TERMS OF SERVICE
Effective Date: November 19, 2025
Last Updated: November 19, 2025
1. ACCEPTANCE OF TERMS
By downloading, installing, or using the Burlap application ("App"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App. You must be at least 13 years old to use the App.
2. DESCRIPTION OF SERVICE
Burlap is a standalone Mac application that provides AI-powered features utilizing third-party artificial intelligence services including OpenAI, Google AI, and Runway AI. The App operates on a credit-based system where users purchase Burlap Credits to access AI functionality.
3. THIRD-PARTY AI SERVICES
3.1 Required Acceptance
By using Burlap, you acknowledge and agree that you must comply with the terms of service of the following third-party providers:
- OpenAI Terms of Use (https://openai.com/terms)
- Google AI Terms of Service (https://ai.google/terms)
- Runway Terms of Service (https://runwayml.com/terms)
3.2 Third-Party Compliance
You are responsible for ensuring your use of the App complies with all applicable third-party terms. We are not liable for any violations of third-party terms resulting from your use of the App.
4. BURLAP CREDIT SYSTEM
4.1 Purchase and Use
- Burlap Credits are the exclusive payment method for AI services within the App
- Credits are purchased through https://burlap.app
- Credits are non-transferable between accounts
- Different AI operations may consume different amounts of credits
4.2 Pricing
- Credit pricing is subject to change with notice
- Current pricing is displayed at https://burlap.app
- We reserve the right to offer promotional pricing or discounts at our discretion
4.3 No Refunds
All Burlap Credit purchases are final and non-refundable except as described in the Burlap Credit Policy.
5. USER ACCOUNTS
5.1 Account Responsibility
- You are responsible for maintaining the confidentiality of your account credentials
- You are responsible for all activities that occur under your account
- You must notify us immediately of any unauthorized access
5.2 Accuracy of Information
You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
6. ACCEPTABLE USE POLICY
6.1 Prohibited Uses
You agree NOT to use the App to:
- Violate any laws or regulations
- Generate harmful, offensive, or inappropriate content
- Infringe upon intellectual property rights
- Attempt to circumvent credit system or security measures
- Reverse engineer or decompile the App
- Use automated systems or bots to access the App
- Violate third-party AI service provider terms
6.2 Content Responsibility
You retain ownership of content you create but are solely responsible for ensuring it complies with all applicable laws and third-party rights.
7. INTELLECTUAL PROPERTY
7.1 App Ownership
The App and its original content, features, and functionality are owned by Third Wall Studio Incorporated and are protected by international copyright, trademark, and other intellectual property laws.
7.2 User Content License
By creating content through the App, you grant us a worldwide, non-exclusive, royalty-free license to use such content solely for the purpose of providing and improving our services. You own the rights to AI-generated output except where third-party AI providers impose different terms.
8. PRIVACY
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
9. DISCLAIMERS
9.1 Service Availability
- The App is provided "AS IS" and "AS AVAILABLE"
- We do not guarantee uninterrupted or error-free service
- Third-party AI services may experience outages beyond our control
9.2 AI-Generated Content
- AI-generated content may contain errors or inaccuracies
- We are not responsible for decisions made based on AI-generated content
- You should independently verify important information
- The App's outputs are for informational purposes only
10. LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall Third Wall Studio Incorporated be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from your use of the App.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Third Wall Studio Incorporated and its affiliates from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use of the App or violation of these Terms.
12. MODIFICATIONS TO TERMS
We reserve the right to modify these Terms at any time. We will notify users of any material changes. Your continued use of the App after such modifications constitutes acceptance of the updated Terms.
13. TERMINATION
We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason, including breach of these Terms.
14. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law provisions.
15. DISPUTE RESOLUTION
15.1 Binding Arbitration
Any disputes arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
15.2 How to Initiate Arbitration
To initiate arbitration, you must:
- Send written notice to Third Wall Studio Incorporated at 112 Greene Street, New York, NY 10012
- Include a description of the dispute and the relief sought
- Pay applicable filing fees to the American Arbitration Association
- Arbitration will be conducted in New York, NY or via videoconference
15.3 Class Action Waiver
YOU AND THIRD WALL STUDIO INCORPORATED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. No arbitrator may consolidate proceedings or arbitrate any form of representative or class proceeding.
15.4 Opt-Out Procedure
You have the right to opt out of binding arbitration within 30 days of first accepting these Terms by sending written notice to:
- Email: legal@thirdwallstudio.com with subject line "Arbitration Opt-Out"
- Mail: Third Wall Studio Incorporated, 112 Greene Street, New York, NY 10012
- Include your name, email address associated with your account, and a clear statement of opt-out
15.5 Small Claims Court
Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.
15.6 Severability of Arbitration Clause
If any part of this arbitration agreement is found unenforceable, the remainder shall continue in effect.
16. SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
17. NO WAIVER
Failure to enforce any provision of these Terms shall not constitute a waiver of future enforcement of that or any other provision.
18. ENTIRE AGREEMENT
These Terms, together with the EULA, Privacy Policy, Credit Policy, and AI Processing Notice, constitute the entire agreement between you and Third Wall Studio Incorporated regarding the use of the App.
19. CONTACT INFORMATION
For questions about these Terms, please contact us at:
Third Wall Studio Incorporated
112 Greene Street
New York, NY 10012
legal@thirdwallstudio.com
abuse@thirdwallstudio.com (for abuse reports)
https://burlap.app