Terms of Service

1. Introduction and Acceptance of Terms

By accessing, creating an account, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other guidelines or rules incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and revising the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

2. User Eligibility and Geographic Restrictions

2.1. Age Requirement:The Service is intended solely for users who are at least eighteen (18) years of age or the age of legal majority in their jurisdiction, whichever is greater. By using the Service, you represent and warrant that you meet this age requirement. We do not knowingly collect information from, or create accounts for, individuals under 18 years of age. If we learn that a user is under 18, we will take steps to terminate their account and delete their data.

2.2. Geographic Restrictions:The Service is not available to individuals or entities located in, or residents of, certain jurisdictions. You are expressly prohibited from accessing or using the Service if you are located in:

• The People's Republic of China (including the Special Administrative Regions of Hong Kong and Macau)
• The Republic of Singapore
• India
• Any other jurisdiction where access to or use of the Service would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction.

You agree not to use any technology or technique, such as a VPN service, to circumvent these geographic restrictions.

2.3. Export Controls:You may not use or export the Service in violation of U.S. export laws and regulations or any applicable international laws.

3. Account Obligations

3.1. Account Information:You agree to provide accurate, current, and complete information when creating your account and to keep this information updated. You are solely responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.

4. Intellectual Property Rights

4.1. Service Ownership:The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by makefilm.ai, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2. Restrictions:You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as permitted by these Terms.

5. Content and User Conduct

5.1. Community Guidelines:Your use of the Service is subject to our Community Guidelines, which are incorporated into these Terms by reference. Our Core Commitment is to safety and responsible creativity. We want you to unleash your imagination, but never at the expense of the safety, rights, or well-being of others.

5.2. User-Generated Content Disclaimer and Responsibility:You are solely and exclusively responsible for all text, prompts, images, videos, audio, and any other materials you create, upload, submit, generate using the Service, or otherwise make available through the Service ("User Content").

You acknowledge and agree that the Service is a tool, and the Company is a neutral platform provider. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content generated through the Service. You understand that by using the Service, you may be exposed to content that might be offensive, harmful, inaccurate, or otherwise inappropriate. Under no circumstances will the Company be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content.

You represent and warrant that you have all necessary rights, licenses, and permissions to create, upload, and use your User Content as contemplated by these Terms, and that your User Content does not violate these Terms, applicable law, or infringe the rights of any third party.

5.3. Zero-Tolerance for Illegal & Harmful Content

makefilm.ai maintains a strict zero-tolerance policy for illegal, harmful, or dangerous content and behavior. Creating, uploading, generating, or sharing ANY of the following will result in immediate and permanent account termination and reporting to law enforcement where applicable:

• Child Sexual Abuse Material (CSAM):This is the most severe violation. Any content, regardless of how it was created, that depicts, promotes, or facilitates the sexual abuse or exploitation of minors is strictly forbidden. We are legally obligated to report all instances of suspected CSAM to the appropriate authorities.
• Non-Consensual Sexual Content:Content depicting sexual violence, non-consensual nudity, or non-consensual sexual acts, including the sharing of private sexual images or videos of someone without their permission ("revenge porn").
• Extreme Violence, Gore, and Self-Harm:Content that is excessively graphic or depicts or promotes: gratuitous violence, torture, dismemberment, murder, horror; intentional physical trauma; self-harm, suicide, or the glorification of such behavior; or animal cruelty and abuse.
• Illegal Activities:Content that promotes, depicts, or abets illegal activities, including but not limited to illegal drug use or transactions, gambling, and human trafficking.
• Other Highly Offensive Content:Excessively vulgar, obscene, or disgusting content, including but not limited to depictions of bestiality, rape, or incest.

5.4. Other Restricted Content and Behavior

While not always illegal, the following types of content and behavior are harmful to the community and are not permitted on makefilm.ai:

• Hate Speech and Discrimination:Content that promotes hatred, discrimination, disparagement, or violence against individuals or groups based on race, ethnicity, national origin, religion, age, disability, serious disease, genetic information, sex, sexual orientation, gender identity, or any other protected characteristic. This includes content promoting terrorism or extremism.
• Harassment, Bullying, and Threats:Bullying, harassing, intimidating, defaming, threatening, or stalking others.
• Infringement of Rights:Creating or sharing content that infringes or violates the intellectual property rights (e.g., copyright, trademark), privacy rights, publicity rights, or any other rights of any third party.
• False Information and Deceptive Deepfakes:Spreading rumors, false information, political disputes, or using deep learning/VR to create non-real depictions of identifiable individuals without their consent or clear labeling. Any non-real depiction of a person must be clearly and conspicuously labeled as AI-generated or synthetic.
• Spam and Malicious Content:Constituting unsolicited or unauthorized advertising, promotional materials, spam, phishing attempts, chain letters, or pyramid schemes. Uploading or transmitting files that contain viruses, corrupted data, or any other malicious software.
• Circumvention of Safety Features:Attempting to circumvent any content filters, moderation systems, safety mechanisms, or other restrictions implemented by makefilm.ai.
• Impersonation:Impersonating any person or entity or misrepresenting your affiliation with any person or entity in a way that is misleading or harmful.

5.5. Prohibited Technical Activities

You may not:

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the Service
• Use automated systems or software to extract data from the Service (web scraping)
• Attempt to probe, scan, or test the vulnerability of the Service or breach any security measures
• Use the Service to develop competing products or services
• Interfere with or disrupt the Service or servers or networks connected to the Service

Violation of this Section 5 is a material breach of these Terms and may result in immediate account suspension or termination.

6. User Content Licenses

6.1. Ownership:You retain ownership of the User Content you create, upload, or submit to the Service.

6.2. License to makefilm.ai:By submitting, generating, or making available User Content through the Service, you grant to makefilm.ai a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (multi-tier), and transferable license to use, host, store, modify, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, transfer, and otherwise exploit all copyrights, trademarks, patent rights, and other intellectual property rights in and to your User Content in connection with the operation, maintenance, improvement, and promotion of the Service and makefilm.ai's business, including for training and improving our AI models.

6.3. License to Other Users (for Public Content):If you choose to make your User Content publicly available on the Service (e.g., sharing in a public gallery or feed), you grant to other users of the Service a worldwide, non-exclusive, royalty-free, sublicensable license to access, use, reproduce, distribute, prepare derivative works of, display, and perform such public User Content solely through the functionality of the Service for personal, non-commercial purposes, and with attribution to you where technically feasible and appropriate.

6.4. AI-Generated Output:Subject to the licenses granted herein, makefilm.ai acknowledges that, as between you and makefilm.ai, you generally own the unique assets you create using the Service, provided such creation complies with these Terms.

7. DMCA Copyright Policy

7.1. Copyright Compliance:makefilm.ai respects the intellectual property rights of others and expects users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA).

7.2. Copyright Infringement Notice:If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated agent with the following information:

• A physical or electronic signature of the copyright owner or authorized representative
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and information sufficient to locate the material
• Your contact information
• A statement that you have a good faith belief that use of the material is not authorized
• A statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner

7.3. Designated Agent:DMCA notices should be sent to: [email protected]

8. Content Moderation and Enforcement

8.1. Right to Monitor and Review:You acknowledge that makefilm.ai reserves the right, but not the obligation, to monitor, review, screen, or remove any User Content at any time and for any reason, including to determine compliance with these Terms and applicable laws. We may use automated systems and/or human review to detect prohibited content.

8.2. Sole Discretion:makefilm.ai reserves the right, in its sole discretion, to determine whether User Content or conduct violates these Terms.

8.3. Enforcement Actions:If we believe that User Content or your conduct violates these Terms, we may take any action we deem appropriate, including but not limited to:

• Removing, deleting, blocking, or modifying the offending User Content.
• Issuing a warning.
• Restricting your access to certain features of the Service.
• Temporarily suspending your account.
• Permanently terminating your account.
• Blocking your IP address or preventing future access to the Service.

8.4. Action Without Notice:You agree that makefilm.ai may take any of the enforcement actions listed above, including account suspension or termination, immediately and without prior notice to you, especially in cases involving severe violations of our policies or actions that pose a risk to the Service, its users, or third parties.

8.5. Cooperation with Authorities:We cooperate fully with law enforcement and regulatory authorities. We reserve the right to report suspected unlawful activity and to disclose relevant user information, including user profiles, email addresses, usage history, content, IP addresses, and traffic information, without your consent or prior notice, when required by law, in response to legal process (e.g., court order, subpoena, warrant), or when we have a good faith belief that disclosure is necessary to prevent imminent harm or protect the safety of our users or the public.

9. Service Availability and Technical Limitations

9.1. No Guarantee of Availability:We do not guarantee that the Service will be available at all times or without interruption. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.

9.2. Technical Limitations:The Service has technical processing limitations. You acknowledge that AI-generated content may contain errors, inaccuracies, or unexpected results. The quality and accuracy of outputs depend on various factors including but not limited to input quality, model limitations, and processing constraints.

9.3. Right to Modify:We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice.

10. Payments, Subscriptions, and Refunds

10.1. Auto-Renewal:Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. By purchasing a subscription, you authorize us to charge your payment method on a recurring basis. We will notify you in advance of any price changes, and such changes will take effect at the start of the next billing period following the notice.

10.2. Subscription Management:You can manage your subscription settings, including cancellation, in your account dashboard under "Manage Subscription."

10.3. Refund Policy

Thank you for choosing our services. We are committed to ensuring a high-quality experience for all our users. Understanding the complexities of digital services, we have established the following refund policy:

• Eligibility for Refunds:Refunds are only applicable under exceptional circumstances. These circumstances include but are not limited to:
  • Service Downtime:Refunds may be issued if our service is unavailable or non-functional for an extended period, impacting on your ability to use the service as intended.
  • Unauthorized Use of Payment Method:If a payment is made without your authorization, using your payment method, you may be eligible for a refund.
• Exclusions:
  • Refunds are not applicable for dissatisfaction with the service output, such as the quality of AI-generated videos or the nature of AI responses.
  • Refunds are not granted for user errors, such as accidental purchases or misinterpretation of service features.
• Refund Request Procedure:
  • To request a refund, you must contact our support team at [email protected] within 7 days of the transaction. Please provide your transaction details and a clear explanation of the reason for the refund request.
  • Our team will review your request and determine eligibility based on the criteria outlined above. We aim to process all requests promptly, but please allow up to 10 business days for a response.
• Refund Processing:Approved refunds will be processed to the original method of payment. Please note that the time frame for the refunded amount to reflect in your account may vary depending on your bank or payment provider.

We reserve the right to modify or amend this policy at any time. Your continued use of the Service after any such amendments constitutes your acceptance of the new policy.

11. Third-Party Links and Services

11.1. Third-Party Content:The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by makefilm.ai. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.

11.2. Your Risk:Your use of third-party websites and services is at your own risk and subject to the terms and conditions of use for such sites and services. We recommend that you review the terms and privacy policies of any third-party sites you visit.

12. Data Use for Safety and Compliance

You acknowledge and agree that makefilm.ai may collect, process, and store your data, including User Content, usage data, technical information, and communication logs, for the purpose of operating, maintaining, and improving the Service, and also explicitly for: monitoring and enforcing compliance with these Terms; screening for violations; investigating complaints; ensuring the safety and security of the Service and its users; and complying with legal obligations. By using the Service, you consent to such processing of your data for safety and compliance purposes.

13. Disclaimers

13.1. Service "AS IS" and "AS AVAILABLE":THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

13.2. No Warranties:TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MAKEFILM.AI, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

13.3. User Content Disclaimer:MAKEFILM.AI DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT. You acknowledge that we are not responsible for any User Content and do not guarantee its accuracy, integrity, or quality.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAKEFILM.AI, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER.

THE ENTIRE LIABILITY OF MAKEFILM.AI AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THESE TERMS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE IN THE IMMEDIATELY PRECEDING SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR 100 USD IF YOU HAVE NOT PAID ANYTHING.

15. Indemnification

You agree to indemnify, defend, and hold harmless makefilm.ai, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your User Content, or your use of the Service.

16. Disputes Between Users

makefilm.ai is not responsible for disputes between users. You acknowledge that we are merely a platform provider and have no obligation to become involved in disputes between users. You release us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

17. Dispute Resolution: Mandatory Arbitration and Class Action Waiver

THIS SECTION IS CRITICAL AND AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

17.1. Governing Law:These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law provisions.

17.2. Mandatory Binding Arbitration:You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Service (collectively, "Disputes"), will be resolved solely by final and binding arbitrationadministered by the Singapore International Arbitration Centre (SIAC).

17.3. Arbitration Rules and Venue:The arbitration will be conducted in accordance with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English. The number of arbitrators shall be one.

17.4. Class Action Waiver:

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

18. Termination and Post-Termination

18.1. Termination by You:You may terminate your account at any time through your account settings.

18.2. Termination by Us:We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

18.3. Effect of Termination:Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18.4. Data Retention:Following termination, we may delete your account and User Content after thirty (30) days. You are solely responsible for retrieving your User Content prior to termination if you wish to retain copies.

19. Notices

19.1. Notice to You:We may provide notices to you via: (i) email to the email address associated with your account; (ii) in-app notifications; (iii) posting on the Service; or (iv) other means reasonably calculated to reach you. You consent to receive electronic communications from us.

19.2. Notice to Us:Notices to us should be sent to [email protected]

20. Changes to Terms

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

21. Miscellaneous

21.1. Entire Agreement:These Terms constitute the entire agreement between you and makefilm.ai regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

21.2. Waiver:The failure of makefilm.ai to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

21.3. Severability:If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

21.4. Assignment:You may not assign or transfer these Terms, by operation of law or otherwise, without makefilm.ai's prior written consent. Any attempt by you to assign or transfer these Terms without such consent shall be null and void. makefilm.ai may freely assign or transfer these Terms without restriction.