Trial Fair Use & Anti-Abuse Policy

Legal status. This Trial Fair Use & Anti-Abuse Policy (the "Trial Policy") is issued by Cinnamon Technology Limited, trading as MakeUGC, a company registered in England and Wales under company number 15351712 with its registered office at Silverstream House, 45 Fitzroy Street, London, England, W1T 6EB ("MakeUGC", "we", "us" or "our"). It governs access to, participation in and use of any free, nominal-fee (including the $1 / 72-hour trial), discounted, promotional or introductory access to the MakeUGC platform (each a "Trial").

This Trial Policy forms an integral and binding part of the Terms of Service, and is to be read together with the Refund Policy, the Privacy Policy, the Acceptable Use Policy and any applicable pricing or subscription terms. Capitalised terms not defined here have the meaning given in the Terms of Service. In the event of conflict between this Trial Policy and the Terms of Service on any matter concerning Trials, this Trial Policy prevails.

By registering for, accessing or paying for a Trial you confirm that you have read, understood and agreed to this Trial Policy; acknowledge that it is legally binding; and expressly authorise the charging, monitoring, enforcement and recovery mechanisms described in it.

Purpose. The Trial exists so that a prospective customer can evaluate the Services once, at a nominal price, before subscribing. This Trial Policy exists to prevent fraud, abuse, circumvention and exploitation of promotional pricing; to protect platform resources, model costs and commercial fairness for paying customers; and to ensure that each Trial is used strictly for its intended purpose.

1. DEFINITIONS

• "Applicable Plan" means the paid Subscription tier selected at Trial sign-up or, if higher, the highest Subscription tier whose features, models, Avatars, Voices or Credit allowance were accessed or consumed during the Trial.
• "Full-Price Charge" means the amount payable under Section 4 where Trial Abuse has occurred.
• "Linked Account" means any Account that MakeUGC reasonably determines is connected to you or your business, including by shared or similar name, email domain, payment method, billing address, device, IP address, browser fingerprint, company registration, website, brand, social-media handle, team membership, API key or behavioural pattern.
• "Trial" has the meaning given above and includes any extension, re-activation or promotional Credits granted in connection with it.
• "Trial Abuse" means any conduct described in Section 3, whether intentional, reckless or negligent.
• "Trial Period" means the period and Credit allowance stated at sign-up (for example, 72 hours), after which the Trial converts to the Applicable Plan under Section 2.4 unless cancelled.
• "You" means the individual or legal entity registering for the Trial and every person acting on its behalf, and, for the purposes of Section 3, every person or entity that shares a Linked Account with you.

2. TRIAL ELIGIBILITY, SCOPE AND AUTOMATIC CONVERSION

2.1 One Trial only. A Trial is strictly limited to one (1) per individual and one (1) per legal entity, lifetime, whether acting personally, professionally or on behalf of a business or client. A business and its owners, directors, employees, contractors, agencies and clients are treated as one entity for this purpose where the Trial is used for the benefit of that business.

2.2 No repeat access. A Trial may not be accessed, claimed or used more than once, directly or indirectly; under the same or a different email address, name or business; through another person, employee, contractor, agency or agent; through a Linked Account; or via any technical or administrative workaround.

2.3 Nature of the Trial. Trial access is promotional, temporary, limited to the stated Trial Period and Credit allowance, granted entirely at MakeUGC's discretion, and licensed for evaluation only. Trial Output may be watermarked, limited in resolution or duration, or restricted in features. MakeUGC may refuse, restrict, suspend, modify or revoke any Trial at any time, and may determine eligibility using billing, identity, technical, behavioural and fraud-prevention signals.

2.4 Automatic conversion. Unless you cancel through your Account settings before the Trial Period ends, the Trial converts automatically into a paid Subscription to the Applicable Plan at the standard price displayed at sign-up, and the payment method on file is charged at that time and on each renewal thereafter. The Trial fee is non-refundable and is not credited against the first Subscription payment unless stated at sign-up. The first Subscription payment after conversion is governed by the Refund Policy.

2.5 Verification. MakeUGC may require identity, business or payment verification before, during or after a Trial, including government ID, company documents, a video call or 3-D Secure authentication, and may suspend the Trial pending verification.

2.6 No Trial for certain users. Trials are not available to persons under 18, to sanctioned persons or territories, to persons previously banned from the Services, to competitors or persons benchmarking the Services, or to anyone MakeUGC reasonably considers a fraud or abuse risk.

3. PROHIBITED TRIAL ABUSE AND CIRCUMVENTION

3.1 General. Trial Abuse includes, without limitation, any attempt to create, access, obtain or benefit from more than one Trial, or to obtain the value of a paid Subscription without paying for it, whether intentionally, recklessly or negligently.

3.2 Prohibited conduct (non-exhaustive). Each of the following is Trial Abuse:

(a) Multiple accounts. Creating or attempting to create more than one Trial Account using the same or a substantially similar name; variations of the same individual or business identity; different, alias, plus-addressed, disposable or temporary email addresses; different devices or browsers; or different business names, brands or websites for substantially the same person or business.

(b) Shared or linked payment instruments. Using the same or a linked credit card, debit card, virtual or single-use card, digital wallet, payment-processor account, billing address or billing country for more than one Trial, or using a payment instrument that you are not authorised to use, that is prepaid with insufficient balance for the Applicable Plan, or that is cancelled or blocked after the Trial fee is taken.

(c) Collective or coordinated use. Allowing or enabling multiple persons to access Trial benefits under a shared payment method, a single billing instrument or a controlled or related Account structure, or acting on behalf of, in coordination with, or for the benefit of the same individual, company, group, agency or client to obtain multiple Trials.

(d) Technical evasion. Using VPNs, proxies, tunnelling or residential-IP services, IP masking or spoofing, device-fingerprint manipulation, virtual machines, emulators, cookie or storage clearing, or any other measure intended to evade or defeat detection, device limits or geographic restrictions. IP spoofing, masking or deliberate obfuscation of technical identifiers is a material breach of this Trial Policy and of the Terms of Service.

(e) Commercial exploitation. Using a Trial to generate Output for commercial deployment at a volume, scale or purpose inconsistent with evaluation, including producing finished campaign assets, generating Output for multiple clients or brands, or using the Trial as a substitute for a Subscription.

(f) Limit circumvention. Circumventing, removing or attempting to circumvent any Trial limit, watermark, Credit cap, rate limit, resolution limit, feature restriction or time limit, including by repeatedly cancelling and re-registering.

(g) Automation. Using scripts, bots, automation, shared credentials or the API in a manner not permitted for Trials, or scraping or bulk-downloading Output, Avatars, Voices or templates.

(h) Payment misconduct. Disputing, charging back or reversing a Trial fee, or a conversion charge for a Trial you did not cancel.

(i) Misrepresentation. Providing false, misleading or incomplete registration, identity, business or payment information, or misrepresenting your relationship to another Account.

(j) Catch-all. Any other conduct that MakeUGC reasonably determines is intended to, or has the effect of, obtaining more than one Trial or the value of a paid Subscription without paying for it.

3.3 Responsibility. Responsibility for preventing unauthorised or multiple Trial use under a shared payment method, shared device or shared organisation rests solely with the Account holder. You are liable for Trial Abuse committed by any person using your payment method, device, credentials or organisation, whether or not you authorised it.

4. FULL-PRICE CHARGE, AUTHORISATION AND RECOVERY

4.1 Trigger. Where MakeUGC determines, acting reasonably and on the basis of the signals described in Section 6, that Trial Abuse has occurred or is likely to have occurred, the Trial licence is void from the outset and MakeUGC is entitled to charge the Full-Price Charge immediately and without further notice.

4.2 Amount. The Full-Price Charge is equal to one hundred per cent (100%) of the standard monthly subscription fee of the Applicable Plan (without any discount, promotional or trial pricing), for each Trial Account obtained in breach of this Trial Policy and for each month or part-month in which Services were accessed under such Account, less any Trial fee actually paid. Where the Applicable Plan is billed annually, the Full-Price Charge is one-twelfth of the annual fee per month or part-month. MakeUGC may, at its option, charge the Full-Price Charge in respect of a single Account only and reserve its rights in respect of the others.

4.3 Nature of the charge. You agree that the Full-Price Charge is the agreed price for the Services actually accessed and consumed under a voided Trial licence, and not a penalty; that it is a genuine pre-estimate of the value of the Services obtained and of MakeUGC's model, infrastructure and administrative costs; and that it is proportionate to MakeUGC's legitimate interest in protecting its promotional programme and its paying customers. To the extent any court or tribunal nonetheless characterises it as a penalty, you agree that it is reduced to the maximum amount enforceable and not voided.

4.4 Authorisation. By completing payment for a Trial you expressly and irrevocably authorise MakeUGC and its payment processors to process the Full-Price Charge automatically against the payment method used for the Trial and against any other payment method associated with any of your Accounts or Linked Accounts; to treat Trial Abuse as your acceptance of immediate conversion of each affected Account to a paid Subscription to the Applicable Plan; and to retry failed charges.

4.5 Debt and recovery. Any Full-Price Charge that is not successfully collected is a contractual debt immediately due and payable. It bears interest at 8% per annum above the Bank of England base rate from the date it became due until payment, compounded monthly, under the Late Payment of Commercial Debts (Interest) Act 1998 where applicable. MakeUGC may refer the debt to a collections agency or commence proceedings, and you will reimburse MakeUGC's reasonable collection, legal and administrative costs.

4.6 No refunds or reversals. No refund, chargeback, reversal or set-off shall be issued or permitted in respect of any Full-Price Charge, and the Refund Policy does not apply to it. Raising a chargeback against a Full-Price Charge is itself a breach of the Terms of Service with the consequences set out there.

4.7 Cumulative remedies. The Full-Price Charge is without prejudice to any other right or remedy of MakeUGC, including damages for breach of contract, injunctive relief, and the enforcement measures in Section 5.

5. ENFORCEMENT MEASURES AND ACCOUNT ACTIONS

5.1 Measures. In addition to the Full-Price Charge, MakeUGC may, at its discretion, without prior notice and without liability, take any one or more of the following actions:

• immediate conversion of the Trial Account, and any Linked Account, to a paid Subscription to the Applicable Plan;
• suspension, restriction or termination of the Trial Account and of all Linked Accounts, including paid Accounts;
• revocation of all Credits, including paid, bonus and promotional Credits, without refund;
• deletion of all Content in the affected Accounts;
• withholding or rescission of the assignment of Output under Section 8;
• permanent revocation of promotional, Trial, referral and affiliate eligibility for you, your business and any Linked Account;
• refusal of future Accounts, Subscriptions or services;
• internal flagging and retention of identifiers (email, name, payment fingerprint, device fingerprint, IP, business) for fraud-prevention purposes;
• reporting to payment processors, card networks and fraud-prevention consortia; and
• where unlawful conduct is suspected, reporting to law enforcement.

5.2 No compensation. Enforcement actions do not give rise to any entitlement to compensation, refund, credit or damages, and MakeUGC is not liable for any loss of Content, Output, data, business or opportunity resulting from them.

5.3 Affiliates and referrers. Where a Trial obtained through an affiliate or referral link is found to be abusive, any commission or referral credit attributable to it is void and may be clawed back under the Affiliate Program Terms.

6. DETECTION, INVESTIGATION AND DATA USE

6.1 Signals. MakeUGC may investigate suspected Trial Abuse using any lawful means, including: technical signals (IP address, geolocation, VPN and proxy detection, device and browser fingerprints, cookies, user-agent and session data); billing data (card fingerprint, BIN, issuing bank, billing address, 3-D Secure results, risk scores from payment processors and fraud-prevention providers); identity data (name, email, domain reputation, disposable-email detection, social and business profiles, company records); behavioural and usage patterns (sign-up velocity, generation patterns, prompts, downloads, template use, time of use); and information from affiliates, resellers, other Users or third parties.

6.2 Automated decisions. Initial Trial Abuse determinations may be made by automated systems. Where an automated determination results in a Full-Price Charge or Account termination, you may request human review under Section 7.

6.3 Standard. A determination of Trial Abuse is made on the balance of probabilities, having regard to the totality of signals. MakeUGC is not required to prove intent. The presence of a single signal is not conclusive, but a combination of signals that is consistent with Trial Abuse is sufficient.

6.4 Data protection. Processing under this Section is carried out on the lawful bases of performance of a contract, legitimate interests in preventing fraud and protecting the Services, and compliance with legal obligations, in accordance with UK GDPR, the Data Protection Act 2018 and the Privacy Policy. Fraud-prevention records are retained for up to seven (7) years. Data may be shared with payment processors, fraud-prevention providers and, where lawful, other parties as described in the Privacy Policy.

7. REVIEW AND DISPUTE OF A DETERMINATION

7.1 How to dispute. If you believe a Trial Abuse determination is wrong, you may request a review by emailing help@makeugc.ai within seven (7) days of the notice (or of the Full-Price Charge appearing on your statement, if earlier), from the Account email, stating the grounds and attaching supporting evidence (for example, evidence that two Accounts belong to unrelated businesses, or that a payment method is not shared).

7.2 Review. A member of MakeUGC's team will review the determination and the evidence and respond within ten (10) business days. MakeUGC may request further information. If the review finds that Trial Abuse did not occur, any Full-Price Charge will be refunded to the original payment method within ten (10) business days and the Account reinstated where practicable. If the review upholds the determination, the decision is final.

7.3 Exclusive route. Section 7.1 is the exclusive route for disputing a determination. Raising a chargeback or payment dispute instead of, or in addition to, a review request forfeits the right to review and is a further breach of the Terms of Service.

7.4 Consumers. Nothing in this Section deprives a consumer of mandatory rights under the law of their country of residence, including the right to bring proceedings in the courts of that country.

8. OUTPUT GENERATED DURING A TRIAL

8.1 Conditional ownership. The assignment to you of Output under Section 3.2 of the Terms of Service is conditional on your compliance with this Trial Policy and on payment in full of all sums due. Output generated under a Trial that is subsequently determined to be abusive is not assigned to you unless and until the Full-Price Charge and any other sums due have been paid in full. Until then, all rights in that Output remain with MakeUGC, and you must not use, publish, distribute or commercialise it.

8.2 Rescission. Where Output generated under an abusive Trial has already been used, MakeUGC may require you to cease use, remove it from all channels and destroy all copies, and may notify platforms on which it is published.

8.3 MakeUGC's licence. MakeUGC's licence to use Output under Section 3.3 of the Terms of Service applies to all Output generated under a Trial, including an abusive Trial, and survives termination.

8.4 Trial restrictions. Trial Output may be watermarked or otherwise marked, and may be limited in resolution, duration or format. Removing or obscuring a watermark is Trial Abuse.

9. CONSENT AND ACKNOWLEDGEMENT

By completing payment for a Trial you confirm and acknowledge that:

• the Trial is limited to one use per individual and per legal entity, for life;
• you will not attempt to create, access or benefit from multiple Trials or Trial Accounts, directly or through others;
• you accept that the use of VPNs, proxies, IP spoofing, device manipulation or other concealment to obtain a Trial is a material breach;
• you expressly and irrevocably authorise MakeUGC to charge the Full-Price Charge to your payment method, and to any other payment method associated with your Accounts or Linked Accounts, if Trial Abuse is identified;
• you accept that the Full-Price Charge is the agreed price for Services obtained and not a penalty, and that it is not refundable or reversible;
• you understand that the Trial converts automatically into a paid Subscription unless cancelled before the Trial Period ends;
• you accept that Output generated under an abusive Trial is not yours until all sums due are paid; and
• you have authority to give these confirmations on behalf of any business or entity for which you are registering.

This consent is given at the point of payment, is not conditional on continued use of the Services, and survives cancellation, termination or closure of the Account.

10. RELATIONSHIP TO OTHER POLICIES, AMENDMENTS, GOVERNING LAW AND CONTACT

10.1 Other policies. This Trial Policy operates alongside and does not limit the Terms of Service, the Refund Policy, the Privacy Policy, the Acceptable Use Policy, the Affiliate Program Terms and any applicable Subscription, order form or Enterprise agreement. The disclaimers, limitations of liability and indemnities in the Terms of Service apply to this Trial Policy. On any matter concerning Trials, this Trial Policy prevails over the other policies.

10.2 Amendments and discontinuation. MakeUGC may amend, suspend or withdraw any Trial or this Trial Policy at any time by posting the revised Trial Policy with a new Effective Date. The version in force at the time you registered for a Trial governs that Trial. Continued use of the Services after an amendment constitutes acceptance of the revised Trial Policy for any later Trial.

10.3 Severability and waiver. If any provision of this Trial Policy is held unenforceable, it is to be modified to the minimum extent necessary or severed, and the remainder continues in full force. No failure or delay by MakeUGC in enforcing this Trial Policy is a waiver.

10.4 Governing law and jurisdiction. This Trial Policy, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, is governed by the laws of England and Wales and is subject to the dispute-resolution provisions (including LCIA arbitration and the class-action waiver) in Section 16 of the Terms of Service. MakeUGC may bring debt-recovery and injunctive proceedings in the courts of England and Wales or of any country where you or your assets are located. Consumers resident in the UK or EU retain the protection of the mandatory consumer law of their country of residence.

10.5 Contact. Enquiries, review requests and notices relating to this Trial Policy: help@makeugc.ai. Data protection: privacy@makeugc.ai. Cinnamon Technology Limited (trading as MakeUGC), company number 15351712, Silverstream House, 45 Fitzroy Street, London, England, W1T 6EB, United Kingdom.