Welcome to Lucidream!
Lucidream offers a cloud-based, AI-powered platform on which an agent (“Lucid”) helps creators turn their audio and video episodes into distributable content — including transcription and analysis, clip generation, written drafts such as newsletters and social posts, scheduling, and publishing to connected third-party platforms — available online at lucidream.io and via applications that link to these Terms (together, the “Platform”).
These Terms of Service (the “Terms”), together with any policies referenced and incorporated herein (including our Privacy Policy), govern your access to and use of the Platform provided by Spice POD, Inc. (“Lucidream,” “we,” “us”). These Terms are between Lucidream and you, either individually or on behalf of your employer or another entity you represent. If you enter into these Terms on behalf of an entity, you represent that you have full authority to bind that entity and its affiliates, in which case “you” and “your” refer to that entity and its affiliates.
You affirm your consent to these Terms by (i) accessing or using the Platform, (ii) creating or administering an account, or (iii) signing an order form. If you do not agree to these Terms, or do not have authority to bind your employer or another entity, please do not accept these Terms or use the Platform.
You may not use or access the Platform if you are a direct competitor of Lucidream, except with our prior written consent, and you may not use the Platform for benchmarking or any other competitive purpose.
THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST LUCIDREAM TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS — NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING — AND THAT YOU MAY NOT BE ABLE TO HAVE CLAIMS AGAINST LUCIDREAM RESOLVED BY A JURY OR IN A COURT OF LAW. SEE SECTION 14.
1.1 Modification or discontinuation. Lucidream reserves the right to add, modify, or discontinue any feature or functionality of the Platform at any time. Where a change materially reduces the core functionality of a paid subscription, we will use reasonable efforts to notify you in advance.
1.2 Age. You represent that you are of legal age in your jurisdiction to form a binding contract, and in any event at least eighteen (18) years old. Persons under eighteen (18) are not permitted to use the Platform.
2.1 Account. You access and use the Platform via a user account. You must provide accurate and complete information when creating an account and keep it current. Account credentials may not be shared or transferred. You are responsible for maintaining the security and confidentiality of your credentials, for all activity that occurs through your account, and you agree to notify us immediately in writing at support@lucidream.io upon becoming aware of any unauthorized access or use. Lucidream may assume that any communication or instruction received from your account has been made by you, and may suspend your account if we reasonably suspect use that violates these Terms. If you use the Platform on behalf of a business, you are responsible for controlling who becomes a user under your account and for the actions those users take, which will be considered authorized by you.
2.2 Connected services. The Platform lets you connect third-party accounts and services — for example YouTube, X, TikTok, Instagram, Spotify, Substack, or scheduling and email providers (“Connected Services”). By connecting a service, you authorize Lucidream and Lucid to access it and to take the actions you direct through the Platform — including retrieving your episodes and channel data, and publishing, scheduling, or distributing Content and Output on your behalf. Each Connected Service is governed by its own terms, and your use of it is solely between you and that provider. You are responsible for ensuring that your use of the Platform with a Connected Service complies with that service’s terms. Lucidream makes no representations or guarantees regarding Connected Services, including their continued availability or the continued availability of their APIs.
2.3 Export controls and sanctions. The Platform may be subject to U.S. and other applicable export control and sanctions laws. You represent and warrant that you will not access, use, export, or re-export the Platform in violation of such laws, that you are not located in or ordinarily resident in any comprehensively sanctioned jurisdiction, and that you are not listed on, or owned or controlled by any person listed on, any applicable government restricted or sanctions list.
3.1 Ownership. All intellectual property rights in the Platform — including software, models, APIs, design, text, graphics, and the Lucidream and Lucid names, logos, and marks (excluding your Content and Output) — and all derivatives, modifications, and improvements thereof (the “Lucidream IP”) belong exclusively to Lucidream or its licensors. No title or ownership is transferred to you. All rights not explicitly granted are reserved.
3.2 License to you. Subject to these Terms, Lucidream grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to access and use the Platform during the Term. Any use of the Platform other than as permitted by these Terms is strictly prohibited.
3.3 Restrictions. Except as explicitly permitted in these Terms, you may not, and shall not allow any third party to: (i) reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Lucidream IP; (ii) resell, lease, sublicense, or distribute the Lucidream IP or provide remote access to the Platform to any third party; (iii) claim any proprietary interest in the Lucidream IP; (iv) use Lucidream’s names, trademarks, or logos without permission; (v) take any action that imposes an unreasonable or disproportionately large load on the Platform or its supporting infrastructure; (vi) use the Platform to mislead, defraud, impersonate, defame, threaten, bully, or harass anyone; (vii) purchase multiple subscription plans concurrently to circumvent plan limits or the upgrade process; or (viii) use any robot, spider, scraper, or other automated data-gathering or extraction tool to access, acquire, copy, or monitor the Platform or any portion of it.
3.4 Customer reference. You agree that Lucidream may use your name and/or logo to identify you as a customer on our website and marketing materials. You may revoke this permission at any time by contacting support@lucidream.io.
3.5 Feedback. If you provide suggestions, feature requests, or other feedback, you irrevocably assign to Lucidream all right, title, and interest in that feedback (or, where such assignment is prohibited by law, grant Lucidream an exclusive, transferable, worldwide, royalty-free, fully paid-up license, including the right to sublicense, to use and exploit it). We are not obligated to use any feedback, and you have no right to compel its use.
Either party (the “Disclosing Party”) may disclose to the other (the “Receiving Party”) confidential information regarding its technology and business (“Confidential Information”). Lucidream’s Confidential Information includes non-public pricing. The Receiving Party agrees to keep Confidential Information confidential and not to disclose or use it except to support its use or provision of the Platform. Confidential Information does not include information that: (a) was already lawfully known to, or independently developed by, the Receiving Party without access to Confidential Information; (b) was received from a third party without restriction; or (c) is publicly available without breach. Either party may disclose Confidential Information to the limited extent required by law, with prompt notice to the other party where legally permitted. These obligations survive termination for three (3) years.
5.1 Privacy Policy. Our collection and handling of personal data is described in the Lucidream Privacy Policy, which is incorporated into these Terms by reference.
5.2 Anonymous information. We may collect, use, and disclose aggregated or otherwise de-identified information that does not enable identification of a specific individual, for the purpose of providing, improving, and publicizing our products and for other lawful business purposes. Lucidream owns all such anonymous information.
5.3 Data processing. To the extent your Content includes personal data of third parties (for example, your guests), Lucidream processes it on your behalf as a processor or service provider in accordance with our data processing terms and the Privacy Policy. You are responsible for having the necessary rights and consents to submit such personal data to the Platform.
6.1 Your license to Lucidream. “Content” means any materials, files, recordings, video, audio, voice, text, data, links, trademarks, logos, or branding assets you import, upload, link, connect, submit, store, or otherwise provide to the Platform. You grant Lucidream a limited, non-exclusive, royalty-free, worldwide license to host, copy, store, transcribe, analyze, index, display, reproduce, and modify your Content, and to create derivative works from it (such as clips, captions, translations, and written drafts), solely to the extent required to provide the Platform and related services — including publishing and distributing Content and Output to Connected Services when and as you direct.
6.2 Ownership. Your Content is and remains yours. As between you and Lucidream, and to the extent permitted by applicable law, the Output generated for you from your Content also belongs to you, subject to Section 7.
6.3 Your responsibilities. You represent, warrant, and covenant that: (i) your Content is true, accurate, and not misleading or fraudulent; (ii) you own your Content or have all licenses, rights, consents, and permissions necessary to use it on the Platform, including all necessary consents from every identifiable person appearing in it; (iii) your Content and its use on the Platform do not and will not infringe any third-party rights, including intellectual property, publicity, and privacy rights; (iv) your Content contains no viruses or other harmful code; (v) your Content is not obscene, defamatory, hateful, pornographic, or otherwise unlawful; and (vi) your Content will not create any liability for Lucidream. We do not permit copyrighted content on the Platform unless you own it or have all rights necessary to use it. While Lucidream is not obligated to screen or monitor Content, we reserve the right to review and remove any Content that, in our judgment, violates these Terms, third-party rights, or applicable law.
6.4 Backup. The Platform is not intended as a storage, backup, or archiving service. You are responsible for maintaining your own copies of your Content. Outputs and renders on free plans may expire and be deleted as described on our pricing page.
6.5 Copyright complaints (DMCA). Lucidream responds to copyright infringement notices that comply with the Digital Millennium Copyright Act. If you believe content on the Platform infringes your copyright, send a notice containing the information required by the DMCA (identification of the work, its location on the Platform, your contact details, a good-faith statement, an accuracy statement, and your signature) to: Spice POD, Inc., Attn: Copyright Agent, support@lucidream.io, Subject: “Copyright Infringement.” Counter-notifications may be sent to the same address with the information required by the DMCA. Where appropriate, Lucidream may terminate the accounts of repeat infringers.
7.1 Nature of the service. The Platform uses artificial intelligence, including third-party AI models and technologies, to generate transcripts, clips, captions, text, images, and other content (“Output”) in response to your Content, prompts, and instructions (“Input”). Input and Output are both Content under these Terms. You acknowledge that your Inputs and Outputs may be processed by Lucidream and by our third-party AI providers to the extent necessary to operate and deliver the Platform. Our third-party providers are not permitted to use your Inputs or Outputs to train or improve their own models. Any use by Lucidream of Content to improve our own models and services is described in, and governed by, our Privacy Policy.
7.2 Agent actions. Lucid can take actions on your behalf — including rendering, scheduling, publishing, and distributing content to Connected Services — when you direct it to do so through the Platform. Actions taken by Lucid at your direction, or under automations you have enabled (such as channel subscriptions or scheduled publishing), are attributed to you. You are responsible for reviewing Output before it is published, and for everything published to your channels through the Platform. Where an action will consume paid credits, the Platform will present the cost before the action runs.
7.3 Output quality. Due to the nature of AI technology, Output may contain errors, may not be unique, and similar output may be generated for other users. The copyright status of AI-generated output is evolving and may be uncertain in some jurisdictions, which could limit the enforceability of intellectual-property rights in Output. Lucidream does not independently review Output for accuracy, bias, or intellectual-property clearance, and cannot promise that Output is error-free or free from third-party claims. You are solely responsible for reviewing and verifying that Output is accurate, appropriate, lawful, and non-infringing before you rely on, publish, or otherwise use it.
7.4 Restrictions. You may use the AI features only to create Output within the Platform. You must not use the AI features or any Output: (i) to build or train competing models or develop competing products; (ii) in violation of applicable law or these Terms; (iii) in a manner that infringes third-party rights; (iv) to falsely represent AI-generated content as human-generated where disclosure is required by law or platform policy; or (v) to supply Inputs intended or likely to yield infringing, unlawful, or otherwise improper Output. You assume all risk arising from your use of the AI features and any Output.
8.1 Fees. In consideration for your subscription, you shall pay the fees set out on our pricing page or in an applicable order form (the “Fees”), and you authorize Lucidream (or our payment processor) to charge your selected payment method. All payments are due in advance.
8.2 Credits and source hours. Paid plans include monthly allowances of production credits (used when the Platform renders output such as short-form clips) and source hours (used when the Platform ingests and analyzes your media). Current allowances, credit definitions, and burn rates are described on our pricing page, which forms part of these Terms. Unless stated otherwise on the pricing page: previews and included revisions do not consume credits; failed or defective renders are not charged; unused monthly allowances roll over for one (1) month; and purchased top-up credits do not expire while your subscription remains active. Credits have no cash value, are not redeemable for money, and expire on termination of your subscription.
8.3 Top-ups. You may purchase additional credits (“top-ups”) at the rates shown on our pricing page or in the Platform. Top-up purchases are charged to your payment method on file at the time of purchase.
8.4 AUTOMATIC RENEWAL. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR THE SAME SUBSCRIPTION PERIOD AT THE END OF EACH SUBSCRIPTION PERIOD, AND WE OR OUR PAYMENT PROCESSOR WILL CHARGE YOUR PAYMENT METHOD THE APPLICABLE FEE, UNLESS YOU CANCEL BEFORE THE RENEWAL DATE VIA YOUR ACCOUNT SETTINGS OR BY CONTACTING SUPPORT@LUCIDREAM.IO. WHEN YOU CANCEL, YOU CANCEL ONLY FUTURE CHARGES; YOUR ACCESS CONTINUES UNTIL THE END OF THE THEN-CURRENT PERIOD.
8.5 Price changes. Lucidream may change the Fees by providing at least thirty (30) days’ prior written notice to the email address associated with your account. New fees apply from your next billing cycle (monthly plans) or next renewal term (annual plans) after the notice period, and never mid-term. If you do not agree to the new fees, you may cancel before the effective date. Continued use after the effective date constitutes acceptance.
8.6 Free tier and trials. Lucidream may offer a free tier or free trials with limited features or allowances. We may modify or discontinue free offerings at any time. Outputs created on the free tier may expire as described on our pricing page.
8.7 Refunds. Except as required by applicable law or expressly stated in these Terms or our refund policy, all Fees are non-refundable and non-cancellable, and Lucidream does not refund currency-conversion, bank, or card fees.
8.8 Taxes. All amounts payable are exclusive of taxes (including sales tax, GST, VAT, or withholding), except taxes based on Lucidream’s net income. If your jurisdiction requires withholding, you shall pay such additional amount so that the net amount received by Lucidream equals the amount invoiced.
Each party represents and warrants that (i) these Terms constitute a legal, valid, and binding obligation enforceable against it, and (ii) its execution and performance of these Terms will not violate any applicable law, rule, or regulation.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LUCIDREAM PROVIDES THE PLATFORM AND ALL RELATED SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. LUCIDREAM AND ITS AFFILIATES, SUBCONTRACTORS, AGENTS, AND VENDORS (INCLUDING THIRD-PARTY AI AND SERVICE PROVIDERS) DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY. LUCIDREAM DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED, THAT OUTPUT WILL BE ACCURATE OR SUITABLE FOR ANY PURPOSE, OR THAT THE PLATFORM IS FREE FROM HARMFUL CODE. WE FURTHER DISCLAIM LIABILITY FOR DELAYS, FAILURES, LOSS, OR DAMAGE BEYOND OUR REASONABLE CONTROL, INCLUDING ISSUES CAUSED BY YOUR EQUIPMENT, YOUR INTERNET CONNECTION, OR CONNECTED SERVICES.
You shall defend, indemnify, and hold harmless Lucidream and its officers, directors, employees, consultants, affiliates, and agents from and against all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or connected with: (i) your violation of these Terms or applicable law; (ii) your violation of any third-party right, including intellectual property, publicity, confidentiality, or privacy rights; or (iii) any claim asserted against Lucidream in connection with your Content, your Output as published by you or at your direction, or your use of Connected Services.
Lucidream shall defend, indemnify, and hold you harmless from third-party claims alleging that the Platform, as provided by us and used in accordance with these Terms, infringes any patent or copyright or misappropriates any trade secret — except where the claim arises from your Content, from combinations of the Platform with items not provided by Lucidream, from free-of-charge use, or from your breach of these Terms.
Indemnification obligations are conditioned on: (i) prompt written notice of the claim; (ii) reasonable cooperation (at the indemnifying party’s expense); and (iii) the indemnifying party’s control of the defense and settlement, provided no settlement imposing obligations on the indemnified party (other than ceasing use of infringing material) may be made without its consent.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL LUCIDREAM BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF CONTENT OR DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER OR NOT LUCIDREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LUCIDREAM’S MAXIMUM AGGREGATE LIABILITY UNDER OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These Terms remain in effect until your subscription expires or is terminated (the “Term”). You may stop using the Platform and delete your account at any time. Lucidream may suspend or terminate your access immediately if you do not comply with these Terms. Upon termination, your account will be closed and you will no longer be able to access it; we recommend exporting your Content and Output before termination. Sections 3, 4, 5, 6, 7, 10, 11, 12, 14, and 15 survive any expiration or termination.
Please read this section carefully — it affects your rights. You and Lucidream agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be determined by binding arbitration on an individual basis rather than in court, except that you may assert qualifying claims in small claims court on an individual basis. The U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. You and Lucidream each waive the right to a trial by jury and to participate in a class, collective, or representative action.
Informal resolution first. Before initiating arbitration, you must send an individual, personally signed notice of your claim to Spice POD, Inc., Attn: Legal, at support@lucidream.io, and give us thirty (30) business days to resolve the dispute informally (including, on request, an individualized phone or video conference). Compliance with this procedure is a condition precedent to arbitration, and applicable limitation periods are tolled while it runs.
Arbitration procedure. Unresolved disputes shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, as modified by these Terms, before a single arbitrator, at a location reasonably convenient to both parties (or by documents, phone, or video for smaller claims). The arbitrator will issue a reasoned written decision, may award the same individual relief a court could, and must follow these Terms. All aspects of the proceeding shall be confidential. If twenty-five (25) or more similar claims are filed against Lucidream in a coordinated manner, the parties agree to a staged, batched mass-arbitration process modeled on the administering body’s mass-filing rules before individual arbitrations proceed.
YOU AND LUCIDREAM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
If any part of this Section (other than the class-action waiver) is found unenforceable, it shall be replaced with an enforceable term that comes closest to the parties’ intent; if the class-action waiver itself is found unenforceable, this entire arbitration section shall be null and void, and the remainder of these Terms will continue to apply. This Section survives termination of these Terms.
Entire agreement. These Terms, together with the policies incorporated by reference and any applicable order form, constitute the entire understanding between the parties regarding their subject matter and supersede all prior agreements and discussions.
Changes to these Terms. Lucidream may modify these Terms from time to time. Modified Terms become effective five (5) days after being posted to the Lucidream website (or such later date as we state), and we will notify you of material changes. By continuing to use the Platform after the effective date, you agree to the revised Terms; if you do not agree, your sole remedy is to stop using the Platform and cancel your subscription.
Governing law and venue. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Subject to Section 14, any disputes not subject to arbitration shall be brought exclusively before the competent courts located in Delaware.
Waiver; severability. A party’s failure to enforce any provision is not a waiver of it. If any provision is held invalid or unenforceable, it will be interpreted to give maximum permissible effect to its intent, and the remainder of these Terms remains in effect.
Notices. Notices must be in writing and are deemed given when delivered by hand, by email during the recipient’s normal business hours, through the Platform, or three (3) business days after posting by international air mail.
Assignment. You may not transfer or assign your rights or obligations under these Terms without our prior written consent; any purported assignment in violation of this section is void. Lucidream may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Force majeure. Neither party will be liable for failure or delay in performance due to events beyond its reasonable control, including denial-of-service attacks, failures of the Internet or hosting or AI providers, strikes, riots, fires, acts of God, war, terrorism, pandemic, or governmental action.
Questions about these Terms? Contact us at support@lucidream.io.
Spice POD, Inc. · operating Lucidream · lucidream.io