TERMS OF SERVICE & PRIVACY POLICY

1. ACCEPTANCE OF TERMS

Welcome to FilmAI Studio ("FilmAI," "we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of our AI-powered screenplay generation platform located at filmai.abacusai.app (the "Service"). By creating an account, accessing, or using the Service, you agree to these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not use the Service.

2. ELIGIBILITY

You must be at least 18 years old to use FilmAI. By using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• You will comply with these Terms and all applicable local, state, national, and international laws
• All information you provide is accurate and current

3. USE OF SERVICE

3.1 Permitted Use

FilmAI is an AI-powered short film screenplay creation tool for creative, educational, and commercial projects. You may use the Service to:

• Generate original screenplay content
• Create storyboards and film concepts
• Develop creative projects for personal or commercial use

3.2 Prohibited Use

You agree NOT to use FilmAI for any of the following purposes:

• Any illegal, harmful, threatening, abusive, harassing, defamatory, or fraudulent activities
• Creating content that infringes third-party intellectual property rights
• Generating content that promotes violence, hate speech, discrimination, or illegal activities
• Creating deepfakes or misleading content intended to deceive
• Circumventing, disabling, or interfering with security features of the Service
• Attempting to gain unauthorized access to the Service or related systems
• Using automated systems (bots, scrapers) to access the Service without permission
• Reselling, sublicensing, or redistributing the Service or its technology
• Reverse engineering, decompiling, or disassembling the platform
• Creating competing products or services using our technology
• Violating any applicable laws or regulations

We reserve the right to investigate and take appropriate legal action against anyone who violates these provisions.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Your Content and Outputs

You retain ownership of:

• Your original inputs (prompts, ideas, concepts you provide)
• AI-generated outputs (scripts, storyboards, content created using FilmAI)

You may use AI-generated content for both personal and commercial purposes without additional permission from FilmAI Studio. However, you are solely responsible for ensuring such use complies with applicable laws and does not infringe third-party rights.

4.2 Our Intellectual Property

FilmAI Studio retains all rights, title, and interest in:

• The FilmAI platform, software, and technology
• Our website, interface, and design elements
• Our trademarks, logos, and brand materials
• Our proprietary algorithms and workflow systems
• All improvements and modifications to the Service

You may not copy, modify, distribute, sell, or lease any part of our platform or technology.

4.3 License to Us

By using the Service, you grant FilmAI Studio a limited, non-exclusive, royalty-free license to:

• Process your inputs to generate outputs
• Use anonymized, aggregated data to improve the Service
• Display your content as necessary to provide the Service

We will not use your specific creative content for marketing or share it with third parties without your explicit consent.

5. USER ACCOUNTS

5.1 Account Creation

To use certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information
• Keep your password secure and confidential
• Notify us immediately of unauthorized account access
• Accept responsibility for all activities under your account

5.2 Account Termination

We reserve the right to suspend or terminate your account at any time if:

• You violate these Terms
• Your account shows suspicious or fraudulent activity
• We are required to do so by law
• We discontinue the Service (with reasonable notice)

You may terminate your account at any time by contacting [email protected].

Upon termination, your right to use the Service immediately ceases. We may delete your data in accordance with our data retention policies.

6. PAYMENT AND SUBSCRIPTIONS

6.1 Fees

Subscription fees are processed securely through Lemon Squeezy and/or Abacus.ai payment processors. By subscribing, you agree to:

• Pay all applicable fees as described at the time of purchase
• Provide accurate payment information
• Authorize us to charge your payment method

6.2 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged at the then-current rate.

6.3 Price Changes

We may change subscription prices with at least 30 days' advance notice. Continued use after the notice period constitutes acceptance of the new pricing.

6.4 Taxes

You are responsible for all applicable taxes. If we are required to collect taxes, they will be added to your invoice.

7. REFUND POLICY

All sales are final. Because FilmAI Studio provides instant access to digital tools and AI services, we do not offer refunds once a payment or subscription is processed, except:

• Technical Failures: If the Service experiences a verified technical failure that prevents normal use or access, contact us at [email protected] within 7 days of the issue. We will investigate and, if confirmed, may issue a pro-rated refund or service credit at our discretion.
• Required by Law: Where consumer protection laws require refunds.

Refunds are not provided for:

• Change of mind
• Dissatisfaction with AI outputs
• Failure to use the Service
• Failure to cancel before renewal

8. DISCLAIMERS AND LIMITATIONS OF LIABILITY

8.1 "AS-IS" Service

The service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION
• FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS

8.2 AI-Generated Content Disclaimer

AI outputs are generated by artificial intelligence and may:

• Contain factual errors, inaccuracies, or fictional information
• Reflect biases present in training data
• Include content that resembles existing copyrighted works
• Produce inconsistent or unexpected results
• Generate inappropriate or offensive content despite our safeguards

You are solely responsible for:

• Reviewing all AI-generated content before use
• Ensuring compliance with applicable laws
• Securing any necessary rights or permissions
• Verifying factual accuracy
• Determining suitability for your intended purpose

FilmAI Studio makes no representations or warranties regarding the originality, quality, or legal compliance of AI-generated outputs.

8.3 Limitation of Liability

To the maximum extent permitted by law, FilmAI Studio and its officers, directors, employees, agents, and affiliates shall not be liable for:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE
• DAMAGES RESULTING FROM AI-GENERATED CONTENT
• ANY CLAIMS BY THIRD PARTIES REGARDING YOUR USE OF THE SERVICE
• UNAUTHORIZED ACCESS TO YOUR DATA OR ACCOUNT

In no event shall our total liability exceed the amount you paid to FilmAI Studio in the 12 months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

8.4 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, government actions, internet failures, or failures of third-party services.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless FilmAI Studio, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Content you create or distribute using the Service
• Your violation of applicable laws or regulations

This indemnification obligation survives termination of these Terms.

11. COPYRIGHT AND DMCA

11.1 Respect for Copyright

FilmAI Studio respects intellectual property rights. You must not use the Service to infringe third-party copyrights.

11.2 Copyright Infringement Claims (DMCA)

If you believe content created using FilmAI infringes your copyright, please send a notice to [email protected] with:

• Your physical or electronic signature
• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material and its location
• Your contact information (address, phone number, email)
• A statement that you have a good faith belief the use is not authorized
• A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner

11.3 Counter-Notice

If your content is removed due to a DMCA notice and you believe the removal was mistaken, you may submit a counter-notice with the same information listed above, plus a statement consenting to jurisdiction in your local federal court.

11.4 Repeat Infringer Policy

We will terminate accounts of users who repeatedly infringe copyrights.

12. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. Changes will be effective:

• Immediately upon posting for non-material changes
• 30 days after notice for material changes (notice via email or Service notification)

Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree to modified Terms, you must stop using the Service.

We will update the "Last Updated" date at the top of these Terms.

13. MODIFICATIONS TO SERVICE

We reserve the right to:

• Modify, suspend, or discontinue any part of the Service
• Change features, functionality, or availability
• Impose limits on features or storage

We will provide reasonable notice of material changes where feasible, but are not obligated to do so.

14. THIRD-PARTY SERVICES

The Service may integrate with or link to third-party services (payment processors, AI providers, etc.). We are not responsible for:

• Third-party terms of service or privacy policies
• The availability, accuracy, or content of third-party services
• Any damages arising from third-party services

Your use of third-party services is at your own risk and subject to their terms.

15. DISPUTE RESOLUTION

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, County of Queens, United States, without regard to conflict of law principles.

15.2 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] to attempt informal resolution. We will attempt to resolve disputes in good faith within 30 days.

15.3 Arbitration Agreement

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration rather than in court, except:

• Small claims court cases (under jurisdictional limits)
• Intellectual property disputes
• Injunctive relief requests

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association (AAA) rules. The arbitrator's decision is final and binding.

You waive your right to a jury trial and to participate in class actions.

15.4 Venue

If arbitration does not apply, you agree that any legal action shall be brought exclusively in the state or federal courts located in Queens County, New York, and you consent to personal jurisdiction there.

16. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FilmAI Studio regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect, and the unenforceable provision will be modified to reflect the parties' intent as closely as possible.

16.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

16.5 No Agency

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and FilmAI Studio.

16.6 Survival

Sections that by their nature should survive termination (including ownership, disclaimers, indemnification, and dispute resolution) will survive.

16.7 Export Controls

You agree to comply with all applicable export and import laws. You may not use the Service if you are located in a country subject to U.S. embargo or are on a U.S. government restricted parties list.

16.8 Government Use

If you are a U.S. government entity, the Service is provided as "Commercial Computer Software" with only those rights granted to end users pursuant to these Terms.

16.9 Contact for Legal Notices

All legal notices to FilmAI Studio must be sent to: [email protected]

17. CONTACT INFORMATION

FilmAI Studio

Email: [email protected]

For support inquiries, data requests, copyright claims, or questions about these Terms, please contact us at the email above.