Cinemagiq Terms of Service

1. Definitions

• Service, the Cinemagiq platform, including AI image, video, and audio generation, the production tools, and the Steve AI assistant.
• User Content, content you upload or input (files, images, audio, documents, scripts, prompts, and reference material).
• Generated Content, content produced by third-party AI models through the Service in response to your prompts, settings, and other inputs.
• AI Providers, the third-party companies that develop and operate the AI models available through the Service.
• Workspace, a personal or team account container that owns projects, content, and a token-credit balance.
• Tokens, the prepaid usage credits consumed when you generate content.

2. Eligibility

You must be at least 16 years old to use the Service. To purchase a paid plan or otherwise form a paid contract, you must be at least 18 (or the age of majority where you live) or have the consent of a parent or legal guardian who agrees to these Terms. By using the Service you represent that you meet these requirements and that the information you provide is accurate.

3. Accounts and Security

• You must create an account to use the Service and provide accurate information.
• You are responsible for safeguarding your credentials and for all activity under your account.
• Notify us promptly at support@cinemagiq.com if you suspect unauthorized use.
• We may suspend or terminate accounts that violate these Terms, abuse the Service, or pose a security or legal risk (see §20).

4. Plans, Subscriptions, and Payments

• Plans. The Service offers a free tier and paid tiers (currently Mini, Midi, and Maxi), each granting a monthly allowance of Tokens and storage. Features and prices are described in the app and may change.
• Billing. Paid plans are billed through our payment processor, Stripe. By subscribing, you authorize recurring charges to your payment method.
• Auto-renewal. Subscriptions renew automatically each billing period (monthly or annual) until cancelled. You may cancel at any time in your account settings; cancellation takes effect at the end of the current paid period.
• Taxes. Prices are tax-inclusive where applicable. Token top-ups purchased on free-tier workspaces carry a surcharge (currently 20%), which is included in the price shown at checkout. You are responsible for any taxes not collected by us.
• Price changes. We may change prices; we will give reasonable notice, and changes apply from your next billing period.
• Refunds. Except where required by law, payments and Tokens are non-refundable. Cancelling stops future renewals but does not refund the current period.
• EU/UK consumers: right of withdrawal. If you are a consumer in the European Economic Area or the United Kingdom, you have a statutory right to withdraw from a purchase of digital services within 14 days without giving a reason. By purchasing a subscription or Tokens, you request that we begin providing the Service immediately, and you acknowledge that once you consume Tokens or otherwise use the paid Service within the withdrawal period, you lose the right of withdrawal for the part of the Service already performed. To exercise the withdrawal right, contact support@cinemagiq.com within 14 days of purchase; we will refund amounts for which the right still applies. Your mandatory statutory rights remain unaffected.

5. Team Workspaces and Seats

• Team workspaces are billed per seat. Adding or removing members changes your seat count and is prorated on your subscription.
• Workspace admins are responsible for managing members, invitations, and billing, and for the members they invite.
• Certain Cinemagiq support accounts may be added to a workspace without counting toward billable seats.
• All members of a workspace can access the projects and content in that workspace. You are responsible for who you invite.

6. Token Credits

• Generating content consumes Tokens. Tokens are reserved when a job starts and refunded if the job fails.
• Tokens are tied to a Workspace, have no cash value, are not transferable, and are non-refundable, except where required by law.
• Concurrency and usage limits may apply based on your plan.
• We may adjust Token costs for features over time; changes apply going forward.

7. API Access

We provide API access to parts of the Service (for example, an image-generation endpoint authenticated by an API key you create in your account settings). Content you submit and generate through the API is User Content and Generated Content under these Terms, and §§8 to 10 apply to it. For all API usage:

• You are responsible for keeping your API keys secret and for all usage under them.
• API usage consumes Tokens and is subject to rate and metering limits.
• You may not use the API to abuse, overload, or circumvent the Service, its limits, or its billing.

8. Your Content and the License You Grant Us

• You own your User Content. We do not claim ownership of it.
• License to operate the Service. You grant Cinemagiq a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting and processing), transmit, and display your User Content solely to provide and improve the Service, including transmitting it to the third-party AI and infrastructure providers described in our Privacy Policy and §13.
• Your responsibilities. You represent that you own or have the necessary rights to your User Content and to any inputs you provide (including reference images and any name, likeness, or voice), and that your User Content and its use do not infringe or violate any third-party rights or law.

9. AI Models and Generated Content

• Cinemagiq is not an AI model provider. Cinemagiq is a production platform. We do not develop, train, own, or operate the AI models available in the Service; AI Providers do. When you generate, the Service sends your prompts, settings, and inputs to the model you select and returns that model's output to you. We do not control, and cannot predict, what a model produces.
• Ownership. As between you and Cinemagiq, and to the maximum extent permitted by applicable law and the AI Providers' terms, you own the Generated Content you create through the Service, and we assign to you any rights we may have in it.
• Provider terms. Generated Content is subject to the usage terms and restrictions of the AI Provider whose model produced it.
• No guarantees. AI outputs may be inaccurate, may not be unique, and may resemble existing works, trademarks, real people, or content generated for other users. We do not warrant that Generated Content is original, non-infringing, lawful to use, or fit for any particular purpose.
• You are solely responsible. You are solely responsible for your inputs, for the Generated Content created from them, and for every use you make of it, including publishing, distributing, or commercially exploiting it. Before you use Generated Content, you must make sure it does not infringe or violate any copyright, trademark, right of publicity or privacy, or other right, and obtain any clearances, licenses, or consents you need (including for any third party's name, likeness, or voice).
• No liability for Generated Content. To the maximum extent permitted by law, Cinemagiq is not responsible or liable for any claim that Generated Content, or your use of it, infringes or violates a third party's rights or any law, whether the claim concerns your inputs or the output a model produced from them. Cinemagiq does not indemnify or defend you against any such claim.
• No duty to review. We have no obligation to review or monitor Generated Content. Safety filters or moderation applied by us or by AI Providers do not mean we have reviewed, cleared, or approved any content.

10. Acceptable Use

You agree not to use the Service to:

• violate any law or third-party right, including intellectual property, privacy, or publicity rights;
• generate, upload, or distribute content that is illegal, infringing, defamatory, or harmful;
• create non-consensual intimate imagery, sexual content involving minors, or any child sexual abuse material;
• create deepfakes or use a real person's name, likeness, or voice without their consent, or impersonate any person or entity;
• generate harassment, hate, or content that promotes violence or unlawful harm;
• gain unauthorized access to, disrupt, overload, or interfere with the Service or its security;
• transmit malware or harmful code;
• scrape, resell, or commercially exploit the Service except as expressly permitted; or
• circumvent usage limits, billing, or access controls.

We may remove content and suspend or terminate access for violations, and we may enforce the content policies of our third-party AI providers.

11. Cinemagiq Intellectual Property

The Service, including the website, application, software, design, and trademarks, is owned by Cinemagiq and protected by law. Except for the rights expressly granted to you in these Terms, you may not reproduce, distribute, modify, or create derivative works of the Service without our written consent.

12. Feedback

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

13. Third-Party Services

The Service relies on third-party providers for hosting, payments, email, error monitoring, and AI generation (including Anthropic, OpenAI, Google, the Lovable AI Gateway, Fal.ai, Runway, BytePlus, Topaz Labs, ElevenLabs, Stripe, and others described in our Privacy Policy). Your use of features powered by these providers is also subject to their terms. AI Providers are independent companies, not agents of Cinemagiq. We are not responsible for their models, outputs, policies, availability, or changes, and we may add, change, or remove models at any time. We are not responsible for third-party services, outages, or changes outside our control.

14. Copyright and DMCA

We respect intellectual property rights. If you believe content on the Service infringes your copyright, send a notice to support@cinemagiq.com with the information required under the U.S. Digital Millennium Copyright Act (DMCA), including identification of the work, the allegedly infringing material, your contact information, and a statement of good-faith belief. We will respond to valid notices and may remove infringing content and terminate repeat infringers.

15. Beta and Experimental Features

We may offer new, beta, or experimental features and AI models. These are provided "as is," may change or be removed at any time, and may be less reliable than generally available features.

16. Service Availability and Changes

We may modify, suspend, or discontinue any part of the Service at any time. We aim to provide reasonable notice of material changes but do not guarantee uninterrupted availability.

17. Disclaimer of Warranties

The Service and all content, including Generated Content, are provided "as is" and "as available," without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty regarding the accuracy, reliability, or originality of AI outputs. We do not warrant that the Service will be uninterrupted, secure, or error-free.

18. Limitation of Liability

To the maximum extent permitted by law, Cinemagiq and its affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, or goodwill, arising from or related to the Service. Our total liability for any claim arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts you paid us in the 12 months before the event giving rise to the claim, or (b) USD 100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

19. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Cinemagiq, its affiliates, and their officers, directors, employees, and agents from and against any claims, demands, actions, damages, losses, liabilities, fines, costs, and expenses (including reasonable legal fees) arising out of or related to:

• your User Content and any other inputs you provide;
• your Generated Content, including any claim that it, or your use, publication, or distribution of it, infringes or violates any intellectual property, publicity, privacy, or other right, regardless of which AI model produced it;
• your use of the Service, including any use under your account or API keys; or
• your violation of these Terms, any law, or any third-party right.

We will make reasonable efforts to notify you of any claim covered by this section. We may choose to control the defense and settlement of the claim at your expense, and you will cooperate with us. You may not settle a claim in a way that imposes any obligation on Cinemagiq or admits fault on its behalf without our prior written consent. Cinemagiq does not indemnify you.

If you are a consumer in the European Economic Area or the United Kingdom, this section applies to the extent permitted by the mandatory consumer law of the country where you live.

20. Suspension and Termination

• You may stop using the Service and delete your account at any time.
• We may suspend or terminate your access for violation of these Terms, abuse, non-payment, or legal or security risk.
• On termination, your right to use the Service ends. Deleted content is recoverable for a limited window (currently 30 days) before permanent deletion, after which it cannot be recovered. Unused Tokens are forfeited on termination except where required by law.
• Sections that by their nature should survive termination (including §§8 to 9, 11, 17 to 19, 22 to 23) will survive.

21. Export Controls and Sanctions

You represent that you are not located in, and will not use the Service in, a country or region subject to comprehensive sanctions, and that you are not on any restricted-party list. You agree to comply with all applicable export-control and sanctions laws.

22. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules, except where mandatory local consumer law applies to you. If you are a consumer in the European Economic Area or the United Kingdom, you also benefit from the mandatory consumer-protection provisions of the law of the country where you live, and nothing in these Terms deprives you of that protection.

23. Dispute Resolution; Arbitration; Class-Action Waiver

Please read this section carefully, it affects how disputes are resolved.

• Informal resolution first. Before filing a claim, you agree to contact us at support@cinemagiq.com and try to resolve the dispute informally for at least 30 days.
• Binding arbitration (where permitted). If you are located in the United States, or in another jurisdiction where pre-dispute arbitration agreements with consumers are permitted, any dispute not resolved informally will be settled by binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court.
• Class-action waiver (where permitted). Where arbitration applies, disputes will be resolved only on an individual basis; you and Cinemagiq waive any right to participate in a class, consolidated, or representative action, to the extent such a waiver is permitted by the law that applies to you.
• EU/UK and other consumers. If you are a consumer in the European Economic Area, the United Kingdom, or another jurisdiction whose law does not permit mandatory pre-dispute arbitration, this arbitration agreement and class-action waiver do not apply to you. You may bring claims in the courts of the country where you live, under the mandatory consumer law of that country.
• Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@cinemagiq.com with your account email and a statement that you opt out.

24. Changes to These Terms

We may update these Terms as the Service evolves. We will revise the "last updated" date above and, for material changes, provide reasonable notice by email or in-app. Your continued use of the Service after changes take effect constitutes acceptance.

25. Miscellaneous

• These Terms and the Privacy Policy are the entire agreement between you and Cinemagiq regarding the Service, except where an Enterprise Agreement applies (see "Enterprise customers" at the top of these Terms).
• If any provision is found unenforceable, the rest remains in effect.
• We may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign them without our consent.
• Our failure to enforce a provision is not a waiver.
• We are not liable for delays or failures caused by events beyond our reasonable control.

26. Contact

Cinemagiq, Inc.

2810 North Church Street, Wilmington, DE 19802, United States

support@cinemagiq.com