Terms of Service

This website is operated by The Formula AI S.R.L., registered in the Commercial Registry of Milan, with Tax Number 13815270965 and REA MI 2745629 and registered office at Via Marco Ulpio Traiano 37, 20149, Milan, Italy ("Company").

These Filmia Terms of Service ("Terms") are between you ("you" or "your") and The Formula AI S.R.L. ("The Formula AI", "we", "us", or "our"). By accessing or using our Services (defined below) in any way, by completing the account registration process, or by browsing the Website (defined below), you agree to be bound by these Terms.

These Terms apply to your access to and use of the Filmia:

• website located at filmia.ai and all associated web pages, websites, and social media pages (the "Website"); and
• services (including mobile applications) and products accessible via the Website, or otherwise made available to you by us (together with the Website, the "Services").

These Terms constitute a legally binding and enforceable contract between you and the Company. By visiting the website www.filmia.ai, purchasing a subscription, or otherwise using Filmia in any manner, you accept in their entirety and agree to be bound by these Terms.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to your access to and use of some or all of our Services ("Supplemental Terms"), including the Company's Acceptable Use Policy and the Privacy Policy. Any Supplemental Terms become part of your agreement with us if you access and use the Services to which they apply, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will take precedence for that conflict.

We may make changes to these Terms from time to time. The "Last Updated" date above indicates when these Terms were last changed.

1. Definitions

In these Terms:

1. "Website" means the website available at https://www.filmia.ai
2. "Filmia" means the name of the platform exclusively owned by The Formula AI S.R.L.
3. "Service" means the service offered by Filmia
4. "Account" means an online account registered by you for the purpose of using Filmia.
5. "User" means the end customer (in case of an individual) or the company or other legal entity and its affiliates for which you are accepting these Terms, as applicable.
6. "Authorized User" means employees, contractors, and other persons associated with you who access or use Filmia through your account.
7. "Use Data" means data relating to your use of Filmia, including statistical data, workflows, patterns, device-generated reports and audit logs, settings, preferences chosen, and resource usage.
8. "Content" means any files, data, material and information submitted, uploaded and stored by you through Filmia, including your Input and Output.
9. "Input" means prompts or Content shared with Filmia for the purpose of generating Output.
10. "Output" means new images, materials, files, and other content generated and returned by third party AI models within Filmia based on your Input.
11. "Documentation" means the product-related documentation available at www.filmia.ai or such successor link identified by Filmia.
12. "LoRA (Low-Rank Adaptation)" means a machine-learning customization technique that allows an artificial intelligence model to be adapted or fine-tuned using specific datasets, visual styles, objects, or characteristics, without modifying the underlying base model. On Filmia, LoRAs may be used to personalize outputs such as characters, objects, visual styles, or other creative elements based on user-provided or user-selected content.

2. Services Provided

Filmia.ai ("the Service") is an AI-powered platform that enables users to create, edit and share video advertising content through an online video editor. By using Filmia.ai, users may access the following features:

1. AI-powered video and image generation: The Service enables users to create images, video advertisements and other commercial content using artificial intelligence, allowing for rapid production from initial concept to final output.
2. Storyboard and editing tools: Users can create and customize storyboards, edit video content, and refine creative elements entirely within the platform.
3. Avatar Creation: Filmia allows users to create avatars based on a prompt or an image. In the case of images generated from a prompt, the person generated by artificial intelligence does not exist and does not refer to any living or deceased person. In the event that the user uploads an image depicting a real person, the user must ensure that they have obtained the written consent of the individual whose rights are involved, in accordance with the Third Party Consent Policy. The User remains solely responsible for the content used to create or apply any avatar, including any images, prompts, or other materials, and for any outputs generated through its use.
4. Voice Cloning and VoiceOver: The platform also allows the generation of audio and sound effects. In the event that the user chooses to use the voice cloning service, the User must ensure that they have obtained the written consent of the individual whose rights are involved, in accordance with the Third Party Consent Policy. The User remains solely responsible for the voice cloning. The User remains solely responsible for the content used to create or apply any voice cloning functionality, including any voice recordings or audio materials, and for any outputs generated through its use.
5. Brand customization: Filmia allows users to create dedicated workspaces for the customization of content used in the creation of scripts, styles, and object LoRAs to ensure that all video content aligns with the user's brand identity and marketing objectives. Where a User creates, uploads, trains, or uses a LoRA based on images, audio, data, or other materials, the User represents and warrants that they own all necessary rights or have obtained all required permissions, licenses, and consents from the relevant rights holders, in accordance with the Third Party Consent Policy. The User remains solely responsible for the content used to create or apply any LoRA and for any outputs generated through its use.
6. Workflow automation: Filmia provides specific automated agency functionalities designed to enable users to automate certain technical aspects of video production, including, but not limited to, automated creation workflows and image style generation
7. Team collaboration: the platform supports collaboration among multiple users, allowing teams to work together on video projects in a coordinated manner.
8. Asset sharing: the platform enables users to share projects across the entire video production chain (e.g., from agency to client), allowing for tracking of shared assets and facilitating prompt video editing in response to client feedback.

The Service is intended solely for the creation, editing, testing, and optimization of video advertising content. Users agree to use the Service in accordance with applicable laws and the terms set forth herein. Users remain responsible for the accuracy, legality, and appropriateness of all content produced using the Service.

3. Eligibility and Use Restrictions

3.1 - Age. If you are under 18 years of age (or the age of legal majority where you live), you may not use our Services

3.2 - Authorization. If you register, access or use our Services on behalf of another person or entity, (i) all references to "you" throughout these Terms (other than in this Section 1(a)) will include that person or entity, (ii) you represent that you are authorized to enter into these Terms on that person's or entity's behalf, and (iii) in the event you or that person or entity violates these Terms, that person or entity also agrees to be responsible to us. If you are an entity using any Services pursuant to these Terms, you are responsible for your employees' and representatives' use of the Services, including ensuring they comply with these Terms.

3.3 - Use Restrictions. Your access to and use of the Services must comply with these Terms and your access and use of the Services and any Output must still comply with the Acceptable Use Policy.

4. Personal Data and Confidentiality

4.1 - User Information and Data Collection. The User may provide certain information to Filmia in connection with their access to or use of our Services, or we may otherwise collect certain information about the User when they access or use our Services. For information about how we collect, use, share, and otherwise process information about the User, please review our Privacy Policy.

4.2 - Communications. The User agrees to receive communications from Filmia via the Services using the email address or other contact information provided in connection with the Services. The User represents and warrants that any information provided to Filmia in connection with the Services is accurate.

4.3 - Processing of Personal Data for Business Purposes. You acknowledge that Filmia may process personal data relating to the operation, support, or use of our Services for our own business purposes, such as billing, account management, data analysis, benchmarking, technical support, product development, research and development of its AI models, improvement of its systems and technologies, and compliance with law.

4.4 - Use Data License. You hereby grant us a worldwide, perpetual, non-exclusive, non-sublicensable and non-transferable, royalty-free, license to monitor you and your Authorized Users' use of the Website and Filmia and collect and analyze Use Data, in order to perform Filmia (including generation of analytics and reports), to improve Filmia, and to create new products and services, provided that the aforementioned Use Data will not identify you, your Authorized Users or any other individual.

4.5 - Confidentiality. Filmia (the "Discloser") has disclosed or may disclose proprietary or non-public business, technical, financial, or other information ("Confidential Information") to you (the "Recipient"). Our Confidential Information expressly includes non-public information regarding features, functionality, and performance of Filmia, including security related information. The Recipient will use the Discloser's Confidential Information only for the purpose of evaluating whether or not to use (or continue to use) Filmia. The Recipient will not disclose the Discloser's confidential information to parties other than the Recipient's employees, contractors, affiliates, agents, or professional advisors ("Representatives") who need to know it and who have a legal obligation to keep it confidential. The Recipient will ensure that its Representatives are subject to no less restrictive confidentiality obligations than those herein. Notwithstanding the foregoing, the Recipient may disclose the Discloser's Confidential Information: (a) if directed by Discloser; or (b) to the extent required by applicable legal process, provided that the Recipient uses commercially reasonable efforts to (i) promptly notify the Discloser in advance, to the extent permitted by law, and (ii) comply with the Discloser's reasonable requests regarding its efforts to oppose the disclosure.

5. Accounts

5.1 - Registration. To use all or part of our Services, the User is required to create an account. Following the initial registration of the Account, the User will be able to access and use Filmia solely for their business activity and in accordance with these Terms. Filmia may be updated from time to time, including through the addition, removal, or modification of features and Third-Party AI Models.

5.2 - Account Information. The User must provide Filmia with accurate and complete information in order to create an Account. You will promptly update any information contained in your account if it changes. The User agrees to keep their Account information up to date and accurate. Any services provided in connection with the Account will be charged to it. Should the User provide false, outdated, or incomplete information, or should the Company have reasons to suspect it, the Company reserves the right to suspend or cancel the User's Account.

5.3 - Account Access and Responsibility. The User is responsible for safeguarding the Account username and password and for supervising the use of their Account. You may not share or permit others to use your individual account credentials. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. The User is solely and fully responsible for all activities that occur under the Account and must notify Filmia immediately of any unauthorized use of the Account or any other breach of security.

5.4 - Authorized Users and Access Rights. These Terms apply to any Authorized User of Filmia. The User is solely responsible for their Authorized Users' compliance with these Terms, and for their internal management or administration of Filmia. Without detracting from any of our rights, a violation of any provision of these Terms by an Authorized User may result in the termination of such Authorized User's access to, or the User's access to, Filmia. If the User's access to Filmia is terminated for any reason, Authorized Users will no longer be able to access Filmia or any of the Content. Each Authorized User's account is personal to the Authorized User to whom it is issued.

5.5 - SSO (Single Sign-On). The User may register an Account by logging into their account with certain third-party service accounts ("SSO"), including, but not limited to, Google (each such account, an "External Account"). As part of the functionality of Filmia, the User may link their Account with such External Accounts by either: (i) providing their External Account login information to Filmia; or (ii) allowing Filmia to access their External Account, as permitted under the applicable terms and conditions that govern the User's use of each External Account. By registering an Account through an SSO, the User represents that they are entitled to disclose their External Account login information to Filmia and/or grant Filmia access to their External Account (including, but not limited to, for use for the purposes described herein), without breaching any of the terms and conditions that govern the use of the applicable External Account and without obligating Filmia to pay any fees or making Filmia subject to any usage limitations imposed by such third-party service providers.

5.6 - Deletion of Account. The User may delete their Account at any time from within their Account, in the section dedicated to Account settings. All Content and other information and data entered into Filmia will be permanently deleted if the User deletes their Account, subject to the provisions of Section 11.2. If your Account is closed or terminated, you will forfeit all unused credits related to our Services (including character credits) associated with your Account.

6. Subscription Services; Payment

6.1 - Subscriptions. To access and use the Service, the User is required to enroll in a subscription payment plan (a "Recurring Subscription"). Filmia is offered under different pricing plans, the limits and features of which are available at www.filmia.ai. A different allocation of credits and features is permitted only through the specific purchase of Enterprise plans.

6.2 - Renew. The Recurring Subscription will automatically renew until the User cancels it or the Recurring Subscription is otherwise terminated. The User's subscription will automatically renew on a monthly or annual basis, as applicable, at the then-current rate and user quantity in the User's account on the renewal date. Each individual monthly or annual subscription period is referred to as a "subscription term." Subscription fees for the applicable subscription term will be due and payable in advance in full, unless stated otherwise at the time of purchase.

6.3 - Cancellation. The User may cancel the subscription through their account in the account settings area. The User may cancel a Recurring Subscription at any time, but the cancellation only becomes effective at the end of the current billing period (except where the User has cancelled for a valid reason, such as in anticipation of changes to the Terms or in relation to exercising the right of withdrawal, as set out in Section 7). Except as stated above, no subscription fees already paid will be refunded. Following cancellation, however, the User will continue to have access to the applicable Services through the end of the current subscription period.

6.4 - Price Changes. Filmia reserves the right to modify the prices and offerings of each subscription plan. In the event of a price change, such change shall apply to all users from the first renewal following the effective date of the new pricing. If the User does not wish to continue the Recurring Subscription at the new price, they may cancel it prior to the commencement of the next subscription period. If the User does not cancel, they shall be deemed to have accepted the price change. Notwithstanding the foregoing, Filmia reserves the right to maintain the existing price for Users already registered on the platform.

6.5 - Payment and authorization for automatically recurring payments. The User authorizes Filmia to store their payment method information and to automatically charge the payment method for the amount of the Recurring Subscription, with no further action required by the User. The length of the Recurring Subscription will be provided at the time of purchase. If Filmia is unable to charge the User's payment method as authorized at the time of enrollment in the Recurring Subscription, Filmia may, at its sole discretion: (i) suspend access to the Services until payment is received, or (ii) attempt to update the payment method information through third-party sources (e.g., the User's bank or a payment processor) to continue charging the payment method as authorized by the User. Filmia will notify the User prior to taking such actions.

6.6 - Payment warrant. The User represents and warrants that they have the right to use any payment method provided to Filmia. Filmia may receive updated information from the User's issuing bank or our payment service provider regarding any payment method stored with us. The User authorizes Filmia to charge their payment method, including any updated payment method information received, for any charges the User is responsible for under these Terms. Verification of information may be required prior to completing any transaction. The User will pay all charges incurred by them or on their behalf through the Services, at the prices in effect when such charges are incurred, including all applicable taxes and shipping and handling fees. In the event that legal action is necessary to collect outstanding balances, and to the extent permitted by applicable law, the User will reimburse Filmia and our vendors or agents for all expenses incurred in recovering the amounts due, including attorneys' fees and other legal costs. The User is solely responsible for any bank fees, interest charges, finance charges, overdraft charges, and any other fees incurred as a result of the charges billed by Filmia

6.7 - AI Credits & Usage Limits. AI credits (i) do not represent legal tender, currency, or stored value; (ii) are not redeemable for monetary value; (iii) are not exchangeable or transferable; and (iv) can only be used for Filmia offering. Filmia may be subject to usage limits and limitations on the maximum number of Authorized Users, in accordance with your subscription terms. We may change such limitations from time to time by notification or an update to the public subscription terms. Exceeding the limitations may incur excess charges which will be added to fees of your subscription, or as agreed between the parties in the subscription terms or any written agreement or order between you and Filmia.

7. Right of Withdrawal

7.1 - Contents and Terms. When the User purchases a Recurring Subscription directly from Filmia as a consumer, they have the legal right to withdraw from the Recurring Subscription agreement within 14 days of purchase. For the avoidance of doubt, it is clarified that the right of withdrawal can only be exercised within the first 14 days from the date of purchase (i.e., only during the first month) and not within the first 14 days of subsequent months.

7.2 - Exercise of the right. The right of withdrawal may be exercised by sending an email to: info@filmia.ai. The Company reserves the right to verify that the request was submitted within 14 days from the date of purchase of the subscription and that these Terms of Use have been complied with.

8. User Obligations, Content and Rights

8.1 - Use Obligations. You will only use Filmia and Website in compliance with all applicable laws, rules and regulations, including those regarding data privacy, intellectual property rights and export control. The User is only authorized to use the Website and the Services in good faith and under the Terms, which include our Acceptable Use Policy. The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Website or third parties. The User shall be responsible for any costs required for the Services' use and for ensuring, prior to using the Services, that the Services' features meet the User's needs and that he/she/it meets all requirements and has all the equipment and software necessary for this purpose. The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from the Company.

8.2 - Use Restrictions. As a condition for the access and use rights granted to you hereunder, you must not, whether by yourself or anyone on your behalf: (a) interfere with the functioning of the Website or in the Services, in particular, he/she/it will not impersonate another user or person. (b) provide, sell, resell, transfer, sublicense, lend, distribute, rent, lease or otherwise allow others to access or use Filmia (c) access or attempt to access Filmia by any means other than the interface we provided or authorized; (d) circumvent any access or use restrictions put into place to prevent certain uses of Filmia, including any Content and Output guardrails put by us or our Third Party Service providers; (e) to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by the Company. (f) use of robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website or the Services in any way which is contrary to the ordinary use of the Website or which infringes the Company's interests (without its express prior authorization) is strictly prohibited. (g) obtaining or attempting to obtain the contents of the Website using any method or system not expressly authorized by the Company or which is not the ordinary method of accessing the Website is also strictly prohibited. (h) use Filmia to store, share or transmit content which is unlawful, infringing, harmful or which violates any person's rights, including privacy rights and intellectual property rights, or otherwise use Filmia or Output in violation of our Acceptable Use Policy; (i) attempt to disable, impair, overburden, or damage Filmia; (l) copy, modify, distribute, create any derivative work (other than Output), reverse engineer or decompile Filmia or attempt to derive or discover any source code, object code, underlying structure, ideas, know-how or algorithm from Filmia; (m) use Filmia or Output to develop a service or product competing with Filmia's products and services; (n) remove the copyright, trademark and other proprietary notices contained on or in Filmia or Website or attempt to register the aforementioned under your own or a third party's name; or (o) attempt or assist anyone in doing any of the foregoing.

8.4 - Input & Output. As between the parties, you are the owner of all Output generated by Filmia based on your Input. You are responsible for both Input and Output, including for ensuring that it does not violate any applicable law, the rights of third parties or these Terms. You acknowledge that due to the nature of machine learning, Filmia may generate similar or identical output for users providing similar content or input and understand that such output generated for other users will not be considered your "Output". For the avoidance of doubt, this does not mean that Filmia shares content created by one user with other users, but simply that the AI models used by users may produce similar results when identical prompts are used.

8.5 - Responsibility for Content. Filmia is not intended to be used as storage, backup or archiving services. It is your responsibility to back up your Content and you are responsible for any lost or unrecoverable Content.

9. AI Models

9.1 - Generally. Filmia is a platform that enables customers to leverage various third party AI models ("Third Party AI Models") and connect their own models ("Customer Models") for use with Filmia. Some Third Party AI Models are provided to you subject to these Terms ("Verified Models"). Other Third Party AI Models are provided to you both subject to these Terms as well as the terms and privacy policies of the applicable model provider (referred to collectively with Customer Models as "Unverified Models"). As a result, those model providers have additional rights to Your Content (which may include the right to train their generative AI models). Filmia will maintain a list of Verified and Unverified Models (including the Unverified Models' terms and policies) in the AI Models Provider Documentation. By using an Unverified Model, you acknowledge and agree to the applicable Unverified Model's applicable terms and policies.

9.2 - Unverified models. Notwithstanding anything to the contrary in these terms, unverified models are provided "as is" without warranty of any kind, without any performance obligations, and Filmia shall have no indemnification obligations nor liability of any type with respect to the unverified models unless such exclusion of liability is not enforceable under applicable law in which case Filmia's liability with respect to the unverified models shall not exceed $100.00. You are solely responsible for reviewing and vetting unverified models (including all applicable terms and policies) for your use case.

9.3 - Data Transfer. To the extent you use Third Party AI Models with Filmia, you authorize Filmia to share your Content with the applicable Third Party AI Model provider as necessary to enable such interoperability.

10. Third-Party Services and Content

10.1 - Use of Third-Party Services. Our Services rely on or interoperate with third-party products and services, including data storage services, communications technologies, third-party LLM providers, and internet and mobile operators (collectively, "Third-Party Services"). These Third-Party Services are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services.

10.2 - Third-Party Products, Services, and Content. We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.

10.3 - Interaction with Third-Party. We have no obligation to monitor Third-Party Services or Third-Party Content, and we may block or disable access to any Third-Party Services or Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content or Third-Party Services may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Services). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services.

11. Intellectual Property Rights

11.1 - Ownership of Intellectual Property. All intellectual property rights over the Website, the Services, and/or the Filmia Content, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to the Company, as well as all trademarks, service marks, trade names, logos, and trade dress (collectively, the "Marks")

11.2 - Use Restrictions. Except as expressly authorized under these Terms, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services, the Filmia Content or any of its parts, is strictly forbidden.

12. Liability

12.1 - Improper use or breach of the terms. The User acknowledges and agrees to use the Website and its Services at the User's own risk and under the User's responsibility and, therefore, the Company assumes no liability for improper use or use in breach of these Terms.

12.2 - Indemnification (misconduct). The User will be responsible for any damage caused to the Company resulting from the use of the Website and the Services in breach of the Terms and agrees to indemnify the Company and its directors, employees, agents and representatives from any liability they may incur as a result of the User's breach of these Terms.

12.3 - Indemnification (third parties). You will indemnify, defend (at our option), and hold harmless Filmia and our officers, directors, partners, licensors, employees and agents from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to: (a) your access to or use of the Services; (b) the Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services or the Content. You will cooperate with Filmia in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys' fees). Filmia will have control of the defense or settlement, at Filmia's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Filmia.

13. Limitation of Liability

13.1 - Limitation of Indirect Liability. Under no circumstances, and under no legal theory (whether in contract, tort (including negligence), strict liability, warranty, or any other theory of liability), will Filmia, its affiliates, and its or their contractors, employees, agents, or third-party partners, licensors, or suppliers (collectively, its "Party Representatives") be liable for any special, indirect, incidental, consequential, or exemplary damages (including loss of profits, data, or use, or cost of cover) arising out of or relating to these Terms or the use of or the inability to use Filmia, even if Filmia or its Party Representatives has been advised of the possibility of such damages.

13.2 - Limitation on Amount of Liability. Under no circumstances, and under no legal theory (whether in contract, tort (including negligence), strict liability, warranty, or any other theory of liability), will the total liability of Filmia, its affiliates, and its or their Party Representatives for any and all damages and causes of action arising out of or relating to these Terms or the use of or the inability to use Filmia exceed the greater of: (a) $100; or (b) the Filmia subscription fees paid by you to Filmia in the 12 months preceding the event giving rise to such liability.

13.3 - Limitation of Liability for Availability and Continuity. The Company shall not be liable for the availability or continuity of the Website or the Services in cases where events not attributable to the Company itself prevent proper functioning. By way of example and without limitation, the Company shall not be liable for any damages that is: (a) unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable) (for instance, interruptions, viruses, technical problems, interference, omissions, unavailability, blackouts, failures of telecommunication networks or the User's equipment that are not the Company's responsibility); (b) caused by a delaying event outside our control. As long as we have taken the steps set out in the section we're not responsible for delays outside our control (for instance, delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or in the electricity grid, third-party actions). (c) avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us. (d) a business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described above. (e) related to the unavailability of the Website and the Services due to maintenance or software updates.

Some countries and states may not allow the limitation of certain damages, so some or all of the foregoing terms may not apply to you. In that case, these Terms only limit our responsibilities to the maximum extent allowed in your country of residence.

14. Term and Termination

14.1 - Term. These Terms will take effect the first time you access Filmia or the Website and will continue in full force and effect until: (a) if you are a paid subscriber to Filmia, the termination, discontinuation, or cancellation of your subscription; or (b) if you are using a free Filmia offering, when your account is deleted or terminated. For Website visitors who do not have an account with Filmia, these Terms apply to any period of time you are accessing or using the Website.

14.2 - Termination.

(a) Filmia may terminate your access to and use of Filmia, at Filmia's sole discretion, at any time and without notice or liability to you, but if Filmia cancels your subscription and the termination is not due to your breach of these Terms, Filmia will provide you a pro rata refund of pre-paid unused fees unless, in our reasonable discretion, Filmia is not legally permitted to do so (in which case any refund rights are null and void).

(b) Upon any termination, discontinuation, or cancellation of your Filmia subscription or your Filmia account, the following provisions of these Terms will survive: Billing (to the extent you owe any fees at the time of termination, discontinuation, or cancellation); Confidentiality; provisions related to Usage Data, Customer Content, and Feedback; Warranties and Disclaimers; Indemnification; Limitations of Liability; Termination; and the provisions under Section 15. Upon any termination, to the extent permitted by applicable law, Filmia will make all Content then held by Filmia available to you for electronic retrieval for a period of 30 days, but thereafter Filmia may delete any stored Content. Notwithstanding the foregoing, upon termination of this Agreement for breach of Section 17 (Export Control), you lose all right, title, and interest to Content, and Filmia may immediately quarantine, delete, or remove Content, and immediately suspend your use of and access to Filmia.

15. Modifying and Terminating Our Services

15.1 - Changes we can always make. We can always change the Services: (a) to reflect changes in relevant laws and regulatory requirements, for example to ensure our Services comply with applicable law; (b) to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the Services; and (c) to update the Services, provided that the Services always match the description that we provided to you before you paid for them. We might ask you to install these updates.

15.2 - Changes we can only make if we give you notice and an option to terminate. If we plan to make any changes that materially adversely impact you, we'll notify you in advance and you can then contact us to end the contract before the change takes effect and receive a refund for any Services you've paid for in advance, but won't receive.

15.3 - We can suspend the supply of Services. We do this to: (a) deal with technical problems or make minor technical changes; (b) update the Services to reflect changes in relevant laws and regulatory requirements; or (c) make changes to the Services.

Our ability to suspend supply is without prejudice to your legal guarantee rights. We will contact you in advance to notify you of any suspension, unless suspension is required urgently for security or legal reasons, or if we are unable to notify you due to some legal reasons. If we suspend the Services for longer than ten (10) days in any thirty (30) day period, we adjust the price so you don't pay for it while it's suspended. If we suspend supply, or tell you we're going to suspend supply, for more than thirty (30) days, you can contact us to end the contract and we'll refund any sums you've paid in advance for products you won't receive.

16. Miscellaneous

16.1 - Changes to these Terms. The Company may modify the Terms at any time and thus we recommend that the Terms are reviewed on a regular basis by the User. Filmia will post the most current version of these Terms on the Website. Filmia may provide you this notice through Filmia, the Website, and/or by email to the email address associated with your account. The date at the beginning of these Terms refers to the latest update of these Terms, which will be applicable from the date of publication. By continuing to use Filmia after any revised Terms become effective, you agree to be bound by the new Terms.

16.2 - Terms Translation. The Company may provide translations of these Terms into various languages merely for informative purposes. However, the English version is the only legally binding version. In the event of any discrepancy between the English version and a translated version, the English version shall prevail.

16.3 - Website and Platform changes. The Company may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, the Company will comply with its obligations regarding the keeping of records in relation to certain transactions for the relevant period as provided by applicable law or refund the Users of Subscriptions in force at that time with the proportional part of the price not accrued before the termination.

16.4 - Open-Source. You acknowledge that certain components (including some third party AI models) are offered under the terms of Open-Source Licenses, which will be made available to you by Filmia or by the applicable Third Party Service provider. You will comply with the terms of such Open-Source Licenses, and to the extent the terms of these Open-Source Licenses prohibit some of the restrictions set out in these Terms, such restrictions will not apply to Filmia or components which are governed by the Open-Source Licenses.

16.5 - Retention of Rights. All rights not expressly granted to the other party under these Terms are reserved by the applicable party and its licensors. Without detracting from the foregoing, Filmia and its licensors retain all rights, title, and interest in Filmia, and any related intellectual property rights. These Terms do not convey to you any interest in or to Filmia's intellectual property rights; Filmia is licensed, not sold.

16.6 - Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.

16.7 - Waiver. Filmia's failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.

16.8 - Relationship. Nothing in these Terms shall be construed as creating any employment, agency, partnership, trust arrangement, fiduciary relationship, or any other form of joint enterprise between you and Filmia.

16.10 - Entire Agreement. These Terms, together with any agreement or policy incorporated herein, contain the entire agreement between Filmia and you relating to your use of Filmia and Website and supersedes any and all prior agreements between Filmia and you in relation to the same. You confirm that, in agreeing to accept these Terms, you have not relied on any representation except as has expressly been made by Filmia in these Terms.

16.11 - Assignment. You may not assign your rights or delegate your obligations under these Terms without Filmia's prior written consent. Any purported assignment contrary to this Section will be null and void. Filmia may freely assign these Terms or any of its rights and obligations hereunder.

16.12 - Publicity. Filmia and its affiliates may use your name and logo in publication of Filmia customers on websites, social media and marketing materials, and, with your prior written consent and approval of the materials, issue success stories or other forms of publicity and marketing materials concerning your involvement with and use of Filmia.

16.13 - Feedback. If you choose to provide us with any feedback, input, comments or suggestions regarding the design, functionality or operation of Filmia or Website ("Feedback"), then you hereby irrevocably and unconditionally agree that Filmia may freely use and incorporate such Feedback into Filmia or Website, or any of Filmia's current or future products and services.

16.14 - Trademark Guidelines. Filmia's Trademark Guidelines apply to any use of words, logos, graphics, designs, and other indicators that identify Filmia as the source of a product or service ("Filmia's Marks").

16.15 - Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. Lists of examples following "including" or "e.g." or similar words are not exhaustive (that is, they are interpreted to include "without limitation"). URLs are understood to also refer to successor URLs, URLs for localized content, and information or resources linked from within the websites at the specified URLs. The word "or" will be deemed an inclusive "or".

16.16 - Unenforceable or unlawful clause. If any portion of these Terms is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

17. Export Control

Access to and use of the Service are subject to applicable export control and economic sanctions laws and regulations (collectively, the "Export Controls"), including, without limitation, the U.S. Export Administration Regulations and the laws, regulations, rules, and executive orders administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury (OFAC), as well as any other applicable international trade laws.

The Provider and you each represent and warrant that you are not listed on (and are not owned or controlled by any person listed on) the OFAC Specially Designated Nationals and Blocked Persons List or any other list of prohibited or restricted parties issued pursuant to Export Controls.

You agree to comply fully with all applicable Export Controls in connection with your access to and use of the Service and related content. In particular, you shall not access, use, export, re-export, distribute, transfer, or otherwise engage in any transaction involving the Service or any content in violation of Export Controls.

For the avoidance of doubt, the Provider may take any measures required by law or governmental authority to comply with its obligations under Export Controls and OFAC, including, without limitation, suspending or restricting access to the Service, terminating these Terms, or blocking the relevant content.

18. Law and Dispute Resolution

18.1 - Governing Law. The use of the Website and the Services and the interpretation and application of these Terms shall be governed by Italian Law. Except for those cases in which the applicable law imposes a specific jurisdiction, any dispute in connection with these Terms shall be resolved by the Courts of Milan (Italy), and the parties expressly waive any other applicable jurisdiction. In accordance with the provisions of article 14 of Regulation (EU) 524/2013, the Users are informed that, in the cases in which it is applicable due to the condition of the User as a consumer, the European Commission has an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/. If any provision in these Terms is declared to be invalid or unenforceable, it shall be substituted or deemed as not included. The remaining provisions in these Terms shall not be affected in any way.

18.2 - Binding arbitration. You and Filmia both agree to resolve disputes arising out of or relating to these Terms, your use or contemplated use of the Filmia, or any aspect of your relationship or transactions with Filmia (each, a "Claim") in binding arbitration instead of court, except that either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights. You and Filmia agree to resolve disputes solely on an individual basis, waiving any right to participate in a class, representative, or consolidated action, unless you opt out of arbitration.

We want to try to resolve disputes without resorting to arbitration, if possible. Before initiating arbitration, you and Filmia agree to notify each other in writing of any dispute ("Claim") at least 60 days before a demand for arbitration can be filed. To notify your claim, you must send an individualized letter containing: (a) your name, mailing address, and the email address you use to access the Service; (b) the name, mailing address, and email address of your attorney, if any; and (c) a description of the dispute with the specific reasons for your complaint. You may send the letter by certified mail to the following address: Via Marco Ulpio Traiano, 37D, Milan, 20149. If the dispute is not resolved within 60 days of Filmia or your receipt of the Pre-Arbitration Letter, formal arbitration may be initiated.

The arbitration will be conducted by Camera Arbitrale di Milano (CAM) under its operative Comprehensive Dispute Resolution Rules and Procedures, available at https://www.camera-arbitrale.it/en/arbitration/arbitration-rules.php?id=64. Fees and costs will be allocated in accordance with the applicable CAM rules, unless the arbitrator finds a Claim frivolous, in which case the party bringing the Claim is responsible for reimbursing the other party for its administrative, hearing, and/or other fees incurred as a result of the frivolous Claim. If CAM is not available to arbitrate, the parties will select an alternative arbitration provider. The arbitration may be conducted in writing, remotely (e.g., by videoconference), in Milan (Italy), or at some other location that you and Filmia both agree to.

Opting-out. If you don't want to agree to arbitrate your Claims as explained above, then you can opt-out of this arbitration agreement by notifying Filmia of your decision in writing at info@filmia.ai. Your notice must include your name, mailing address, email address, and an unequivocal statement that you are opting out of this arbitration agreement. An opt-out notice that purports to opt out multiple parties will be invalid as to all such parties. No individual (or their agent or representative) may effectuate an opt out on behalf of another party. You must opt-out within 30 days of the date you first agree to these Terms or any updated Terms.

Dispute resolution in the absence of arbitration. If arbitration is not conducted, any dispute shall be submitted to the courts of Milan, Italy, and consumer protection laws shall apply, provided that the user qualifies as a consumer under applicable law.

19. Contacts

If you have a question or complaint regarding the Services, please send an email to info@filmia.ai. Note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us.