Terms of Service
Effective date: [EFFECTIVE DATE]
These Terms of Service ("Terms") are an agreement between you and [LEGAL ENTITY NAME], doing business as MANCUSO STUDIOS ("MANCUSO STUDIOS", "we", "us"), which operates MakeFilms at makefilms.art (the "Service"). By creating an account or using the Service, you agree to these Terms, our Privacy Policy and our Refund Policy. If you do not agree, do not use the Service.
1. Who can use MakeFilms
You must be at least 18 years old, or the age of majority where you live, to create an account. If you use the Service for a company or other organization, you confirm that you are allowed to accept these Terms for it, and "you" includes that organization.
You are responsible for your account, for keeping your sign-in details secure, and for everything done through your account. Tell us right away at [SUPPORT EMAIL] if you think someone else has accessed it.
2. What the Service does
MakeFilms helps you plan and generate short films and images with artificial intelligence. You provide prompts, scripts, settings and, where supported, reference images or other uploads ("Inputs"). The Service sends Inputs to third-party AI model providers and returns generated images, video, audio and related material ("Outputs").
AI output is unpredictable. Outputs may be inaccurate, unexpected, similar to other people's outputs, or not what you asked for. We do not guarantee any particular result, quality, length or availability of any specific model. Models, features and credit costs may change over time; the cost of a generation is shown before you start it.
3. Your content and rights
Your Inputs. You keep whatever rights you have in your Inputs. You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit and display your Inputs and Outputs only as needed to run, secure, support and improve the Service for you, including sending them to the AI providers that process your request. This license ends when you delete the content or your account, except for copies kept in backups for a limited time, as needed to comply with law, or to resolve a dispute.
Your Outputs. As between you and us, and to the extent we have any rights in them, we assign to you our rights in Outputs you generate, and you may use them for any lawful purpose, including commercially, subject to these Terms and to the terms of the AI provider that produced them. Copyright protection for AI-generated material is limited and varies by country, so you may not be able to stop others from using similar material. You are responsible for checking that your use of an Output does not infringe anyone else's rights.
What you promise about your Inputs. You confirm that you own or have all the rights, licenses and permissions needed for your Inputs, and that your Inputs and your use of Outputs do not violate any law or anyone's rights.
Likeness and consent. Do not upload, or prompt the Service to create, the face, body, voice or other identifying likeness of a real person unless that person (or, for a minor, their parent or guardian) has given you permission, or the use is clearly lawful (for example, fair-use commentary that does not mislead). You must never use the Service to make content that falsely shows a real person saying or doing something, in a way that could deceive viewers or harm that person.
4. Prohibited content and conduct
You may not use the Service to create, upload or share content that:
- sexualizes minors in any way, or depicts anyone who appears to be a minor in a sexual context;
- is sexually explicit content showing a real, identifiable person, or any intimate imagery made without the depicted person's consent;
- is a deceptive deepfake, impersonation, election or political disinformation, or fraud;
- harasses, threatens, bullies, defames or promotes violence or hatred against a person or group;
- promotes or gives instructions for terrorism, self-harm, weapons capable of mass harm, or other serious illegal activity;
- infringes copyright, trademark, privacy, publicity or other rights;
- contains malware or personal data of others that you have no right to share.
You also may not: get around credit limits, safety filters or access controls; scrape, reverse engineer or overload the Service; resell or share accounts or credits; use the Service to build a competing AI model from Outputs where a provider forbids it; or break the usage policies of our AI providers (Runway, xAI and Google), which apply to content generated through them.
We and our AI providers may automatically screen Inputs and Outputs, block requests, remove content, and suspend or close accounts that break these rules. Where the law requires, we will report illegal content such as child sexual abuse material to the authorities.
5. Credits
The Service uses credits. Each generation shows its credit cost before you start.
- Plan credits come with a paid subscription. They are added at the start of each billing period and reset every month: unused plan credits do not roll over.
- Purchased credits come from one-time credit packs. They do not expire while your account is open.
- When you generate, plan credits are used first, then purchased credits.
- Credits are a license to use the Service. They are not money, have no cash value, are not transferable or refundable except as our Refund Policy says, and cannot be sold, traded or moved to another account.
- If a generation fails for a technical reason on our side or a provider's side, the credits it reserved are returned to your account automatically.
- If your account is closed for breaking these Terms, unused credits are forfeited, to the extent the law allows.
- We may change the credit cost of models and features going forward. Changes do not affect generations already started.
New accounts may receive free trial credits. Trial credits have no value, may expire, and may be limited to one per person.
6. Subscriptions and payments
- Auto-renewal. Paid plans are monthly subscriptions that renew automatically each month at the then-current price, charged to your payment method, until you cancel.
- Cancelling. You can cancel any time in Settings → Plan & billing or in the Stripe billing portal. Cancellation takes effect at the end of the current billing period; you keep your plan and its credits until then, and you will not be charged again.
- Changing plans. Plan changes take effect at your next renewal unless we tell you otherwise when you make the change.
- Price changes. We will tell you in advance, by email or in the Service, before a price change applies to your subscription. You can cancel before it takes effect.
- Failed payments. If a renewal payment fails, we may retry it and may pause plan credits or downgrade your account until payment succeeds.
- Payment processing. Payments are processed by Stripe. We do not store your full card number. Prices are in US dollars, and taxes may be added where required.
See our Refund Policy for refunds.
7. Third-party services
The Service relies on third parties, including AI model providers (Runway, xAI and Google), Google Sign-In and Stripe. Their services are covered by their own terms, and we are not responsible for them. Model availability can change without notice.
8. Copyright complaints
If you believe content on the Service infringes your copyright, send a notice to our designated agent at [DMCA AGENT NAME, ADDRESS AND EMAIL] with: your contact details; the work you say is infringed; the material and where it is on the Service; a statement that you believe in good faith the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner; and your signature. We may remove the material and close the accounts of repeat infringers.
9. Suspension and termination
You can stop using the Service and ask us to delete your account at any time (see the Privacy Policy). We may suspend or close your account, or remove content, if you break these Terms, if we must do so by law, or to protect the Service, our providers or other people. Where reasonable, we will tell you first. Sections that by their nature should survive (including 3, 5, 10, 11 and 12) survive termination.
10. Disclaimers
THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR THAT OUTPUTS WILL BE ACCURATE, UNIQUE OR LAWFUL TO USE.
11. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AND US$100. Some places do not allow these limits, so they may not apply to you.
12. Indemnity
You will defend and indemnify MANCUSO STUDIOS and its owners and contractors against claims, losses and costs (including reasonable legal fees) arising from your Inputs, your use of Outputs, or your breach of these Terms or of the law.
13. Governing law and disputes
These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules. Before filing a claim, you agree to contact us at [SUPPORT EMAIL] and try to resolve the dispute informally for 30 days. Any claim that is not resolved will be heard only in the state or federal courts located in [COUNTY] County, California, and you and we consent to their jurisdiction. Either party may bring a qualifying claim in small claims court. Nothing here limits rights you have under consumer-protection laws where you live.
14. Changes to these Terms
We may update these Terms. If a change is material, we will tell you by email or in the Service before it takes effect. If you keep using the Service after a change takes effect, you accept the updated Terms.
15. General
These Terms, the Privacy Policy and the Refund Policy are the whole agreement between you and us about the Service. If any part is unenforceable, the rest still applies. Our not enforcing a right is not a waiver. You may not transfer these Terms without our consent; we may transfer them in connection with a merger, acquisition or sale of assets.
16. Contact
[LEGAL ENTITY NAME] (MANCUSO STUDIOS)
[MAILING ADDRESS]
[SUPPORT EMAIL]
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