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
      Appmeans the Cinefly software application, including all related Assets and Services.
      Assetsmeans the storyboards, information, direction, and stock footage provided by Cinefly or its Partners through the App.
      Client or Partnermeans a third-party business or organisation that has engaged Cinefly to facilitate content creation.
      Filmmeans the short film or video content created through the App.
      User Materialmeans all content, including video, images, and audio, that you create through or submit to the App.
      Premium Scriptsmeans customised, 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.
    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.
  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.
    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 Licence to Cinefly: To enable us to provide the Services, you grant us a worldwide, non-exclusive, royalty-free licence 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.
    3. Cinefly's Rights: All right, title, and interest in and to the App is owned by us or our licensors.
    4. Cinefly's Promotional Licence: You grant Cinefly a limited licence to use certain Films for promotion. You may revoke this at any time.
    5. Premium Scripts: Premium Scripts remain the intellectual property of Cinefly and are licensed for use within the Service only.
  7. SERVICE LEVEL AND DATA MANAGEMENT
    1. Uptime Commitment: Monthly uptime of at least 99.5%.
    2. Data Backups: Cinefly maintains enterprise-grade backups.
    3. Data Export: Available upon request within 30 days.
    4. Data Retention: Up to three (3) years after 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 under this EULA will cease.
    3. You may retain copies of Films created prior to termination.
  9. DISCLAIMER OF WARRANTIES
    1. THE APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
  10. INDEMNITY
    1. You agree to indemnify us against any liability arising from any breach by you of this EULA.
  11. LIMITATION OF LIABILITY
    1. THE AUSTRALIAN CONSUMER LAW CONFERS RIGHTS AND REMEDIES ON YOU WHICH CANNOT BE EXCLUDED.
    2. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU DURING THE PRECEDING 12 MONTHS.
  12. GENERAL
    1. This EULA is governed by the laws of Queensland, Australia.
    2. If any provision is held invalid, the remaining provisions remain in effect.
    3. This EULA constitutes the entire agreement.
  13. 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