BlueCurtain.ai Terms of Service and Client Agreement
Version 2.0 | Effective October 30, 2026
Blue Curtain Inc. (“BlueCurtain”, “we”, “us”), operating as BlueCurtain.ai, Suite 2274, 246 Stewart Green SW, Calgary, AB T3H 3C8
Support, legal notices and privacy requests: support@bluecurtain.ai
Key Points at a Glance
This summary is for convenience. The full Terms govern.
- We make videos using AI. Presenters, voices, scenes and scripts may be synthetic and can contain errors or visual and audio glitches. Review everything before you approve or publish.
- You are responsible for what you upload and publish. Only upload faces, voices, logos, products and documents you have the right to use.
- Faces and voices: use only your own, or someone’s with a signed release. Never upload anyone under 18, a public figure, or anyone who has not agreed. We do not promise an exact match.
- Scripts are drafts. You must check every fact, claim and credential before approving, and you are responsible for advertising rules and AI-disclosure labels.
- Nothing is final until you click “Approve & Send to Production.” Silence is not approval.
- If a delivered video is materially defective, Section 13 provides the applicable correction or refund remedy.
- We do not guarantee views, leads or sales.
- Your face and voice files are sensitive. We use them only for your order.
1. Agreement and Acceptance
1.1. These Terms are the agreement between you (“Client”) and BlueCurtain for our services. By ticking the acceptance box, completing a purchase, uploading materials or approving content, you agree to them. If you act for a business, you confirm you can bind it.
1.2. The agreement consists of these Terms, your order confirmation, the Privacy Policy, the Refund and Cancellation Policy, and the consents you give at upload (Schedule A). The order confirmation prevails on package details; Schedule A prevails on face and voice consents.
1.3. We record the Terms version and the time of your acceptance for each order.
1.4. Nothing in this agreement removes rights or remedies that cannot lawfully be waived.
2. Definitions
Client Materials: anything you upload, type or provide, including faces, voice recordings, logos, product images, documents, scripts and instructions.
Deliverables: the final videos delivered to you under a paid order.
BlueCurtain Assets: our stock presenters, stock voices, scene templates, backgrounds, music, software, models and production methods.
Synthetic Media: images, video, audio or text generated or altered by AI, including digital presenters and synthetic voices.
Likeness: a person’s face, appearance or voice, or any digital replica of them.
Job: the project created in our system when your payment completes.
3. Services and Orders
3.1. We provide AI-assisted video production, including presenter images, synthetic presenters, voice generation, scenes, scripts and editing, through our Essential, Branded and Signature video packages and other products described at purchase.
3.2. Each order covers one package, one approximate video length and one quantity, as shown at checkout. Different lengths require separate orders. Lengths are approximate and vary with the script and delivery.
3.3. All packages deliver finished, ready-to-post videos. Essential videos are natural presenter videos without added business branding or promotional graphics. Branded videos add business branding, promotional overlays, product or service information and a call to action. Signature videos add intentionally developed action, environmental movement or visual storytelling. Each package includes only the features listed in its package description and the order confirmation.
3.4. How it works: (a) payment creates your Job; (b) you choose presenters, voice, scene and script direction; (c) you review and submit; (d) we prepare image and script candidates and email you; (e) you choose and approve; (f) we produce and deliver. Later setup choices do not change what you purchased. Requests beyond the package may need a new order or price.
3.5. Unless the order confirmation expressly states a binding deadline, turnaround estimates are non-binding good-faith estimates measured from receipt of all required materials and final approvals. We will inform the Client of material delays and reasonably work toward delivery. This does not affect statutory rights concerning non-delivery.
3.6. We use AI models, automated systems, third-party providers and human personnel. We are a production service. We are not your lawyer, compliance department or fact-checker, and we do not give legal, medical, financial or other regulated professional advice.
4. Eligibility and Authority
4.1. You confirm that you are at least 18 (or the age of majority), have authority to act for any business you represent, give accurate contact and billing information, will not impersonate anyone, and will follow applicable laws.
4.2. We may ask you to verify your identity, authority or rights. We may decline, pause or cancel an order if we reasonably suspect fraud, impersonation, infringement or unlawful use. Unless this results from your breach, we will refund services not yet performed.
4.3. Adult-only service. BlueCurtain services are intended exclusively for persons who are at least 18 years old and have reached the age of majority in their jurisdiction. You must be legally capable of entering a binding agreement.
5. AI Technology and Its Limits
5.1. You understand that our services use AI and Synthetic Media, which may create or alter faces, voices, expressions, movement, backgrounds, scripts and dialogue.
5.2. AI is probabilistic. Outputs may contain inaccuracies, odd visual details, imperfect lip-sync, unnatural movement, mispronunciations or other artifacts. We use reasonable quality controls but cannot promise perfection or suitability for every purpose. Section 13 gives you a remedy for material defects.
5.3. BlueCurtain presenters are synthetic characters. They are not real employees, customers, professionals or experts, and may coincidentally resemble real people. Outputs may resemble other content by coincidence, and we do not warrant uniqueness.
5.4. We may add AI disclosures, watermarks or metadata (such as content credentials) to Deliverables. You must not remove any we mark as required.
6. Client Materials
6.1. You keep ownership of Client Materials. You grant us and our service providers a non-exclusive, worldwide, royalty-free licence to host, copy, process, adapt and use them only to deliver your order, meet legal obligations and as described in the Privacy Policy, for as long as reasonably needed.
6.2. You warrant that you own or have all rights, consents and licences needed for Client Materials and our permitted use, and that this use will not infringe copyright, trademark, privacy, publicity, confidentiality or other third-party rights. Upload only logos, products and brands that are yours or that you are authorised to use, and make sure product claims are accurate.
6.3. We may refuse, remove or suspend materials that appear unlawful or unauthorised and may ask for proof of rights, though we are not required to investigate every upload.
6.4. We do not use Client Materials, uploaded faces or voices to train general-purpose AI models and will contractually prohibit our processors from using them for their own general-purpose model training, except where the Client separately opts in.
7. Faces and Likenesses
7.1. Own face only. In the standard workflow you may upload only your own face. If you need another person’s face (for example, a team member), you must first obtain their signed written release covering AI replication and tell us before upload.
7.2. Never upload or request the likeness of: anyone under 18; a celebrity or public figure; a customer, competitor or other person without valid permission; or anyone whose consent you cannot prove.
7.3. When you upload a face, you authorise us to process it to create your digital presenter, including face transformation, expression generation, lip-sync and synthetic video. You also give the separate consent in Schedule A at upload.
7.4. Your digital likeness will not be added to our presenter library or offered to other customers. We acquire no ownership of anyone’s identity or likeness.
7.5. The result may not be an exact reproduction. Approve it only if you are satisfied with the look.
7.6. You are responsible for keeping your final use of any likeness within the permissions you obtained, including honouring any later withdrawal of consent by that person.
7.7. You must not use a likeness to create misleading endorsements, impersonations or fabricated statements.
8. Voices
8.1. You may choose a BlueCurtain stock voice, or upload a recording of your own voice (about 45 seconds) to create a custom digital voice for the Primary Presenter. Supporting Presenters always use stock BlueCurtain voices.
8.2. You confirm the recording is your own voice and give the consent in Schedule A. Do not submit anyone else’s voice.
8.3. We do not guarantee an exact voice match. Tone, accent, pacing, emotion and pronunciation will vary, and recording quality affects results.
8.4. Our technology providers may impose technical restrictions or usage conditions on synthetic voices.
8.5. You must not use a synthetic voice for fraud, impersonation, fake endorsements, deception or harassment.
9. BlueCurtain Assets
9.1. We license you BlueCurtain Assets on a non-exclusive basis, only as incorporated in Deliverables you have paid for.
9.2. You acquire no ownership of our presenters, voices, templates, models or software, and you may not extract, reverse engineer, resell, sublicense or use them to train AI.
9.3. We may license the same or similar presenters, voices, scenes and styles to other customers, including businesses like yours. Exclusivity is not available unless agreed in writing.
9.4. We will use stock presenters and voices only where BlueCurtain has obtained rights sufficient for the licensed uses expressly included in the applicable order. Additional restrictions imposed by licensors will be disclosed where material.
10. Scenes, Scripts and Accuracy
10.1. Scenes. You choose a business type, base scene and requested changes. We may decline changes that show a presenter as a licensed professional, or that are misleading, unlawful or unsafe. We make reasonable efforts with logo and product placement but cannot guarantee exact placement.
10.2. Scripts. Scripts are written with AI tools using your materials, BlueCurtain’s AI-assisted research on topics for your business, and public information. They may contain factual errors, outdated information, unsupported or misleading statements, or inaccurate legal or technical terms. We do not guarantee accuracy, completeness, originality or regulatory suitability.
10.3. You must read and verify every statement, statistic, claim, price, guarantee, credential and professional representation before approving. Where content touches regulated or specialised matters (legal, medical, financial, safety or code-related trade advice), you must obtain independent professional review.
10.4. Approving a script confirms you reviewed it and accept it for your intended use. We will produce it with reasonable care and in line with the approved specifications.
11. Advertising and Compliance
11.1. You are responsible for ensuring your content and its publication comply with applicable law and rules, including truthful and substantiated advertising, consumer protection, competition, privacy, intellectual property and personality rights, professional licensing and credentials, testimonials and endorsements, industry rules (financial, insurance, legal, health, safety), disclosure of paid relationships, platform policies, and AI-content labelling.
11.2. Synthetic conversations and endorsements. BlueCurtain presenters are synthetic. Fictional dramatizations and illustrative two-person conversations may be used only when they do not misleadingly suggest an actual customer interaction, authentic testimonial, independent review, verified professional credential or real endorsement. The Client must not present fictional dialogue as an actual event. BlueCurtain may require an on-video or accompanying disclosure, revise or reject a scene or script, or decline production when necessary to reduce deception risk. Client approval does not authorize unlawful or misleading advertising, and BlueCurtain retains duties imposed directly on it by law.
11.3. The Client is responsible for required AI-content, dramatization, advertising and sponsorship disclosures when publishing. BlueCurtain may include disclosures or metadata it reasonably determines are required and the Client must not remove required labels. Both parties remain responsible for duties imposed on them directly by applicable law.
11.4. We may decline or stop content we reasonably believe could break the law or harm people. Our involvement in producing content does not relieve us of duties the law places directly on us.
12. Review, Revisions and Approval
12.1. We provide candidates for your review (presenter looks, scene previews, script candidates). Examine them carefully.
12.2. Choose one presenter look and exactly the number of scripts included in your package. Scripts you do not select are not produced and create no further entitlement.
12.3. You may make one (1) revision request per presenter look at no charge, through the revision request control before approval. Further changes shall cost extra.
12.4. When you select “Approve & Send to Production” (or an equivalent control), you authorise us to produce using your selections and you accept the presenter look, scene and script wording as shown.
12.5. Changes after approval may involve extra charges and delay if disclosed in advance.
12.6. Approval does not waive claims for fraud, unauthorised use, material deviation from approved specifications, defects under Section 13, or rights that cannot lawfully be waived.
12.7. Silence is not approval. If you do not respond to our review notice, you agree we have the right to send you reminders. If there is still no response 30 days after our first notice, we may close the Job, delete your uploaded face and voice files, and deal with any refund or credit under the Refund and Cancellation Policy.
13. Quality Remedy
13.1. A “materially defective video” is a Deliverable that (a) materially departs from the approved scene, presenter look or script, (b) has a substantial visible or audible technical defect beyond normal disclosed AI variation, including broken lip-sync, materially distorted faces or hands, or missing or garbled words, or (c) materially fails the agreed delivery format or approximate length range. Notify support@bluecurtain.ai within 7 days after delivery, identifying the video and relevant timestamp where practicable. This notice period does not limit non-waivable statutory remedies or claims for defects not reasonably discoverable within that period.
13.2. After receiving a sufficiently detailed defect report, we will use reasonable efforts to correct or re-render the affected video within 15 business days, subject to necessary Client cooperation. If we cannot correct the material defect within a reasonable time, we will refund the price allocated to the affected video. Nothing in this section restricts any non-waivable remedy.
13.3. This does not cover changes of mind after approval, issues in wording you approved, or limits we disclosed (for example, a custom voice that is not an exact match), unless the result is materially worse than described.
13.4. This remedy is in addition to rights that cannot be excluded by law.
14. Delivery and Storage
14.1. We deliver by download link or other electronic means.
14.2. Completed Deliverables will ordinarily remain accessible through the Client’s delivery link while the applicable storage service remains active, until the Client requests deletion in writing or an exception under Section 19.2 applies. This storage does not create an obligation to host, preserve, back up, or recover videos indefinitely. BlueCurtain may change or discontinue storage services, with reasonable advance notice and an opportunity to download files where practicable. Clients are responsible for downloading and independently backing up their Deliverables. Sensitive source files and derived biometric models are governed separately by Section 19.2(b).
14.3. You are responsible for confirming the format suits your intended platform, subject to any compatibility we expressly promised. Platforms may reject, restrict or remove content independently. We are not responsible for those decisions unless caused by our breach.
15. Music, Stock Media and Third-Party Assets
15.1. Videos may include music, stock footage, graphics and fonts only to the extent licensed for the specific uses identified at checkout or in the order. Paid advertising, broadcast, resale and platform-specific use are included only where the relevant licence expressly permits them. We will disclose known material restrictions before delivery.
15.2. You may not extract or reuse these assets separately. Third-party assets remain subject to their licence conditions.
15.3. Platform copyright systems may occasionally flag licensed tracks. Tell us and we will reasonably assist, including replacing the track if needed.
16. Fees, Taxes, Cancellations and Refunds
16.1. Prices are in United States Dollars (USD). Checkout shows the total, including applicable taxes. You agree to pay the amount you accept at checkout.
16.2. Payment is collected before setup. Payment creates your Job and authorises preparation to begin.
16.3. General non-refundable policy. Except as expressly provided in Sections 13 and 16.3(a), or as required by applicable law, purchases are generally final and non-refundable after payment and commencement of preparation. BlueCurtain may grant discretionary refunds. A change of mind, dissatisfaction with approved wording or subjective aesthetic preferences alone do not qualify. We will disclose material refund restrictions and legally required cancellation information before checkout; any mandatory consumer cancellation rights prevail.
16.3(a). Technical defects and non-delivery. For a materially defective video, the correction-first remedy in Section 13 applies. If BlueCurtain does not deliver an ordered video due to circumstances within our reasonable control and cannot deliver within a reasonable additional period after written notice, the Client may request a refund of the price allocated to the undelivered video. Delays caused by missing Client materials, approvals, permissions or responses are not BlueCurtain non-delivery; we will notify the Client of what is needed and reasonably resume when provided. Nothing restricts cancellation or refunds required by law.
16.3(b). Refund request windows. For direct website payments, email support@bluecurtain.ai within 120 days of a credit/debit-card transaction to request review. These administrative windows do not extend the 7-day notification deadline for materially defective videos under Section 13 and do not restrict mandatory legal rights or payment disputes.
16.3(c). Subscriptions and credits. BlueCurtain orders are prepaid individual production Jobs as described in Section 3; no automatic subscription or trial renewal is created by these Terms. No virtual-credit or token purchasing program is established by these Terms.
16.4. The non-refundable policy, Section 13 quality remedy, and any legally required cancellation disclosures must be shown clearly at checkout before payment.
16.5. Please contact us promptly about billing concerns. Nothing here limits your right to dispute a payment with your card issuer. We may pause work on an unresolved payment failure.
16.6. Billing and refund support. For BlueCurtain purchases made directly through our website, email support@bluecurtain.ai with the email address used to place your order, order identifier, transaction date, payment method and a brief explanation of your request. We will review the request under the Refund and Cancellation Policy and applicable law. This contact procedure does not replace any statutory rights or payment-provider dispute procedures.
16.7. Third-party marketplace purchases (only if offered). If a purchase is billed through the Apple App Store or Google Play, cancellation and refund processing may be controlled by that marketplace under its applicable rules. Contact the marketplace directly for marketplace-billed refunds, without limiting any rights you may have against BlueCurtain under applicable law.
17. No Guarantee of Results
17.1. Payment buys the services and Deliverables described, not any business outcome. We do not guarantee views, followers, leads, appointments, sales, revenue, search visibility, ad approval or return on investment.
17.2. Results depend on factors outside our control. Samples and testimonials are not guarantees. You are responsible for your decisions about publishing, ad spend and marketing.
18. Ownership and License to Deliverables
18.1. As between you and BlueCurtain, you retain all right, title and interest, if any, in the Deliverables produced for your paid order, subject to BlueCurtain’s and its licensors’ rights in BlueCurtain Assets, third-party content, software, models, stock voices, presenters, templates and other underlying materials. BlueCurtain does not transfer ownership of those underlying assets. Ownership or copyright protection of AI-generated elements may be limited by applicable law; this provision does not promise that such elements qualify for copyright protection or are exclusive to you.
18.2. Subject to full payment, compliance with these Terms and any applicable third-party licence restrictions disclosed to you, you may download, use, reproduce, publish, display, distribute, adapt, edit, crop and caption the Deliverables for lawful personal, non-commercial, business, professional, and marketing purposes. Commercial advertising or other monetized use remains subject to applicable third-party licensing restrictions and advertising laws. BlueCurtain grants you a perpetual, worldwide, non-exclusive licence to the BlueCurtain Assets solely as incorporated in those Deliverables, to the extent needed for these permitted uses. You may not extract or separately exploit underlying BlueCurtain Assets. Preserve any AI disclosures or metadata we identify as mandatory.
18.3. You keep ownership of Client Materials to the extent of your lawful rights. We keep our pre-existing intellectual property, tools and processes.
18.4. Copyright protection for AI-generated elements varies by country. We do not warrant that any element is protectable or that exclusive rights can be obtained.
18.5. We will not publicly display your Client Materials or videos in our portfolio or marketing unless you separately opt in.
18.6. Client feedback. If you voluntarily provide suggestions, comments or ideas about improving BlueCurtain, you grant us a perpetual, worldwide, non-exclusive, royalty-free right to use and implement that feedback to improve our services, without compensation. This does not transfer ownership of your confidential information, Client Materials, face or voice, and does not authorize public use of your name, logo or Deliverables.
19. Privacy, Biometric Information and Retention
19.1. Our Privacy Policy explains how we handle personal information. Faces, voices and data derived from them (such as voice models) are sensitive and may be biometric information. We process them only with your express consent (Schedule A) and only to deliver your order.
19.2. Retention of Completed Videos and Source Materials. (a) Completed Videos: BlueCurtain ordinarily retains completed videos and other final Deliverables, available through the Client’s delivery link, until the Client sends written deletion instructions to support@bluecurtain.ai, while the applicable storage service remains active. We do not impose an automatic 30-day or 90-day deletion deadline on completed videos. This arrangement is not a promise of permanent or uninterrupted storage. BlueCurtain may remove, restrict, or delete videos without a Client instruction when required by law, where continued retention is no longer lawful or reasonably necessary, to address security, infringement, or abuse, or if storage services are discontinued. Where reasonably practicable, we will provide advance notice and an opportunity to download the videos. (b) Sensitive Source Materials: Unless the Client separately and expressly requests continued storage for future orders, uploaded face images, voice recordings, and derived custom face or voice models will be deleted within 30 days after final delivery or Job closure, subject to lawful retention requirements and disclosed processor backup cycles. BlueCurtain will instruct relevant processors to comply with applicable deletion requirements and verify their capabilities. (c) Records and Backups: Transaction, consent, compliance, and dispute records may be retained as lawfully necessary. Deleted files may remain temporarily in routine backups under disclosed retention schedules and will not ordinarily be restored to active use. The Privacy Policy describes retention criteria and exceptions. Clients may exercise applicable deletion and privacy rights under Section 19.3.
19.3. You may withdraw biometric processing consent or request deletion of personal information or completed videos by written request to support@bluecurtain.ai. We will verify authority where appropriate, stop future processing dependent on withdrawn consent, and respond without undue delay. We aim to complete eligible deletion requests within 30 days where practicable and legally permitted, and will explain any justified exception or additional time. We will instruct relevant processors accordingly. Withdrawal may prevent completion of an active order; statutory rights remain unaffected. Deletion from BlueCurtain’s systems does not erase videos previously downloaded or lawfully shared by the Client or third parties.
19.4. We use third-party providers (hosting, AI voice and video, payment processing) that may process information in Canada, the United States or elsewhere. The Privacy Policy lists the categories of providers and locations.
19.5. We use reasonable safeguards suited to the sensitivity of the data and will notify you of breaches as the law requires. No internet system is perfectly secure. Authorised staff may review materials for production, safety and compliance.
19.6. Privacy contact: Director of Operations at support@bluecurtain.ai
20. Confidentiality
20.1. We treat non-public business information, documents and scripts you provide as confidential, use them only for your order, protect them with reasonable safeguards, and share them only with personnel and providers who need them and are bound by confidentiality or data-protection obligations. This does not apply to information that is public, independently developed, or required by law to be disclosed.
21. Acceptable Use
21.1. Order information and conduct. BlueCurtain may immediately block, suspend or cancel an order or services without a refund if the Client violates these Terms, provides false or misleading information, or engages in abusive, threatening or harassing behaviour toward BlueCurtain personnel, to the maximum extent permitted by law. This does not remove statutory refund rights or remedies that cannot lawfully be waived.
You must not use our services or Deliverables to:
(a) commit fraud or facilitate scams; (b) impersonate anyone, or create misleading endorsements, testimonials, credentials or qualifications; (c) create deceptive political or election content; (d) make false or misleading health, financial or legal claims; (e) defame, harass, threaten or unlawfully discriminate; (f) infringe intellectual property, privacy or publicity rights; (g) create sexual, exploitative or graphic violent content; (h) depict anyone under 18; (i) replicate any person without valid consent; (j) facilitate identity theft or unauthorised financial transactions; (k) violate advertising, professional or platform rules; (l) distribute malicious or unlawful content; (m) try to bypass our safeguards; or (n) engage in any other unlawful or materially harmful activity.
We may refuse, immediately suspend or terminate services for the violations above, without refund to the extent permitted by law. Report misuse to support@bluecurtain.ai.
21.2. Link security. The setup and approval links we email you give access to your order. You must keep them confidential, use reasonable security measures, promptly report suspected compromise or unauthorized access to support@bluecurtain.ai, and keep your contact information accurate and current. You are responsible for activities conducted through your links to the extent caused by your acts, omissions or failure to take reasonable precautions, except to the extent caused by BlueCurtain’s breach, security failure or other legally attributable conduct.
21.3. Technical abuse. You must not: (a) use bots, crawlers, scrapers or unauthorized automation to access, harvest or copy platform data; (b) initiate denial-of-service attacks or excessive requests that disrupt or overload systems; (c) attempt unauthorized access, password mining, credential stuffing or circumvention of authentication, rate limits, access controls or other safeguards; (d) upload malware or inject malicious code; (e) use multiple or false identities to evade restrictions or misrepresent identity; (f) reverse engineer or copy our platform, models or proprietary software except where applicable law expressly permits; or (g) use our systems or proprietary content to develop or support a competing service through unauthorized copying, extraction or exploitation. Ordinary lawful use of purchased Deliverables is not prohibited.
21.4. Monitoring and moderation. We may, but are not generally obligated to, review or pre-screen Client Materials, requests, generated content and Deliverables. Where reasonably necessary for legal, safety, intellectual-property, privacy, security or contractual reasons, we may reject, request changes to, restrict access to, suspend, remove or decline to produce content. Our ability to moderate does not guarantee detection or removal of every unlawful or objectionable item and does not exclude duties imposed directly on us by law or express commitments in these Terms.
22. Third-Party Providers
22.1. We may use third-party AI platforms, voice providers, hosting, payment processors and storage. They have their own terms, limits and availability.
22.2. We may substitute providers where reasonably necessary if the substitution does not materially reduce the services or breach privacy obligations. We remain responsible for obligations the law or these Terms impose on us, including our selection and use of providers.
22.3. External resources. Our services may link to or interoperate with independently operated websites, AI providers, hosting services, payment processors and distribution platforms. We do not control their content, availability, policies or independent acts. You should review their terms and privacy practices before using them. Subject to non-waivable rights and our express obligations, we are not responsible for independent third-party content, outages, platform decisions, unauthorized access or losses outside our reasonable control.
22.4. Security and service availability. No internet-based system can be guaranteed uninterrupted, error-free or immune to hacking, tampering, malware, data loss or unauthorized access. To the maximum extent permitted by law, we disclaim liability for third-party incidents not caused by our breach, negligence or failure to meet applicable legal obligations. This clause does not reduce our commitments under Sections 13, 19 or 22.2 or our responsibility for selecting and using service providers.
23. Disclaimers
Except for express commitments in these Terms or your order, and to the maximum extent permitted by law, our services and Deliverables are provided “as is” without implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability or error-free operation. We do not warrant that AI-generated content will be perfect, unique, factually accurate, free of artifacts or suitable for every purpose. Nothing here excludes statutory guarantees or rights that cannot lawfully be excluded.
24. Limitation of Liability
24.1. To the maximum extent permitted by law, BlueCurtain is not liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, revenue, business opportunities or goodwill.
24.2. BlueCurtain’s total liability for any order, in contract, tort (including negligence) or otherwise, will not exceed the fees you paid for that order notwithstanding any statutory law to the contrary.
24.3. Nothing limits liability for fraud, intentional misconduct, gross negligence or any liability that cannot lawfully be limited. These limits apply only to the extent enforceable. Our fees reflect this allocation of risk, subject to mandatory legal protections.
25. Indemnification
25.1. To the extent permitted by law, you will defend, indemnify and hold harmless BlueCurtain and its affiliates, officers, directors, employees, contractors and agents from third-party claims, losses, damages, liabilities and reasonable legal expenses arising out of: (a) your Client Materials, submitted information or content, including inaccurate or misleading claims; (b) your use, publication or distribution of Deliverables or other resulting materials in violation of law, these Terms or third-party rights; (c) your failure to obtain necessary rights, permissions or face/voice consents; (d) your material breach of these Terms or applicable law; (e) your fraud, wilful misconduct or misuse of the services; or (f) unauthorized activity using your setup or approval links to the extent attributable to your breach of your link-security obligations. This indemnity applies only to third-party claims and is subject to Sections 25.2 and 25.3.
25.2. Your indemnity does not apply to the extent a claim arises from BlueCurtain’s breach, negligence, unlawful conduct, defective underlying BlueCurtain Assets, or acts or omissions for which BlueCurtain is legally responsible. Nothing requires you to indemnify BlueCurtain for its own misconduct or prevents the exercise of non-waivable rights.
25.3. We will give prompt notice and reasonable cooperation. You may not settle a claim in a way that imposes an admission or ongoing obligation on us without our written consent, not to be unreasonably withheld.
26. Complaints, Takedowns and Suspension
26.1. We may investigate credible complaints of infringement, impersonation, privacy violation or unlawful content, and may suspend access to disputed material while we do. You agree to provide reasonable documentation of your rights.
26.2. We may comply with valid legal demands and takedown obligations, and need not host or distribute material where doing so would break the law.
26.3. Copyright complaints. If you believe content available through BlueCurtain infringes your copyright, email support@bluecurtain.ai with: your name and contact information; identification of the copyrighted work; the URL, order reference or other information locating the allegedly infringing content; an explanation of your ownership or authority; and a good-faith statement that the use is unauthorized. We may request further information, remove or restrict content, and respond to notices and counter-notices as applicable law requires. Repeat or serious infringers may be suspended or terminated, subject to law. This process does not replace any mandatory statutory notice procedure.
27. Force Majeure
We are not responsible for delays or failures caused by events beyond our reasonable control, such as major outages, disasters, government action or widespread network failures. We will use commercially reasonable efforts to resume performance. If a material interruption continues for an extended period, either party may exercise termination or refund rights under the order terms and law.
28. Disputes and Governing Law
28.1. Before formal proceedings, send written notice describing the issue, order information and the remedy requested, and we will try in good faith to resolve it within 30 days.
28.2. Nothing prevents you from contacting a regulator, exercising non-waivable consumer rights or seeking urgent court relief.
28.3. Subject to mandatory consumer protection laws, this agreement is governed by the laws of the Province of Alberta and the federal laws of Canada, and the parties submit to the courts of Alberta, sitting in Calgary, AB.
28.4. Mediation, arbitration or class-action terms apply only if separately adopted in an enforceable form and permitted by the law governing your relationship with us.
28.5. International Customers and Mandatory Local Laws
BlueCurtain.ai provides its Services to eligible individual consumers purchasing for personal or non-commercial purposes and to businesses and professionals purchasing for commercial purposes, in Canada, the United States, and other jurisdictions where such Services may lawfully be offered.
Except where prohibited by applicable law, these Terms and any disputes arising from them shall be governed by the laws of the Province of Alberta and the applicable federal laws of Canada, with disputes subject to the courts located in Calgary, Alberta.
Nothing in these Terms excludes, restricts, or modifies any consumer protection, privacy, data protection, refund, cancellation, or other statutory right that cannot lawfully be waived or limited under the laws applicable to a customer. In particular, customers purchasing primarily for personal, family or household purposes may have mandatory rights that differ from those applicable to business purchasers; any such rights remain unaffected.
Where mandatory laws of a customer’s jurisdiction conflict with these Terms, those mandatory laws shall prevail solely to the extent required by law. All remaining provisions of these Terms shall continue in effect.
Customers are responsible for ensuring that their personal or commercial use, publication, and distribution of videos complies with applicable laws, advertising requirements where relevant, intellectual property rights, third-party licences, and platform policies in the jurisdictions where the videos are used.
BlueCurtain reserves the right to restrict, suspend, or decline Services in any jurisdiction where providing them would violate applicable law or create legal or regulatory obligations that BlueCurtain is not prepared to undertake, subject to applicable customer rights.
29. Changes and Termination
29.1. We may revise these Terms. Material changes will be communicated as the law requires and will not retroactively alter an accepted order. The version in force when you place an order governs that order.
29.2. BlueCurtain may immediately suspend, block or terminate access without refund for violation of these Terms, false or misleading information, fraud, unauthorised use, unlawful conduct or abusive conduct toward staff, subject to rights that cannot lawfully be excluded. You may cancel an order subject to Section 16 and applicable law.
29.3. Sections on intellectual property, accrued payments, disclaimers, liability, indemnification, confidentiality, privacy, disputes and other provisions meant to survive will survive termination.
30. General
This agreement is the entire agreement for the services. If a provision is unenforceable, the remainder remains effective. Failure to enforce is not a waiver. Assignment requires consent except BlueCurtain may assign in a business sale or reorganization, subject to applicable law. Electronic acceptance, records and notices are valid to the extent permitted by law. No third party has rights under this agreement except as expressly stated. The English version governs subject to mandatory language requirements in applicable jurisdictions. Legal notices: support@bluecurtain.ai; Blue Curtain Inc., Suite 2274, 246 Stewart Green SW, Calgary, AB T3H 3C8, Canada.
30.1. Electronic communications. You consent to receive operational notices, order updates, billing information, security alerts and legal communications electronically at the contact information you provide or through our service. To the extent permitted by applicable law, electronic notices and records satisfy written-form requirements. We do not treat a message as received solely because it was sent where mandatory notice or receipt rules provide otherwise. Marketing messages remain subject to applicable consent and unsubscribe requirements.
30.2. Independent parties. BlueCurtain and the Client are independent contracting parties. These Terms do not establish a partnership, agency, employment, joint venture or franchise relationship; neither party may bind the other without authorization.
Schedule A: Likeness and Voice Consent
Face upload. I confirm the photo is of me (or of a person who has signed a written release that I can provide on request), and that the person is at least 18. I consent to BlueCurtain and its service providers processing the photo to create a synthetic digital presenter in that likeness, only to produce my order. I understand that: the result may not be an exact match; the photo and any model derived from it will be deleted within 30 days after delivery unless I ask BlueCurtain to keep them; the likeness will not be added to BlueCurtain’s library or used for other customers; and I can withdraw consent at any time by emailing support@bluecurtain.ai. See the Privacy Policy. ☐ I agree.
Voice upload. I confirm the recording is my own voice. I consent to BlueCurtain and its service providers analysing it to create a custom digital voice that sounds similar to mine, and to generating speech from scripts I approve, only to produce my order. I understand that: the voice may not match exactly; the recording and any voice model will be deleted within 30 days after delivery unless I ask BlueCurtain to keep them; and I can withdraw consent at any time by emailing support@bluecurtain.ai. See the Privacy Policy. ☐ I agree.