Terms of Service Draft

01About these Terms

These Terms of Service ("Terms") are an agreement between you and [LEGAL ENTITY NAME] ("CineKit", "we", "us"), [ADDRESS]. They cover the CineKit website, web app, API, command-line tools and related services (together, the "Service").

By creating an account, signing in or using the Service, you accept these Terms. If you use the Service for a company or other organization, you accept them on its behalf and confirm that you have the authority to do so; "you" then includes that organization.

Our Privacy Policy explains how we handle personal information. It is part of how we provide the Service, so please read it too.

02The Service today

CineKit turns stories, scripts and reference material into AI-generated images and films, and keeps characters, places and looks consistent across shots through a project's Canon (its locked cast, places and looks). The Service is in an early stage. Today:

• Test mode runs are simulated. They cost zero tokens and return placeholder artifacts, not a real film.
• Real film generation is not self-serve yet.
• The Service does not generate audio.
• Approving or re-rendering individual shots is not available yet.
• Features marked "Coming soon" are designed and in build but not available. We give no dates for them.

We may add, change or remove features, models and providers as the Service develops. Where a change materially reduces what you have already paid for, we will tell you in advance where we reasonably can.

03Accounts, teams and keys

You must be at least [MINIMUM AGE] years old, and old enough to form a binding contract where you live, to use the Service.

Sign-in is provided by our authentication provider, Clerk. Give accurate account information and keep your sign-in methods secure. You are responsible for activity under your account.

Projects belong to a team. Everyone on a team can access that team's projects, uploads and outputs, so only add people you trust. Projects are private to the team: other teams cannot see them.

API keys work like passwords. Keep them secret, do not put them in public code, and revoke a key straight away if you think it has been exposed. You are responsible for requests and token spend made with your keys until a compromised key is revoked.

04Your content

"Your content" means what you put into the Service: scripts, story text, prompts, images, Canon kits and other uploads. You keep the rights you have in your content.

You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit and display your content only as needed to provide, secure and support the Service for you. This includes sending it to the providers that run the generation steps for your project (listed in our Privacy Policy). This licence ends when your content is deleted from the Service, except for copies we must keep by law or that remain for a limited time in backups.

[USE OF CONTENT FOR MODEL TRAINING]

You confirm that you have all the rights, licences and permissions needed for your content, including the consent of any real person whose name, image, voice or likeness appears in it, and that our use of it under these Terms will not infringe anyone's rights.

05AI-generated output

"Output" means the images, video and other material the Service generates for your project. As between you and us, and to the extent the law allows, you own the output generated for your project, and we assign to you any rights we may have in it. You may use output for any lawful purpose, including commercial use, subject to these Terms.

Please keep in mind:

• All imagery CineKit produces is AI-generated. Output can be inaccurate, unexpected or imperfect, and it can resemble existing works or other users' output.
• Output may not be protectable by copyright or other rights in every country. We do not promise that output is exclusive to you or free of third-party rights.
• You are responsible for reviewing output before you use it, and for how you use it, including labelling it as AI-generated where the law or a platform requires it.
• Test mode returns placeholder artifacts. They are not real output and are provided only to test your integration.

06Acceptable use

You agree not to use the Service, or let anyone use it through your account or keys, to:

• create or share sexual content involving minors, or any content that sexualizes minors;
• create sexual or intimate imagery of a real person without their consent;
• depict a real person in a way that deceives, defames, harasses or impersonates them, or that they have not agreed to;
• create content intended to mislead people about real events, elections or public health, or to pass off AI-generated material as authentic footage;
• infringe copyright, trademarks, publicity rights or other rights of others;
• promote violence, terrorism, self-harm or hatred against people based on protected characteristics;
• break the law or help others break it;
• probe, overload, disrupt or bypass the security, rate limits, metering or access controls of the Service;
• scrape the Service, or resell or sublicense access to it, without our written permission;
• use the Service or its output to build a competing service, or to extract our models, prompts or systems;
• present AI-generated output as real footage of real people or events, or remove or hide labels that say content is AI-generated where the law or a platform requires them.

We may review, block or remove content, and stop runs, that we reasonably believe break these Terms or the law, and we may report illegal content to the authorities.

07Likeness and rights complaints

Canon kits can include images of people. Only upload a real person's likeness if you have their permission, and use it only in ways they have agreed to.

If you believe content on the Service infringes your copyright or other rights, or uses your likeness without consent, send a notice to hassan.uriostegui@gmail.com with: your contact details; what you believe is infringed; where the content is, in enough detail for us to find it; a statement that you believe in good faith the use is not authorized; and a statement that your notice is accurate and that you are the rights holder or authorized to act for them. We will review the notice and act on it where appropriate. [COPYRIGHT AGENT / COUNTER-NOTICE PROCEDURE]

08Tokens, plans and payments

The Service is paid for with prepaid tokens. A token is the unit of spend.

• Estimate and reserve. Before a run starts, you see an estimate and reserve tokens. Reserving tokens is your approval of that spend.
• Settle. After the run, the reservation is settled against what was delivered.
• Failed and degraded runs (current policy, may change). A run that fails is refunded in full. Output that is delivered in a degraded form is charged in full.
• Test tokens. A new team may receive a grant of test tokens for test mode. Test tokens have no cash value and cannot be transferred or exchanged.

Payments are not live yet. There is no checkout today and we do not take payments. The plans and prices on our website are pre-launch prices. When paid plans launch, payments will be handled by a third-party payment processor (we plan to use Stripe), and we will update these Terms before we take any payment.

Refunds of purchases: [REFUND POLICY]

Token expiry and rollover: [TOKEN EXPIRY AND ROLLOVER]

Taxes, billing cycles, renewals and cancellations: [BILLING, RENEWAL AND TAX TERMS]

Consumers in some countries have a legal right to withdraw from online purchases: [CONSUMER WITHDRAWAL RIGHTS]

09Third-party services

We run the Service with the help of other companies, for example for hosting, storage, sign-in and the AI models that generate images, video and text. Our Privacy Policy lists them. Their availability can affect the Service, and we may change providers. Links to other websites are provided for convenience; we are not responsible for those sites.

10Feedback

If you send us ideas or suggestions, we may use them without any obligation to you.

11Suspension and termination

You can stop using the Service at any time. To close your account or ask us to delete your data, email hassan.uriostegui@gmail.com.

We may suspend or end your access, or disable keys, if you seriously or repeatedly break these Terms, if your use creates a security or legal risk for us or others, or if we must by law. Where reasonable, we will tell you first and give you a chance to fix the problem.

When an account ends, your right to use the Service stops. What happens to remaining tokens: [REFUND POLICY]. Your content and output are deleted after [DATA RETENTION PERIOD], so download anything you want to keep before then. Sections that by their nature should survive (for example ownership, disclaimers, limits of liability and disputes) continue to apply.

12Disclaimers

The Service is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that the Service will be uninterrupted or error-free, that output will meet your needs, or that features marked "Coming soon" will ship.

Nothing in these Terms limits rights you have as a consumer that cannot be limited by contract.

13Limitation of liability

To the extent the law allows, neither CineKit nor its suppliers will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from or related to the Service or these Terms.

To the extent the law allows, our total liability for all claims related to the Service or these Terms is limited to [LIABILITY CAP].

These limits do not apply to liability that cannot be limited by law, such as liability for fraud or, where applicable, for death or personal injury caused by negligence.

14Indemnity

To the extent the law allows, you will defend and indemnify CineKit against third-party claims, and related losses and reasonable costs, arising from your content, your use of output, or your breach of these Terms or the law.

15Governing law and disputes

Governing law and courts: [to be set]

Before starting any formal dispute, please contact us at hassan.uriostegui@gmail.com so we can try to resolve it informally.

Dispute resolution: [ARBITRATION / DISPUTE RESOLUTION]

16Changes to these Terms

We may update these Terms as the Service changes, in particular before paid plans launch. We will post the new version on this page with a new effective date and, for material changes, tell you in advance by email or in the Service: [NOTICE PERIOD FOR CHANGES]. If you keep using the Service after a change takes effect, the new Terms apply. If you do not agree, stop using the Service.

17General

These Terms and the Privacy Policy are the whole agreement between you and us about the Service. If a provision is found unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver. You may not transfer these Terms without our consent; we may transfer them as part of a merger, acquisition or sale of assets. We are not responsible for delays or failures caused by events beyond our reasonable control. We may send you notices by email or in the Service.

18Contact

[LEGAL ENTITY NAME]
[ADDRESS]
hassan.uriostegui@gmail.com