Mighty Media LLC

Terms and Conditions

By using our service you have accepted these Terms of Use, which govern your use of our service. Please read it.

Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

As used in these Terms of Use, "Mighty Media service," "our service," or "the service" refers to the set of services provided by Mighty Media. We refer to the member as "customer" or "user" throughout this document.

Mighty Media LLC (hereinafter "Mighty Media") provides a set of digital services.

Free Trials

Your Mighty Media membership may start with a free trial. Free trials means we will delay a charge to your payment method on file for a period of days. The specific duration of a free trial is visible when you provide us with your payment method ("sign-up page"). In order to avoid billing to your Payment Method you will need to cancel your subscription before the end of a the free trial.

Free trials are only available to any "first time user" of a specific Mighty Media service. We determine a "first time user" not just by your account email but also by your method of payment, browser ID and other means. By "first time user" we mean you must be new to a Mighty Media service. As an example - if you have an active Mighty Travels PREMIUM Pro subscription and have used a free trial for kahma.io you will not be able to use another free trial for any Mighty Travels PREMIUM membership tier or kahma.io but you can still do a free trial for designedbyai.io.

If you'd like to find out of you are eligible for a free trial please contact customer service.

Billing, Payments and Cancellation

All payments are non-refundable. There are no credits for unused periods.

If you subscribed to a monthly/yearly plan your Mighty Media service membership will continue month-to-month or year-to-year and automatically renew until terminated.

By providing a payment method when you sign up or update your account, you authorize us to charge you for your subscription fees using your payment method on a recurring basis. This authorization will remain in effect until you cancel your subscription. You can cancel your subscription at any time by visiting the account profile page of each service you are subscribed to. You also authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts.

You must cancel your membership before it renews each month/ year in order to avoid billing of the next period's membership fees to your Payment Method.

Subscription fees for the Mighty Media service and any other charges you may incur in connection with your use of the services, such as taxes and possible transaction fees, will be charged on a monthly/yearly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Membership fees are fully earned upon payment. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

You can update your Payment Methods by going to your account page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the service until we have successfully charged a valid Payment Method. You will still be liable for any uncollected amount owed.

All payments are processed in US Dollars. For some Payment Methods, the issuer may charge you additional fees, such as foreign transaction fees. Check with your issuer for details.

You can cancel your Mighty Media membership at any time ("Immediate Cancellation"). We do not provide refunds or credits for any unused membership periods.

To cancel a Mighty Media subscription access the account section (using your email and password). Upon successful cancellation you will receive an email confirmation. Please keep it for your records. If you cancel your membership, your billing will cease immediately but you can still use your account until it expires. Each member must retain a valid email to reset a password. Member agrees that any cancellation must be done through the account section. Customer service is unable to access member accounts or subscription information.

In the rare event that a member can not access the account page – member shall contact customer service to restore access (i.e. by requesting an email change). Mighty Media is not responsible for failure to access and cancel a subscription due to the lack of account access.

Service Agreement

You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of any Mighty Media service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

Any Mighty Media service may not be shared with individuals or other legal entities.

Passwords and Account Access

The member who created the Mighty Media account and whose Payment Method is charged (the "Account Owner") has access and control over the Mighty Media account and is responsible for any activity that occurs through the Mighty Media account.

Duplicate Accounts

You can only have one account for each Mighty Media service. If you create more than one account (for example, by using different email addresses or variations of your name/ credit card details), we will close your duplicate accounts without warning. We may also ban you from our service entirely and/or assess penalties.

Renewal of Subscription / Pricing Changes

Your monthly or yearly subscription will renew automatically at the same price as your original subscription for the first year. We will not increase the price unless we notify you by email in advance. After your subscription ends, you will have to pay the current price if you choose to subscribe again. Your subscription may end for various reasons, such as failed payments, disputes with your payment provider, or any administrative action by Mighty Media LLC.

Right to Refuse Service

Mighty Media LLC has the right to deny service to anyone for any reason. We can also ban accounts and/or refuse to renew subscriptions at our discretion.

Disclaimers of Warranties and Limitations on Liability

The Mighty Media service, along with all its associated content and software, as well as any other features or functionalities connected to the Mighty Media service, are provided "as is" and "as available," with all inherent faults and without any warranties. Mighty Media cannot guarantee, represent, or warrant that your use of the Mighty Media service will be uninterrupted or error-free. Generative AI output can be unpredictable, and we cannot guarantee specific outcomes. In the rare event that your Generative AI output does not meet your expectations, we offer re-runs of your generative AI creations. For more details, please contact our customer service team. In addition some of our services rely on correct input materials to be provided by customer such as, but not limited to, input images, input audio samples, input video sequences or input text or links. Mighty Media is not responsible if such input material is not provided as requested or not provided in the quality required for processing. For more details, please contact our customer service team.

To the extent permissible under applicable laws, in no event shall Mighty Media, or its subsidiaries or any of their shareholders, directors, officers, employees, or licensors be liable (jointly or severally) to you for personal injury or any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this section may not apply to you.

Nothing in these terms of use shall affect any non-waivable statutory rights that apply to you.

Arbitration Agreement

If you are a Mighty Media member in the United States (including its possessions and territories), you and Mighty Media agree that any dispute, claim or controversy arising out of or relating in any way to the Mighty Media service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court.

Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Mighty Media are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Mighty Media membership.

If you elect to seek arbitration or file a small claim court action, you must first send your complaint to Mighty Media, by email to [email protected]. If Mighty Media initiates arbitration, it will send a written Notice to the email address used for any such request.

Abusive Behavior

Any abusive or aggressive behavior toward our customer staff will not be tolerated. Aggressive or abusive behavior includes any language that may cause staff to feel afraid, alarmed, threatened or abused and may include threats, personal verbal abuse, derogatory remarks and rudeness or foul language. We also consider repeated demands for the exact same request as unreasonable and abusive as this may take up a disproportionate amount of time and resources. This can affect our ability to provide a service to other customers.

If we determine that your behavior is abusive we reserve the right to, not reply to an abusive email, deactivate or close your account without notice or deactivate or close your account without refund.

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Mighty Media may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Mighty Media service.

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.