Pond5 Video AI Terms of Service

Updated: 2026-02-24

1. Definitions.

"Agreement" means these Pond5 Video AI Terms of Service.
"Output" means any video, audio, metadata, or other creative material generated through the Services.
"Services" means Pond5’s generative artificial intelligence video and related tools, available to customers with an active Pond5 account and Video AI Credits.
"Video AI Credits" means the credits purchased or otherwise allocated by Pond5 that enable generation of Output through the Services.
"Your Data" means information, data, and other content, in any form or medium, that is submitted, posted, or communicated by or on behalf of you through the Services. Use of the Services may involve the input of text prompts, selection of metadata (including output parameters, such as aspect ratio, duration, resolution, etc.), and the upload of content, such as images, video, documents, or 3D models, all of which is deemed Your Data.

2. Access to the Services.

If you purchase or are otherwise granted Video AI Credits, Pond5 hereby grants you a non-exclusive, non-transferable, right to access and use the Services in furtherance of your own business activities, and not to the express benefit of any third party (provided use by you in furtherance of your services to third parties is permitted).

You hereby grant Pond5, its affiliates, their personnel, and subcontractors a non-exclusive, worldwide, limited license to access, use, copy, display, and transmit Your Data for the purpose of providing the Services as well as improving and optimizing the Services. Pond5 will not use Your Data for training a generative model. Except as expressly provided in this Agreement, Pond5 will not access, use, copy, display, transmit, or download Your Data for any other purpose without your prior written consent.
You represent that you either own or have all rights, licenses, consents, and releases that are necessary to grant Pond5 the right to use Your Data in connection with the Services. You are solely responsible for any of Your Data that you upload, store or share. You must not submit any of Your Data that: (a) infringes on third-party intellectual property rights, including all patents, trademarks, trade dress, copyrights, database rights, trade secrets, know-how, mask works, and any other similar protected rights in any country including all related applications and registrations (“Intellectual Property Rights”); (b) is intended to generate Output that is substantially similar to a third party’s copyrighted work or is otherwise protected by third-party Intellectual Property Rights, unless you possess sufficient rights in such work; (c) contains any information relating to an identified or identifiable natural person (“Personal Data”) unless you comply with all data protection and privacy laws and regulations applicable to the Personal Data, including providing privacy notices and obtaining consent, where required; (d) violates applicable law; or (e) violates the terms of this Agreement. Pond5 may automatically block or restrict Your Data, in our sole discretion, if we believe it violates the rights of a third party, applicable law, or this Agreement.
You acknowledge and agree that Pond5 does not manage or control Your Data. Pond5 accepts no responsibility or liability for Your Data including, without limitation, privacy rights, proprietary rights, or legal and regulatory compliance and regardless of whether such Your Data was transmitted to or by you in breach of this Agreement.

3. Output

Pond5 does not claim ownership of or assert any limitation with respect to your use of Output, provided that you acknowledge and agree that Pond5 reserves the right to distribute generated Output (together with any associated prompt language) to third parties without limitation. As between you and Pond5, and to the extent permitted by applicable law, you retain your ownership rights in Your Data.
Use of generative AI features in the Services may produce Output that is unexpected or unsuitable for some users. The Output may not be unique and other users of generative AI features may generate the same or similar Output. The Output may not be protectable by intellectual property rights.
Video AI Credits will be deducted from your account at the time Output is generated, even if you choose not to download the Output.

4. Limitations and Restrictions.

The following limitations and restrictions apply to all use of the Services and you are responsible for the consequences of non-conformance with these limitations:

You will not create Output that (i) depicts a copyright, trademark, public personality, or famous character, (ii) is fraudulent, false, misleading, deceptive, defamatory, obscene, pornographic, vulgar, or offensive; or (iii) engages, facilitates or promotes violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
You may not use the Services to upload, generate, or transmit any Your Data that: (i) infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy; (ii) contains any pornographic, defamatory, or otherwise unlawful or immoral content; (iii) exploits minors; (iv) depicts unlawful or violent acts; (v) depicts animal cruelty or violence towards animals; (vi) promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or (vii) violates any law, statute, or regulation.
You may not, and must not allow third parties to, use any content, data, output or other information received or derived from the Services, including any Output, to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence systems, including any architectures, models, or weights.
You may not indicate that Output or a product or service developed with the Services is sponsored or endorsed by Pond5 without prior written permission from Pond5.
You may not distribute or disclose to third parties results of benchmarking, competitive analysis, regression or performance data relating to the Services without prior written permission from Pond5.
You will not abuse access to the Services including by leveraging “bots” or other automated methods to create Output or otherwise put undue stress on the Services, and Pond5 may rate-limit or otherwise restrict account access if there is evidence of such behavior.

5. Updates and Maintenance

Availability. Pond5 will use best commercial efforts to ensure that the Services are continuously available while your Video AI Credits remain active, excluding any planned maintenance and circumstances beyond Pond5’s reasonable control. Upon notice to Pond5 of Services downtime in excess of planned maintenance, you shall have the right to an extension the duration of which shall be commensurate with such downtime. Aside from your right to seek termination for breach, the foregoing shall be your sole remedy for any unavailability of the Services.
Updates. Pond5 may change, discontinue or deprecate any part, or all, of the Services, or change or remove features, functionality or content available as further detailed in the documentation. Pond5 will strive to provide substantially similar service or functionality and to notify you in advance if Pond5 discontinues or makes material changes to existing functionality.
Maintenance. The Services may be temporarily unavailable, inaccessible or slow when Pond5 and/or its suppliers are performing maintenance or upgrades or at other times for reasons not within Pond5’s reasonable control. Pond5 shall provide commercially reasonable prior notice to a scheduled maintenance window.

6. Indemnification

Subject to paragraph b. below and your compliance with this Agreement, Pond5 will defend and indemnify you and your employees, officers, and directors against any actual or threatened third-party lawsuit, claim, or legal proceeding (each, a "Claim") alleging that the Services directly infringes or misappropriates that third party’s intellectual property rights or that unmodified Output directly infringes a third party’s copyright, trademark or other intellectual property right or violate any third parties' rights of publicity, including direct damages and reasonable attorneys fees attributable thereto.
Pond5 will have no obligations or liability with respect to any third-party claim: (i) arising from Your Data; (ii) arising from any trademark, copyright, or public personality or famous character depicted in Output, (iii) arising from generation or use of Output in a manner that you know or should have known violates or infringes another party’s intellectual property rights or related right; (iv) arising from any modification of an Output or combination of Output with other materials, (v) arising from the context in which the Output is used; (vi) arising from any audio content or audio elements contained within an Output; or (vii) of infringement or misappropriation that, if you have fine-tuned, refined, customized, or otherwise modified the Service and the alleged infringement or misappropriation would not have occurred but for this fine-tuning, refinement, customization, or modification.
Our obligations under paragraph a. above are conditioned upon: (i) prompt written notice, as soon as you know or reasonably should have known of the Claim; (ii) you must allow us to assume and control the investigation, handling, settlement and defense of the Claim; and (iii) you must provide reasonable cooperation therewith. You shall have the right to participate in the investigation of the Claim or any litigation at your own expense.
Should the Services become (or in Pond5’s opinion be likely to become) the subject of any Claim, Pond5 will have the option, at its sole discretion and expense: (i) to procure for you the right to continue using the Services; (ii) to replace or modify the Services so that it becomes non-infringing while providing substantially similar functional performance for the Services as a whole; or (iii) if Pond5 determines in its sole discretion that it cannot reasonably do (i) or (ii), Pond5 may terminate Video AI Credits and will refund to you any unused prepaid fees that you paid for use of the terminated Video AI Credits.
The remedies in this Section 6 are the sole and exclusive remedies under this Agreement for any Claim or third-party claims alleging that Output generated by the Services infringes or misappropriates a third party’s intellectual property rights.
Notwithstanding anything to the contrary contained in this Agreement or in any other agreement between you and Pond5, Pond5’s total maximum aggregate liability with respect to Output will in no event exceed $10,000USD per Output or Claim.

7. Notwithstanding anything to the contrary in this Agreement, Pond5 may monitor and track data related to your use of the Services and collect and compile aggregated statistics derived from such use in an aggregate and anonymized manner. As between Pond5 and you, all right, title, and interest in anonymized, aggregated statistics, and all Intellectual Property Rights therein, belong to and are retained solely by Pond5. You acknowledge that Pond5 may compile aggregated statistics based on Your Data input into the Services, or derived directly from your use of the Services. You agree that Pond5 may (i) make aggregated statistics publicly available in compliance with applicable law, and (ii) use aggregated statistics to the extent and in the manner permitted under applicable law.