Last updated: March 2025
The Encer platform is operated by ScaleUp S.R.L., with registered office at Corso Magenta 25, 20123 Milano, VAT no. 13743690961 (hereinafter "Controller", "Provider", "we" or "ScaleUp"). ScaleUp is the data controller for personal data processed in connection with the Service, as described in the Privacy Policy.
Access to and use of the Encer platform (the "Service") are subject to your full acceptance of these Terms and conditions and of the Privacy Policy. By registering or using the Service, you confirm that you have read, understood and accepted these terms and the Privacy Policy. If you do not accept them, do not use the Service. For consumers (as defined by applicable law), acceptance may be withdrawn by ceasing use and requesting account closure, without prejudice to obligations already performed.
You must be at least 18 years old and have full legal capacity to enter into binding contracts to use the Service. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms. The Service is intended for both professional/business users and individual users (including creators and consumers); if you qualify as a consumer under Italian or EU law, the mandatory consumer protection provisions apply and the jurisdiction clause below is without prejudice to your right to bring proceedings in the courts of your place of residence where the law so allows.
Encer is a software-as-a-service platform that enables the creation, management and publication of video and image content through AI-based digital creators ("Creators"). The Service includes in particular: (a) creation and management of AI Creators (including appearance, voice, outfits and wardrobe items); (b) generation of images and videos (including script generation, text-to-speech, lip-sync and scene composition) using Creators and optional company or location context; (c) organisation of content in campaigns and folders; (d) calendar and scheduling of content for publication; (e) company profile and website analysis (e.g. scraping and AI-assisted profiling) where available for your workspace; (f) personal and company workspaces with separate billing scopes; (g) subscription plans and a credit system for consumption of AI features (e.g. video creation, image generation); (h) upload and storage of media (images for Creators, outfits, wardrobe, environments) within the limits of the plan and acceptable use; (i) administrative functions for designated roles (e.g. management of global Creators, outfits, wardrobe, companies). The Service is provided "as is" and may be modified, suspended or discontinued by ScaleUp at any time, with notice where reasonably possible. Availability depends on third-party providers (e.g. AI, hosting, payment); we do not guarantee uninterrupted or error-free operation.
Registration and, where applicable, email verification are required to use the Service. You agree to provide accurate and up-to-date information and to keep your credentials confidential. You are responsible for all activity under your account. In case of unauthorized use, contact us immediately. We may use technical and security measures (e.g. detection of new devices or locations, blocking) to protect the Service and your account; you must not circumvent them. Account and billing may be personal or linked to a company workspace as permitted by the platform.
You must not share your login credentials (e.g. password, access tokens) with any third party. Any sharing of credentials is at your sole risk and in breach of these terms; you remain fully responsible for all use of the account, including by anyone who gains access through your credentials. You are solely responsible for any unauthorized access that results from your failure to safeguard credentials, from credential sharing, or from access granted to team members or other persons. If multiple users access the account (e.g. within your organisation or team), you are responsible for their actions as if they were your own; we are not liable for misuse by you or anyone using your account.
You agree to use the Service in compliance with all applicable laws (including, where relevant, EU Regulation 2024/1689 on AI and national rules on disclosure of AI-generated or synthetic media). You must not use the Service for unlawful, defamatory, harassing, or fraudulent purposes; to impersonate real persons without their consent or in a way that could mislead the public as to the synthetic nature of the content; to infringe intellectual property, privacy or other rights of third parties; or to create content that exploits minors or promotes violence or illegal activity. You may not attempt to access unauthorized systems or data, interfere with the operation of the Service, upload malware or harmful content, or abuse the API or infrastructure. You are solely responsible for ensuring that your use of AI-generated content (including disclosure that content is synthetic where required by law) complies with applicable regulations and platform policies of the channels where you publish.
Content you upload and content generated through the Service (videos, images, scripts, text) remains your property to the extent you hold rights in the inputs and subject to these terms. You grant ScaleUp a limited, non-exclusive, worldwide, royalty-free license to use, store, process and display such content solely to provide, improve and operate the Service (e.g. hosting, transcoding, AI processing). The software, design, trademarks and documentation of Encer remain the property of ScaleUp or its licensors. We do not claim ownership of your outputs. You are responsible for ensuring that you have the legal right to use any personal data, images, or voice data uploaded to the Service. You represent that you have the necessary rights to any inputs you provide (including images and likenesses used for Creators) and that your use of generated content will not violate third-party rights. ScaleUp does not guarantee that generated content is free of third-party rights (e.g. likeness, trademark) or suitable for any particular use; you use it at your own risk and are responsible for obtaining any clearances and for disclosure obligations (e.g. synthetic content) where required.
AI-generated outputs may be inaccurate, incomplete, similar to existing content (including third-party works), or otherwise problematic. You are solely responsible for reviewing and validating any output before use. You are fully responsible (100%) for any use you make of the outputs generated through the Service; ScaleUp does not warrant the accuracy, originality, or fitness for purpose of AI-generated content.
Access to paid features is subject to subscription plans (e.g. free, starter, creator, pro, business). Subscriptions are billed in advance (e.g. monthly or annually) via the payment provider (Stripe). Prices and payment terms are displayed before purchase; payment is due in accordance with the chosen plan. You may upgrade, change plan or cancel the subscription through the platform settings or the Stripe Customer Portal; cancellation takes effect at the end of the current billing period. Unless otherwise required by mandatory law, fees already paid are non-refundable; we may, at our discretion, refund credits technically (e.g. when a video or image generation fails after credits were consumed) but are not obliged to refund subscription fees. Failed or disputed payments may result in suspension of paid features until resolved. All billing is in the currency and according to the terms shown at checkout; for consumers, the right of withdrawal under applicable distance-selling rules may apply as set out in the offer or by law.
Credits included in subscription plans allow you to generate content (including images, videos and audio) up to the maximum amount of credits available in your balance. Each action consumes a defined number of credits based on the type of operation and the pricing in effect at the time of use.
Credits: have no monetary value; are non-transferable; are non-refundable, except where required by applicable law or explicitly stated otherwise.
In addition to credit consumption, the use of the Service is subject to fair usage limits to ensure system stability, performance and availability for all users.
ScaleUp reserves the right to: apply rate limits (e.g. number of requests per minute/hour); limit concurrent or automated requests; temporarily restrict or suspend access in case of excessive, abusive or anomalous usage; prioritize or queue requests during peak usage periods.
Use of scripts, bots or automated systems to generate content at scale, unless explicitly authorized, is prohibited.
These limitations may apply even if you still have available credits.
We may update credit costs and fair usage limits at any time for technical or economic reasons.
Personal data is processed in accordance with our Privacy Policy and with Regulation (EU) 2016/679 (GDPR) and applicable national law. By using the Service you acknowledge that data may be processed by us and by sub-processors (e.g. hosting, email, AI and analytics providers) for the purposes described in the Privacy Policy. You are responsible for ensuring that any personal data you upload or instruct us to process (e.g. in company profiles or Creator inputs) is lawfully provided and that you have the necessary legal basis and, where required, consent.
You are responsible for ensuring that you have the legal right to use any personal data, images, or voice data uploaded to the Service.
Where users process personal data of third parties through the Service, they act as independent data controllers.
To the fullest extent permitted by applicable law, ScaleUp shall not be liable for indirect, consequential, punitive or special damages (including loss of profit, data or goodwill) arising from the use or inability to use the Service, from AI-generated output, from the conduct of third-party providers (e.g. AI, payment, hosting), or from unauthorised access to your account due to circumstances not attributable to us. Our total aggregate liability to you for any claims arising out of or in connection with the Service shall not exceed the amount actually paid by you in the twelve (12) months preceding the event giving rise to the claim. Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under Italian or mandatory applicable law.
You may close your account at any time via the platform settings or by contacting us. ScaleUp reserves the right to suspend or terminate your account or access to the Service in case of breach of these terms, for operational or security reasons, or for non-payment, with notice where reasonably possible (or without notice where necessary for security or legal compliance). Misuse of AI, creation or distribution of harmful content, abuse of the Service or of other users, or any conduct that we reasonably consider to be harmful or in bad faith may result in immediate suspension or permanent termination of your account without prior notice. Upon termination, your right to use the Service ceases; we will handle personal data in accordance with our Privacy Policy and retention policy. Upon account deletion, user-generated content is deleted or anonymised within a reasonable timeframe, unless retention is required by law. Provisions that by their nature should survive (including intellectual property, limitation of liability, governing law) shall remain in effect.
ScaleUp may modify these Terms and conditions. Material changes will be communicated by email and/or by a clear notice on the platform in advance of their effective date. Continued use of the Service after the effective date of the changes constitutes acceptance of the new terms. If you do not agree, you must stop using the Service and may close your account. For consumers, where the law requires, we will obtain your express consent to material changes or inform you of your right to terminate without penalty.
These terms are governed by the law of the Italian Republic. For any dispute arising out of or in connection with these terms or the Service, the courts of Milan shall have exclusive jurisdiction, without prejudice to the right of consumers to bring proceedings in the courts of their place of residence under Article 19 of Regulation (EU) No 1215/2012 (Brussels I bis) or applicable national rules. The European Commission's online dispute resolution platform (ec.europa.eu/consumers/odr) is available for consumers.
For any question regarding these Terms and conditions or the Service, you may contact us at ScaleUp S.R.L., registered office at Corso Magenta 25, 20123 Milano, or by email at hello@scaleupstudio.ai.
ScaleUp S.R.L. · Registered office: Corso Magenta 25, 20123 Milano · VAT no. 13743690961