Terms of Service
Last updated: November 17, 2024
AIFilmCollective Inc. ("AIFilmCollective," "we," "our," or "us") provides AI video creation education and training services through its website located at aifilmcollective.com ("Site," and together with such service, including any updated or new features, functionality and technology, collectively the "Services"). The Services may be provided on a subscription basis under specific subscription plans ("Subscription Plan"), as offered by AIFilmCollective from time to time.
By using our Services, you ("you," "your," or "Customer") agree to these Terms of Service. Please read them carefully as they constitute a legal agreement between you and AIFilmCollective Inc.
IMPORTANT NOTICE REGARDING ARBITRATION
These Terms of Service contain an arbitration agreement and class action waiver that applies to all claims brought against AIFilmCollective. Please read them carefully. By using the Services, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
1. Definitions
For the purposes of these Terms, the following terms shall have the meanings defined below:
In our Terms of Service, we use several key terms with specific meanings. An "Affiliate" refers to any entity that directly or indirectly controls, is controlled by, or shares common control with another entity, where control is defined as ownership of more than 50% of the voting interests. "Customer Data" encompasses all electronic data or information that you submit to our Services during your usage. "User" is defined as any individual who you have authorized to access and use the Services. "Malicious Code" includes any harmful elements such as viruses, worms, time bombs, Trojan horses, and other harmful code, files, scripts, agents, or programs that could impact our services or your data.
2. Service Access and License
2.1 Service License
Subject to these Terms and your payment of applicable fees, we grant you a comprehensive yet limited license to use our Services. This non-exclusive, non-transferable license allows you to access and utilize our Services for your personal or internal business purposes, enabling you to learn and master AI video creation techniques. You may access course materials, participate in live sessions, and use any resources we provide as part of the Services. This license is specifically designed to support your educational needs while protecting our intellectual property rights.
2.2 Usage Restrictions
To protect our Services and ensure fair usage, certain activities are strictly prohibited. You may not license, sublicense, sell, or resell any part of our Services to third parties. The creation of derivative works or modifications to our Services is not permitted, nor is reverse engineering our platform to build competitive products. We explicitly prohibit using our Services for any illegal or unauthorized purposes. Additionally, you must not interfere with or attempt to disrupt the integrity of our Services in any way. These restrictions are essential to maintaining the quality and security of our platform for all users.
3. Customer Obligations
3.1 Account Registration
To ensure proper service delivery and security, we maintain specific requirements for account registration and maintenance. Users must be at least 18 years old to create an account and must complete our registration process in full. We require that all information provided during registration be accurate and complete, reflecting your current details. Account security is paramount, and you are responsible for maintaining the confidentiality of your account credentials. It's essential that you promptly update any changes to your account information to ensure continuous and secure access to our Services.
3.2 Customer Responsibilities
As a customer using our Services, you bear several important responsibilities that are crucial for maintaining service integrity and security. You are accountable for all activities that occur under your account, whether authorized by you or not. Your usage must align with all applicable laws and regulations in your jurisdiction. The accuracy and legality of your Customer Data remain your responsibility throughout your use of our Services.
4. Subscription Plans and Payment
4.1 Pricing Structure
Our pricing structure is designed to be transparent and predictable. We offer monthly subscription plans with pricing as indicated on our website. This pricing model allows you to access our educational content and resources. We reserve the right to modify our pricing with advance notice to existing subscribers.
4.2 Payment Terms
All fees must be paid in advance of the service period to maintain uninterrupted access to our platform. We accept payments through major credit cards and other payment methods as indicated on our website. To maintain service quality and fairness to all customers, we may need to interrupt service access in cases of failed payments until the account is brought current. We recommend setting up automatic payments to avoid any service interruptions.
5. Data Rights and Security
5.1 Customer Data
We maintain a strong commitment to protecting your data rights while providing our Services. You retain full ownership and rights to all Customer Data you submit to our platform. By using our Services, you grant us the necessary licenses to process and analyze your data solely for the purpose of providing and improving our Services. We implement and maintain appropriate security measures to protect your data from unauthorized access or disclosure.
5.2 Security Measures
Our security infrastructure is built on industry-leading standards to ensure the highest level of data protection. All data transmission within our Services is protected by encryption, ensuring your information remains secure in transit. We conduct regular security audits and maintain continuous monitoring systems to identify and address potential vulnerabilities promptly.
6. Term and Termination
6.1 Term
The term begins when you first use the Services and continues until terminated.
6.2 Termination
Either party may terminate these Terms by providing 30 days written notice. Immediate termination may occur if either party commits a material breach of these Terms that remains uncured. We reserve the right to terminate services immediately if we detect violations of our usage restrictions or terms of service. Additionally, we may terminate accounts that have been inactive for over 90 days to maintain platform efficiency and security.
7. Warranties and Disclaimers
7.1 Service Warranty
We warrant that our Services will perform substantially as described in our documentation and marketing materials. Our commitment includes maintaining service functionality without material decreases in capabilities or features. We continuously implement and maintain appropriate security measures to protect your data and privacy.
7.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.
8. Limitation of Liability
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE INCIDENT. IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
9. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees. This indemnification covers issues arising from your use of the Services, including any problems related to your Customer Data. It also extends to situations where your actions violate these Terms or infringe upon third-party rights.
10. General Provisions
10.1 Governing Law
These Terms shall be governed by the laws of the State of California, without regard to its conflict of law principles.
10.2 Dispute Resolution
Any dispute arising from these Terms will be resolved through binding arbitration in San Francisco, California.
10.3 Entire Agreement
These Terms constitute the entire agreement between you and AIFilmCollective Inc. regarding the Services and supersede all prior agreements.
11. Contact Information
Our dedicated support team is ready to assist you with any questions or concerns about these Terms of Service. For legal inquiries or formal communications, please contact us at contact@aifilmcollective.com. We strive to respond to all inquiries within 48 hours, ensuring that your questions about our Terms of Service are addressed promptly and thoroughly.