Terms of Service

01 Acceptance of Terms

By accessing or using Cénematic ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

These Terms apply to all visitors, users, and others who access or use the Service, including the desktop application, web platform, and any related services.

02 Account Registration

To use Cénematic, you must:

• Be at least 13 years old (or 16 in the European Union)
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use
• Be responsible for all activities under your account

We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

Account Security:

• You may not share your account credentials with others
• Each license is for a single user unless you have a team/business plan
• Account sharing may result in immediate termination without refund

03 Content License and Rights

License Grant to Cénematic:

By uploading content to our platform, you grant Cénematic a worldwide, non-exclusive, royalty-free license to:

• Process your content through AI services to generate videos
• Store and display your content within your account
• Create temporary copies for processing and backup
• Transmit your content to third-party AI providers for processing

Your Representations and Warranties:

You represent and warrant that:

• You own or have all necessary rights to the content you upload
• Your content does not infringe any third-party rights
• You have permission from any persons appearing in your content
• Your content complies with all applicable laws
• You will not upload content containing minors without parental consent

Commercial Use Rights:

• You may use AI-generated content for commercial purposes
• Cénematic makes no exclusive claim to generated content
• You are responsible for ensuring commercial use complies with all laws
• Some AI providers may have additional commercial use restrictions

04 DMCA and Copyright Policy

Copyright Infringement:

We respect intellectual property rights and expect our users to do the same. If you believe your copyright has been infringed, please notify us with:

• Identification of the copyrighted work
• Identification of the allegedly infringing material
• Your contact information
• A statement of good faith belief
• A statement of accuracy under penalty of perjury
• Your physical or electronic signature

Counter-Notice:

If your content was removed due to a copyright claim and you believe it was wrongful, you may submit a counter-notice with similar requirements.

Repeat Infringers:

We will terminate accounts of users who are repeat copyright infringers.

05 Subscriptions and Payments

Lifetime Access:

• Cénematic offers lifetime access plans with one-time payment
• Plans include specified PC licenses and AI credits
• "Unlimited" refers to unlimited video projects and video length; it does not mean unlimited AI generation
• AI credits are a one-time allocation included with your plan and are not a monthly, recurring, or automatically replenishing amount
• Additional AI credits can be purchased separately
• All sales are final unless otherwise stated

Payment Processing:

• Payments are processed through FastSpring
• You agree to pay all fees associated with your selected plan
• Prices, including AI credit pack pricing and credit consumption rates, are subject to change at any time at our sole discretion, without prior notice
• Taxes may apply based on your location

Chargebacks and Payment Disputes:

• If you have a concern about a charge, you must contact our support team to resolve it before initiating a payment dispute or chargeback with your bank or card provider
• Chargebacks filed without first contacting us may result in immediate suspension or termination of your account and its associated license

06 AI Services and Content Generation

AI Processing:

• Your content is processed by third-party AI services (OpenAI, ElevenLabs, Murf AI)
• AI-generated content may not always be accurate or appropriate
• You are responsible for reviewing and editing AI-generated content
• AI services may have their own terms and limitations

AI Credits:

• AI features consume credits based on usage
• Credits do not expire but are tied to your account
• Credit consumption rates may change at any time at our sole discretion, without prior notice
• Unused credits are non-refundable

07 Fair Use and Service Limits

AI Credit Usage:

• AI credits must be used for legitimate video creation purposes
• Automated or excessive usage may be rate-limited or suspended
• Credit farming, reselling, or transfer between accounts is prohibited
• We reserve the right to adjust credit consumption rates

Team and Multi-User Accounts:

• Business plans allow specified number of team members
• Each team member must have their own account credentials
• Account owner is responsible for team member activities
• Team licenses cannot be resold or transferred outside your organization

Service Limits:

• Maximum file sizes apply for uploads (varies by file type)
• Video length limitations may apply based on your plan
• Concurrent processing limits to ensure service availability
• Storage limits may apply for saved projects and generated content

08 Third-Party Services and API Terms

Third-Party AI Service Availability:

• We are not liable for outages of OpenAI, ElevenLabs, Murf AI, or other providers
• Features may be temporarily unavailable if third-party services are down
• We will make reasonable efforts to maintain service continuity
• No refunds for temporary third-party service interruptions

Bring Your Own API Keys:

If your plan allows connecting your own API keys:

• You are responsible for all charges from third-party providers
• We are not liable for your API key security or usage
• You must comply with third-party provider terms of service
• API key misuse may result in account termination
• We do not provide support for third-party API issues

Service Modifications:

• We may add, modify, or remove features at any time
• Core functionality will be maintained for lifetime license holders
• Third-party integrations may change based on provider availability

09 Beta Features and Experimental Services

We may offer beta or experimental features that are:

• Provided "as is" without any warranties
• Subject to change or removal without notice
• May contain bugs or errors
• Not covered by any service level commitments
• May have different or additional terms

Your use of beta features is at your own risk. Feedback provided about beta features may be used by us without compensation or attribution.

10 Content Backup and Data Recovery

Your Responsibility:

• You are responsible for maintaining backups of your important content
• Download and save locally any content you wish to preserve
• We are not responsible for content loss due to user error
• Deleted content may not be recoverable

Service Continuity:

• We maintain reasonable backups for disaster recovery
• No guarantee of content recovery in case of data loss
• Service may be interrupted for maintenance

11 Acceptable Use Policy

You agree not to use Cénematic to:

• Create content that violates any laws or regulations
• Generate harmful, offensive, or discriminatory content
• Infringe on intellectual property rights of others
• Generate or use the likeness, image, or voice of any real person, including public figures and celebrities, without their consent, or create deepfakes or misleading content about real persons
• Generate content involving minors in inappropriate contexts
• Attempt to reverse engineer or exploit the Service
• Share your account or licenses beyond permitted limits
• Use automated systems to abuse the Service
• Violate the acceptable use policies of our AI providers

Violation of this policy may result in immediate termination of your account without refund.

12 Intellectual Property Rights

Your Content:

• You retain ownership of content you upload to Cénematic
• You grant us a license to process your content through AI services
• You are responsible for having rights to all uploaded content
• You must respect the intellectual property rights of others

AI-Generated Content:

• You own the AI-generated content created through your account
• Cénematic makes no claims to your generated content
• AI-generated content may not be eligible for copyright protection in all jurisdictions
• Similar content may be generated for other users independently

Cénematic Property:

• The Cénematic platform, software, and branding remain our property
• You may not copy, modify, or distribute our software
• Our trademarks and logos may not be used without permission

13 Privacy and Data Protection

Your use of Cénematic is also governed by our Privacy Policy. By using the Service, you consent to:

• Collection and processing of your data as described in the Privacy Policy
• Transfer of your content to third-party AI services
• Storage of your content and generated media
• Use of cookies and analytics tools

14 Disclaimers and Warranties

Service Provided "As Is":

Cénematic is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Accuracy or reliability of AI-generated content
• Uninterrupted or error-free service
• Security of your data beyond reasonable measures

No Guarantee of Results:

We do not guarantee that AI-generated content will meet your requirements or expectations. The quality and appropriateness of generated content can vary.

System Requirements and Compatibility:

The desktop application requires a supported operating system and compatible hardware. We do not guarantee compatibility with all or older systems, and certain features may be unavailable or perform differently on unsupported configurations.

15 Limitation of Liability

To the maximum extent permitted by law, Cénematic and its affiliates shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Damages from use or inability to use the Service
• Damages from AI-generated content
• Third-party actions or content

Our total liability shall not exceed the amount you paid for the Service in the past 12 months.

16 Indemnification

You agree to indemnify, defend, and hold harmless Cénematic, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you create or upload
• Your use of AI-generated content

17 Termination

Termination by You:

You may terminate your account at any time by contacting support. Termination does not entitle you to refunds for lifetime access purchases.

Termination by Us:

We may suspend or terminate your account immediately if:

• You violate these Terms or our Acceptable Use Policy
• We suspect fraudulent or illegal activity
• Required by law or legal process
• The Service is discontinued

Effect of Termination:

Upon termination, your right to use the Service ceases immediately. We may delete your content and data, though some information may be retained as required by law.

18 Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Service. Material changes will be notified via email or platform notification.

Your continued use of Cénematic after changes constitutes acceptance of the modified Terms. If you disagree with changes, you should discontinue use of the Service.

19 Governing Law and Disputes

Governing Law:

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles.

Dispute Resolution:

• We encourage resolution through customer support first
• Binding arbitration for disputes not resolved informally
• Arbitration conducted under AAA rules
• No class actions or class arbitrations
• Small claims court available for qualifying claims

20 Additional Terms

Entire Agreement:

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cénematic.

Severability:

If any provision of these Terms is found invalid, the remaining provisions will continue in effect.

No Waiver:

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

Assignment:

You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

Force Majeure:

We are not liable for failures due to circumstances beyond our reasonable control.

21 Export Controls

You agree to comply with all applicable export and import laws and regulations. You may not use or export the Service in violation of U.S. export laws or regulations.

22 Geographic Restrictions and Availability

Service Availability:

• Cénematic is available globally, subject to local laws and regulations
• Some features may not be available in all countries
• AI services may have their own geographic restrictions
• We reserve the right to restrict access from certain jurisdictions

Compliance with Local Laws:

• You are responsible for compliance with local laws in your jurisdiction
• Content generation must comply with your local regulations
• Some content types may be illegal in certain jurisdictions

23 Attribution and Watermarks

No Watermark Policy:

• Cénematic does not add watermarks to your generated content
• You own and control your generated videos without forced branding
• Optional attribution to Cénematic is appreciated but not required

Third-Party Attribution:

• Some AI services may require attribution for certain uses
• You are responsible for any required third-party attributions
• Music or assets used may have their own attribution requirements

Contact Information

For questions about these Terms of Service, please contact us at: