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Agreement

EULA

END USER LICENCE AGREEMENT

Last Updated: June 21, 2025

  1. Introduction
    1. This End User Licence Agreement (EULA) provided by Cinema on the Fly Pty Ltd (ABN 98 169 316 563) ("us," "our," or "we") relates to the software application known as 'Cinefly' that provides users with storyboards, information, direction and stock footage ("Assets"), and automates the editing and production of, and hosts, ("Services") short films ("Films"). The software application, together with the Assets and Services shall be known as the "App" for the purposes of this EULA.
    2. By downloading, copying, installing, accessing and/or using the App, you agree to be bound by this EULA.
    3. We may change this EULA from time to time. If we do, we will notify you when you next use the App. Your continued use of the App shall constitute ongoing acceptance of this EULA.
  2. DEFINITIONS
      App means the Cinefly software application, including all related Assets and Services.
      Assets means the storyboards, information, direction, and stock footage provided by Cinefly or its Partners through the App.
      Client or Partner means a third-party business or organization that has engaged Cinefly to facilitate content creation.
      Film means the short film or video content created through the App.
      User Material means all content, including video, images, and audio, that you create through or submit to the App.
      Premium Scripts means customized, professionally created scripts (storyboards) that can be purchased by a Customer for use within the Service.
  3. YOUR RIGHTS AND LICENCE
    1. Subject to your compliance with this EULA, we grant you a non-exclusive, non-transferable licence to use the App solely to capture content and create Films in accordance with the terms of this EULA.
    2. We reserve all rights not expressly granted to you in this EULA.
  4. ACCOUNT AND FEES
    1. You may be required to create an account ("Account") to use the App. You must provide complete and accurate information and keep it up-to-date.
    2. If you are under the age of 18, you confirm that your parent or guardian has read and agreed to this EULA on your behalf. If your parent or guardian has not agreed to this EULA on your behalf, you must not install or use the App. By agreeing to this EULA on your behalf, your parent or guardian hereby guarantees your full performance of this EULA and indemnifies Cinefly against any loss or damage arising out of any breach or repudiation of this EULA by you at any time.
    3. You must immediately notify us at accounts@cinefly.io of any unauthorised use of Your Account.
    4. We reserve the right to charge a fee for your use of the App or for particular Services or Assets. Such fees will be specified within the App or on our official pricing page.
  5. YOUR OBLIGATIONS
    1. You warrant that all User Material you create or submit:
      • (a) is not illegal, discriminatory, obscene, threatening, or defamatory;
      • (b) does not infringe the intellectual property or privacy rights of any person or entity;
      • (c) for any content containing identifiable individuals, you have obtained all necessary consents, releases, and permissions for their appearance and use.
    2. You must not:
      • (a) transfer, sublicense, rent, lease, or resell the App;
      • (b) modify, adapt, or create derivative works of the App;
      • (c) reverse engineer, de-compile, or disassemble the App, except where expressly permitted by law.
  6. INTELLECTUAL PROPERTY RIGHTS
    1. Content License to Cinefly: To enable us to provide the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and process your User Material solely for the purpose of creating Films and providing the Services to you.
    2. Your Rights in Films: Subject to your compliance with this EULA and any applicable Partner Terms:
        • (a) You retain ownership of your original User Material that you upload to the App.
        • (b) For Films created using only your own User Material and our standard Assets, you own the copyright in the resulting Film.
        • (c) For Films created using a Client's or Partner's Assets, ownership and usage rights will be governed by that Client's or Partner's terms, which will be presented to you for agreement.
    3. Cinefly's Rights: All right, title, and interest in and to the App, including the standard Assets, our editing technology, and AI models, is owned by us or our licensors. You do not acquire any proprietary rights in the App or our technology.
    4. Cinefly's Promotional License: You grant Cinefly a limited, worldwide, non-exclusive, royalty-free license to use, display, and reproduce certain Films solely for the purpose of promoting the Service. You may revoke this license at any time by opting out in your Account settings.
    5. Premium Scripts: Premium Scripts are available for purchase at the rates specified on our official pricing page or as quoted in a separate written agreement. All Premium Scripts remain the intellectual property of Cinefly and are licensed to you for use within the Service only.
  7. SERVICE LEVEL AND DATA MANAGEMENT
    1. Uptime Commitment: Cinefly will use commercially reasonable efforts to ensure the Service is available with a monthly uptime percentage of at least 99.5% (the "Uptime Commitment"). The Uptime Commitment does not apply during any periods of scheduled maintenance, force majeure events, or interruptions caused by third-party services.
    2. Data Backups: Cinefly maintains backups of User Material using enterprise-grade backup services. However, you are responsible for maintaining your own backups of your Films and User Material.
    3. Data Export: Upon request, you may receive copies of your User Material in a common electronic format, subject to the payment of a reasonable fee for the work required, which will be quoted to you at the time of the request. We will use reasonable efforts to provide such data within thirty (30) days of receiving your request and payment.
    4. Data Retention: Unless deletion is requested, Cinefly may retain User Material for up to three (3) years after your last account activity.
  8. TERMINATION
    1. We may terminate this EULA if we reasonably believe you have breached its terms.
    2. Upon termination, all rights granted to you under this EULA will cease, and you must stop all use of the App.
    3. You may retain copies of Films you created prior to termination, subject to any applicable Client or Partner terms and provided you have complied with this EULA.
  9. DISCLAIMER OF WARRANTIES
    1. THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  10. INDEMNITY
    1. You agree to indemnify us against any liability, claim, proceeding, cost, and expense (including reasonable legal fees) arising from any breach by you of this EULA or the warranties you have given.
  11. LIMITATION OF LIABILITY
    1. THE AUSTRALIAN CONSUMER LAW CONFERS RIGHTS AND REMEDIES ON YOU WHICH CANNOT BE EXCLUDED. WE DO NOT EXCLUDE THOSE RIGHTS.
    2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS EULA OR THE APP, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES (IF ANY) PAID BY YOU TO CINEFLY FOR USE OF THE APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  12. THIRD-PARTY TERMS (APPLE APP STORE)
    1. If you download or access the App via the Apple App Store, you acknowledge that this EULA is between you and Cinefly only, not with Apple Inc. Apple is not responsible for the App or its content. Apple has no obligation to furnish any maintenance and support services. You and we acknowledge that Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.
  13. GENERAL
    1. This EULA is governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the Courts of Queensland.
    2. If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
    3. This EULA constitutes the entire agreement between you and us regarding the App.
    4. Neither party shall be liable for any failure or delay in performing its obligations under this EULA to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
  14. ACCESSIBILITY
    1. At Cinefly, we are committed to ensuring digital accessibility. We are continually improving the user experience and aim to conform with WCAG 2.1 level AA. We welcome your feedback on any accessibility barriers you encounter.
  15. CONTACT INFORMATION
    1. If you have any questions about this EULA, please contact us at:

      Cinema on the Fly Pty Ltd

      Email: accounts@cinefly.io

      Support: support@cinefly.io