By accessing or using the Service, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to these Terms, do not use the Service.
1. Acceptance of Terms
By creating an account or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. You also agree to comply with all applicable laws and regulations in connection with your use of the Service.
2. User Obligations
2.1. Age Requirement:
You must be at least 18 years of age to use the Service. 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. 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.
2.3. Content Accountability:
You are solely responsible for all content, including text prompts, images, videos, audio, and any other materials, that you create, upload, submit, generate using the Service, or otherwise make available through the Service ("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.
3. Community Guidelines and Content Policy
Welcome to the makefilm.ai community! This space is for creative exploration using AI tools. To ensure a safe, positive, and legal environment for everyone, all users must adhere to the following rules. These guidelines are a core part of our Terms.
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.
3.1. 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.
3.2. 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.
Violation of this Section 3 is a material breach of these Terms and may result in immediate account suspension or termination.
4. User Content Licenses
4.1. Ownership:
You retain ownership of the User Content you create, upload, or submit to the Service.
4.2. 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.
4.3. 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, sublicenseable 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.
4.4. 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.
5. Content Moderation and Enforcement
5.1. 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.
5.2. Sole Discretion:
makefilm.ai reserves the right, in its sole discretion, to determine whether User Content or conduct violates these Terms.
5.3. 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.
5.4. 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.
5.5. 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.
6. Payments, Subscriptions, and Refunds
6.1. 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 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 images or the nature of AI chat 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.
7. 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.
8. Disclaimers
8.1. 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.
8.2. 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.
8.3. 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.
9. 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.
10. 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.
11. Governing Law
These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law principles.
12. 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.
13. Miscellaneous
These Terms constitute the entire agreement between you and makefilm.ai regarding the Service. 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. 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.
14. Contact Information
If you have any questions about these Terms, please contact us at [email protected].