TERMS OF SERVICE

2. Account Registration

1. Account Creation: To access certain features, you may need to create an account. You agree to provide accurate, up-to-date information when registering and to promptly update this information if it changes.
2. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you suspect unauthorized access or a security breach, you must notify us immediately at support@filmpro.ai.
3. Account Use: You agree not to share your account with third parties or use another user's account without their permission.

3. Subscription and Payment Terms

1. Subscription Plans:
   • FilmPro offers monthly subscription plans that provide access to the Services and include a set number of AI credits (“Subscription Credits”) per billing cycle.
   • By subscribing, you authorize us or our third-party payment processor (e.g., Stripe) to charge the applicable fees to the payment method you provide.
2. Automatic Renewal:
   • Subscriptions automatically renew at the end of each billing cycle unless you cancel prior to the renewal date.
   • Renewal fees will be charged at the then-current rates unless otherwise stated.
3. Cancellation:
   • You may cancel at any time via your account settings or by contacting customer support.
   • Cancellations take effect at the end of the current billing cycle.
   • Refunds: Subscription fees already paid are non-refundable unless required by law.
4. Upgrades and Downgrades:
   • You may upgrade or downgrade your plan at any time. Changes typically take effect immediately.
   • Any pro-rated charges or credits (if applicable) follow our standard billing practices.
5. AI Credits:
   • Each subscription plan includes a set number of AI credits that reset at the start of each billing cycle (“Subscription Credits”).
   • Additional AI credits (“Purchased Credits”) may be bought at any time. Purchased Credits roll over indefinitely until used.
   • Once your Subscription Credits are exhausted, the Services will deduct from your Purchased Credits.
   • Unused Subscription Credits do not carry over and will reset at the start of a new billing cycle.
6. Payment Processing:
   • Payment processing is handled by third-party providers. By using our Services, you agree to comply with these providers' respective terms.
   • You are responsible for any taxes or other fees associated with your subscription under applicable law.

4. Acceptable Use and User Conduct

1. Compliance with Laws: You agree to use the Services in compliance with all applicable laws and regulations.
2. Prohibited Activities: You shall not:
   • Upload or share content you do not have the legal right to possess, transmit, or display;
   • Use the Services to generate or distribute content that is fraudulent, defamatory, harassing, hateful, or otherwise unlawful;
   • Attempt to disrupt, compromise, or circumvent the security or functionality of the Services or any related systems;
   • Use the AI features to create content that infringes third-party intellectual property rights or violates privacy rights;
   • Engage in any activity that might overload, abuse, or interfere with the normal operation of the Services.
3. Enforcement: FilmPro reserves the right to investigate and, if necessary, suspend or terminate accounts that violate these Terms or our Acceptable Use standards.

5. AI Features and Third-Party Providers

FilmPro's AI Co-Producer and associated AI features use third-party large language models (LLMs) and image models, such as those from OpenAI, Anthropic, and Replicate (collectively, "AI Providers"), to power automated content generation.

1. Data Processing and Sharing:
   • No Model Training: We do not train or fine-tune our AI Providers' models with your data. However, we do transmit your uploaded scripts, prompts, and other relevant context to these AI Providers in order to generate outputs upon your request.
   • Consent: By using the AI features, you consent to this data sharing. If you do not wish for your data to be processed by these third-party AI Providers, do not use the AI features.
2. Output Ownership and License:
   • User Ownership: You retain ownership of both (i) the content you provide as input to the AI Co-Producer ("Input") and (ii) the AI-generated output ("Output") to the extent permitted by law.
   • License to FilmPro: You grant FilmPro a limited, non-exclusive license to use, process, store, and display your Input and Output as necessary to provide and improve the Services. FilmPro and its AI Providers retain all rights to the underlying AI models.
3. Accuracy and Limitations of AI:
   • No Guarantee of Accuracy: The AI outputs are generated by algorithms and may be incomplete, inaccurate, or contain unintended information. You should independently review and verify any AI-generated content before relying on it.
   • Optional Feature: The AI features are offered as optional tools. FilmPro does not guarantee they will meet your expectations or production requirements.
4. Third-Party Terms and Policies:
   • Your use of the AI features is also subject to the terms, policies, and usage guidelines of our AI Providers, which may be updated from time to time.
   • FilmPro is not responsible for the content or practices of these third-party AI Providers beyond our contractual arrangements with them.

6. User Content and Intellectual Property

1. User Content:
   • You retain all rights in any scripts, text, images, and other materials you upload or submit to the Services ("User Content").
   • By submitting User Content, you represent and warrant that you have all necessary rights to do so and that such content does not infringe or violate any third-party rights.
2. License to FilmPro: You grant FilmPro a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, display, and process your User Content solely to provide, maintain, and improve the Services (including AI-based functionalities).
3. FilmPro Intellectual Property: All FilmPro trademarks, logos, service marks, software, and other proprietary materials are owned by or licensed to FilmPro. Except for the limited right to use the Services as outlined here, you receive no license or ownership rights in FilmPro's intellectual property.
4. DMCA and Copyright Infringement Claims:
   • If you believe content on the Services infringes your copyright, please submit a notice to our designated copyright agent at support@filmpro.ai. Include the information required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
   • FilmPro reserves the right to remove or disable access to alleged infringing content and to terminate repeat infringers' accounts.

7. Privacy and Data Protection

1. Privacy Policy: Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and share your personal information. By using the Services, you consent to the data practices described therein.
2. Data Retention: We retain your data as necessary for legitimate business purposes and to fulfill the functionality of the Services. You may request data deletion at any time; we will comply subject to any legal or operational requirements.
3. Compliance with Laws: FilmPro complies with applicable data protection laws, including (where relevant) the GDPR (General Data Protection Regulation) and CCPA (California Consumer Privacy Act). If you have questions regarding data processing or need a Data Processing Addendum (DPA), please contact us at support@filmpro.ai.

8. Disclaimers and Limitation of Liability

1. Disclaimer of Warranties:
   • The Services, including AI-generated outputs, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, or statutory.
   • FilmPro disclaims all warranties, including merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
   • AI Output: FilmPro makes no guarantee that AI outputs will be accurate, reliable, or error-free, and disclaims liability for any decisions or actions taken based on such outputs.
2. Limitation of Liability:
   • Indirect Damages: To the fullest extent permitted by law, FilmPro shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including lost profits, business interruptions, or loss of data) arising out of or in connection with these Terms or your use of the Services.
   • Liability Cap: In no event shall FilmPro's total liability exceed the amount you paid to FilmPro in the twelve (12) months preceding the event giving rise to the claim. If you have not paid any fees, FilmPro's total liability shall not exceed one hundred U.S. dollars ($100).
   • Jurisdictional Restrictions: Some states or jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, the above limitations may not apply to you to the extent prohibited by law.
3. Third-Party Beneficiaries (AI Providers):
   • Any disclaimers or limitations of liability in these Terms also extend to FilmPro's AI Providers, who are intended third-party beneficiaries of such disclaimers and limitations.

9. Indemnification

You agree to indemnify, defend, and hold harmless FilmPro and its affiliates, including their respective officers, directors, employees, contractors, agents, and AI Providers (the "Indemnified Parties"), from any and all claims, actions, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Services (including AI features);
• Your breach of these Terms;
• Your violation of any applicable law or the rights of any third party (including intellectual property rights);
• Content you upload or generate through the Services (including any claim that such content infringes upon or misappropriates another's rights).

10. Termination

1. Termination by FilmPro: We may suspend or terminate your access to the Services at any time if we determine, in our sole discretion, that you have violated these Terms or any applicable law, or for any other lawful reason.
2. Termination by You: You may delete your account or cease using the Services at any time. If you cancel your subscription, it remains active until the end of the current billing cycle.
3. Effect of Termination: Upon termination, you lose all access to the Services. We may delete or retain your data in accordance with our Privacy Policy and any applicable laws.

11. Modifications to the Terms

We may update or modify these Terms from time to time. If we make material changes, we will provide notice (e.g., by email or a prominent notice on our website) before the changes become effective.

Your continued use of the Services after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree, you must stop using the Services.

12. Dispute Resolution

1. Governing Law: These Terms and any disputes hereunder are governed by the laws of the State of Florida, USA, without regard to conflict-of-law principles.
2. Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be finally settled by binding arbitration in Miami-Dade County, Florida, in accordance with the applicable rules of arbitration. Judgment on the arbitration award may be entered in any court having jurisdiction.
3. Class Action Waiver: You agree to resolve disputes on an individual basis. You waive any right to bring or join a class, collective, or representative action against FilmPro.
4. Injunctive Relief: Nothing in this section shall limit either party's right to seek preliminary or injunctive relief in a court of competent jurisdiction where appropriate.

13. General Provisions

1. Entire Agreement: These Terms, along with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and FilmPro regarding your use of the Services.
2. Severability: If any provision of these Terms is deemed unlawful or unenforceable, that provision will be severed from these Terms, and the remaining provisions will remain in effect.
3. No Waiver: A party's failure or delay to enforce any provision of these Terms does not waive its right to do so later.
4. Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. FilmPro may freely assign or transfer these Terms, in whole or in part, without restriction.
5. Notices: All notices to FilmPro must be in writing and emailed to info@filmpro.ai. We may provide notices to you via email, through the Services, or by posting an update on our website.

14. Contact Us

If you have any questions or concerns about these Terms or the Services, please contact us at:

• Email: support@filmpro.ai
• Address: FilmPro, Inc., Miami-Dade County, Florida, USA

By using the FilmPro Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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