and are synthetic. They can be inaccurate, and photorealistic outputs may qualify as "deepfakes" under applicable law.
• You publish the output, so the disclosure duties attach to you. Where the law requires it - for example Article 50 of the EU AI Act for content that reaches people in the EU - you must disclose that the content is artificially generated or manipulated, and label it in the manner that law prescribes.
• Do not remove, alter or obscure provenance metadata (such as C2PA marks) that a model provider or the service attaches to an output.
• We provide the tooling, not the legal assessment of your campaign. Whether a specific piece of content needs a label, and in which form, is your call and your responsibility.

6. Acceptable use

You may not: resell or sublicense access; attempt to access another organization's data; probe, disable or overload the service; use the service to create unlawful, deceptive or infringing material; or reverse engineer the service except where law permits.

7. Copyright complaints

We respond to notices of claimed copyright infringement concerning material stored in a customer workspace, and we terminate the accounts of repeat infringers. If you believe material on the service infringes your copyright, send a notice under 17 U.S.C. §512(c)(3) to our designated agent at support@trenchos.ai (VolkerVisions LLC, Wyoming, USA). Your notice must identify the copyrighted work, identify the material and its location precisely enough for us to find it, give your contact details, and include the statements of good faith and accuracy that the statute requires. The affected customer may submit a counter-notice under §512(g).

8. Billing, cancellation and refunds

Billing terms, the self-serve cancellation path and our refund policy are described in the Refunds & Cancellation Policy, which is part of these Terms. If a payment fails we retry for about 7 days before the subscription is suspended; your data is kept while suspended.

Prices are exclusive of VAT and other taxes. If you are a business in the EU or UK, enter your VAT number at checkout; VAT is then not charged and you account for it yourself under the reverse-charge mechanism.

Access through an EcomTalent membership. If your workspace is provided free of charge through an active EcomTalent membership on Whop, that membership is the sole basis of your access: access begins with it, is contingent on it remaining active, and ends when it ends. When the membership ends your workspace is paused and its contents are retained for 90 days; if the membership is not reactivated within that period, the workspace and its contents are permanently deleted. These workspaces have no billing relationship with us, are limited to one seat, and use your own API keys for all generation.

9. Availability and changes

We aim for high availability but the service is provided without uptime guarantees. We may improve or change features over time. If we discontinue the service we will give reasonable notice.

10. Disclaimer of warranties

The service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. AI output can be inaccurate or unsuitable; review it before you rely on it.

11. Your responsibility for what you create, and indemnification

• You choose what to prompt, what to upload, what to generate and where to publish it. As between you and us, you are solely responsible for all of it, and for every use you or your teammates make of an output.
• We are a tool provider. We do not review, approve, curate or monitor your workspace content before you use it, and we make no representation that any output is cleared for any purpose. We are not the author or publisher of your output.
• You will defend, indemnify and hold harmless VolkerVisions LLC and the people working for it against any third-party claim, demand, proceeding, regulatory action, damages, fine or cost (including reasonable legal fees) arising out of your content, your outputs or your use of the service. This expressly includes claims of copyright or trademark infringement, violation of a person's likeness, publicity, privacy or data protection rights, defamation, deceptive or unlawful advertising, and any failure to label AI-generated content where the law requires a label.
• We will tell you about such a claim without undue delay, let you run the defense with counsel we reasonably approve, and cooperate at your expense. You may not settle a claim in a way that admits fault on our side, imposes an obligation on us, or affects our rights, without our written consent.
• This section survives the end of your subscription.

12. Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or lost profits, revenue or data. Our total liability for all claims in any 12-month period is limited to the amounts you paid us for the service in that period. Nothing in these Terms excludes liability that cannot be excluded by law.

13. Termination

You can cancel anytime (see the Refunds & Cancellation Policy). We may suspend or terminate accounts that materially breach these Terms; where practical we will warn you first.

14. Governing law

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-law rules. If you use the service as a consumer in the EU or another jurisdiction with mandatory consumer protections, those protections remain unaffected.

15. Changes to these Terms

We may update these Terms; material changes will be announced in the app or by email at least 14 days before they take effect. Continued use after the effective date means you accept the updated Terms.

16. Contact

VolkerVisions LLC · support@trenchos.ai