End User License Agreement for Mediaferry

This End User License Agreement (“Agreement” or “EULA”) is entered into between EKCS and its related entities and subsidiaries (“EKCS”, “Licensor”, “we”, “us”, or “our”) and the entity or individual identified in the applicable Order Form (“Client”, “Licensee”, or “you”). By executing an Order Form or accessing or using the Mediaferry Software, you agree to be bound by the terms of this Agreement.

1. Definitions

  • Authorized End User: means any employee, contractor, or individual authorized by the Client to access and use the Software.
  • Client Content: means all inputs, prompts, uploads, assets, data, and outputs generated or processed through the Software.
  • Generative Output: means any ad, creative, design, video, image, text, or other media generated using AI or automation features within Mediaferry.
  • Mediaferry or Software: means the proprietary software Mediaferry software platform and related technology owned or licensed by EKCS.
  • Order Form: means the commercial ordering document executed between the parties that specifies subscription scope, pricing, billing triggers, term, and other commercial terms governing the Client’s access to the Software and Services.
  • Services: means any hosting, support, maintenance, integration, AI generation, asset production, or related services provided by EKCS in connection with the Software, as may be described in the Order Form.

2. License Grant

Subject to compliance with this Agreement and payment of applicable fees, EKCS grants the Client a limited, non-exclusive, non-transferable, non‑sublicensable, and revocable license to access and use the Software solely for internal business purposes during the Term. Such use shall be limited to Authorized End Users and in accordance with applicable laws.

3. Account Access

The Client is responsible for maintaining the confidentiality of their account credentials and is liable for all activities that occur under its account. If there is any unauthorized use of the account, the Client must notify EKCS immediately.

4. Restricted Use

Except as expressly permitted under this Agreement, the Client shall not copy, reproduce, distribute, sublicense, lease, sell, resell, or otherwise commercially exploit the Software. The Client shall not reverse engineer, decompile, disassemble, or attempt to derive source code, algorithms, or underlying structure of the Software. The Client shall not provide access to unauthorized third parties, use the Software as a service bureau or white‑label platform, remove proprietary notices, circumvent usage controls, or use the Software in any unlawful or fraudulent manner.

5. User Requirements

The Client agrees to ensure that all Authorized End Users:

Cookies from our Site cannot be read by other Sites. Most browsers will accept cookies unless you change your browser settings to refuse them. Cookies we use on our Site:

  • Are at least 18 years old.
  • Provide accurate, current, and complete information when creating an account.

6. Intellectual Property Rights

All rights, title, and interest in and to the Software, including all AI models, design frameworks, templates, user interfaces, enhancements, modifications, and derivative works, remain solely and exclusively vested in EKCS and its licensors. No ownership rights are transferred to the Client, and all rights not expressly granted are reserved by EKCS.

7. Customer Content and Output Rights

The Client retains ownership of all Customer Content uploaded or submitted into the Software. The Client represents and warrants that it possesses all necessary rights, licenses, and permissions to use such content. Subject to payment of all applicable fees, EKCS hereby assigns to the Client all rights, title, and interest, if any, that EKCS may hold in the final Generative Outputs upon download or export by the Client. The Client acknowledges that it is solely responsible for the review, clearance, and lawful use of all Outputs, and that AI‑generated content may require independent intellectual property or regulatory review prior to publication or distribution.

Third-party links

Our Site may have links to other websites. Please review their privacy policies to learn more about how they collect and use your personal data, because we do not control their policies and personal data processing practices.

8. AI and Third-Party Tools

The Software may incorporate or integrate third‑party artificial intelligence engines, stock libraries, music libraries, image repositories, and other creative or generative tools to enable content creation and production functionalities. The Client acknowledges that outputs generated through such integrations may rely on third‑party datasets, technologies, or licensed materials, and EKCS does not warrant that such outputs will be free from third‑party intellectual property claims.

The Client may upload and use its own images, audio, video, text, and other media within the Software, and shall retain ownership of such content. The Client represents and warrants that it owns or has obtained all necessary rights, licenses, permissions, consents, and releases required for the use, reproduction, generation, and commercialization of such content, including any personality, publicity, or copyright rights.

By submitting content into the Software, the Client grants EKCS a limited, non‑exclusive right to use such content solely for the purpose of providing and operating the Software and Services. The Client remains solely responsible for ensuring that all Inputs and resulting Outputs comply with applicable laws and do not infringe third‑party rights.

To the maximum extent permitted by law, EKCS disclaims liability for any claims arising out of or relating to Client‑uploaded content, third‑party materials, or outputs generated through third‑party AI or creative tools.

9. System Availability

EKCS will make reasonable efforts to maintain the availability of the Software. However, the Software may be subject to downtime arising from maintenance, upgrades, infrastructure dependencies, or events beyond EKCS’s control. The Client will be notified of scheduled downtimes.

10. Suspension and Termination

EKCS may suspend or terminate access to the Software in the event of non‑payment, security risks, legal violations, or breach of this Agreement. Upon termination, all license rights cease immediately and access to the Software may be revoked without further notice.

11. Disclaimers & Limitation of Liability

The Software/ Services are provided “as is” and “as available,” without any warranties, express or implied, including but not limited to implied warranties of merchantability and non-infringement. EKCS does not guarantee the reliability, quality, or availability of the Services, nor does it ensure uninterrupted or error-free operation. The Client acknowledges that the use of the Services is at your own risk.

To the maximum extent permitted by law, EKCS’s aggregate liability arising out of or relating to this Agreement shall not exceed the fees paid by the Client in the one (1) month preceding the event giving rise to the claim. EKCS shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, data, or business opportunities.

12. Indemnity

The Client agrees to indemnify and hold harmless EKCS and its affiliates, officers, and agents from any claims or demands, including reasonable attorneys’ fees, arising from the Client’s :

  • violation of any third-party rights, including intellectual property or privacy rights;
  • misuse of the Services;
  • breach of any laws or regulations in connection with the use of the Services.

This indemnity obligation will survive the termination of this Agreement and Client’s use of the Services.

13. Entire Agreement

These terms, along with the Order Form, constitute the entire agreement between the parties regarding the subject matter herein and supersede any prior agreements or understandings.

14. Compliance with Laws

Both parties agree to comply with all applicable laws and regulations in connection with their performance under these Terms.

15. Governing Law

This Agreement shall be governed by and construed in accordance with the laws specified in the applicable Order Form, and courts located therein shall have exclusive jurisdiction.

16. Contact Information

For any questions regarding these terms, please contact us at:

at hello@mediaferry.com.