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| | You can contact us at support@octopuscinema.com. | | You can contact us at support@octopuscinema.com. |
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| − | By downloading, installing, creating an account for, or using the App, you agree to these Terms. If you do not agree, do not use the App.
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| − |
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| − | These Terms apply only to OCTOPUS Colori. Our other products are licensed separately under their own terms.
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| − |
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| − | == 2. Definitions ==
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| − |
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| − | ; Credits
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| − | : The units consumed when you use the AI Effect generation feature.
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| − | ; Free Plan
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| − | : Use of the App while signed in, without a paid subscription.
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| − | ; PRO Plan
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| − | : A paid subscription to the App.
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| − | ; Prompt
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| − | : The text description you submit to generate an Effect.
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| − | ; Effect
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| − | : An image or video effect generated from a Prompt, saved as a Colori Effect file (.colori-effect).
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| − | ; Community Library
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| − | : The shared collection of Effects that users may optionally publish for other users to browse and use.
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| − | ; Your Media
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| − | : The video, image and audio files you process using the App.
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| − |
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| − | == 3. Eligibility ==
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| − |
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| − | You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account or purchase a subscription. If you are using the App on behalf of a company or other organisation, you confirm that you have authority to bind that organisation to these Terms, and "you" means that organisation.
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| − |
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| − | == 4. Licence ==
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| − |
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| − | Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, for your own personal or internal business purposes, including commercial production work.
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| − |
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| − | You may not:
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| − |
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| − | * copy, redistribute, sell, rent, lease, sublicense or otherwise make the App available to any third party;
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| − | * reverse engineer, decompile or disassemble the App, or attempt to derive its source code, except to the extent that applicable law expressly permits this despite this restriction;
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| − | * remove, obscure or alter any proprietary notices in the App;
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| − | * circumvent, disable or interfere with any licensing, credit metering, authentication or security mechanism in the App;
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| − | * use the App to develop a competing product or service.
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| − |
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| − | We and our licensors retain all right, title and interest in and to the App. These Terms grant you a licence only; they do not sell you the software.
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| − |
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| − | == 5. Accounts and sign-in ==
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| − |
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| − | '''You do not need an account to use the App.''' You can install it and use the core image and video engine, along with built-in Effects and any Effect files you already have, without creating an account or signing in.
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| − | An account is required only for:
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| − | * generating a new Effect from a Prompt; and
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| − | * the additional export features included in the PRO Plan, which require a signed-in account with an active PRO subscription.
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| − |
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| − | Accounts are managed through Microsoft Entra ID. You may create an account with an email address and password, or sign in using a Google, Apple or Microsoft account. Where you sign in with a third-party identity provider, that provider's own terms and privacy policy apply to your use of their service, and we are not responsible for their availability, security or decisions about your account with them.
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| − | You are responsible for keeping your sign-in credentials secure and for all activity that occurs under your account. You must notify us promptly at support@octopuscinema.com if you believe your account has been compromised.
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| − |
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| − | Accounts are for a single user. You may not share your account credentials, and you may not create multiple accounts to obtain additional Credits or otherwise circumvent plan limits.
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| − | You may delete your account at any time. In the App, select your avatar and choose '''Manage Account'''; this opens an account management page in your browser, where you will find a '''Delete Account''' option. If you have an active subscription, you must cancel it before your account can be deleted (see [[#7.3 Cancellation|section 7.3]]).
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| − | Deleting your account does not remove the App from your devices, and you may continue to use the features that do not require sign-in.
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| − |
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| − | == 6. Plans and features ==
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| − |
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| − | The App is available in three states:
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| − | * '''Without an account''' — the core image and video engine, built-in Effects, and Effect files already on your computer. This does not expire.
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| − | * '''Free Plan''' — signed in, without a paid subscription. Includes a monthly Credit allowance for generating new Effects.
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| − | * '''PRO Plan''' — signed in, with an active paid subscription. Includes a larger monthly Credit allowance and additional export features.
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| − |
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| − | The features, Credit allowances and prices for each plan are set out on our Plans page at octopuscinema.com/wiki/index.php/OCTOPUS_Colori_Plans, which forms part of these Terms. References in these Terms to your plan's Credit allowance mean the allowance stated there for your plan.
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| − |
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| − | Effects you have already generated remain usable on your computer regardless of your plan or whether you are signed in.
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| − | We may change the features and allowances included in each plan, and we may modify or withdraw the Free Plan, at any time. Where a change materially reduces the features or Credit allowance of a PRO Plan you are currently paying for, we will give you reasonable notice and you may cancel as set out in [[#7. Subscriptions, billing and cancellation|section 7]].
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| − |
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| − | == 7. Subscriptions, billing and cancellation ==
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| − |
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| − | === 7.1 Merchant of record ===
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| − | Our payments are processed by '''Paddle.com Market Ltd''' ("'''Paddle'''"), which acts as the merchant of record and reseller for all purchases of the PRO Plan. Your purchase is therefore also subject to Paddle's own buyer terms and privacy policy, available at [https://www.paddle.com paddle.com]. Paddle handles payment processing, invoicing, sales tax and VAT, and the processing of refunds.
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| − |
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| − | We do not receive or store your full payment card details.
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| − |
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| − | === 7.2 Renewal ===
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| − |
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| − | The PRO Plan is a recurring subscription. It renews automatically at the end of each billing period (MONTHLY) at the then-current price, using your saved payment method, until cancelled.
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| − |
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| − | === 7.3 Cancellation ===
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| − | You may cancel at any time via your account page or the link in your Paddle receipt. Cancellation takes effect at the end of your current billing period. You keep access to PRO Plan features until that date, after which your account reverts to the Free Plan.
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| − |
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| − | We do not provide pro-rata refunds for partial billing periods except where required by law or under [[#7.5 Refunds and the right to cancel|section 7.5]].
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| − |
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| − | === 7.4 Failed payment ===
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| − | If a renewal payment fails, Paddle will automatically retry your saved payment method over a recovery period and may contact you to update your payment details. Your subscription remains active and you keep access to PRO Plan features during this period.
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| − | If the payment is not recovered by the end of that period, your subscription is cancelled and your account reverts to the Free Plan. Reverting does not delete any files on your own computer, and it does not remove Effects you have already generated.
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| − | While a payment is being recovered, you may be unable to cancel or change your subscription until the outstanding payment is resolved.
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| − |
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| − | === 7.5 Refunds and the right to cancel ===
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| − | If you are a consumer in the UK or EU, you normally have 14 days from purchase to cancel and receive a refund. Because the App and its AI features are digital content supplied immediately, you agree that supply begins as soon as your purchase is complete, and you acknowledge that you lose this statutory right to cancel once supply has begun and you have used the service.
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| − | Consumers in some other countries have similar rights over a shorter or longer period. These rights are handled by Paddle as merchant of record, and Paddle applies the standard that is most protective of you.
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| − | Our voluntary refund policy is set out at octopuscinema.com/legal#Software_Refund_.26_Exchange . Refund requests are handled by Paddle.
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| − |
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| − | === 7.6 Price changes ===
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| − | We may change subscription prices. We will give you at least 30 days' notice before a price change takes effect for your subscription, and you may cancel before the change applies.
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| − |
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| − | === 7.7 Taxes ===
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| − | Unless stated otherwise at checkout, prices are inclusive of VAT and applicable sales taxes. These are calculated and collected by Paddle based on your billing location, and the exact treatment shown may vary by country.
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| − |
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| − | == 8. Credits ==
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| − |
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| − | Credits are consumed when you use the AI Effect generation feature.
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| − | * '''Consumption.''' A Credit is consumed each time a Prompt is submitted for Effect generation. Credits are consumed on submission, regardless of whether you are satisfied with the resulting Effect.
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| − | * '''Replenishment.''' Your Credit allowance is replenished at the start of each billing or calendar month, as applicable to your plan.
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| − | * '''No roll-over.''' Unused Credits do not carry over. Your balance is reset to your plan's allowance on replenishment, not increased by it.
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| − | * '''Upgrades.''' When you upgrade to the PRO Plan, your Credit allowance is replenished to the PRO Plan level immediately.
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| − | * '''Downgrades and cancellation.''' When your account reverts to the Free Plan, your Credit balance is reduced to the Free Plan allowance at the next replenishment.
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| − | * '''No cash value.''' Credits are a licence entitlement, not currency or property. They have no cash value, are non-refundable, cannot be transferred, sold or exchanged, and cannot be redeemed for money.
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| − | * '''Fair use.''' You may not use automated tools, scripts or bulk submission to consume Credits, and you may not pool, resell or share Credits across users or accounts. We may suspend AI features on your account if we reasonably believe you are doing so.
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| − |
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| − | If Credits are consumed because of a technical fault on our side, contact us at support@octopuscinema.com and we will restore them where we can reasonably verify the fault.
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| − |
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| − | == 9. AI Effect generation ==
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| − |
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| − | === 9.1 How it works ===
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| − | The AI feature turns a text Prompt you write into an Effect that runs on your own computer.
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| − |
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| − | '''Your Media is never uploaded to us or to any third party.''' All image and video processing happens locally on your device. Only the text of your Prompt, together with limited technical context needed to produce a working Effect, is transmitted off your device.
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| − |
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| − | === 9.2 Third-party processing ===
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| − | Prompts are sent to '''OpenAI''', which we use as a subprocessor to generate the Effect. You should not include personal data, confidential information, client material or anything you are not permitted to disclose in a Prompt. Your use of the AI feature is also subject to OpenAI's usage policies, and we may be required to act on their enforcement decisions.
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| − | We store the Prompts you submit. At present we use them only to operate and support the App, including diagnosing faults and preventing abuse. We may in future use stored Prompts to improve and develop the App and its features. We do not sell Prompts, and Your Media is never stored by us because it never leaves your device. Our Privacy Policy at octopuscinema.com/legal#Privacy_Policy sets out how long Prompts are retained and your rights in relation to them.
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| − |
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| − | === 9.3 Outputs ===
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| − | As between you and us, you own the Effects generated from your Prompts, and you may use them commercially. We make no claim to Your Media or to your finished work.
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| − | You acknowledge that:
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| − | * AI-generated output is probabilistic. Identical or similar Prompts may produce similar Effects for other users, and we cannot guarantee that any Effect is unique to you.
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| − | * We do not warrant that an Effect will be accurate, performant, free of visual artefacts, or fit for any particular purpose.
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| − | * '''You are responsible for reviewing and testing every Effect before relying on it in production work.''' Do not use an Effect on a deliverable without checking the result.
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| − | * We do not warrant that an Effect, or your use of it, does not infringe any third party's rights.
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| − |
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| − | === 9.4 The Community Library ===
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| − | You may choose to publish an Effect to the Community Library. Sharing is entirely optional. Publishing an Effect shares the Effect itself and the Prompt used to generate it; it never shares Your Media.
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| − | '''You keep ownership of any Effect you publish.''' By publishing it, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and sublicensable licence to host, store, reproduce, modify (for formatting, compatibility and performance purposes), publish, publicly display, distribute and promote that Effect, in the App, on our website and in our marketing materials, and to make it available to other users of the App. You also grant us the right to display your username or display name alongside it.
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| − |
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| − | We may sublicense published Effects to other users so that they can download, use and adapt them, including in their own commercial work.
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| − | By publishing an Effect, you confirm that you own it or otherwise have the rights to grant this licence, and that it does not infringe anyone else's rights or breach [[#10. Acceptable use|section 10]].
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| − | You may remove an Effect you have published at any time. We will remove it from the Community Library within a reasonable period, but copies already downloaded by other users, and any use those users have already made of it, will remain licensed to them and are not affected by removal.
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| − | We may remove, decline to publish, or restrict access to any Effect at our discretion, including where we believe it breaches these Terms. If you believe a published Effect infringes your rights, see [[#17. Reporting infringing content|section 17]].
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| − |
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| − | We do not review or verify Effects published by other users. Effects obtained from the Community Library are provided without warranty of any kind, and [[#9.3 Outputs|section 9.3]] applies to them as it does to Effects you generate yourself.
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| − |
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| − | === 9.5 Connectivity and offline use ===
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| − | The core image and video engine, built-in Effects and Effect files already on your computer work offline and without an account.
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| − | Effect generation is an online service. It requires an internet connection and a signed-in account, depends on third-party services, and may be unavailable, degraded or changed at any time.
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| − | '''The PRO export features require the App to be signed in.''' If the App cannot sign in — because you are offline, because our authentication provider is unavailable, or for any other reason — it operates in signed-out mode, and the PRO export features are unavailable until sign-in succeeds. There is currently no offline grace period. You should take this into account if you intend to work somewhere without reliable connectivity.
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| − | This does not affect the duration of your subscription, and you are not entitled to a refund or credit for periods during which you were unable to sign in, except where the failure was caused by us and persisted for an unreasonable time, or where you have rights under [[#16. Your rights as a consumer|section 16]].
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| − |
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| − | == 10. Acceptable use ==
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| − | You must not use the App, or submit Prompts, to:
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| − |
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| − | * create, process or generate material that is unlawful, or that depicts child sexual abuse;
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| − | * infringe anyone's intellectual property, privacy or other rights;
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| − | * produce content intended to harass, defame, threaten or incite violence against any person or group;
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| − | * create material designed to deceive, such as content misrepresenting a real person or event in a harmful way;
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| − | * attempt to extract, reproduce or reverse engineer the underlying models, system instructions or infrastructure used to generate Effects;
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| − | * probe, scan, overload or interfere with our systems or those of our providers;
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| − | * circumvent Credit limits, licence checks or plan restrictions.
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| − | You are solely responsible for Your Media and for the content of your Prompts, and for ensuring you have the rights necessary to use them.
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| − |
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| − | == 11. Privacy ==
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| − |
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| − | Our Privacy Policy at octopuscinema.com/legal#Privacy_Policy explains what personal data we collect and how we use it. It forms part of these Terms.
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| − |
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| − | == 12. Updates and changes to the App ==
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| − | We may release updates, and some updates may be required for the App to continue functioning correctly. We may add, change or remove features. We will not, without notice, remove a core feature that you are currently paying for; where we do, [[#6. Plans and features|section 6]] applies.
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| − |
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| − | == 13. Suspension and termination ==
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| − |
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| − | We may suspend or terminate your account and licence if:
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| − | * you materially breach these Terms, including [[#10. Acceptable use|section 10]];
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| − | * we are required to do so by law or by a provider we depend on;
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| − | * your payment fails and remains unresolved ([[#7.4 Failed payment|section 7.4]]).
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| − | Where the breach is capable of remedy and the circumstances allow, we will give you notice and an opportunity to fix it before terminating.
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| − | On termination, your account and any subscription end, and you lose access to Effect generation and the PRO export features. Unless we tell you otherwise, you may continue to use the features of the App that do not require an account. Effects already generated and stored on your own computer, and work you have already produced, are unaffected. The licence you granted us in [[#9.4 The Community Library|section 9.4]] for any Effect you published to the Community Library survives termination in respect of that Effect, unless you remove it before your account is deleted. Sections 4, 9.3, 9.4, 14, 15, 17 and 21, and any other provision intended to survive, will survive termination.
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| − |
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| − | Where you have seriously or repeatedly breached section 10, we may also terminate your licence to the App entirely, in which case you must stop using it and remove it from your devices.
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| − |
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| − | You may terminate at any time by cancelling your subscription and deleting your account, as described in sections 7.3 and 5.
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| − |
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| − | == 14. Disclaimers ==
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| − |
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| − | THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
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| − |
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| − | We do not warrant that the App will be uninterrupted, error-free, or compatible with any particular hardware, operating system, GPU or host application.
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| − |
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| − | '''You are responsible for backing up Your Media and your projects.''' The App processes files on your own computer, and we are not responsible for loss or corruption of your files.
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| − |
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| − | Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in this section limits your rights as a consumer ([[#16. Your rights as a consumer|section 16]]).
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| − |
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| − | == 15. Limitation of liability ==
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| − |
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| − | Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded under the law that applies to you.
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| − |
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| − | Subject to that:
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| − | * TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF OR CORRUPTION OF DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
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| − | * OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND THE APP IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) €50.
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| − |
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| − | Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.
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| − |
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| − | If you are a consumer, the App is provided for private and professional use; where you use it for business purposes, we have no liability to you for business losses.
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| − |
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| − | == 16. Your rights as a consumer ==
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| − | If you are a consumer, you may have rights under the law of the country where you live that cannot be excluded or limited by contract — for example, in relation to digital content that is faulty, not as described, or not supplied with reasonable skill and care. '''Nothing in these Terms affects those rights, and where they conflict with these Terms, those rights prevail.'''
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| − |
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| − | ; United Kingdom
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| − | : You have rights under the Consumer Rights Act 2015. Advice is available from Citizens Advice at [https://www.citizensadvice.org.uk citizensadvice.org.uk].
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| − | ; European Union and EEA
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| − | : You have rights under EU consumer protection law, including in relation to non-conformity of digital content. You may also submit a complaint through the European Commission's Online Dispute Resolution platform, though we would prefer you contact us first at support@octopuscinema.com.
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| − | ; United States
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| − | : Some states do not allow certain warranty disclaimers or limitations of liability, and you may have additional rights under the consumer protection law of your state.
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| − | ; Elsewhere
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| − | : Any mandatory consumer protections of your country of residence apply in addition to these Terms.
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| − |
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| − | If you are a California resident, you may report a complaint to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
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| − |
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| − | == 17. Reporting infringing content ==
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| − |
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| − | We respect intellectual property rights and expect users of the Community Library to do the same.
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| − |
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| − | If you believe that an Effect published to the Community Library infringes your copyright or other rights, contact us at support@octopuscinema.com with:
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| − |
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| − | * your name and contact details;
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| − | * identification of the right you hold and the work concerned;
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| − | * identification of the Effect you say is infringing, with enough detail for us to locate it;
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| − | * a statement that you believe in good faith that the use is not authorised by you, your agent or the law; and
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| − | * a statement that the information in your notice is accurate and that you are the rights holder or authorised to act on their behalf.
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| − |
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| − | On receipt of a valid notice we will review it, remove or disable access to the material where appropriate, and take reasonable steps to notify the user who published it. If you believe your material was removed in error, contact us and we will review the decision.
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| − |
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| − | We may terminate the accounts of users who repeatedly infringe the rights of others.
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| − |
| |
| − | == 18. Export controls and sanctions ==
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| − |
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| − | You confirm that you are not located in, and are not a national or resident of, any country subject to comprehensive trade sanctions or embargoes, and that you are not named on any restricted or denied party list maintained by the United Kingdom, the European Union, the United States or the United Nations. You must not use, export or re-export the App in breach of any applicable export control or sanctions laws.
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| − |
| |
| − | == 19. Changes to these Terms ==
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| − |
| |
| − | We may update these Terms. If a change materially affects your rights, we will notify you by email or in the App at least 30 days before it takes effect. Continuing to use the App after that date means you accept the updated Terms. If you do not accept them, you may cancel your subscription and stop using the App.
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| − |
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| − | == 20. General ==
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| − |
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| − | ; Assignment
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| − | : You may not transfer your rights under these Terms without our written consent. We may transfer ours to an affiliate or to a party acquiring our business, provided this does not reduce your rights.
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| − | ; Entire agreement
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| − | : These Terms, together with the Plans page, the Privacy Policy and any refund policy, are the entire agreement between us regarding the App.
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| − | ; Severability
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| − | : If any provision is found unenforceable, the remaining provisions continue in force.
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| − | ; No waiver
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| − | : A delay in enforcing a right is not a waiver of it.
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| − | ; Third parties
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| − | : Except as stated, no one other than you and us has any right to enforce these Terms.
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| − | ; Force majeure
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| − | : We are not liable for failure to perform caused by events beyond our reasonable control.
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| − |
| |
| − | == 21. Governing law and jurisdiction ==
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| − |
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| − | These Terms are governed by the laws of England and Wales, and disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
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| − |
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| − | If you are a consumer, this does not deprive you of the protection of the mandatory consumer laws of the country where you live, and you may bring proceedings in your local courts where the law of that country gives you that right.
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| − |
| |
| − | == 22. Contact ==
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| − |
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| − | '''Peartree Studios Ltd''' (trading as OCTOPUSCINEMA)<br />
| |
| − | Registered in England and Wales<br />
| |
| − | Email: support@octopuscinema.com
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| | | | |
| | </span> | | </span> |