Terms of service

These Terms of Service (the "Terms") govern the use of the websites, applications and online services operated by Kinema (the "Service"), including the AI video production platform available at kinemalab.ai and all related software, tools, interfaces and content that reference these Terms.

In addition to these Terms, the contractual framework between you and Kinema includes: (a) the Privacy Policy, (b) the Acceptable Use Policy (the "AUP"), and (c) the Cookie Policy. These documents are incorporated into the Terms by reference. In the event of a conflict, the following prevails: the Privacy Policy solely with respect to the processing of personal data; the AUP solely with respect to prohibited conduct and measures against it; and in all other matters, these Terms.

By accessing or using the Service, you confirm that you have read the above documents, that you have the capacity to enter into these Terms (on your own behalf or on behalf of an organisation you represent), and that you agree to be bound by them. If you do not agree, you must not use the Service.

If you or your organisation have entered into a separate written agreement with Kinema governing the use of the Service (e.g., an Enterprise agreement or an order form), that agreement prevails to the extent it deviates from these Terms.

Certain features of the Service may be subject to supplemental terms, which will be made available to you before you use them. In the event of a conflict, the supplemental terms prevail for the given feature.

Definitions. For the purposes of these Terms:

The provider of the Service and your contracting party is Kinema AI Lab, s.r.o., with its registered office at Malostranské náměstí 262/9, 118 00 Prague 1, Czech Republic, Company ID (IČO): 24043362, VAT ID: CZ24043362, registered in the Commercial Register maintained by the Municipal Court in Prague, file no. C 437559.

Contact: support@kinemalab.ai; Czech data box: fjv6i2e. The supervisory authority for consumer protection is the Czech Trade Inspection Authority (Česká obchodní inspekce).

The Service may only be used by persons who are at least 18 years of age and have full legal capacity. By using the Service, you represent that you meet this requirement. The Service is not intended for children.

Access to the features of the Service requires account registration. During registration, you must provide true, accurate and complete information and keep it up to date. Providing false information is a material breach of these Terms.

You are responsible for the security of your login credentials and for all activity under your account, whether or not authorised by you. If you discover unauthorised access to your account, notify us without delay. We are not liable for harm arising from your failure to secure your login credentials.

The account is personal and non-transferable. Sharing an account with a third party is prohibited; inviting members into a Workspace under Article 4 is not account sharing. You acquire no ownership or other proprietary right to your account.

Each person may hold no more than one account under the free plan. Creating multiple accounts to repeatedly obtain free benefits is a material breach of these Terms.

We reserve the right to refuse registration, suspend or reclaim a username, or require additional identity verification where reasonably justified for security, legal or operational reasons. If your account was previously terminated for a breach of the Terms, you may not register again.

The Service enables collaboration of multiple Users in a Workspace. The Workspace owner may invite and remove members and manages billing; the owner is responsible for payment of all fees for the Workspace and its members.

All content in a Workspace is visible and accessible to all its members and administrators. Workspace members have no expectation of privacy with respect to content in the Workspace as against other members or administrators. The Workspace owner is responsible for informing members of this arrangement.

Each Workspace member must have their own account and accept these Terms. Rights to the Workspace, the content in it and Credits are not transferable between members. Upon termination of membership or of the Workspace, content and data are handled in accordance with Article 17.

The Service is offered in a free tier with limited features (the "Free Plan") and in paid subscription plans ("Paid Plans"). The scope of features and limits of each plan are described in the price list at the point of purchase. We reserve the right to change, limit or discontinue Free Plan features at any time.

Fees for Paid Plans are billed in advance, monthly or annually as selected by you. Subscriptions renew automatically for further periods of the same length at the then-current price until cancelled. You may cancel at any time in your account settings; cancellation takes effect at the end of the current period, which runs its course without any refund of a pro-rata portion of the fee. We will send a reminder by e-mail before the renewal of an annual subscription.

You authorise us to store your payment details with our payment processor (Stripe) and to automatically charge fees under your selected plan, including renewal fees, without further confirmation. Payments are processed by Stripe under its own terms; we are not responsible for a decline by your card issuer or for fees your card issuer may charge you.

We may change prices at any time. A price change becomes effective towards you only from the next billing period and will be notified to you by e-mail at least 30 days in advance. If you do not agree with the change, cancel your subscription before it takes effect; by continuing after the change takes effect, you accept the new price.

If a payment fails, we will ask you to remedy it and provide a period of 14 days. During the default, we may limit or suspend access to the Paid Plan, including interruption of running generations and automations; after the period expires without remedy, we may terminate the subscription. We are not liable for loss of data or interrupted tasks resulting from suspension for non-payment. The obligation to pay outstanding amounts survives suspension or termination; in the event of recovery proceedings, you will reimburse our reasonably incurred recovery costs.

Fees do not include taxes; these will be added in accordance with applicable law. If you are required to withhold any tax, the fees shall be increased so that we receive the full amount.

Purchases made through an app store or another distributor are additionally governed by that distributor's terms, including its rules for payments, cancellations and refunds.

Consumption of the Service is measured in Credits. Credits are prepaid consumption of the Service; they are not electronic money, a voucher or a security, have no monetary value, are not exchangeable for cash (except where required by law), are not transferable between accounts or Workspaces and cannot be retroactively reloaded.

Credits included in a subscription ("Subscription Credits") are allocated for each billing period. Unused Subscription Credits expire at the end of the billing period without compensation and do not roll over to the next period.

Credits purchased on a one-off basis ("Add-on Credits") are valid for 365 days from purchase; unused Add-on Credits expire at the end of that period without compensation. Unless stated otherwise, Subscription Credits are consumed first, then Add-on Credits.

Promotional or bonus credits may have their own conditions and expiry set at the time of grant; they have no monetary value and no legal entitlement arises to them.

Credit consumption is metered by our systems. Kinema's records of consumption are the authoritative basis for billing. We continuously display your current balance and consumption history in the Service interface. Consumption rates (how many Credits individual operations cost) vary by type of operation, model used, quality, length and other generation parameters; current rates are stated in the Service interface or in the price list. We may change consumption rates at any time, including in response to changes in the pricing and availability of third-party models and infrastructure (Article 13); a change of rates applies prospectively only and does not affect operations already performed.

We may set and change limits on the use of the Service, in particular limits on the number of requests, concurrency, file size, computing capacity and storage. We may enforce limits by technical means (rate limiting, queuing, temporary suspension). Circumventing limits, including by creating multiple accounts or distributing requests across accounts, is a material breach of these Terms.

Upon termination of the account or of the Service, unused Credits expire, unless mandatory law provides otherwise. Upon termination due to your breach of the Terms, all Credits are forfeited without compensation to the maximum extent permitted by law.

If you are a Consumer, you have the right to withdraw from the contract without giving a reason within 14 days of its conclusion (for a subscription, from the day of the order).

Extinction of the right of withdrawal. Upon registration, and in any event before your first consumption of the Service, you expressly request that the provision of the Service begin before the expiry of the withdrawal period, and you acknowledge and confirm that your right of withdrawal is extinguished at the moment consumption begins (in particular upon the first generation of an Output or the first consumption of a Credit), in accordance with Section 1837 of Act No. 89/2012 Coll., the Czech Civil Code. If you withdraw after performance has begun at your request but before it has been fully provided, you shall pay a proportionate part of the price for the performance provided up to the moment of withdrawal, including the value of Credits consumed.

Send your withdrawal to us by an unequivocal statement to support@kinemalab.ai or by post to the address of our registered office. You may use the model form annexed to these Terms; its use is not mandatory. We will confirm receipt of the withdrawal without undue delay.

In the event of a valid withdrawal, we will refund the payments received (less the proportionate part under Article 7.2) without undue delay and no later than within 14 days, using the same means of payment you used.

Beyond the statutory right of withdrawal, we do not provide any further refunds. Fees are non-refundable to the maximum extent permitted by law; in particular, no pro-rata refunds are provided for unused portions of a subscription and no refunds are provided for consumed or expired Credits.

Ownership. Kinema does not claim ownership of Your Content. Subject to these Terms, applicable law and third-party rights, you own the rights to your Inputs and — to the extent set out in Articles 8.5 and 8.6 — to Outputs.

Your responsibility. You are solely responsible for Your Content. By submitting content to the Service you represent and warrant that (a) you hold all rights, consents and permissions necessary for its use in the Service and for granting the licences under these Terms, (b) where Your Content contains the name, likeness, voice or other identifiable attributes of any person, you have obtained all necessary consents from that person, and (c) Your Content and its intended use do not infringe third-party rights or applicable law. Kinema does not review the legal soundness of Inputs or Outputs; conducting any legal clearance before using an Output is solely your obligation.

Licence to Kinema. You grant Kinema a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, modify and process Your Content to the extent necessary to provide, operate, secure and improve the Service, to comply with legal obligations and to enforce these Terms, with the right to sublicense to our subcontractors to the extent necessary to provide the Service. The licence lasts for as long as Your Content is stored in the Service and, to the extent of backups and legal obligations, after its deletion.

No training. Kinema does not use Your Content to train or fine-tune its AI models. From the providers of AI models orchestrated by the Service (Article 13) we contractually require that data transferred in the course of providing the Service not be used to train their models, and we select providers who commit to this. However, we cannot control or guarantee compliance with this commitment by third parties; our responsibility in this respect is limited to exercising professional care in selecting providers and agreeing appropriate contractual terms. We may use anonymised and aggregated usage data for analytics, security and the development of the Service; such data is not Your Content.

Outputs — Paid Plans. To the extent any rights in Outputs arise in our favour, we assign them to you, or grant you a non-exclusive, worldwide, perpetual licence to use Outputs created under a Paid Plan, including for commercial purposes. These rights to Outputs already created and exported survive the termination of your subscription or account, except in the case of termination for your breach of the Terms under Article 17.5.

Outputs — Free Plan. You may use Outputs created under the Free Plan solely for personal, non-commercial and evaluation purposes. You must not sell, sublicense, monetise or use Free Plan Outputs in the course of business, advertising, client work or any other revenue-generating activity. This licence is revocable.

Script. The content of a Script (text, dialogue, scene descriptions) is Your Content under this Article. The structure, schema and format of the Script, including the JSON data model, are Kinema's intellectual property; you must not use them outside the Service to develop competing products, nor provide them to third parties for that purpose, without our consent.

Nature of AI Outputs. You acknowledge that Outputs are created by probabilistic AI models and therefore: (a) they may not correspond to your intent, brief, expectations or aesthetic requirements; (b) they may contain errors, inaccuracies, artefacts, fabricated information or elements that may be misleading; (c) they are not unique — other users may independently create similar or identical outputs, and similarity gives you no exclusive rights; (d) they do not constitute professional advice and are no substitute for consultation with a qualified professional. You must review every Output before use and verify its suitability, accuracy and legal soundness for the intended purpose. The subject of Kinema's performance is making tools for AI video production available, not the achievement of any particular content-related or aesthetic result.

Content storage. We have no obligation to store, back up or keep Your Content available, except as expressly provided in Article 17. We may set reasonable limits on storage, file sizes and retention periods, including moving older content to slower-access storage. You are responsible for maintaining your own copies of Outputs that matter to you.

AI transparency. Where applicable law requires you to disclose content as AI-generated or AI-manipulated to your audience, you must do so; this obligation is solely yours. You must not present an Output as human-created content if it is not.

Feedback. If you provide us with ideas, comments or suggestions concerning the Service, we may use them without restriction, attribution or compensation for any purpose. Feedback is not confidential.

Stock AI Actors. Kinema declares that it holds licences to the likenesses and voices of the stock AI Actors made available in the Service. This declaration does not establish any warranty or liability of Kinema for your specific use of Outputs featuring stock AI Actors, nor any indemnification obligation; assessing the suitability and legal soundness of a specific use is your responsibility.

Custom AI Actors. If you create a custom AI Actor from recordings of a likeness or voice, a separate express consent to the processing of such data is required, granted in the product separately from the acceptance of these Terms; the consent may be withdrawn at any time as described in the Privacy Policy. If you upload the likeness or voice of another person, you represent and warrant that you have obtained from them all consents and permissions required by law, and you will provide evidence of them upon request.

You must not use any AI Actor (stock or custom) to: (a) create content that is unlawful, defamatory, hateful, harassing or pornographic; (b) depict or sexualise minors; (c) deceptively impersonate another person; (d) create deepfake content capable of causing real-world harm or serious reputational damage. Submitting documentation of rights to content does not guarantee that the content will be approved or retained in the Service; the moderation rights under Article 14 remain unaffected.

You must not use the Service to uniquely identify, verify or authenticate persons, nor submit biometric templates or identifiers (fingerprints, iris scans, etc.). This does not prevent the uploading of photographs, videos and voice recordings for features that work with them, under the conditions of Article 9.2.

We use Brand Documents solely to provide the Service to you (in particular to customise Outputs to your brand). We treat them as confidential, do not make them available to third parties other than our subcontractors bound by confidentiality, and do not use them to train AI models (Article 8.4).

You represent that you are entitled to submit the Brand Documents to the Service and to use them for the described purpose.

You must not use the Service in a manner that violates these Terms, the AUP or applicable law. In particular, you must not:

submit or create content that is unlawful, threatening, harassing, defamatory, deceptive, hateful, pornographic, invasive of privacy or third-party rights, or content promoting violence, self-harm or criminal activity;

harm minors in any way;

present AI-generated content as human-created;

use the Service, Outputs or data derived from them to develop, train, fine-tune or improve any AI model, machine learning system or competing product or service;

reverse engineer, decompile or disassemble the Service or its models, except to the extent mandatorily permitted by law;

use robots, scrapers or other automated means to mine data from the Service or access the Service contrary to machine-readable instructions;

circumvent, disable or defeat security measures, content filters, usage limits or moderation mechanisms, including prompt injection and "jailbreaking" techniques;

disrupt the operation of the Service, introduce malicious code, overload it or interfere with its use by others;

impersonate another person or a representative of Kinema;

resell, rent, sublicense or otherwise commercially exploit the Service as such, or provide third parties with access to it;

remove, obscure or alter rights notices, watermarks, metadata or other markings with which Kinema marks the Service or Outputs;

enable or assist anyone in the conduct described in this Article.

A breach of this Article is a material breach of the Terms. We may report serious breaches to law enforcement authorities, including the transfer of related account data.

All rights in the Service — in particular in the software, AI agents and production workflow, format templates, user interfaces, design, data models (including the Script schema), documentation, Licensed Content and trademarks — belong to Kinema and its licensors. Your Content is not affected by this.

We grant you a limited, non-exclusive, non-transferable and revocable licence to use the Service for the duration of your entitlement under these Terms. No other rights arise in your favour, whether by implication or otherwise.

Rights to Outputs containing Licensed Content are limited by the licence terms applicable to such content; you do not acquire exclusivity over Licensed Content or its AI variants.

You must not use Kinema's names, logos or trademarks without our prior written consent, except to truthfully identify Kinema as the source of the Service.

The Service orchestrates third-party AI models and infrastructure. The specific models, their versions and features may change over time. We may at any time add, change, replace or remove any model or feature, provided that the Service retains substantially similar overall functionality. A change, replacement or addition of a model may be accompanied by a change in Credit consumption rates under Article 6.5. Do not rely on the continued availability of any particular model or on the permanence of rates for a particular model; a change or replacement of a model, or an associated change of rates, does not of itself constitute a defect in performance.

If you use a feature powered by a third-party model, you must also comply with the acceptable use terms of that provider; where they are more restrictive than these Terms, the more restrictive rules apply to the given feature.

The quality of Outputs, generation speed, latency and availability of the Service may be affected by the performance and availability of third-party infrastructure. We do not guarantee any particular generation speed or processing time; any estimates given are indicative only.

The Service may link to third-party websites, applications and services. They are not under our control, we are not responsible for them, and your use of them is at your own risk and governed by their terms.

We are entitled, but not obliged, to monitor and filter the Service and content in it, including Your Content and Outputs, including by automated means, for the purposes of compliance with these Terms, security and legal obligations.

We are entitled to remove or refuse to process any content that we reasonably believe violates these Terms, the AUP or applicable law, infringes third-party rights, or may cause harm to users, third parties or Kinema; in urgent cases without prior notice.

Non-consensual intimate imagery. Intimate depictions of a person made available without their consent are prohibited. A person depicted without consent (or their representative) may request removal at support@kinemalab.ai with information enabling identification of the content; validly reported content will be removed within 48 hours.

We are entitled to disclose information about you and Your Content where we believe in good faith that this is necessary to comply with legal obligations, respond to a request of a public authority, enforce these Terms, respond to claims of infringement of third-party rights, or protect the rights, property and safety of Kinema, its users or the public.

If you believe that content in the Service infringes your copyright or other rights, notify us at support@kinemalab.ai, identifying the work, the location of the infringing content, your contact details, a statement of good faith and a statement of the accuracy of the information and of your authority to act for the rights holder. We terminate the accounts of repeat infringers.

If you are a Consumer, you have the rights arising from defective performance of digital content and digital content services under Sections 2389a et seq. of the Czech Civil Code. For a Service provided on a continuous basis, we are responsible for it being provided without defects throughout the duration of the obligation. Notify defects without undue delay at support@kinemalab.ai; you have the right to have the defect remedied, to a reasonable discount or — if the defect cannot be remedied — to withdraw.

The subject of performance is making the tools of the Service available and operating them (Article 8.8). The characteristics of Outputs described in Article 8.8 — in particular non-conformity with expectations, errors, artefacts and non-uniqueness — are a property of AI technology of which you have been informed and which you have acknowledged, and do not constitute a defect in performance.

We perform updates to the Service to the extent necessary to maintain its conformity with the contract and legal regulations; updates addressing security risks may be performed automatically.

This Article does not apply to Business Users. Towards Business Users, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, to the maximum extent permitted by law; the Business User waives rights arising from defective performance to the extent such waiver is legally permissible.

Common provisions. Nothing in these Terms limits liability that cannot be limited by law, in particular liability for harm caused intentionally or by gross negligence and for harm to natural rights of a person.

Consumers. Towards Consumers, we are liable to the extent provided by law. You acknowledge, however, the provisions of Articles 8.8 and 15.2 on the nature of the performance and Article 8.9 on content storage; in particular, failure to achieve an expected creative result, and loss of content that you failed to back up contrary to Article 8.9, do not constitute damage.

Business Users — exclusion of indirect damages. Towards Business Users, we are not liable for loss of profit, loss of revenue, business opportunities, data or goodwill, or for any indirect, consequential or punitive harm, regardless of the legal basis and of whether we were advised of the possibility of such harm.

Business Users — cap. Kinema's total aggregate liability towards a Business User for all claims connected with the Service is limited to an amount equal to the fees paid to us by the Business User during the 6 months immediately preceding the event giving rise to the claim. The existence of multiple claims does not increase this limit. The parties declare that this limitation reflects the allocation of risks taken into account in the price of the Service.

Indemnification (Business Users). The Business User shall indemnify and hold harmless Kinema, its shareholders, governing bodies, employees and suppliers from and against all third-party claims, damages, fines, costs and expenses (including reasonably incurred legal fees) arising in connection with (a) its content or use of Outputs, (b) breach of these Terms or applicable law, (c) infringement of third-party rights, or (d) its disputes with third parties connected with the use of the Service. Kinema may assume, at its own cost, the exclusive defence; the Business User shall provide full cooperation and shall not settle without our consent.

Force majeure. We are not liable for delay or failure to perform obligations caused by circumstances beyond our reasonable control, in particular natural events, war, cyber-attacks, outages of the internet, energy or infrastructure, and the failure or unavailability of third-party models and services.

The contract is concluded for an indefinite period and lasts for as long as you use the Service, unless terminated in accordance with these Terms.

You may stop using the Service at any time and delete your account in the settings or by contacting support. Termination of a subscription is governed by Articles 5.2 and 7.

We are entitled to suspend or terminate your access to the Service, or to terminate the contract with immediate effect and without prior notice, if (a) you materially or repeatedly breach these Terms, the AUP or supplemental terms, (b) it is necessary to avert harm or liability of Kinema, users or third parties, to protect the security and integrity of the Service, or to comply with a legal obligation, or (c) it is required by a decision of a public authority. In other cases, we will provide reasonable notice before termination and, where appropriate, an opportunity to remedy.

We may terminate the contract with a User who is not on a Paid Plan without cause, with a 30-day notice period communicated by e-mail.

If we terminate the contract for your breach of the Terms: fees paid are non-refundable and all Credits are forfeited (Article 6.7), to the maximum extent permitted by law; the licence under Article 8.5 to further use of Outputs terminates, and you must cease further use of the Outputs and remove them from systems under your control if we request this for the protection of third-party rights; you may not register again (Article 3.6).

Data retention. After account deletion, we retain Your Content for 60 days (the "Retention Period"). During the Retention Period, the account may be restored upon request. Upon expiry of the Retention Period, Your Content is permanently deleted from our active systems and cannot be recovered; this does not affect data we are required to retain by law, anonymised and aggregated data, and billing records. You may export your Outputs before deleting your account; after the Retention Period, export is not possible.

Provisions which by their nature are intended to survive the termination of the contract — in particular the licences granted to Kinema, provisions on intellectual property, payments, liability, indemnification and governing law — remain in force.

We may amend these Terms, in particular due to changes to the Service, legal regulations, security or the prevention of abuse.

Non-material changes (corrections, clarifications, changes required by law) take effect upon publication, with the date of the last update revised accordingly.

Material changes — in particular changes to prices, licences, the scope of your rights or dispute resolution — will be notified to you by e-mail and in the product at least 30 days before they take effect. Material changes become effective towards you upon your acceptance in the product; pending acceptance, we may condition further use of the Service on their acceptance. If you do not agree, you may terminate the contract before the change takes effect; you will complete any prepaid period under the existing terms.

These Terms and the relationships arising from them are governed by the law of the Czech Republic, excluding its conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

The courts of the Czech Republic have jurisdiction to resolve disputes; in relations with Business Users, the court with local jurisdiction is the court of Kinema's registered office.

If the User is a Consumer habitually resident in another state, the choice of law does not affect the mandatory consumer protection provisions of the law of the state of their habitual residence, nor their right to sue in the courts of that state where this follows from legal regulations.

Out-of-court dispute resolution. A Consumer is entitled to submit a proposal for out-of-court resolution of a consumer dispute to the Czech Trade Inspection Authority (www.coi.cz) and to use the online dispute resolution platform operated by the European Commission (ec.europa.eu/consumers/odr). We recommend contacting our support first; we resolve most matters directly.

These Terms, together with the documents under Article 1.2, constitute the entire agreement of the parties concerning the use of the Service and supersede all prior arrangements on the same subject.

If any provision is or becomes invalid, unenforceable or ostensible, it shall be replaced by a provision whose meaning comes as close to it as possible; the validity of the remaining provisions is not affected.

A failure to exercise a right under these Terms does not constitute a waiver of it. You may not assign or transfer rights and obligations under these Terms without our prior written consent; Kinema may assign the contract in connection with a merger, acquisition, reorganisation or transfer of an enterprise, to which you hereby consent.

Communication takes place electronically. You agree that notices sent to the e-mail address associated with your account or displayed in the product satisfy any written form requirement. You are responsible for maintaining a valid e-mail address; dispatch to the last known address constitutes effective delivery.

These Terms are executed in Czech and English. For Consumers habitually resident in the Czech Republic, the Czech version is authoritative; in all other cases, the English version prevails in the event of a discrepancy.

These Terms do not establish any third-party rights and do not create a partnership, agency or employment relationship between the parties.