Who this is for: Organisations that switch on the Media Kreator add-on. These Terms supplement the Terms of Service, the B2B Annex, the Privacy Policy and the Data Processing Agreement (DPA), which otherwise apply unchanged. In matters concerning Media Kreator, these Terms prevail. They do not apply to Organisations that have not switched the add-on on. In case of discrepancies, the Polish version prevails.
Who accepts: the owner or an administrator of the Organisation, on its behalf, when switching the add-on on. We record the acceptance with the document version, the person and the date.
- Media Kreator is a paid add-on to the Plan: tools on the project canvas for generating and editing images, video clips, voice-over recordings, music, subtitles and 3D models, for video montage and for voice cloning ("My voice"). An AI assistant may also use Media Kreator — at the instruction of a person who has access to it.
- Media Kreator uses AI models from Google (Vertex AI) and models from other producers made available through the intermediary fal.ai (§8). We may add, change, withdraw and replace models and add-on features at any time — also without notice where this results from a provider's decision; this is not a change to these Terms. The current list of models is shown when choosing a model for a job.
- Terms used here: AI Output — content generated in Media Kreator at the User's instruction (image, video, audio recording, voice, 3D model, subtitles); Input material — text or a file the User attaches to a job (e.g. a reference image, a video, a recording, a voice sample); Model provider — Google or the producer of a model available through fal.ai. Other terms have the meaning given in the Terms of Service.
§2. Fee, Credits, switching on and off
- The add-on is available on every Plan, including Free. It is ordered by the owner or an administrator of the Organisation as a separate subscription with the Payment operator (Paddle); §6 of the Terms of Service applies accordingly.
- The fee is monthly and the same for the whole Organisation, regardless of how many people the administrator gives access to. Its amount is set out in the Pricing; it is a net price, and the applicable tax is charged by the Payment operator.
- The fee does not include Credits. Generation uses Credits from the Organisation's pool (Terms of Service §5(5)); the administrator may set aside part of the pool for media. We show the number of Credits before a job; as a rule they are charged after successful generation, and no Credits are charged for a job that ends with an error or is rejected by the Model provider's safeguards. An incorrect Credit charge may be raised as a complaint (Terms of Service §15).
- The Organisation may cancel the add-on at any time with effect at the end of the paid period; access remains until then. After the add-on ends, AI Outputs and Input materials remain in the Organisation under the Terms of Service — they can be viewed, downloaded and deleted — while creating new media, including with voices from the library, is suspended until the add-on is switched on again.
- We may stop offering the add-on with effect at the end of the current billing period, notifying the Organisation's administrators at least 14 days in advance.
- The right of withdrawal applies only in the cases and under the rules of §7 of the Terms of Service.
§3. Rules of use
- Media Kreator may not be used to:
- clone another person's voice without their explicit prior consent or use a cloned voice beyond the scope of that consent (§4);
- clone the voice of minors, or the voice of public figures without their documented consent;
- create or disseminate content that impersonates existing persons, institutions or events in a misleading way — in particular for fraud, disinformation, harassment or infringement of personal rights;
- use the likeness, voice or works of third parties in Input materials without the required consents or licences;
- create illegal content, including sexual content involving minors and realistic intimate images or recordings of identifiable persons without their consent;
- circumvent the safeguards and content filters used by us or by Model providers, or remove the markings of AI Outputs (§5).
- Only adults may use Media Kreator.
- The Organisation represents and warrants that it and the people it gives access to hold all consents, licences and legal bases required to use the Input materials (including the consent of people whose likeness or voice they use) and for the way they use AI Outputs. The Organisation is responsible for those people's compliance with these Terms as for its own acts.
- We have no obligation to review instructions, Input materials or AI Outputs. We may, however, apply automated safeguards (including Model providers' filters) and, in the event of a breach or a reasonable suspicion of one, reject the job, remove the AI Output or the voice from the library, or suspend or switch off access to Media Kreator, without refunding the fee for the current period or the Credits used for such jobs; §13 of the Terms of Service applies accordingly. We report child sexual abuse material to the competent authorities. Illegal content can be reported using the content report form.
§4. Voice cloning ("My voice")
- Only your own voice may be cloned. The person records their voice themselves, in HUBAL, reading the displayed text together with a random verification sentence; a voice cannot be cloned from an existing file or from another person. Before cloning, the person confirms that it is their own voice recorded by them and that they agree to it being cloned and used in HUBAL. We record the text of the statement (in the language in which it was shown), the verification sentence, the person and the time.
- The Organisation may use another person's voice only if that person clones their own voice and shares it within the Organisation. The Organisation, as the data controller, is solely responsible for that person's consent to the Organisation's use of their voice, its scope, its documentation and any withdrawal. Where an employer intends to use a voice, we recommend a separate agreement with the employee (e.g. a licence to use the voice); the employee's consent must be freely given — refusal must not have negative consequences for the employee.
- A cloned voice is private to its author until the author or an administrator shares it within the Organisation. The administrator sees the list of voices but cannot use someone else's private voice.
- A voice can be deleted by its author or by an administrator of the Organisation — in particular without delay after the recorded person withdraws consent. Deleting the author's account also deletes their private voices. After deletion HUBAL stops using the voice and deletes its identifier and preview recording; we keep the consent statement (text, person, time) as evidence in case of claims. Deleting a voice does not cover AI Outputs created earlier — the Organisation decides on their further use.
- A voice clone is created and stored at the provider (ElevenLabs, USA). We delete the recording used for the clone from HUBAL right after the clone is created. Deleting a voice in HUBAL — by its author, an administrator or when the author's account is deleted — also deletes it at the provider; if the provider is temporarily unavailable, we retry the deletion automatically. Voices cloned earlier with another model (MiniMax, through fal.ai) may be kept longer by that provider; at the Organisation's request we will ask for their deletion, without guaranteeing the result or the timing.
§5. Labelling of AI-generated content
- AI Outputs from Media Kreator are content generated by artificial intelligence. They may contain machine-readable markings added by Model providers or by us (e.g. signed content-provenance metadata, invisible watermarks).
- Duty of the publisher. The Organisation is a deployer of an AI system within the meaning of Regulation (EU) 2024/1689 (the AI Act). If the Organisation or a User publishes or shares outside the Platform an image, audio or video recording generated or manipulated in Media Kreator that resembles existing persons, objects, places, entities or events and could falsely appear to be authentic or truthful (a "deep fake"), they must visibly disclose that the content has been generated or manipulated by AI — e.g. with an "AI" label on the image or video and, in an audio recording, a statement at the beginning (Article 50(4) of the AI Act). Machine-readable markings do not replace this duty. For evidently artistic, satirical or fictional works, disclosure in a manner that does not hamper the display or enjoyment of the work is sufficient.
- Markings placed in AI Outputs by Model providers or by us (including metadata and watermarks) must not be removed, distorted or circumvented.
§6. Rights to AI Outputs
- We claim no rights to AI Outputs generated at the User's instruction — in the relationship with us they constitute Customer Content (Terms of Service §10). The licence to Customer Content granted to us (Terms of Service §10(2)) also covers Input materials and AI Outputs to the extent needed to provide the add-on, including passing them to Model providers.
- AI Outputs may not be protected by copyright, and similar or identical outputs may be generated at the instruction of other persons. The use of AI Outputs may also be subject to the terms of the Model providers. Before using an AI Output — especially commercially — the Organisation checks that it does not infringe the rights of third parties (e.g. trade marks, likeness, works).
§7. Liability
- Nature of the add-on. Media Kreator is provided as is. AI Outputs are created automatically, in the Model providers' models, on the basis of the User's instructions and Input materials. We do not warrant that AI Outputs will meet expectations or be true, unique, fit for a particular purpose, or free of defects and of infringements of third-party rights. The Organisation uses AI Outputs at its own risk and is responsible for how they are used, including their publication.
- Exclusions. To the fullest extent permitted by law, we are not liable for:
- the content of instructions and Input materials and the lack of consents, licences or legal bases for their use;
- the way AI Outputs are used, including failure to label a deep fake on publication (§5(2)) and infringement of third-party rights;
- the operation, interruptions, delays, changes, withdrawal or unavailability of the models and services of Model providers and of the intermediary fal.ai, including rejection of a job by their safeguards, queue waiting time and output quality;
- the loss of AI Outputs or Input materials that were not saved in the Platform (e.g. outputs deleted by the provider before they were collected);
- lost profits, indirect and consequential damage, loss of reputation, data or business opportunities.
- No SLA. The availability levels, response times and refunds of the B2B Annex (§7) do not apply to Media Kreator. The sole remedy for a failed job or incorrectly charged Credits is the return of those Credits.
- Cap. Our total liability in connection with the Media Kreator add-on, whatever its basis, is limited to the amount of add-on fees paid by the Organisation in the 3 months preceding the event giving rise to the damage.
- Indemnity. The Organisation shall indemnify us and cover damages and reasonable costs (including legal costs, compensation and penalties) if a third party or an authority brings a claim, demand or proceedings against us arising from Input materials, AI Outputs or their use by the Organisation or by the people it gives access to — in particular from cloning a voice or using a likeness without consent, infringement of copyright or personal rights, or failure to label a deep fake. We will notify the Organisation of such a claim and allow it to take part in the defence.
- The limitations and exclusions in this section do not apply to damage caused intentionally or where mandatory law does not permit the exclusion or limitation of liability — in particular towards Consumers and ETCs and towards data subjects. Paragraph 5 does not apply to Consumers and ETCs.
§8. Data, providers and locations
- Our role. With respect to instructions, Input materials, AI Outputs and voice samples and clones, we act as a processor on the Organisation's instructions (Data Processing Agreement, §10). The Organisation is the controller of this data and is responsible for the legal basis for its processing and for information duties towards data subjects.
- What we pass on. To generate media we pass the instruction (description) and the Input materials the User attaches to the job to the Model provider of the model selected for the job (and, through fal.ai, also to that intermediary). The selection of a model by the User (or by an AI assistant acting at the User's instruction) is a documented instruction of the Organisation within the meaning of the Data Processing Agreement.
- Providers and locations:
- How to limit data transfers. The administrator decides who has access to Media Kreator. If the Organisation does not want data to leave the EEA — or to go to countries without an adequacy decision of the European Commission — it should choose Google models processed in the EU and not add Input materials with personal data (e.g. the likeness or voice of people) to jobs unless necessary. Choosing another model is an instruction to pass the data to its provider.
- Model training. Google (Vertex AI) does not use the data to train models. The intermediary fal.ai undertakes not to train models on customer data — except de-identified data and models that fal.ai marks as not yet covered by its commitments for business customers (currently including the Hunyuan3D and Meshy 3D models; fal.ai's data processing agreement does not apply to them either). The terms of some model producers (including MiniMax, Black Forest Labs and ElevenLabs) allow submitted data to be used to develop and improve their models. An Organisation that does not accept this risk should choose Google models and not add Input materials with personal data to jobs.
- We store job instructions in the Platform encrypted with the Organisation's key (Privacy Policy, Section 8).
§9. Retention periods
§10. Data processing (DPA supplement)
- This section supplements the Data Processing Agreement (DPA) with respect to Media Kreator. By accepting these Terms, the Organisation as Controller gives its consent to the use of the sub-processors listed in §8(3) (and their further sub-processors) — solely within the scope of Media Kreator.
- We give the administrators of Organisations that have switched the add-on on notice of an intended change of Media Kreator sub-processors, as a rule 14 days in advance (by e-mail or a message in the Platform). During that time the Organisation may raise a reasoned objection — the only consequence of an objection is the option to switch the add-on off before the change takes effect. In urgent situations (e.g. a provider ceasing operations, security reasons) we may change a sub-processor immediately and notify without delay after the change. Making a new version of an existing provider's model available is not a change of sub-processor.
- Types of data in Media Kreator: instructions, Input materials (images, video, audio — which may contain the likeness and voice of individuals), AI Outputs, voice samples and clones together with the consent statement. Categories of data subjects: Users and people whose likeness or voice the Organisation includes in Input materials.
- §7 applies to liability in connection with data processing, to the extent permitted by law.
§11. Changes to the Add-on Terms
- We may change these Terms for the important reasons listed in §17 of the Terms of Service. We notify the administrators of Organisations that have switched the add-on on at least 14 days in advance. If the Organisation does not accept the change, it may cancel the add-on before the change takes effect; until then, the previous version applies. Continued use of the add-on after that date means acceptance of the change.
- Changes required by law or decisions of authorities, changes for security reasons and changes in the Organisation's favour (e.g. new models, lower Credit usage) may take effect immediately.
§12. Contact
Formal matters: legal@hubal-project.com · personal data: privacy@hubal-project.com · support: support@hubal-project.com. Service Provider details — Terms of Service.