Terms of Service

Last updated: June 9, 2026

1. Agreement to Terms

By accessing or using Clonium ("the Service"), operated by Viral Wizard LLC, a Florida limited liability company ("Company," "we," "us," "our"), you ("User," "you," "your," "Customer") agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not access or use the Service. These Terms constitute a legally binding agreement between you and the Company.

2. Description of Service

Clonium is an AI clone production platform that generates video content using facial likeness, voice, and other biometric characteristics of individuals. The Service is delivered through:

  • The Clonium website at clonium.ai
  • The Clonium production application (for authorized subscribers)
  • The free clone demonstration tool
  • Any APIs, integrations, or related services we provide

Clonium utilizes third-party AI providers including, but not limited to, video generation models, voice synthesis engines, and avatar creation services. The Service processes biometric data including facial geometry and voiceprints to generate AI clone outputs.

The Service also includes content intelligence and viral analysis capabilities, including the ability to analyze publicly available social media content, extract structural frameworks, narrative patterns, and engagement metrics, and generate remixed or original content based on those analytical insights. These capabilities are provided as creative tools for marketing inspiration and content strategy. The Service does not guarantee that any generated output is free from third-party intellectual property claims.

3. Eligibility and Account Registration

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate, current, and complete information during registration and keep your account information up to date.

4. Customer Content and Consent Requirements

"Customer Content" means any video, audio, images, text, or other materials you upload, submit, or provide to the Service, including any biometric data (facial geometry, voiceprints) derived from such materials.

By submitting Customer Content, you represent and warrant that:

  1. You own or have obtained all necessary rights, licenses, consents, and permissions to submit such content and to authorize the Company to process it and generate outputs from it.
  2. You have obtained all legally required written consents from every individual whose voice, face, likeness, or biometric identifiers are included in the Customer Content, including consents that satisfy all applicable biometric privacy laws — including, without limitation, the Illinois Biometric Information Privacy Act (BIPA), the Texas Capture or Use of Biometric Identifier Act (CUBI), the Washington Biometric Privacy Act, and all similar state, federal, or international laws.
  3. Each individual whose likeness or voice appears in Customer Content has been informed of the specific purpose for which their biometric data will be collected and used (AI clone generation), the duration for which it will be stored, and the manner in which it will be destroyed.
  4. The Customer Content does not and will not infringe, misappropriate, or violate any third party's intellectual property rights, rights of publicity, rights of privacy, or any other rights.
  5. You are solely responsible for compliance with all applicable laws, rules, and regulations governing the creation, distribution, and use of AI-generated content derived from Customer Content, including all right of publicity laws in every jurisdiction where such content is distributed.
  6. For any Customer Content containing the likeness, voice, or biometric identifiers of any third party, you will maintain records of written consent from each such individual and will make such records available to the Company upon request.

You grant the Company a limited, non-exclusive, non-transferable license to process Customer Content solely for the purpose of providing the Service. This license terminates upon deletion of your account or Customer Content, subject to reasonable backup and deletion timelines. We do not use Customer Content to train AI models for other users or purposes without your explicit written consent.

5. Free Clone Tool

The free clone tool allows you to upload a short video and receive an AI-generated clone video at no cost. By using this tool:

  • You confirm you are the person in the uploaded video, or that you have obtained explicit written consent from the person whose likeness and voice appear in the video
  • You grant us temporary permission to process the video and extract biometric data (facial geometry and voiceprint) for clone generation
  • Uploaded files and derived biometric data are automatically deleted within 24 hours of processing
  • Generated videos are for demonstration purposes
  • Rate limits and usage restrictions apply

6. Acceptable Use Policy

You agree that you will not use the Service to:

  • Create AI clones of any individual without their documented prior written consent
  • Generate non-consensual intimate imagery (NCII) of any person — this is a federal crime under the TAKE IT DOWN Act and will result in immediate account termination and referral to law enforcement
  • Create content depicting, involving, or targeting minors in any capacity
  • Generate content that impersonates public officials, government entities, or businesses for purposes of fraud or deception
  • Create political campaign content using any individual's likeness without their consent and without clear AI-generated disclosure
  • Generate content that is defamatory, harassing, threatening, or intended to cause harm to any identifiable individual
  • Use the Service for any illegal purpose, including fraud, identity theft, phishing, or social engineering
  • Remove, alter, or circumvent any AI content watermarks, provenance signals, or disclosure labels
  • Attempt to reverse-engineer, decompile, disassemble, or extract proprietary components of the Service
  • Resell, sublicense, or redistribute the Service or access to the Service without written permission
  • Use automated systems (bots, scrapers) to access the Service or extract data, models, or training content from the Service
  • Circumvent any rate limits, access controls, or usage restrictions
  • Generate verbatim or substantially similar reproductions of identifiable third-party copyrighted content, including scripts, dialogue, course curricula, or creative works
  • Scrape, access, or collect content from third-party platforms in any manner that requires account authentication, bypasses access controls, or violates the terms of service of the source platform
  • Upload or input the likeness, voice, or biometric data of any third-party content creator for the purpose of cloning that specific creator's identity without their explicit, signed licensing agreement
  • Reproduce, adapt, or derive content from paid or premium educational materials, courses, or proprietary curricula without authorization from the rights holder
  • Generate fraudulent educational credentials, impersonate certified professionals, or bypass academic integrity policies
  • Systematically input variations of data for the purpose of reverse-engineering the platform's internal prompt structures, proprietary viral frameworks, hook matrices, or structural ad-angle algorithms
  • Use generated frameworks, outputs, or analytical data from the Service to train, fine-tune, or prompt alternative automated content creation systems or competing software

Violation of the Acceptable Use Policy may result in immediate suspension or termination of your account, removal of content, and, where required by law, cooperation with law enforcement authorities.

7. Content Moderation and Monitoring

The Company reserves the right, but is not obligated, to monitor, review, and remove Customer Content or generated outputs at any time and for any reason, including but not limited to compliance with these Terms, applicable law, or third-party rights. We may use automated systems and human review to detect prohibited content.

We will comply with valid legal process and may disclose information about your use of the Service to law enforcement or government authorities when required by law or when we have a good-faith belief that disclosure is necessary to protect the rights, property, or safety of any person.

8. Intellectual Property

  • The Clonium platform, including all software, algorithms, documentation, designs, and trade secrets, is the exclusive intellectual property of the Company. Nothing in these Terms grants you any right, title, or interest in the Service itself.
  • Content generated by the Service using your Customer Content belongs to you, subject to any rights of the individuals whose likenesses are depicted and to any applicable third-party AI provider terms. We claim no ownership of your generated outputs.
  • You may not resell, redistribute, white-label, or create derivative works from the Clonium platform without prior written permission.

Ownership of Platform IP vs. Generated Content:

  • Your Input: Content you upload or provide to the Service remains your property.
  • Your Output: Remixed scripts, generated content, and analytical reports produced for you by the Service are assigned to you, subject to the copyright disclaimers below and any third-party rights in the source material.
  • Platform IP: The underlying prompt architectures, viral intelligence algorithms, framework categorization logic, hook classification systems, content scoring models, and analytical databases are the exclusive intellectual property of the Company. No license to Platform IP is granted by these Terms.

AI-Generated Content and Copyright:

You acknowledge that content generated by the Service using artificial intelligence may not be eligible for copyright registration or protection under current U.S. Copyright Office guidance, which requires demonstrable human authorship. The Company makes no representations regarding your ability to copyright, trademark, or otherwise obtain intellectual property protection for AI-generated outputs. You are responsible for adding sufficient original human creative authorship to any AI-generated content before asserting intellectual property rights.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, contractors, and agents ("Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorney's fees and legal costs) arising from or related to:

  1. Your access to or use of the Service;
  2. Any Customer Content you submit, including any claim that Customer Content infringes, misappropriates, or violates any third party's intellectual property rights, right of publicity, right of privacy, or any other right;
  3. Your failure to obtain any required consents, releases, or authorizations from individuals whose likeness, voice, or biometric identifiers are included in Customer Content;
  4. Your violation of these Terms, including the Acceptable Use Policy;
  5. Your violation of any applicable law, rule, or regulation, including but not limited to any biometric privacy law, right of publicity law, data protection law, or content regulation;
  6. The use, distribution, or publication of any output generated from your Customer Content by you, your employees, contractors, or end users; or
  7. Any claim by any individual that you failed to obtain the required consents or that their likeness, voice, or biometric data was used without authorization through your use of the Service;
  8. Any claim of copyright infringement, trademark infringement, or unfair competition arising from content you generated, remixed, or distributed using the Service;
  9. Your failure to comply with applicable advertising disclosure laws, FTC guidelines, or platform advertising policies when using AI-generated content in commercial contexts; or
  10. Any claim by a third-party platform operator that your use of the Service violated their terms of service or data access policies.

This indemnification obligation survives the termination of your account and these Terms.

10. Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE TOTAL AMOUNT YOU PAID TO THE COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Results vary. AI-generated content quality depends on input quality, lighting, audio clarity, and other factors. We do not guarantee specific outcomes from using the Service.

11. DMCA and Takedown Procedures

The Company respects the intellectual property and publicity rights of others. If you believe that content on the Service infringes your copyright, right of publicity, or other rights, you may submit a takedown notice to our designated agent.

Takedown Notice Requirements:

  1. Identification of the copyrighted work or right claimed to be infringed
  2. Identification of the infringing material and its location on the Service
  3. Your contact information (name, address, telephone number, email)
  4. A statement that you have a good-faith belief that the use is not authorized by the rights owner, its agent, or the law
  5. A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the rights owner
  6. Your physical or electronic signature

Send takedown notices to: legal@clonium.ai

We will respond to valid takedown notices promptly and, for reports of non-consensual intimate imagery, within 48 hours as required by the TAKE IT DOWN Act. We maintain a repeat-infringer policy and will terminate accounts of users who repeatedly violate the rights of others.

If you believe your content was removed in error, you may submit a counter-notification containing: (a) identification of the removed material, (b) a statement under penalty of perjury that removal was a mistake, (c) your contact information, and (d) consent to jurisdiction in federal court.

12. Termination

We may suspend or terminate your account and access to the Service immediately, without prior notice, if we determine that you have violated these Terms, including the Acceptable Use Policy. We may also terminate accounts that are inactive for an extended period.

Upon termination: (a) your right to use the Service ceases immediately, (b) we may delete your account data and Customer Content in accordance with our Privacy Policy, and (c) provisions that by their nature should survive — including Sections 4 (Customer Content and Consent), 8 (Intellectual Property), 9 (Indemnification), 10 (Limitation of Liability), 13 (Governing Law), 17 (Viral Intelligence), 18 (Commercial Use), 19 (Course and Educational Content), and 20 (Data Sourcing) — will survive termination.

You may request deletion of your account and all associated data by emailing neal@quantumscaling.ai. Biometric data will be securely destroyed within 30 days of the request.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of laws provisions.

Any dispute arising out of or relating to these Terms or the Service shall first be submitted to good-faith negotiation. If the dispute is not resolved within thirty (30) days, it shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in the State of Florida. The arbitrator's decision shall be final and binding. Each party shall bear its own costs, except that the prevailing party in any action to enforce the indemnification provisions of Section 9 shall be entitled to recover its reasonable attorney's fees.

YOU AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page with a revised "Last updated" date. For material changes, we may also notify you by email. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Contact Us

Questions about these Terms? Contact us:

17. Viral Intelligence and Content Generation

The Service provides content intelligence tools that analyze publicly available social media content to identify structural frameworks, narrative patterns, engagement metrics, and content strategies ("Viral Intelligence"). By using these features, you acknowledge and agree:

  1. The Service processes publicly available internet data, social media metrics, and public marketing materials to generate trends, frameworks, and analytical insights. This data is collected from public-facing sources and does not involve accessing private accounts or bypassing platform security measures.
  2. Generated outputs — including remixed scripts, hook variations, and framework analyses — are provided as structural templates, marketing inspiration, and analytical guidance. They are not provided as final, legally cleared copy ready for publication.
  3. You are solely responsible for independently reviewing, editing, and verifying all generated content before publishing, distributing, or using it in any commercial context. The Service is a creative co-pilot; final editorial authority and legal accountability rest solely with you.
  4. You warrant that you will not use the Service to generate content that is substantially similar to, or a verbatim reproduction of, identifiable third-party copyrighted material. You accept full responsibility for ensuring that any remixed content meets the legal threshold of transformative fair use or constitutes an entirely original work.
  5. The Company does not run automatic checks against active trademarks, copyrights, or existing intellectual property registrations. No warranty of non-infringement is provided for any generated output.

18. Commercial Use and Advertising Compliance

When using AI-generated content or AI clone outputs in commercial contexts, including paid advertising, sponsored content, or promotional materials:

  1. FTC Compliance: You are solely responsible for compliance with all applicable advertising disclosure laws, including Federal Trade Commission (FTC) guidelines regarding endorsements, testimonials, and AI-generated media. When using AI-generated content in paid advertising, you must include clear, conspicuous disclosures that the content is AI-generated, as required by law.
  2. Platform Compliance: You are responsible for adhering to the terms of service and advertising policies of all third-party distribution platforms (including but not limited to Meta Ads, Google Ads, TikTok Ads, YouTube, and LinkedIn). The Company is not responsible if your content is rejected, your account is restricted, or your advertising privileges are suspended by any third-party platform.
  3. No Trademark Clearance: The Company does not check generated outputs against active corporate trademarks, trade dress, slogans, or competitor brand assets. You are responsible for conducting your own trademark clearance before commercial distribution.
  4. Content Vetting: Any content pushed into paid distribution channels must be fully vetted by you (and, where appropriate, your legal counsel) before deployment. The Company assumes no liability for advertising claims, regulatory penalties, or commercial damages arising from your use of AI-generated content in paid advertising.

The Company is an independent tool provider and is not endorsed by, affiliated with, or partnered with Meta, TikTok, Google, YouTube, LinkedIn, X, or any other social media platform or advertising network.

19. Course and Educational Content

When using the Service to generate educational materials, course content, training materials, or informational products:

  1. You warrant that any reference material, source scripts, or educational content you upload or input into the Service is either (a) your original work, (b) in the public domain, or (c) used with the express authorization of the rights holder.
  2. The Service may be used to extract abstract frameworks, structural concepts, and narrative methodologies from educational content. You acknowledge that while abstract ideas, methods, and systems are not protectable under copyright law, the specific expression of those ideas (including particular examples, case studies, diagrams, and verbatim language) may be protected.
  3. You are prohibited from using the Service to systematically reproduce, replicate, or adapt proprietary educational curricula, paid course materials, or premium content for redistribution or resale without authorization from the original rights holder.

20. Data Sourcing and Third-Party Platform Disclaimer

  1. The Service aggregates and analyzes publicly available data from the internet, including publicly posted social media content, engagement metrics, captions, and transcripts, to power its content intelligence features.
  2. Data collection is performed exclusively from public-facing URLs and does not involve accessing private or authenticated content, creating fake accounts, or circumventing platform access controls.
  3. If you connect your own social media accounts to the Service or provide your own platform credentials, you are solely responsible for ensuring that your use of the Service does not violate your agreements with those platforms.
  4. The Company complies with valid legal process and will respond to legitimate data access requests from platform operators and rights holders.
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