Terms of Service

1. Acceptance of these terms

These Terms of Service (the “Terms”) form a binding agreement between you and TopTake (“TopTake”, “we”, “us”, or “our”) regarding your use of the TopTake mobile application, this website, and any related services (together, the “Service”).

By downloading, installing, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. The service

TopTake is an AI-assisted video director for iPhone and iPad. You choose photos and videos from your library, answer a short interview, and the Service builds a short film with a narrative arc. You can then re-direct the cut using plain-language prompts and export the result.

Some features run entirely on your device. Others, such as cloud recuts, require an internet connection, an account, and credits. We may add, change, or remove features over time as described in these Terms.

3. Eligibility and accounts

You must be at least 13 years old (or 16 where local law sets a higher age) and legally able to enter into a binding contract to use the Service. If you are below the age of majority where you live, you may use TopTake only with the involvement and permission of a parent or legal guardian.

You can create an account with an email one-time code, Google, or Apple. You agree to provide accurate information, keep your sign-in credentials secure, and accept responsibility for activity that occurs under your account. One account is for one person; do not share or resell access.

You can delete your account at any time from Profile → Delete account in the app. If you cannot sign in, email us from the address associated with the account and we will verify and delete it. Deleting your account does not automatically cancel an App Store subscription; see section 7.

4. Your licence to use TopTake

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to download and use the TopTake app on Apple-branded devices that you own or control, as permitted by the Apple Media Services Terms and Conditions. This licence is for your personal, non-commercial use unless we agree otherwise in writing.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, or attempt to extract the source code of the Service, except where such restriction is prohibited by applicable law.

5. Your media and other content

You retain ownership of the photos, videos, prompts, notes, titles, and other content you provide to TopTake (“Your Content”). We do not claim ownership of Your Content.

Your imported photos and videos are processed on your device and are not uploaded to us. To provide cloud features, you grant us a limited, non-exclusive, worldwide licence to host, process, transmit, and display the content you choose to send — such as clip metadata, interview answers, prompts, and titles — solely to operate and provide the Service to you. This licence ends when you delete the relevant content or your account, except for backups and records retained under our Privacy Policy.

You represent and warrant that you own or have all necessary rights, consents, and permissions to the media you import and the content you submit, and that your use of the Service does not infringe or violate anyone else’s rights, including copyright, privacy, or publicity rights. If other people appear in your videos, you are responsible for having the permissions you need to use and share them.

Music made available inside TopTake is licensed for use within films you create through the Service. You may not extract, redistribute, or use that music as standalone audio, or claim it as your own.

6. AI-assisted cuts and output

TopTake uses automated systems to analyze clip metadata and to plan a story arc and recut instructions. AI-generated results can be unpredictable, incomplete, or not what you intended. You are responsible for reviewing the final cut before you export it or share it.

Subject to these Terms and any third-party rights, you may use the videos you generate with TopTake, including for personal and social sharing. Output may not be unique: similar results may be generated for other users from similar inputs. We do not guarantee that any output will be original, accurate, or suitable for a particular purpose.

TopTake does not provide legal, financial, medical, or other professional advice. Do not rely on the Service for decisions that require professional judgment.

7. Credits and subscriptions

Credits

Every new account starts with 15 cloud credits. Cloud credits are spent when our cloud director plans a cut or a recut. TopTake Pro includes 200 credits each month, and unused credits roll over while your subscription remains active.

Credits have no cash value, are non-transferable, and are not redeemable for cash. Credits expire when your account is deleted or terminated for breach of these Terms. We may change the credit programme prospectively, with notice in the app where required.

TopTake Pro

TopTake Pro is an optional auto-renewable subscription available on a monthly or annual basis. The price for your storefront is shown in the app before you confirm your purchase. Pricing may change; we will not change the price of an existing subscription without the notice required by the App Store.

Payment is charged to your Apple ID at confirmation. The subscription renews automatically unless you cancel at least 24 hours before the current period ends, and your account is charged for renewal within 24 hours before that period ends. You can manage or cancel the subscription in your App Store account settings. Deleting the app does not cancel a subscription.

Refunds are handled by Apple in accordance with App Store policy. We cannot issue refunds for App Store purchases. If a subscription ends, access to Pro features continues only until the end of the paid period.

8. Acceptable use

You agree not to use the Service to:

• violate any law or the rights of any person, including copyright, trademark, privacy, or publicity rights;
• import media or create content that you do not have the right to use, or that is defamatory, harassing, hateful, sexually exploitative of minors, or otherwise harmful;
• interfere with, disrupt, or attempt to gain unauthorised access to the Service, our systems, or other users’ accounts;
• reverse engineer, decompile, scrape, or use automated means to access the Service, except as permitted by law;
• bypass credits, paywalls, subscription requirements, usage limits, or security measures;
• resell, sublicense, or commercially redistribute the Service or access to it without our written permission; or
• impersonate another person or misrepresent your affiliation with any person or entity.

We may investigate suspected misuse and suspend or terminate accounts as described in section 15.

9. Apple and third-party services

If you downloaded TopTake from the Apple App Store, Apple’s Media Services Terms and Conditions and the Apple Licensed Application End User License Agreement also apply to your use of the app. To the extent of any conflict between these Terms and Apple’s terms, Apple’s terms control solely with respect to the app you obtained from the App Store.

Apple is not a party to these Terms and has no obligation to furnish maintenance or support services for TopTake. Apple is a third-party beneficiary of these Terms and may enforce them against you. Apple is not responsible for the app or its content.

The Service relies on third-party providers, including Supabase for authentication and data storage, Google Firebase for analytics and crash reporting, Google’s Gemini API for direction, and Apple for distribution and purchases. Their services are governed by their own terms and privacy policies. We are not responsible for third-party services we do not control.

10. Our intellectual property

The Service, including the TopTake name, logo, design, software, interface, text, and graphics, is owned by us or our licensors and is protected by intellectual property laws. Except for the licence in section 4, these Terms do not grant you any right, title, or interest in our intellectual property.

If you send us feedback or suggestions, you grant us a non-exclusive, royalty-free, worldwide licence to use them without restriction or compensation to you. We appreciate the input, but we are not obligated to implement it.

11. Availability and changes to the Service

We work to keep TopTake available, but we do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. Features that depend on your network, Apple’s services, or third-party providers may be unavailable at times.

We may modify, suspend, or discontinue all or part of the Service, including features, credits, and pricing, with reasonable notice where required. If we discontinue a paid feature you have already purchased for a period, your remedies are governed by applicable law and Apple’s refund policies.

12. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will meet your requirements, that output will be error-free or suitable for your purposes, or that defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

13. Limitation of liability

To the maximum extent permitted by law, TopTake and its directors, officers, employees, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to your use of the Service, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amount you paid for TopTake Pro in the 12 months before the event giving rise to the claim, or (b) one hundred US dollars (US$100).

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited by applicable law, including liability for fraud, wilful misconduct, death, or personal injury caused by negligence where such limitation is prohibited. If you are a consumer, you keep all mandatory rights available to you under the law of your country of residence.

14. Indemnity

To the extent permitted by law, you agree to defend, indemnify, and hold harmless TopTake and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or relating to: (a) content you import or create with the Service; (b) your breach of these Terms; or (c) your violation of any law or the rights of a third party.

15. Suspension and termination

You may stop using the Service at any time and delete your account in the app. We may suspend or terminate your access if you materially breach these Terms, if we are required to by law, if we detect fraud or a security risk, or if your account has been inactive for a prolonged period. Where appropriate, we will give you notice and an opportunity to resolve the issue.

On termination, your licence to use the Service ends. Sections that by their nature should survive termination — including sections 5, 6, 10, 12, 13, 14, 16, and 18 — will continue to apply.

16. Governing law and disputes

These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of the country in which TopTake is established, without regard to its conflict-of-law rules. You and TopTake agree to the exclusive jurisdiction of the courts located there, subject to any mandatory consumer protections that apply where you live.

Before starting a formal dispute, please contact us at support@toptake.co so we can try to resolve the issue informally.

17. Changes to these terms

We may update these Terms from time to time. If we make a material change, we will post the new Terms on this page, update the “Last updated” date, and, where appropriate, notify you in the app before the change takes effect. Continued use of the Service after the effective date means you accept the updated Terms.

18. Contact

Questions about these Terms? Email support@toptake.co. We will provide our current postal address on request.