1. Acceptance of Terms
By accessing or using Opennan ("the Service"), operated by Silent Partner Technology Co., Ltd. ("we", "us", "our"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.
2. Description of Service
Opennan gives you access to AI models and tools for video, images, voice, music, 3D and other media through one API, an MCP server, browser playgrounds and the Opennan Studio editor. Some tools use technologies such as image generation, video generation, face swap, voice cloning, live transcription and translation, captions and lip synchronization. A tool may be temporarily unavailable; a request that a tool cannot run is not charged.
3. Account Registration
You must create an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must be at least 18 years old to use the Service.
4. Content Ownership
Your Content: You retain ownership of content you upload or stream to the Service (audio tracks, voice recordings, videos, images, artwork, reference materials). By uploading or streaming content, you grant us and the processing partners we use a limited license to process it for the purpose of providing the Service. You may only upload, stream, transcribe, caption or translate content that you own or have the rights to use in that way.
Generated Content: AI-generated outputs created through the Service are owned by you, subject to the following limitations:
- AI-generated content may not qualify for copyright protection under applicable law. The U.S. Copyright Office and courts have held that purely AI-generated works lack the human authorship required for copyright registration.
- You are solely responsible for how you use generated content. We do not guarantee that generated content does not infringe third-party rights.
5. Face Swap & Biometric Data
Our face swap feature processes facial geometry data, which may constitute biometric data under certain laws (e.g., Illinois BIPA, GDPR Article 9). By using face swap:
- Self-use: You confirm that any face images you upload of yourself are uploaded with your informed consent.
- Third parties: You represent and warrant that you have obtained explicit, informed, written consent from any person whose likeness you upload for face swap processing.
- You agree not to use face swap to create non-consensual intimate imagery, impersonation content, harassment material, or political misinformation.
6. Voice Cloning and Your Voice
You may clone only your own voice, or the voice of a person who has given you explicit consent and who records the consent statement themselves. By cloning a voice:
- Consent recording: you confirm that the person whose voice is in the sample read the consent sentence we showed, in their own voice. You must not get around our consent check, for example with another person's recordings, synthetic or edited audio, or a sample that mixes speakers.
- No impersonation: you will not use a cloned voice, or live translation in a cloned voice, to impersonate anyone, to mislead listeners about who is speaking, or for fraud, scams, harassment or misinformation. This includes the voices of public figures.
- Your account only: a cloned voice can be used only by the account that created it. You may delete it at any time, and deleting your account deletes the voices you cloned through our voice tools or the API.
We keep a consent record with each voice cloned through our voice tools. We also keep a consent proof (the consent sentence, the transcript of the consent recording, the results of our checks and fingerprints of the files, but no audio) while the voice exists and for three years after it is deleted, so we can respond to claims that a voice was cloned without consent. We may share these records with the authorities when the law requires it. If a voice is misused, we may delete it and suspend or terminate the account.
7. Captions, Transcription and Translation
Captions, transcripts and translations are produced automatically and may contain mistakes. Review them before you publish or rely on them, especially for legal, medical, safety or accessibility purposes. You may not use them to put words in someone's mouth, for example by publishing captions or translations that misrepresent what a real person said.
8. Prohibited Uses
You may not use the Service for any purpose described in our Acceptable Use Policy, including but not limited to:
- Non-consensual deepfake or synthetic media creation
- Impersonation, fraud, or identity theft, including with a cloned voice
- Harassment, bullying, or threatening behavior
- Creating NSFW, explicit, or sexually suggestive content
- Content that depicts, glorifies, incites, or threatens violence, terrorism, or extremism, or that promotes self-harm
- Hate speech or content that harasses, degrades, or incites hatred against any individual or group based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected characteristic
- Content that sexualizes, endangers, or otherwise depicts minors in any context
- Political manipulation or election interference
- Generating content that violates any applicable law
You are solely responsible for the content you create with the Service. We do not pre-screen content and are not liable for content generated by users. We reserve the right, but are under no obligation, to remove any content and to suspend or permanently terminate any account that violates this section, and to report unlawful content and activity to law enforcement.
9. Balance & Payments
The Service uses a prepaid balance in US dollars. You add funds through Stripe's checkout, and each paid request is charged to your balance at the price shown for that model or tool when you make it. For tools priced by length, such as live voice sessions and video to captions, we hold an amount when the work starts and charge for the time actually processed. If a request fails, its charge is refunded to your balance automatically. Funds you add are not refundable as cash except where required by law. We may change prices with 30 days notice; a price change never affects a request that has already been charged. Free tools and any promotional balance are offered at our discretion and may change or end.
10. Cloud Storage and Deleted Content
Each account can store 2 GB of uploaded media and 250 MB of project data for free, with daily upload limits. An upload over a limit is refused and nothing is charged.
We keep and delete stored content as described in section 7 of our Privacy Policy. In particular: a project deleted through the API stays in the trash for 7 days, where it can be restored, and is then deleted; the result files of an API or tool task that is not linked to a project are deleted 7 days after the task finished, unless one of your projects uses them; a temporary upload for a paid tool is deleted once the tasks that used it have finished, and within 24 hours; and a file in your media library is deleted once none of your projects has used it for 7 days. Download anything you want to keep before it is deleted. Deleted content cannot be recovered.
11. Indemnification
You agree to indemnify and hold harmless Opennan, its officers, directors, and employees from any claims, damages, or expenses arising from your use of the Service, your content, your generated outputs, or your violation of these Terms.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENNAN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.
13. Content Removal & Takedown
Any person depicted in content generated through our Service may request removal of that content. We comply with the TAKE IT DOWN Act and process removal requests within 48 hours. See our DMCA & Takedown Policy for details.
14. Termination
We may suspend or terminate your account at any time for violation of these Terms. Upon termination, your right to use the Service ceases immediately. We may delete your data 30 days after termination. If you delete your account yourself, we delete its projects, uploaded files and task results 30 days later, as described in our Privacy Policy; until then, we can restore the account if you ask us.
15. Dispute Resolution
Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to participate in class actions. This does not limit your right to seek injunctive relief in court.
16. Changes to Terms
We may update these Terms at any time. Material changes will be notified via email or in-app notification at least 30 days before taking effect. Continued use of the Service after changes constitutes acceptance.
17. Contact
For questions about these Terms, contact us at [email protected].