Privacy Policy

This Privacy Policy (this “Policy”) explains how Kutly, LLC (“Kutly,” the “Company,” “we,” “us,” or “our”) collects, uses, discloses, and protects information in connection with kutly.io and the related products, websites, applications, and services we provide (collectively, the “Service”). It also describes the choices and rights you have regarding that information.

Kutly, LLC is a Delaware limited liability company. The Service is an artificial-intelligence tool that generates long-form video content—including scripts, synthesized voiceovers, compiled stock footage, AI-generated motion graphics, and suggested titles—from text prompts you provide, and that can also assemble videos from audio that you upload.

This Policy is incorporated into and forms part of our Terms of Service (the “Terms”). Capitalized terms that are not defined here have the meaning given to them in the Terms. If there is a conflict between this Policy and the Terms with respect to the processing of personal information, this Policy governs that subject.

Please read this Policy carefully. By accessing or using the Service, you acknowledge that you have read and understood it. Where applicable law requires your consent for a specific processing activity, we will obtain that consent as described below.

Quick summary (for convenience only — the full Policy controls):

• What we collect: your account and contact details; billing information (handled by our payment processor); the prompts you submit and any audio or files you upload; the videos and assets we generate for you; and technical and usage data.

• Why we use it: to operate, secure, and improve the Service, process payments, communicate with you, and comply with law.

• How we share it: with vendors that process data on our behalf (such as our payment, cloud-hosting, voice-synthesis, and analytics providers) and where law or safety requires. We do not sell your personal information, we do not “share” it for cross-context behavioral advertising, and we do not use your content to train AI models without your consent.

• How long we keep it: audio you upload is deleted within up to 72 hours, your prompts and generated videos are deleted approximately 30 days after creation, and your data is deleted when you close your account, subject to limited legal exceptions.

• Your choices: depending on where you live, you may have rights to access, correct, delete, port, or restrict your information, and to opt out of certain processing. Contact us at legal@kutly.io.

1. Scope of This Policy

This Policy applies to information we collect through the Service and in our communications with you. It applies to visitors to our Site, registered account holders, and people who contact us. It does not apply to third-party websites, products, or services that we do not control, or to third parties who use the Service to create their own content (their own privacy practices and terms govern that activity).

In this Policy, “personal information” and “personal data” mean information that identifies, relates to, describes, or could reasonably be linked, directly or indirectly, with an identified or identifiable individual. We use the two terms interchangeably and give them the meaning required by the law that applies to you.

This Policy addresses the requirements of several privacy laws, including the California Consumer Privacy Act and other U.S. state laws and, where applicable, the GDPR. Not every provision applies to every user: a given section — including the rights and disclosures below — applies to you only to the extent the relevant law applies to our processing of your personal data, which generally depends on where you are located. The Service is operated from the United States and is directed primarily to users in the United States.

2. Information We Collect

2.1 Information you provide to us

• Account and registration information. When you create an account, we collect your email address, a username, and any name or profile details you choose to provide. Account creation and sign-in are handled by our third-party authentication provider (Clerk), which processes your log-in credentials on our behalf; we do not store your password.

• Billing and subscription information. When you purchase a plan, our payment processor (Stripe) collects and processes your payment details, such as your payment-method information and billing contact details. We do not receive or store your full payment-card number. We receive limited information such as a transaction identifier, the last four digits and type of your card, expiration date, billing country and postal code, and your subscription and payment status, which we use to manage your subscription, credits, invoices, and refunds.

• Your content (inputs). We collect the text prompts and instructions you submit and, in the Voiceover-to-Video mode, the audio recordings and any other files you upload. We refer to this collectively as “User Content,” consistent with the Terms.

• Generated output. We process and temporarily store the scripts, voiceovers, footage compilations, motion graphics, titles, and finished videos that the Service produces in response to your inputs.

• Communications and support. We collect the information you provide when you contact us, request support, respond to a survey, or otherwise correspond with us, including the content of your messages and any attachments.

2.2 Information we collect automatically

• Usage data. Actions you take in the Service, features used, generations requested, credits consumed, pages or screens viewed, and the dates and times of your activity.

• Device and technical data. Your IP address, browser type and version, operating system, device identifiers, language settings, referring and exit pages and URLs, and the approximate location inferred from your IP address.

• Cookies and similar technologies. As described in Section 7.

2.3 Information we receive from third parties

• Payment processor. Confirmation of payment, subscription status, and fraud or chargeback signals from Stripe.

• Analytics providers. Aggregated and event-level usage information from the analytics tools we use (such as PostHog) to understand how the Service is used.

• Identity providers. If you choose to register or sign in using a third-party identity provider (where offered), we may receive basic profile information, such as your email address, from that provider in accordance with its terms and your settings.

2.4 Sensitive information — please choose your inputs carefully

We do not request sensitive personal information to provide the Service, and we ask that you not include sensitive personal information (for example, government identifiers, financial account details, health information, or information revealing racial or ethnic origin, religious beliefs, or similar categories) in your prompts or uploads unless it is necessary. You are responsible for the content of your inputs, and any personal information they contain will be processed to provide the Service as described in this Policy and the Terms.

Special category data (EEA/UK). Certain information — such as data revealing racial or ethnic origin, political opinions, or religious or philosophical beliefs, as well as genetic or biometric data, and data concerning health, sex life, or sexual orientation — receives additional protection under the GDPR as “special category data.” We do not knowingly or intentionally collect or process special category data; it is not required to use the Service; and you must not submit it. We recognize that you may inadvertently include such data when you enter prompts or upload materials or audio. Where that happens, any incidental processing by our automated systems is carried out securely and solely to provide the Service. If you become aware that special category data has been provided to us, please contact us at legal@kutly.io so that we can delete it.

3. How We Use Information

We use the information described above for the following purposes:

• Provide the Service. Create and administer your account; authenticate you; process your prompts and uploads; generate, store, and deliver scripts, voiceovers, footage, graphics, titles, and videos; manage your credits; and make features available to you.

• Payments and subscriptions. Process payments; manage renewals, upgrades, and downgrades; apply or restore credits; issue invoices and refunds; and detect and prevent payment fraud, in accordance with the Terms.

• Communicate with you. Send transactional and administrative messages (such as confirmations, security and billing notices, renewal and price-change notices, and updates to our policies); respond to your inquiries and provide support; and, where permitted, send service-related or promotional messages from which you can opt out.

• Operate, secure, and improve. Monitor, maintain, troubleshoot, and secure the Service; prevent, detect, and investigate fraud, abuse, security incidents, and violations of the Terms or our Acceptable Use Policy; debug and improve features and performance; and develop new features.

• Comply with law and protect rights. Comply with legal obligations; respond to lawful requests and legal process; enforce our agreements; establish, exercise, or defend legal claims; and protect the rights, property, and safety of Kutly, our users, and others.

Use of your content for model training. We do not use your User Content or other personal information to train artificial-intelligence or machine-learning models without your consent. We may, however, create and use aggregated or de-identified information that does not identify you, and that we will not attempt to re-identify, to operate, analyze, and improve the Service.

4. Legal Bases for Processing (EEA, UK, and Switzerland)

To the extent the GDPR (or its UK or Swiss equivalents) applies to our processing of your personal data — generally where you are located in the European Economic Area, the United Kingdom, or Switzerland — we process that data only where we have a legal basis to do so. Where it applies, the legal bases we rely on are summarized below.

Where we rely on legitimate interests, you may object as described in Section 11. Where we rely on consent, withdrawing it does not affect the lawfulness of processing carried out before withdrawal.

5. How We Disclose Information

We do not sell your personal information, and we do not “share” it for cross-context behavioral advertising, as those terms are defined under applicable U.S. state privacy law. We disclose information only as described in this Section.

5.1 Service providers and sub-processors

We share information with vendors and service providers that process it on our behalf and under our instructions, subject to confidentiality and data-protection obligations, in order to provide the Service. These include:

We may engage additional service providers as the Service evolves. A current list of our principal sub-processors is available on request at legal@kutly.io.

Note on synthesized and uploaded audio. To generate voiceovers, we send the relevant text to a third-party text-to-speech provider, which returns synthesized audio. In the Voiceover-to-Video mode, audio that you upload is processed by us and our providers to assemble your video. We do not use uploaded or synthesized audio to create biometric voiceprints or other biometric identifiers, and we do not use voice or audio to identify any individual.

5.2 Legal, safety, and compliance

We may disclose information if we believe in good faith that doing so is reasonably necessary to: (a) comply with applicable law, regulation, legal process, or a governmental or law-enforcement request; (b) enforce the Terms and our Acceptable Use Policy, including investigating potential violations; (c) detect, prevent, or address fraud, security, or technical issues; or (d) protect the rights, property, or safety of Kutly, our users, or the public.

5.3 Business transfers

If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, or sale of all or a portion of our assets, information may be transferred as part of that transaction. We will take reasonable steps to require the recipient to honor this Policy or to notify you of any materially different practices.

5.4 With your direction or consent

We may share information with third parties when you direct us to do so or otherwise consent.

5.5 Aggregated or de-identified information

We may create and use aggregated or de-identified information that does not identify you and disclose it for any lawful purpose. We will maintain and use such information only in de-identified form and will not attempt to re-identify it, except as permitted by law.

6. Automated Processing and AI Features

The Service uses automated and artificial-intelligence systems to generate creative output from your inputs. These systems produce videos and related assets; they do not evaluate you or make decisions about you. We do not use your personal information to make decisions that produce legal or similarly significant effects concerning you through solely automated means.

The AI-generated visual elements the Service produces are limited to graphics such as charts and motion graphics; the Service is not designed to create photorealistic synthetic depictions of real people. You are responsible for your use of generated output, including any applicable content-disclosure obligations, as described in the Terms and our Acceptable Use Policy.

7. Cookies and Similar Technologies

We and our service providers use cookies and similar technologies (such as local storage and pixels) to operate and secure the Service, remember your settings and session, understand usage, and improve the Service. We use:

• Strictly necessary technologies that are required to provide core functionality, such as authentication, session management, security, and processing payments through our payment provider; and

• Analytics technologies that help us understand how the Service is used and improve it. Where feasible, we configure analytics to minimize the use of cookies.

You can control cookies through your browser settings, and — where required by law — we will request your consent for non-essential cookies through a consent mechanism on the Service.

Do Not Track and Global Privacy Control. Because there is no common industry standard for “Do Not Track” signals, we do not currently respond to them. We do, however, treat recognized opt-out preference signals, such as the Global Privacy Control (GPC), as a valid request to opt out of any “sale” or “sharing” of personal information for the browser or device from which we receive the signal, to the extent required by applicable law.

8. Data Retention

We keep personal information only for as long as needed for the purposes described in this Policy, unless a longer period is required or permitted by law.

• Audio you upload. Audio you upload for the Voiceover-to-Video feature is automatically deleted within a short period after upload — currently up to 72 hours — and sooner if you delete it or close your account.

• Prompts and generated output. The text prompts you submit, together with the related generated output, are automatically deleted approximately thirty (30) days after they are created, and sooner if you delete them or close your account.

• Usage and technical data. Product-analytics, usage, and technical and log data are retained for as long as your account is active and as needed to provide, secure, and improve the Service, and are deleted or de-identified when you close your account. We may retain aggregated or de-identified data, which does not identify you, for longer. Records relating to your credits, purchases, and payments are retained as described under “Billing and transaction records” below.

• Account information. We retain your account information for as long as your account is active. When you close your account, we delete or de-identify your account and profile information — including by instructing the providers that hold it on our behalf (such as our authentication and database providers) to delete it — within 30 days, except for the records described below.

• Billing and transaction records. We retain billing, transaction, and related consent and communication records for as long as required to comply with tax, accounting, and other legal obligations, to resolve disputes, and to enforce our agreements. These records may be kept after your account is closed and are retained only for those purposes.

• Backups. Residual copies may remain in routine backups for a limited period after deletion and are overwritten or deleted in the ordinary course, generally within 90 days.

9. Data Security

We maintain administrative, technical, and organizational measures designed to protect personal information against unauthorized access, disclosure, alteration, and destruction, including encryption in transit, access controls, and pseudonymization (we keep the information that directly identifies you separate from your application data and content, linking them only by an opaque identifier). No method of transmission over the internet or method of electronic storage is completely secure, however, and we cannot guarantee absolute security.

You are responsible for keeping your account credentials confidential and for using a strong, unique password. Please notify us promptly at legal@kutly.io if you believe your account has been compromised. If we become aware of a personal-data breach that affects you, we will notify you and the relevant authorities as and when required by applicable law.

10. International Data Transfers

Kutly is based in the United States, and our personnel and service providers are located in the United States and other countries. When you use the Service, your information may be transferred to, stored in, and processed in the United States and other countries that may have data-protection laws different from those in your own jurisdiction.

Where we transfer personal data from the EEA, the United Kingdom, or Switzerland to a country that has not received an adequacy decision, we rely on appropriate safeguards to protect that data. These safeguards may include the European Commission’s Standard Contractual Clauses (together with the UK International Data Transfer Addendum and the Swiss equivalent); where applicable, transfers to recipients certified under the EU-U.S. Data Privacy Framework and its UK and Swiss extensions; or other lawful transfer mechanisms. You may contact us at legal@kutly.io to request more information about the safeguards we use.

11. Your Privacy Rights

Depending on where you live and subject to applicable law, you may have some or all of the following rights regarding your personal information:

• Access or know — confirm whether we process your personal information and obtain a copy or description of it;

• Correct — correct inaccurate personal information;

• Delete — request deletion of your personal information;

• Portability — receive certain information in a portable, machine-readable format;

• Opt out — opt out of the “sale” or “sharing” of personal information, targeted advertising, and certain profiling (note: we do not sell or share personal information, and we do not use it for targeted advertising or such profiling);

• Restrict or object — restrict or object to certain processing; and

• Withdraw consent — where we rely on consent, withdraw it at any time.

How to exercise your rights. You can delete your account at any time using the account-deletion option in your account settings. You can also email legal@kutly.io to request deletion of your personal data or to exercise any of your other rights. When you delete your account or we complete a verified deletion request, we delete your personal data as described in Section 8 (Data Retention), except for information we are required or permitted to keep by law, such as accounting, tax, and compliance records. We will verify your request as required by law, which may involve confirming control of your account email or requesting additional information, and we will respond within the timeframe required by applicable law. You may use an authorized agent to submit a request where the law permits; we may require verification of the agent’s authority. We will not discriminate against you for exercising your rights.

Appeals. If we decline your request, you may appeal by replying to our response or emailing legal@kutly.io with the subject line “Privacy Appeal.” Depending on your jurisdiction, you may also have the right to contact your state attorney general or data-protection authority.

11.1 EEA, UK, and Switzerland (GDPR)

If you are in these regions, and to the extent the GDPR (or its UK or Swiss equivalents) applies to our processing of your personal data, in addition to the rights above you have the right to object to processing based on our legitimate interests or for direct marketing; to request restriction of processing; and to lodge a complaint with your local supervisory authority (in the UK, the Information Commissioner’s Office; in Switzerland, the Federal Data Protection and Information Commissioner; and in the EEA, your national data-protection authority). You also have the right not to be subject to a decision based solely on automated processing that produces legal or similarly significant effects, which we do not carry out, as described in Section 6. We would welcome the opportunity to address your concerns before you approach a regulator, so please consider contacting us first.

11.2 California (CCPA/CPRA)

If you are a California resident, the California Consumer Privacy Act, as amended by the California Privacy Rights Act (together, the “CCPA”), provides you with specific rights. This Section, together with Sections 2 and 3, serves as our notice at collection.

Categories of personal information we collect. Within the preceding twelve (12) months, we have collected the following statutory categories of personal information:

We collect these categories from the sources described in Section 2, use them for the business and commercial purposes described in Section 3, and disclose them to the categories of recipients described in Section 5. Within the preceding twelve (12) months, we have disclosed identifiers, customer records, commercial information, internet or network activity, geolocation data, and audio/visual information to our service providers for the business purposes described above.

No sale or sharing. We do not sell personal information, and we have not sold personal information within the preceding twelve (12) months. We do not share personal information for cross-context behavioral advertising.

Sensitive personal information. We use sensitive personal information only to provide the Service and for other purposes permitted under the CCPA that do not trigger the right to limit, and we do not use or disclose it to infer characteristics about you.

Your California rights. You have the right to know and access, delete, and correct your personal information; to opt out of the sale or sharing of personal information (not applicable, because we do not sell or share); to limit the use of sensitive personal information (we already limit our use as described above); and to be free from discrimination for exercising your rights.

Shine the Light. Under California Civil Code § 1798.83, California residents may request information about disclosures of personal information to third parties for those third parties’ direct-marketing purposes. We do not disclose personal information to third parties for their own direct-marketing purposes.

Financial incentives. We do not offer financial incentives or price or service differences in exchange for the retention or sale of personal information.

11.3 Other U.S. State Privacy Laws

If you are a resident of a U.S. state that has enacted a comprehensive consumer-privacy law — for example, Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, Florida, Delaware, Iowa, Nebraska, New Hampshire, New Jersey, Tennessee, Minnesota, Maryland, Indiana, Kentucky, and Rhode Island, and other states as their laws take effect — you may have rights similar to those described above, including the rights to access, correct, delete, and obtain a portable copy of your personal data, and to opt out of targeted advertising, the sale of personal data, and certain profiling. As noted, we do not sell personal data, use it for targeted advertising, or engage in profiling that produces legal or similarly significant effects. You may exercise these rights and appeal a decision as described above. Some of these laws apply only to businesses that meet certain thresholds; we honor verified requests as required by the laws that apply to us.

12. Children’s Privacy

The Service is intended for adults and is not directed to children. You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to use the Service. We do not knowingly collect personal information from anyone under 18. If you believe that a person under 18 has provided us with personal information, please contact us at legal@kutly.io, and we will take appropriate steps to delete it.

13. Third-Party Sites and Services

The Service may contain links to, or interoperate with, third-party websites, products, and services that we do not control. This Policy does not apply to those third parties, and we are not responsible for their privacy practices. We encourage you to review the privacy policy of any third party before providing it with your information.

14. Changes to This Policy

We may update this Policy from time to time. When we do, we will revise the “Last Updated” date above and post the updated Policy on the Service. If we make material changes, we will provide reasonable advance notice through the Service or by email before the changes take effect, except where an immediate change is required by law. Changes apply prospectively. Your continued use of the Service after the effective date of an updated Policy constitutes your acceptance of it to the extent permitted by law; where applicable law requires your consent to a change, we will obtain it. If you do not agree to a change, you may stop using the Service and close your account before the change takes effect.

15. Contact Us

If you have questions, requests, or complaints about this Policy or our handling of your information, please contact us at:

Kutly, LLC

131 Continental Dr, Suite 305

Newark, DE 19713, USA

Email: legal@kutly.io

EEA / UK individuals. You may contact us directly at legal@kutly.io. Where the GDPR applies to you, you may also have the right to lodge a complaint with your local supervisory authority.

This Policy is governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, except that your statutory privacy rights are governed by the laws of your jurisdiction.