Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between Cinema8 Limited, a company registered in England and Wales under company registration number 13552595, with its registered office at St John's Innovation Centre, Cowley Road, Cambridge, Cambridgeshire, England, CB4 0WS (hereinafter referred to as the "Company" or "we" or "us") and you, our customer ("you" or "your"). These Terms govern your access to and use of our interactive video platform, products, and services (collectively, the "Services"), including but not limited to uploading, storing, and editing media assets, and streaming videos. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately stop using the Services. Continued use of the Services will constitute acceptance of any updates to these Terms.

1. Definitions

• "User" refers to any individual or entity that accesses or uses our Services.
• "Account" refers to the user account created to access and use our Services.
• "Content" refers to any text, images, sound clip, weblink, videos, or other materials uploaded, edited, created and/or streamed by Users using our Services.
• "Material changes" refer to changes that materially alter the scope, availability, cost, or legal terms associated with the Services. This includes, but is not limited to:
  • Increases in pricing by more than 10%;
  • Removal or significant reduction of core features of the Services;
  • Substantial changes to legal obligations, privacy, or data handling policies that impose new liabilities on you.
• "We," "Us," and "Our" refer to Cinema8 Limited.

2. Acceptance

By creating an account, accessing, or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms of Service.

3. Account Terms

• Eligibility: You must be at least 13 years old to use our Services. By using our Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms.
• Registration: When creating an Account, you agree to provide accurate, current, and complete information. You agree to update such information as necessary to maintain its accuracy.
• Account Renewal: Your subscription will automatically renew at the end of each billing cycle unless cancelled in advance. You can manage or cancel your subscription through your account settings.
• Account Security: You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorised use of your Account or any other breach of security. Cinema8 will not be liable for any loss or damage arising from your failure to safeguard your Account credentials or to notify us promptly. In the event of a security incident or breach involving your Account, Cinema8 will use reasonable efforts to notify you as soon as possible via email or other secure communication channels. This notification will include details of the incident, recommended actions (such as changing your password), and any steps Cinema8 is taking to mitigate the issue. If the breach involves unauthorised access to your Account, we may temporarily suspend access until the security of your Account can be restored.
• Account Termination: We reserve the right to suspend or terminate your Account at any time, with or without cause or notice, for any reason, including but not limited to violation of these Terms.

4. Use of Services

• Access and Use: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services.
• Prohibited Uses: You agree not to use the Services for any unlawful or unethical purpose or in any way that could harm or impair the Services, interfere with anyone else's use and enjoyment of the Services, or exploit the Services in any unauthorised way.
• Content Standards: You agree not to post, upload, or share any Content that is illegal, fraudulent, defamatory, obscene, pornographic, invasive of privacy, harassing, abusive, or can be deemed as offensive,. Additionally, you agree not to upload Content that violates any third-party rights, including intellectual property rights, or promotes hate speech, violence, or discrimination. We reserve the right to remove any Content that we deem, in our sole discretion or upon request by legal authorities, to violate these Terms.
• Generative AI: Our platform may utilise AI technologies that generate content. You acknowledge that such content may contain inaccuracies, biases, or other potentially misleading information, and Cinema8 is not liable for any damages arising from your reliance on such content. You are solely responsible for verifying the accuracy and legality of any generated content before use.
• Data Handling and Backup: While we perform regular backups of data, you are solely responsible for maintaining your own backup copies of any data you transmit or store through the Services. We shall not be liable for any loss or corruption of such data.

5. Payment Terms

Late Payment and Interest: If any payments are not made on time, we reserve the right to suspend access to our Services and charge interest on overdue amounts at the statutory interest rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, which is 8% above the Bank of England base rate, calculated daily and compounding monthly. Interest will begin to accrue from the day after the payment due date until the date the overdue amount is paid in full.

6. Modifications to the Services

• Changes to Services: We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
• Updates to Terms: We may update these Terms from time to time. In the event of any material changes, we will notify you at least 14 days prior to the changes taking effect, either via email or by posting a notice on our website. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.
• Consent for Material Changes: For any material changes, we may require your express consent to continue using the Services. We will provide instructions on how to accept such changes at the time we notify you of the changes. If you do not consent to the changes, you may terminate your use of the Services without penalty. However, you will remain responsible for any fees or charges incurred up until the end of your current subscription period, and the Services will remain available to you until the end of that period.
• Non-Material Changes: We may make minor, non-material changes to the Services from time to time without prior notice. These changes are intended to improve functionality or performance and will not materially affect your use of the Services or your rights under these Terms. You agree that we may notify you of such changes after they are made, but that prior notice is not required.

7. Intellectual Property

• Ownership: We retain all rights, title, and interest in and to the Services provided by Cinema8 and its affiliates, including all related intellectual property rights. These Terms do not grant you any rights to use our trademarks, logos, or other brand features without our prior written permission.
• User Content: You retain ownership of any Content you create or upload using our Services. In turn, you are responsible for ensuring you have the right to use the content, and as such, are not breaching any third-party intellectual property right. By submitting Content, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, modify, adapt, publish, and distribute such Content for the purposes of operating, providing and improving our Services.
• User Contributions and Licence: By submitting any content through the Services, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide licence to use, copy, reproduce, distribute, display, and create derivative works from your content in connection with operating, improving and promoting the Services. You retain all ownership rights to the content you create or upload using our Services. You grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, distribute, and publicly display any AI-based output generated using your content for the purpose of providing and improving our Services. You are responsible for ensuring that your content complies with all applicable laws and does not infringe any third-party rights.

8. Limitation of Liability

• Disclaimer of Warranties: The Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. While we are ISO 27001 certified and make reasonable efforts to maintain the security of the Services, we do not guarantee that the Services will be uninterrupted, error-free, or immune to all security vulnerabilities or breaches. We take security seriously and implement industry-standard security measures, but we cannot warrant complete protection against all potential threats. Additionally, we do not make any warranties regarding the accuracy, completeness, reliability, or availability of the Services. Furthermore, we disclaim any warranties related to any third-party services or software that may be integrated with or relied upon by our Services.
• Limitation of Liability: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorised access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party; or (v) any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we were advised of the possibility of such damages. In no event shall our liability to you exceed the amount paid by you to us in the three months prior to the event giving rise to the claim. This limitation of liability applies to all claims of any kind, whether such liability arises from ordinary negligence, contract, tort, or any other legal theory, except in cases of gross negligence or willful misconduct.

9. Indemnification

Your Indemnity: You agree to defend, indemnify, and hold harmless Cinema8 Limited and its affiliated companies, its officers, directors, employees, and agents working on behalf of Cinema8 from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your content, your access to, use of or inability to use the Services, or your violation of these Terms or your infringement of any third-party rights.

10. Termination

• Termination by you: You may terminate your Account at any time by following the instructions on our website.
• Termination by us: We may suspend or terminate your access to and use of the Services at our sole discretion, at any time, with or without notice, and without liability to you. We may suspend or terminate your access to the Services if we suspect unauthorised use or breach of these Terms, or if any payments are not made on time.

11. Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
• Dispute Resolution: Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the London Court of International Arbitration (LCIA), except for disputes that may be resolved in small claims court. The arbitration shall take place in London, United Kingdom, and the award rendered by the arbitrator may be entered in any court having jurisdiction.

12. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Cinema8 Limited regarding the use of the Services and supersede all prior agreements and understandings, whether written or oral.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Cinema8 Limited's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.
• Notices: Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
• Force Majeure: We shall not be liable for any failure to perform due to unforeseen circumstances or causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.