MovieFlow Paid Service Agreement (Including Auto-Renewal Service Rules)

Thank you for using Movie Flow!

1. ACCEPTANCE OF THESE TERMS OF SERVICE

1.1 Agreement Overview

These Terms of Service, including our Privacy Policy, other applicable terms, agreements, rules, guidelines, policies and notices, which are incorporated herein by reference (together, this "Agreement"), as may be amended from time to time, constitute a legally binding contract between you and E&T Kingdom Co., Limited and its affiliates (collectively, "Company," "we," "us," or "our"). This Agreement governs your use of Movie Flow, a platform that allows users to generate video content from prompts using artificial intelligence, along with its associated software applications and websites (collectively, the "Services" or "Platform"). References to "User," "you", and "your" refer to the individual accepting this Agreement, placing an order, creating an Account, or otherwise using the Services.

1.2 Service Description

The Services provide features and functionalities that allow users to create, modify, share, and otherwise use video content generated through the use of generative artificial intelligence (AI) technology.

1.3 Acceptance and Binding Agreement

IF YOU USE MOVIE FLOW OR THE SERVICES, WHETHER IN WHOLE OR IN PART, YOU ARE DEEMED TO (A) REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO BE BOUND BY; AND (B) AGREE TO BE BOUND BY AND ACCEPT THIS AGREEMENT AND OTHER RELATED DOCUMENTS THAT ARE EXPRESSLY INCORPORATED INTO THIS AGREEMENT BY REFERENCE. By accessing or using our Services, you confirm that you accept and agree to comply with these Terms. You understand and agree that we will treat your access or use of the Services as acceptance of these Terms from that point onwards.

1.4 Business Entity Use

If you are using our Services on behalf of a company, association, partnership, organization or other entity, whether in part or in whole, then you agree, represent, warrant and undertake that (a) "you," "your," and "Customer" includes you and the company, association, partnership, organization or other entity that you represent; (b) you are duly authorized by, and will remain authorized by, such entity to agree on its behalf and bind such entity to this Agreement; and (c) the entity is legally responsible for your use of the Services as well as for the use of your Account by any other individual authorized by such entity, including without limitation any officers, directors, employees, agents and advisors of such entity.

1.5 Important Legal Notices

YOU MUST CAREFULLY READ AND FULLY UNDERSTAND THIS AGREEMENT, INCLUDING ANY TERMS THAT MAY EXEMPT OR RESTRICT THE COMPANY'S LIABILITIES AND/OR RESPONSIBILITIES AND ANY TERMS THAT MAY RESTRICT AND/OR WAIVE YOUR RIGHTS, AS THEY APPLY TO YOUR USE OF THE SERVICES. THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOUR USE OF THE SERVICES IS CONDITIONAL ON YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH OR ACCEPT THIS AGREEMENT, YOU SHALL NOT USE MOVIE FLOW OR ANY OF THE OTHER SERVICES.

1.6 Modifications to Terms

In order to provide better services or for legal, regulatory or security reasons, we reserve the right to amend, replace and/or otherwise update this Agreement from time to time. We will use commercially reasonable endeavors to notify you of any material modifications to this Agreement through the Platform, messages, or emails. You shall review this Agreement regularly to check for such modifications. If you do not agree to or accept the modifications to this Agreement, you will have to stop using Movie Flow or any of the Services. By continuing to use Movie Flow or any of the Services after the terms of this Agreement have been modified, you are deemed to have accepted the modifications.

ARBITRATION NOTICE. You agree that disputes arising under this Agreement will be resolved by binding, individual arbitration as specified below, and BY ACCEPTING THIS AGREEMENT, YOU AND MOVIE FLOW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Age Requirements

(a) Anyone under the age of 18 or other minimum age as defined under applicable laws of your jurisdiction ("Minimum Age") shall not use the Services.

(b) If you have reached the Minimum Age but are under the age of majority as defined under applicable laws of your jurisdiction ("Majority Age"), you may only use and register for a Movie Flow Account with the consent of your parent or legal guardian, and your parent or legal guardian hereby represents you and accepts this Agreement.

(c) Where parental consent or authorization is required under such applicable laws and regulations, you have the obligation to provide to us evidence of such consent or authorization, including as required under applicable laws and regulations, the consent or authorization of the holder of parental responsibility for the minor, including but not limited to agreeing to the following: (i) all the minor's actions in connection with their access to the Services; (ii) any fees or charges associated with the minor's use of any of the Services (as applicable); (iii) the minor's compliance with this Agreement; (iv) ensuring that any of the minor's participation in Services will not, in any event, result in any violation of applicable laws and regulations relating to child protections. We may refuse to process or continue to process the minor's personal information, or provide or continue to provide the Services to the minor until we receive this evidence of consent or authorization.

(d) If you are a minor in your country or region, your use of the Services may be subject to further age restrictions, whether imposed by us or any third party vendor in connection with the provision of certain Services. You may be unable to use or only have limited access to those Services, such as participating in rewards programs, top-up and tipping, without the assistance of your parent or legal guardian.

(e) If you learn that a child below the Minimum Age has registered for a Movie Flow Account or an Account of a child below the Majority Age was not registered under proper representation or guardianship, you may alert us at support@movieflow.ai. We will promptly verify, take steps to remove such Account information from Movie Flow and delete the Account.

2.2 Account Creation and Management

(a) To access Movie Flow, you are required to sign up for a Movie Flow account ("Account") and become a user ("User") of the Services. You can log in using the username and password you create, or through email verification. The first time you log in Movie Flow using E-mail verification, an Account of our platform will be provided for you.

(b) When creating an Account, you must:

Provide true, accurate, up-to-date, and complete information as we may from time to time request;

Not provide false or misleading information;

Not impersonate or attempt to impersonate another person;

Not create multiple accounts without our express consent;

Not use automated means to create accounts;

Safeguard your username and password and keep them confidential.

2.3 Account Security and Responsibility

(a) You are solely responsible for maintaining the security and confidentiality of your account login details and for all activities that occur under your Account, including any unauthorized use by third parties. If you do not take these precautions and your Account or password is lost, stolen, or misused, resulting in damage to you or others, you will be held legally responsible.

(b) You authorize us to assume that any person using Movie Flow with your username and password is either you or a person authorized to act for you.

(c) Your Account can only be used by yourself and you may not lend, give away, rent, transfer, sell, or share the Account to others. You will be responsible for any legal consequences arising from unauthorized use.

(d) You must notify us immediately of any suspected unauthorized use of your Account or breach of security.

(e) If you authorize any person to act for you in relation to the use of Movie Flow, you will ensure that they comply with this Agreement at all times.

2.4 Account Verification

We may require you to verify your Account through email verification, phone verification, or other means. Unverified accounts may have limited functionality or may be suspended.

3. LICENSE AND ACCESS TO SERVICES

3.1 License

Subject to your compliance with this Agreement, we grant you a non-exclusive, non-sublicensable, non-transferable, personal, limited license to use Movie Flow only on your personal smartphone, tablet, computer or other mobile or wireless device (which must be designated by us as being compatible for use with Movie Flow). We reserve all rights not expressly granted to you herein. We may terminate this license at any time, for any reason, with or without cause. This license does not grant you any rights to our intellectual property, trade secrets, or proprietary algorithms.

3.2 Service Availability

The Services are offered on an "as is" and "as available" basis at your sole risk. Our goal is to minimize disruption caused by technical errors; however, we cannot guarantee continuous, uninterrupted, or error-free operability of Movie Flow at all times. There may be times when certain functionality, features, content, or the entire Movie Flow becomes unavailable (whether on a scheduled or unscheduled basis), modified, suspended, or withdrawn by us, at our sole discretion, without notice to you. You agree that we will not be liable for any unavailability, modification, suspension, or withdrawal of Movie Flow or any part thereof.

3.3 Technical Requirements

You are responsible for providing the device, wireless service plan, software, Internet connections, and/or other equipment or services needed to access and use the Services. We do not guarantee that the Platform can be accessed on any particular device or with any particular service plan, or that it will be available in any particular geographic location. We are not responsible if you cannot access the Services properly or at all because of any event out of our control, for example (without limitation) the performance of any software or operating system running on your device or any connected software, hardware, network or service.

3.4 Usage Limitations

We may impose usage limitations including but not limited to: number of videos generated per time period, maximum video length, resolution limits, bandwidth restrictions, and storage limitations. These limitations may vary based on your subscription plan.

4. PROHIBITED CONDUCT AND USE RESTRICTIONS

4.1 General Prohibited Activities

You may not:

(a) Access or use the Services if you are not fully able and legally competent to agree to these Terms or lack proper authorization;

(b) Make unauthorized copies, modify, adapt, translate, delete, alter, reverse engineer, disassemble, decompile, or create derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;

(c) Distribute, license, transfer, sell, market, rent, or lease the Services or use them for commercial solicitation without our written consent;

(d) Interfere with or disrupt the proper working of the Services, bypass security measures, use automated scripts to collect information, or attempt to gain unauthorized access to any part of our systems;

(e) Incorporate the Services into other programs or products, except as expressly permitted;

(f) Use the Services to upload, transmit, or distribute malicious code, viruses, or other harmful materials;

(g) Impersonate any person or entity or create false identities, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;

(h) Use the Services in ways that violate intellectual property rights or other rights of third parties;

(i) Circumvent, remove, alter, deactivate, degrade or thwart any technological measure implemented by us or any of our providers;

(j) Use the Services for any unlawful purpose or in violation of applicable laws and regulations;

4.2 Content Restrictions

You may not use the Services to create, upload, transmit, distribute, store or otherwise make available content that:

(a) Is defamatory, obscene, offensive, pornographic, hateful, inflammatory, or discriminatory;

(b) Constitutes, encourages, or provides instructions for criminal offenses, dangerous activities, or self-harm;

(d) Contains threats of any kind, including threats of physical violence;

(e) Violates any applicable laws or regulations;

(f) Infringes on copyright, trademark, or other intellectual property rights;

(g) Contains personally identifiable information that could be used to harm individuals, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., national identification numbers, passport numbers) or credit card numbers;

(h) Is deliberately false or misleading with intent to harm others;

(i) Depicts non-consensual intimate imagery or facilitates non-consensual sharing of intimate content;

(j) Promotes or facilitates illegal activities including but not limited to drug use, violence, or fraud;

(k) Contains content that sexualizes, grooms, abuses, or otherwise harms children;

(l) Is racist or discriminatory, including discrimination on the basis of someone's race, religion, age, gender, disability or sexuality;

(m) Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other prohibited form of solicitation.

4.3 AI-Specific Restrictions

(a) You may not use the Services or any Content for purposes of creating, testing, improving, training, or developing competing artificial intelligence or machine learning models, systems, or technology without our written consent.

(b) You understand that artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts. You should not rely on Output as your only source of truth or factual information, or as a substitute for professional advice.

(c) You are responsible for evaluating the accuracy and appropriateness of the Output for your specific use case, which may include human review, before using or sharing any Output generated by our Services.

(d) You must not use any Output related to an individual for purposes that could have a legal or material impact on that person, such as decisions regarding credit, education, employment, housing, insurance, legal matters, medical issues, or other important areas.

(e) You may not use the Services to create deepfakes or other synthetic media designed to deceive or mislead viewers about the authenticity of the content.

4.4 Platform Integrity

(a) You must not attempt to manipulate the Services through unauthorized automation, spam, or other deceptive practices;

(b) You must not engage in activities that could damage, disable, overburden, or impair our servers or networks;

(c) You must not attempt to gain unauthorized access to any part of the Services, accounts, computer systems, or networks connected to the Services.

5. INTELLECTUAL PROPERTY AND CONTENT

5.1 Respect for Intellectual Property

We respect intellectual property rights and encourage you to upload or transmit original content, and we will take measures to protect your intellectual property rights in accordance with applicable laws and regulations. You agree not to use the Services to infringe on any intellectual property rights. We reserve the right to block access or terminate accounts of users who infringe or allegedly infringe intellectual property rights. We will respond to valid takedown notices in accordance with applicable law.

5.2 Input and Output

(a) You may upload, post, or transmit content, data, or information through the Services, including but not limited to text, words, graphics, software, photos, and other images, trademarks, logos, videos, audio, musical or non-musical works, live performances, etc. (collectively, "Input") and receive content generated in response to your Input ("Output"). Input and Output are collectively referred to as "Content."

(b) You are responsible for your Content, including ensuring it does not violate applicable laws or this Agreement.

(c) You warrant and undertake that you hold intellectual property rights to the Input or have obtained legal authorization from the relevant owner to the use of the Input and that your use of the Input shall not violate any applicable laws and regulations or infringe upon the legitimate rights and interests of any third parties (including, without limitation, copyright, patent, trademark and other intellectual property rights and personality rights, personal data rights and other rights and interests). We reserve the right to moderate, block, or delete the Input (or part thereof) upon notification from an intellectual property rights owner or any other persons of any suspected or actual intellectual property rights infringement, and you shall be liable for any and all loss, damages or other consequences incurred by us or our affiliates arising out of, in connection with and/or relating to such suspected or actual infringement.

5.3 Content Ownership and Licensing

(a) To the extent permitted by applicable laws, the intellectual property and other property interests (if any) related to the Output generated in the process of the Services shall be vested in the owner thereof as defined by applicable laws. As between you and us, if you comply with these Terms, you own the Input you upload and the Output generated in response (together, "Assets"), subject to applicable laws and the underlying rights in any third-party content.

(b) You acknowledge and agree that if you hold intellectual property rights, portrait rights or other legitimate rights or interests on the Input and/or Output in accordance with applicable laws, your use of the Services will not constitute a transfer of such legitimate rights or interests, unless agreed otherwise by you and us. Specifically, without our written permission, you may not use, reproduce, distribute, and create derivative works of, and make modifications to, the Output for any commercial purposes.

(c) Subject to legitimate commercial purposes in accordance with applicable laws, you agree that Movie Flow has a non-exclusive, royalty-free right and license during the operational period of its business and within the territories in which Movie Flow conducts business to use the Content, which shall comprise the Input you provide or upload to the Services and Output generated during your use of our Services, including such right to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works from, and to distribute Input and Output, in whole or in part, in any media formats and through any media channels.

This license survives termination of our agreement with you.

(d) "Use" means to reproduce, modify, adapt, prepare derivative works of, communicate to the public, publicly perform or display, distribute, and otherwise use or exploit.

(e) To the extent permitted by law, you waive any moral rights or similar rights in respect to your Assets.

5.4 Company Use of Content

We may, at our discretion or by licensing to third parties, use or develop the aforementioned Content (in whole or in part) for the purposes of promotion, product/function upgrades, and to research on new products/functions. You undertake not to claim personal rights or property rights in connection with our use or development of the Content.

Without limiting the generality of the foregoing license, Movie Flow may process usage data, aggregated data, or Input for its lawful business purposes, in accordance with applicable laws including but not limited to the following:

Track use of the Services for billing purposes;

Provide support for the Services;

Monitor the performance and stability of the Services;

Prevent or address technical issues with the Services;

Improve the Services, its other products and services, and to develop new products and services;

Create, test, improve, train, or otherwise develop the artificial intelligence or machine learning models, systems, architecture, weights or related technology used by Movie Flow AI in connection with the Services;

For all other lawful business practices, such as analytics, benchmarking, and reports.

5.5 Content Removal and Moderation

(a) We reserve the right to moderate, block, or delete Content that we believe violates this Agreement or is otherwise objectionable, with or without notice. We may use automated systems and human reviewers for content moderation. In addition to complying with the content removal orders from any relevant judicial or administrative authorities or requests of the Users or any third parties, in response to complaints from other Users or any third parties, or if we, in our sole discretion, believe that any Content does not comply with this Agreement, we may take any measures, including without limitation removing or refusing to display such Content.

(b) You may revoke authorization for us to use Content by notifying us at support@movieflow.ai, subject to certain limitations including Content already incorporated into AI model training.

(d) You acknowledge and agree that Content you uploaded or published will be considered non-proprietary and non-confidential. You must not upload or transit any Content that you consider to be proprietary or confidential. You may decide and control the extent of the availability of the Content (i.e. whether to all other users, users you selected or only to yourself) by way of Movie Flow's settings, subject to features and functions available in Movie Flow.

(e) Notwithstanding the foregoing, the whole or part of Content uploaded or published by one User may be extracted by another User to produce additional Content, subject to prior approval from the User, where applicable.

5.6 Brand Attribution

You acknowledge that, without our written permission, when you use, distribute or disseminate the AI function to generate content, you shall label the Output interface with the brand "Movie Flow" and logo involved brands or logos centered on or derived from the aforementioned brands or logos, and combination of the aforementioned brands or logos with others. In cases that the Output generated by Movie Flow are not labelled with any brand mark in the process of use due to objective reasons, you shall prominently indicate that the Output is generated by "Movie Flow" in the use scenarios of the generated content (including but not limited to adding the aforesaid brand logo with "Movie Flow" or other relevant brand or logo in the interface of the generated content or marking in the title or other prominent positions).

5.7 Company Intellectual Property

The Services, including all software, algorithms, designs, text, graphics, images, videos, information, logos, button icons, and other materials, are owned by Company or its licensors and are protected by copyright, trademark, and other intellectual property laws. You acknowledge that Movie Flow and the Content provided through Movie Flow are subject to protection by trademark, copyright and other intellectual property rights. You may not use Content from our Services unless you obtain permission from its owner or are otherwise permitted by applicable laws. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

6. COPYRIGHT COMPLAINTS

6.1 Copyright Infringement Claims

If you believe your intellectual property rights have been infringed, please send notice in accordance with the Digital Millennium Copyright Act (DMCA) or applicable laws to: support@movieflow.ai

We may delete or disable Content that we believe violates this Agreement or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate. Written claims must include:

(a) A physical or electronic signature of the person authorized to act on behalf of the copyright owner; (b) A description of the copyrighted work claimed to have been infringed; (c) A description of where the allegedly infringing material is located on our website and/or APP so we can find it; (d) Your contact information; (e) A statement of good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (f) A statement that the information is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.

6.2 Counter-Notice

If you receive notification that your Content is subject to an infringement claim, you may submit a written counter-notice to us at support@movieflow.ai in accordance with DMCA or applicable law requirements.

7. COMMERCIAL TERMS

7.1 Service Fees

The Services we provide may be free or paid services. Specific details are subject to information displayed on Movie Flow. We may adjust fee standards and methods based on business development needs and may start charging for previously free services. We will notify users of such changes through Movie Flow with reasonable advance notice. For clarity, the provision of free services through Movie Flow shall not be construed as a waiver of our right to charge fees in the future.

7.2 Billing and Payment

(a) For paid services, you agree to pay all applicable fees as specified in your chosen plan; (b) Payments are non-refundable except as required by applicable law or as expressly stated in these Terms; (c) We may change our pricing with 30 days' notice for new subscriptions and at the end of your current billing cycle for existing subscriptions; (d) You authorize us to charge your designated payment method for all applicable fees.

7.3 Third-Party Services

Movie Flow may contain services provided by affiliated companies or third parties. We provide access points for these services for your convenience. If you use such services, you should enter into separate agreements with the corresponding service providers and bear all potential risks. We provide no guarantee or warranty for third-party services.

8. DISCLAIMERS AND LIMITATION OF LIABILITY

8.1 Disclaimer of Warranties

(a) Your use of the Services is entirely at your own risk. By using the Services, you confirm that you have carefully considered terms and conditions under this Agreement and fully understand its implications on your legal rights.

(b) THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS. WE MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE SERVICES.

YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE INTENDED RESULTS;

THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

ANY INFORMATION OBTAINED WILL BE ACCURATE, COMPLETE, UP-TO-DATE, OR RELIABLE;

DEFECTS WILL BE CORRECTED;

THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

(d) TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

(f) We cannot and do not guarantee that any Content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate information technology security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of Movie Flow and the content made available through them.

8.2 Limitation of Liability

(a) NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAWS, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE AND FOR FRAUD.

(b) You agree to defend, indemnify, and hold harmless us, our parent companies, subsidiaries, and affiliates and each of our respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses on an indemnity basis, arising out of a breach by you, your content or any user of your Account of applicable laws and regulations or this Agreement, including your obligations, representation and warranties herein.

ANY LOSS OF PROFIT, GOODWILL, OR OPPORTUNITY;

ANY LOSS, CORRUPTION, OR MISUSE OF DATA;

ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;

ANY DAMAGES ARISING FROM THE USE OR MISUSE OF AI-GENERATED CONTENT;

ANY DAMAGES ARISING FROM THIRD-PARTY ACTIONS OR CONTENT;

ANY INTERRUPTION, INTERCEPTION, SUSPENSION, DELAY, LOSS, UNAVAILABILITY, OR OTHER FAILURE IN PROVIDING THE SERVICES OR YOUR USE OF MOVIE FLOW, IN TRANSMITTING INSTRUCTIONS OR INFORMATION RELATING TO THE SERVICES CAUSED BY ANY ACTS, OMISSIONS OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.

(d) OUR TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL AMOUNT OF PAYMENTS MADE BY YOU TO US IN THE PAST 6 MONTHS OR $50, WHICHEVER IS GREATER.

9. PRIVACY AND PERSONAL DATA

We collect and process personal data of users in accordance with our Privacy Policy, which is incorporated into this Agreement by reference. All personal data handling complies with applicable privacy laws and regulations, including GDPR, CCPA, and other applicable data protection laws.

10. THIRD-PARTY PROVIDERS AND EXTERNAL LINKS

10.1 Third-Party Content and Services

You acknowledge that certain parts of Movie Flow and content made available through the Services may be provided by third parties. We are not responsible for examining or evaluating third-party content, accuracy, availability, or quality. We bear no responsibility for third-party content or services. Subject to our Privacy Policy, we may explore and integrate developer tools provided by third parties from time to time to enable or facilitate features, functions or business for Movie Flow platform in accordance with this Agreement.

10.2 External Links

Movie Flow may contain links to other websites or resources. Although these websites or resources are selected with care, we are not responsible for the content, accuracy, or privacy practices of external sites. The inclusion of links does not imply endorsement. Your use of external websites is subject to their respective terms and conditions.

11. TERM AND TERMINATION

11.1 Term

This Agreement starts on the Effective Date and continues until terminated by either party in accordance with this Section.

11.2 Termination by User

You may stop using our Services at any time and delete your Account through account settings or by contacting us at support@movieflow.ai. Once you delete your Account, you cannot reactivate it or recover associated content, unless required by applicable law.

11.3 Termination by Company

We may terminate this Agreement or suspend, block, or delete your Account at any time for any reason, with or without notice, including if:

You violate these Terms or applicable laws;

Your use could cause risk or harm to us, other users, or others;

You do not comply with applicable laws;

Your Account has been inactive for an extended period;

We are required to do so by law or government request.

If you violate or are suspected of violating applicable laws and regulations or this Agreement, we reserve the right to take all necessary actions (including but not limited to suspending, blocking or deleting your Account or your use of the Services, or reporting to the relevant authorities) immediately without notice to you at our sole discretion.

11.4 Effect of Termination

Upon termination, provisions that by their nature should survive will survive, including liability obligations, indemnities, and intellectual property licenses granted to us. We may delete your Content and Account data, subject to applicable law and our Privacy Policy.

11.5 Appeals

If you believe we have suspended or terminated your Account in error, you may file an appeal by contacting our support team at support@movieflow.ai within 30 days of the termination.

12. DISPUTE RESOLUTION

12.1 Negotiation

Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with this Agreement, including their existence, validity, interpretation, performance, breach or termination shall first be settled through friendly and amicable negotiation between you and us for a period of 30 days.

12.2 Arbitration

If negotiation fails, disputes will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with the arbitration rules of the HKIAC then in force when the Notice of Arbitration is submitted by a party. The seat of arbitration will be Hong Kong, and proceedings will be conducted in English. The arbitrator shall be selected in accordance with HKIAC rules.

The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the venue of the hearing will be mutually agreed upon, failing which the venue of the hearing shall be determined by the sole arbitrator. You and the Company agree that any settlement amount offered by any party will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.

12.3 Individual Disputes Only

You and the Company agree that disputes must be resolved on an individual basis only, and cannot be pursued as a plaintiff or class member in any alleged class, consolidated, or representative actions. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to separate and litigate in court any requests for public injunctive relief after completing arbitration for the underlying claim and all other claims. The foregoing does not prevent either party from participating in a class-wide settlement. Additionally, you and the Company knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

12.4 Jury Trial Waiver

BY ACCEPTING THIS AGREEMENT, YOU AND MOVIE FLOW WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

12.5 Emergency Relief

Notwithstanding the arbitration provision, either party may seek emergency equitable relief before a competent court to prevent irreparable harm.

12.6 Severability of Dispute Resolution

If any part of terms of this Section 12 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

13. GENERAL PROVISIONS

13.1 Governing Law

To the fullest extent permitted by applicable laws and regulations, this Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regard to conflict of law principles, provided that nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court in any other jurisdiction.

13.2 Entire Agreement

This Agreement constitutes the entire agreement between you and us regarding your use of the Services and supersedes all prior agreements, except for any separate written agreements between the parties.

13.3 Severability

If any term of this Agreement is held by a court or tribunal to be invalid, illegal or unenforceable and can be deleted without altering the essence of this Agreement, it shall be deemed deleted without affecting the validity and enforceability of the remaining terms of this Agreement. If the invalid, illegal or unenforceable provision cannot be deleted without altering the essence of this Agreement, we may amend this Agreement to remedy such invalidity, illegality or unenforceability to the extent needed to achieve the intent of the original provision.

13.4 Assignment

(a) You shall not without our prior written consent, assign, transfer, novate, part with, outsource, subcontract or delegate any of your rights, responsibilities and/or obligations under this Agreement (in whole or in part); and

(b) We may assign, transfer, novate, part with or subcontract any of our rights, responsibilities and/or obligations under this Agreement (in whole or in part) to any other affiliate, subsidiary, or successor in interest of any business associated with our Services without your prior consent.

13.5 Waiver

The failure by either party to exercise or enforce any right or remedy of this Agreement will not constitute a waiver of such right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. Any waiver of any term of this Agreement will be effective only if in writing and signed by the relevant party.

13.6 Feedback

We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). Feedback is provided on a non-confidential basis, and we have no obligation to maintain its confidentiality. You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. The Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

13.7 Language

This Agreement is drafted in English. If translated into other languages, the English version shall prevail in case of inconsistency, unless otherwise required under applicable laws.

13.8 Force Majeure

We shall not be liable for any failure or delay in performance under this Agreement which is due to fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions, pandemic, or other cause beyond our reasonable control.

13.9 Export Control

You agree to comply with all applicable export control laws and regulations, and you shall not export, re-export, or transfer the Services to prohibited countries or persons.

13.10 Additional Provisions

(a) Each party shall pay its own costs incurred in connection with the performance of any of its obligations under this Agreement, save to the extent that is expressly provided otherwise in this Agreement.

(b) No provision in this Agreement is intended to create or shall create a partnership between the parties or establishes a party as the agent of another party for any purpose. A party has no authority to act for, bind, contract in the name of, or create a liability for the other party by any means or for any purpose.

(c) Each party shall, and shall use all reasonable endeavors to procure that any necessary third party shall, execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to this Agreement.

(d) A person who is not a party to this Agreement has no right to enforce any terms of this Agreement.

13.11 Survival

Upon termination or expiration of this Agreement, any provision which, by its nature or express terms should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will survive such termination or expiration.

14. CONTACT INFORMATION

If you have any questions, complaints, or suggestions regarding this Agreement, please contact us:

(a) Through email at support@movieflow.ai; (b) By accessing [Community] in the top navigation bar of the Website.

We will review issues and reply to you in a timely manner after verifying your identity.

By using Movie Flow, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

MovieFlow Paid Service Agreement (Including Auto-Renewal Service Rules) · movieflowai.lol · support@movieflowai.lol