Agreement

CINEFLY TERMS OF SERVICE

Last Updated: June 21, 2025


Effective:

This Terms of Service ("Agreement") is a binding legal agreement between you ("Customer," "You," or "Your") and Cinema on the Fly Pty Ltd ("Cinefly," "We," "Us," or "Our"). This Agreement governs your access to and use of our video creation platform and associated services (collectively, the "Service").

BY CLICKING "I ACCEPT," CREATING AN ACCOUNT, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS.

  1. Definitions
    • "Service" means the Cinefly platform, including our website, software, applications, AI models, and all related services.
    • "Subscription Plan" means the specific Service plan selected by the Customer (e.g., Pro, Business, or Enterprise), which details features, limitations, and fees as described on our official pricing page.
    • "Creator Seat" means a license granted to a single, named individual to access and use the Service to create, edit, and generate content.
    • "Collaborator Seat" means a limited-access license, available exclusively within certain Enterprise Subscription Plans, that allows an individual to view, comment on, or approve content but does not grant rights to create or edit content.
    • "Generative Credits" means a limited, revocable license to process specific generative AI tasks on the Service. Generative Credits are a feature of the Service, have no cash or monetary value, and are non-transferable and non-refundable.
    • "User Content" means all data, text, images, video, audio, or other materials that a Customer uploads, submits, or otherwise provides to the Service.
    • "Generated Content" means the video, audio, images, text, and other content created by the Service based on User Content and/or user prompts.
    • "Premium Scripts" means customized, professionally created scripts (storyboards) that can be purchased by a Customer for use within the Service.
  2. Account Registration and Security
    1. Account Creation: You must provide accurate, current, and complete information to create an account. You are responsible for keeping this information up-to-date.
    2. Account Sharing Prohibited: Each Creator Seat is licensed for use by one designated individual only. Account credentials may not be shared, sold, rented, or transferred.
    3. Responsibility: You are solely responsible for all activities that occur under your account. You must immediately notify Cinefly at hello@cinefly.io of any unauthorized use of your account or any other breach of security.
    4. Enforcement: Cinefly reserves the right to employ technical measures, including but not limited to concurrent session limits, to prevent unauthorized account sharing and ensure compliance with this Agreement. A limit of three (3) concurrent sessions per account may be enforced.
  3. Subscription Plans, Fees, and Payment
    1. Subscription Fees: Fees for Subscription Plans are billed on a per-Creator Seat basis, in advance, on a monthly or yearly cycle as selected by the Customer. All applicable fees are as stated on our pricing page, plus any applicable taxes.
    2. Automatic Renewal: All subscriptions will automatically renew for successive periods of the same duration unless canceled by you through your account settings prior to the end of the current term.
    3. Upgrades: If you upgrade your plan or add Creator Seats, you will be billed a prorated amount for the remainder of the current billing cycle, and the new rate will apply for subsequent cycles.
    4. Resale Prohibited: Customer may not resell, white-label, sub-license, or otherwise commercially exploit the Service without entering into a separate partnership agreement with Cinefly.
    5. Enterprise Agreements: Enterprise plans require a custom quotation and may be subject to a separate written agreement that will supersede any conflicting terms in this Agreement.
    6. Taxes: Stated prices are inclusive of Goods and Services Tax (GST) where applicable. Customers in other jurisdictions are responsible for any additional taxes or duties imposed by their local authorities.
    7. No Refunds: All fees are non-refundable, except as required by law or as otherwise specified in a separate Enterprise agreement.
    8. Pre-Launch Plans: Plans marked as "Coming Soon" on our pricing page may be subject to waitlist registration. Features and pricing for pre-launch plans are subject to change before official release.
  4. Service Features and Support
    1. Plan Features: The specific features, limits, and capabilities of each Subscription Plan are detailed on our official pricing page. These details are incorporated into this Agreement by reference.
    2. Support Services: Support levels vary by plan:
      • a. Pro: Email support with a target response time of 48 business hours.
      • b. Business: Priority chat and email support during standard business hours (9 AM - 6 PM AEST).
      • c. Enterprise: A dedicated account manager and/or a custom Service Level Agreement (SLA) as defined in a separate Enterprise agreement.
    3. 4.3. Storage Limits: Each plan includes a specific storage limit. If you exceed your plan's storage limit, your ability to upload new User Content may be restricted. You must upgrade your plan or delete existing content to resume uploads. Cinefly reserves the right to compress or, after providing 30 days' notice, delete content from accounts that remain over their storage limit.
    4. 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.
    5. Usage Reports: Cinefly will provide monthly usage reports showing videos rendered, storage used, credits consumed, and other metrics as applicable to your plan.
  5. Generative Credits and Promotional Offers
    1. Credit Usage: Generative Credits are consumed when you use specific AI-powered features. The number of credits required for any action is specified within the platform.
    2. Credit Expiration: Monthly credits included in a Subscription Plan expire at the end of each billing period and do not roll over. Additional credits purchased by the Customer ("Top-Up Credits") are valid for twelve (12) months from the date of purchase.
    3. Promotional Offers: From time to time, Cinefly may offer promotional trials or offers.
      • a. Current Offer: New customers may be eligible for a 2-week free trial, followed by a 3-month promotional period of unlimited Generative Credits upon subscribing to a paid plan.
      • b. Fair Use Policy: The "unlimited Generative Credits" promotional offer is subject to a fair use policy. This policy is designed to prevent fraud and abuse. Usage that is not typical of a standard business user, such as automated or excessive generation, may be throttled or limited at Cinefly's sole discretion.
      • c. Modification: Promotional offers are non-transferable, cannot be combined with other discounts, and may be modified or discontinued by Cinefly at any time.
    4. Consent Management: Business and Enterprise plans include tools for managing model releases and content permissions. Customer is solely responsible for obtaining all necessary consents, releases, and permissions for individuals appearing in User Content and for ensuring compliance with applicable privacy laws.
  6. Intellectual Property Rights
    1. User Content: You retain all ownership rights, title, and interest in and to the User Content you provide to the Service. You grant Cinefly a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and process your User Content solely for the purpose of providing, maintaining, and improving the Service for you.
    2. Generated Content: Subject to your full compliance with this Agreement, Cinefly grants you a worldwide, royalty-free, perpetual, and non-exclusive license to use, reproduce, display, and distribute the Generated Content created under your account for your personal or internal business purposes.
    3. Cinefly IP: Cinefly and its licensors retain all rights, title, and interest in and to the Service itself, including our proprietary neurosymbolic AI models, software, user interface, branding, and all underlying technology. This Agreement does not grant you any rights to Cinefly's underlying intellectual property.
    4. Cinefly's Promotional License: You grant Cinefly a limited, worldwide, non-exclusive, royalty-free license to use, display, and reproduce certain Generated Content solely for the purpose of promoting the Service. You may revoke this license at any time by opting out of such promotional use in your account settings. Cinefly will not use any of your User Content or Generated Content for promotional purposes if you have opted out.
    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 Customer for use within the Service only, subject to the terms of this Agreement.
  7. Acceptable Use Policy
    1. Prohibited Actions: You agree not to use the Service to create, upload, or distribute any content that:
      • a. Is unlawful, harmful, defamatory, obscene, or otherwise objectionable;
      • b. Infringes on the intellectual property rights, privacy rights, or other rights of any third party;
      • c. Contains viruses, malware, or other malicious code.
    2. Prohibited Conduct: You agree not to:
      • a. Attempt to reverse-engineer, decompile, or otherwise discover the source code of the Service;
      • b. Undermine the security or integrity of the Service or its underlying systems;
      • c. Impair the functionality or performance of the Service for other users.
    3. End User License Agreements: If Customer's end users directly access the Service through Customer's account or implementation, they may be required to accept Cinefly's End User License Agreement. Customer acknowledges that such agreements are between Cinefly and the end user directly.
  8. Third-Party Services and Dependencies
    1. Underlying Systems: The Service relies on various third-party systems and services, including Amazon Web Services (AWS) and other cloud infrastructure providers.
    2. No Warranty for Third-Party Services: Cinefly does not warrant the availability, performance, or functionality of third-party services. If a third-party service becomes unavailable, Cinefly will use reasonable efforts to provide a workaround or replacement.
    3. Compliance: Cinefly ensures that its use of third-party services complies with applicable privacy laws and will review their privacy policies and contractual agreements to ensure they meet regulatory requirements.
    4. Service Interruptions: Customer acknowledges that interruptions to third-party services may affect the availability or functionality of the Service, and Cinefly shall not be liable for such interruptions.
  9. Data Management and Portability
    1. Data Access: Cinefly may require access to Customer Data to provide the Service and perform its obligations under this Agreement.
    2. Backups: Cinefly maintains backups of Customer Data using enterprise-grade backup services.
    3. Data Export: Upon request and payment of reasonable fees as quoted by Cinefly, Customer may receive copies of their Data in common electronic formats.
    4. Data Deletion: Customer may request deletion of Data through account settings or by contacting support. Cinefly will use reasonable efforts to delete Data within 30 days, except for any content licensed to Cinefly under Section 6.4.
    5. Data Retention: Unless deletion is requested, Cinefly retains Customer Data for up to three (3) years after last account activity.
  10. Data Protection and Privacy
    1. Privacy Compliance: Cinefly processes personal data in accordance with its Privacy Policy and applicable data protection laws, including GDPR for EU customers and the Australian Privacy Act.
    2. GDPR Rights: For EU customers, Cinefly provides the ability to access, update, retrieve, export, and delete personal data in accordance with GDPR requirements.
    3. Data Subject Requests: Customers can exercise their privacy rights through the Cinefly portal or by contacting hello@cinefly.io. Cinefly will respond to verified requests within 30 days.
    4. Data Processing: By using the Service, Customer acknowledges that Cinefly processes data using vetted, compliant vendors and maintains appropriate technical and organizational measures to protect personal data.
    5. Breach Notification: In the event of a data breach likely to result in a high risk to the rights and freedoms of data subjects, Cinefly will notify affected Customers without undue delay.
  11. Automated Content and Disclaimers
    1. Automated Production: Customer acknowledges that video production is automated using AI technology. Cinefly does not review, moderate, approve, or endorse any Generated Content before delivery.
    2. Customer Responsibility: Customer is solely responsible for reviewing all Generated Content before use and ensuring it meets their requirements and complies with applicable laws.
    3. No Content Moderation: The Service does not include content moderation. Customer must review Generated Content for accuracy, appropriateness, and legal compliance before any public or commercial use.
  12. Term and Termination
    1. Term: This Agreement commences on the date you first accept it and continues as long as you have an active subscription.
    2. Termination by You: You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period.
    3. Termination by Cinefly: We may suspend or terminate your access to the Service immediately and without notice if you are in breach of this Agreement.
    4. Effect of Termination: Upon termination: all licenses granted to you under this Agreement immediately cease; you must cease all use of the Service; you will lose access to your Data after 30 days unless you request export under Section 9.3; and all outstanding fees become immediately due and payable.
  13. Disclaimer of Warranties

    THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. CINEFLY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  14. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CINEFLY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. IN NO EVENT SHALL CINEFLY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO CINEFLY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

  15. Indemnification

    You agree to defend, indemnify, and hold harmless Cinefly, its affiliates, and its and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; or (c) your violation of this Agreement.

  16. Force Majeure

    Neither party shall be liable for any failure or delay in performing its obligations hereunder 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, or strikes. This provision does not excuse Customer's obligation to pay fees.

  17. Dispute Resolution
    1. Informal Resolution: Before filing any legal action, the parties agree to attempt to resolve disputes informally by contacting the other party and engaging in good faith negotiations for at least 30 days.
    2. Mediation: If informal resolution fails, either party may submit the dispute to mediation through the Australian Disputes Centre before pursuing litigation.
    3. Governing Law: This Agreement shall be governed by the laws of Queensland, Australia.
    4. Jurisdiction: Each party submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.
  18. General Provisions
    1. Entire Agreement: This Agreement, together with our Privacy Policy and any separate Enterprise agreement, constitutes the entire and exclusive understanding between Cinefly and you regarding the Service.
    2. Modifications: We may revise this Agreement from time to time. If a revision is material, we will provide at least 30 days' notice. By continuing to use the Service after revisions become effective, you agree to be bound by the revised terms.
    3. Assignment: You may not assign this Agreement without Cinefly's prior written consent. Cinefly may assign this Agreement without restriction.
    4. Severability: If any provision of this Agreement is held to be invalid, the other provisions will remain in full force and effect.
    5. Waiver: Cinefly's failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision.
  19. Contact Information

    If you have any questions about these Terms, please contact us at:

    Email: accounts@cinefly.io

    Support: support@cinefly.io