CineMake Terms of Service

Version: v0.5.0

CineMake Terms of Service

Effective Date: January 27, 2026 Version: 0.5.0

  1. Definitions

    1. "CineMake," "we," "us," "our" means the CineMake online platform and operator. "User," "you" means any person or entity that creates an account or uses the Service. "Credits" (CMC) are CineMake metering units that are debited for renders and other metered features. "Subscription" means a recurring plan with included features and/or Credits. "Credit Pack" means a one-time purchase of Credits with break-the-seal refund rights. "Providers" means upstream vendors and infrastructure used by CineMake, including OpenAI, Google (Veo/Vertex AI), Google Cloud Storage, Supabase, Clerk, Vercel, and Paddle. "Ledger" means CineMake's append-only audit trail of material events (including policy versions accepted, timestamps, IP address, user agent, and applicable provider notices).

  2. Contract Formation; Clickwrap Consent; Changes

    1. Assent. You accept these Terms by selecting an unchecked consent box and clicking a button labeled "Agree," "Continue," or similar, on a conspicuous screen that links to these Terms and our Privacy and Refund Policies. Your assent is recorded in the Ledger. Courts have upheld clickwrap agreements formed by an active checkbox and confirm button where terms are reasonably presented.
    2. Notice and prominence. Our consent screen uses a blocking flow on web and mobile, with accessible, underlined links and visible focus styles. Similar blocking, prominent interfaces were held sufficient to put users on reasonable notice in recent appellate rulings.
    3. Changes. We may update these Terms. Material changes require re-acceptance via a blocking screen before continued use; otherwise, updates take effect upon posting and your continued use constitutes acceptance. The Ledger stores the version you accepted. (Clickwrap updates of this kind have been enforced where notice and assent are clear.)
    4. Provider Terms Updates. OpenAI and Google may update their terms from time to time. Per OpenAI's Terms of Use (effective January 1, 2026), material changes require 30 days' advance notice. Per Google Cloud Terms of Service (last modified October 13, 2025), material URL Terms updates become effective 30 days after posting. We will notify you of material Provider changes that affect your use of the Service.

  3. Eligibility; Accounts

    1. Minimum age. The Service is not directed to children under 13.
    2. Account security. Accounts are provisioned through Clerk; you are responsible for safeguarding credentials and enabling available security measures (e.g., MFA).

  4. Service; Credits; Moderation

    1. Service. CineMake provides AI-assisted video creation and related tools, with credit-based rendering and watermark tiers.

    2. Credits (CMC). Credits are debited per use at posted rates. Rates vary by provider, quality tier, and video duration. Current rates are displayed in the Shop and at checkout. The Ledger records all credit transactions.

    3. Variable Pricing. Credit costs may fluctuate based on the costs of the underlying technology stack that powers the Service. These costs include, but are not limited to:

      • Video generation providers (Google Veo/Vertex AI, OpenAI)
      • Cloud storage and content delivery (Google Cloud Storage, CDN egress, storage classes)
      • Database and backend services (Supabase PostgreSQL)
      • Compute and hosting infrastructure (Vercel serverless functions, edge network)
      • Authentication and identity services (Clerk)
      • Payment processing (Paddle)
      • AI/ML inference and prompt processing costs
      • Market demand and operational conditions

      We will display current pricing in the Shop prior to purchase. Price changes take effect on new purchases only; existing Credit balances retain their value. We reserve the right to adjust credit rates as underlying infrastructure costs change.

    4. Moderation. We enforce Provider safety rules and may block, watermark, blur, remove, or refuse content; rate-limit requests; or suspend accounts to comply with Provider policies and applicable law.

  5. Provider Terms (Your Upstream Obligations)

    1. You must comply with applicable Provider terms and usage policies when your projects invoke those services:
      • OpenAI (Terms of Use effective January 1, 2026; Privacy Policy updated June 27, 2025): You may not use outputs to develop competing models, represent AI output as human-generated, circumvent safety measures, or violate their Usage Policies. OpenAI assigns output ownership to you where permitted by law, but outputs may not be unique across users.
      • Google Veo/Vertex AI (Google Cloud Terms of Service last modified October 13, 2025; Cloud Privacy Notice effective December 18, 2025): You must comply with Google's Acceptable Use Policy, Prohibited Use Policy for generative AI, and responsible AI guidelines. Google retains no rights to your Customer Data beyond providing the Service. Automated safety tools may log prompts if abuse is detected.
    2. We surface Provider notices in-product and may require separate acknowledgments. You are responsible for reviewing Provider terms at their respective sites.

  6. Intellectual Property

    1. Your content. You own your inputs and your outputs, subject to law, third-party rights, and applicable Provider terms. Per OpenAI's Terms of Use, OpenAI assigns to you all right, title, and interest in outputs (where permitted by law). Per Google Cloud Terms of Service, you retain all Intellectual Property Rights in your Customer Data.
    2. License to CineMake. You grant CineMake a worldwide, non-exclusive, sublicensable license to host, store, process, transmit, display, and analyze your inputs/outputs solely to provide, secure, moderate, support, and improve the Service.
    3. Platform IP. CineMake retains all rights in the Service, software, models we own, documentation, UI, and trademarks. No implied licenses.
    4. AI Output Accuracy. Per both OpenAI and Google's responsible AI guidelines, AI-generated outputs may not always be accurate, may contain hallucinations, and should not be relied upon as a sole source of truth. You are responsible for reviewing outputs before use.

  7. Prohibited Uses

    1. You may not use the Service to: violate law; infringe IP or privacy/publicity rights; generate illegal or exploitative sexual content (including any content involving minors); engage in or incite violence, terrorism, or hate crimes; create malware or attempt to bypass safety systems; conduct doxxing, unlawful surveillance, or non-consensual intimate imagery (NCEI); or violate trade/export controls.
    2. These prohibitions align with and incorporate by reference:
      • OpenAI Usage Policies (prohibiting illegal activity, harmful content, privacy violations, high-risk activities without safeguards, and misrepresentation of AI outputs)
      • Google Cloud Acceptable Use Policy (prohibiting illegal activity, NCEI, intellectual property violations, spam, unauthorized access, and service disruption)
      • Google Prohibited Use Policy for generative AI
    3. Violation may result in content removal, account suspension, and reporting to relevant authorities.

  8. Billing; Credits; Paddle Merchant-of-Record; Taxes

    1. Merchant-of-Record. Paddle is our Merchant-/Seller-of-Record for checkout, taxes, and refunds. Receipts identify Paddle as the seller of record. Paddle handles payment processing, tax calculation, and compliance with local payment regulations.
    2. Subscriptions. Subscriptions are billed monthly or annually. Subscriptions are non-refundable once activated or renewed. You may cancel anytime to stop future renewals. Subscription credits are granted monthly and follow FIFO (first-in, first-out) consumption rules.
    3. Credit Packs. Credit packs are one-time purchases. Credit packs use break-the-seal refund rights per 2026 Digital Fairness Regulations: packs are refundable within 14 days if 100% unused ("unopened"). Once any credit from a pack is consumed, the pack is "opened" and non-refundable. See Refund Policy for details.
    4. FIFO Consumption. Credits are consumed oldest-first across all your packs. This ensures fair refund eligibility tracking.
    5. Taxes. Taxes are calculated, collected, and remitted by Paddle where required. Paddle handles VAT, sales tax, and other applicable taxes automatically based on your location.
    6. No Credit Expiration. Purchased credits do not expire. Subscription credits granted monthly follow your subscription lifecycle.

  9. Privacy; Audit; Security

    1. Your use is governed by our Privacy Policy. We maintain audit evidence using Supabase PostgreSQL with append-only audit tables, and store generated assets in Google Cloud Storage with lifecycle policies and retention controls.

  10. Suspension; Termination

    1. We may suspend or terminate your access for violations of these Terms, Provider rules, risk, or legal requests. You may cancel at any time (cancellation stops renewal; see Refund Policy).

  11. Disclaimers

    1. THE SERVICE AND AI OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT WARRANT ACCURACY, ORIGINALITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR REVIEWING OUTPUTS AND OBTAINING ANY NECESSARY RIGHTS OR CLEARANCES.
    2. Per OpenAI's Terms of Use: "Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice."
    3. Per Google's Responsible AI documentation: Generative AI models may produce outputs that are "plausible-sounding but factually incorrect, irrelevant, inappropriate, or nonsensical" (hallucinations). Models may lack domain expertise and have limitations with edge cases.

  12. Limitation of Liability

    1. TO THE FULLEST EXTENT PERMITTED BY LAW, CINEMAKE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OUR TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THAT PERIOD.

  13. Indemnification

    1. You will defend and indemnify CineMake and its affiliates against claims arising from your content, your use of the Service, your breach of these Terms or Provider terms, or your violation of law.

  14. Governing Law; Venue

    1. These Terms are governed by the laws of Delaware, excluding its conflict-of-laws rules. Exclusive jurisdiction and venue lie in the state or federal courts in Delaware, except where consumer law requires otherwise.

  15. Contact

    1. support@cinemake.ai