Terms of use

1. Definitions

1.1 For the purposes of these Terms of Service (the “Terms”), the following terms shall have the meaning set out below:

“Account”: refers to the personal space created by the User on the Platform, enabling access to the Services.
“Credits”: refers to the units allowing the User to access certain features of the Services. Credits have no monetary or exchange value and constitute rights of access to Services.
“Inputs”: refers to any data, content, material, or information (including but not limited to text, images, audio, and video) uploaded, submitted, or otherwise provided by the User through the Platform for the purpose of generating Outputs.
“Outputs”: refers to any content generated by the Services based on the Inputs.
“Parties”: refers collectively to Kinetix and the User.
“Platform”: refers to the online platform operated by Kinetix enabling the User to generate and edit videos through artificial intelligence, accessible via the website.
“Privacy Policy”: refers to Kinetix’s privacy policy applicable to the processing of personal data of Users, accessible on the Platform.
“Services”: refers to all services offered by Kinetix through the Platform, including without limitation access to AI-based video generation and editing features, content creation tools, and any associated functionalities.
“User”: refers to any natural person or legal entity accessing or using the Platform and Services, whether acting in a professional or non-professional capacity.

2. Purpose

2.1 The purpose of these Terms is to define the terms and conditions governing:
- the access to and use of the Platform and the Services by the User; and
- the rights and obligations of the Parties in this context.

2.2 These Terms form a binding agreement between Kinetix and the User and prevail over any other document, unless expressly agreed otherwise in writing by Kinetix. They supersede all previous communications, commitments or agreements, oral or written, relating to the subject matter hereof.

3. Acceptance and Modification of the Terms

3.1 Acceptance
Access to and use of the Services are subject to the User’s full and unconditional acceptance of these Terms. By creating an Account and ticking the box “I accept the Terms of Service”, the User acknowledges having read, understood, and accepted these Terms without reservation.

Users under the age of sixteen (16) are not permitted to use the Services. By accepting these Terms, the User represents and warrants that they are at least sixteen (16) years old and have the legal capacity to enter into this agreement. If the User acts on behalf of a legal entity, the User represents and warrants that they are authorized to bind said entity.

3.2 Modification of the Terms
Kinetix reserves the right to amend these Terms at any time, in order to reflect the evolution of the Services or legal requirements. The User will be notified of any material modification by any appropriate means, including via their Account or by email.

The amended Terms shall enter into force fifteen (15) days after such notification, unless the User terminates their Account prior to the effective date of the amended Terms. Continued access or use of the Services after this period shall constitute acceptance of the amended Terms.

4. Access to the Platform and Services

4.1 The Platform is accessible to the User through the website subject to compliance with these Terms.

4.2 The User acknowledges having the necessary technical means and competence to access and use the Platform. The User is responsible for ensuring that their equipment, software, and internet connection are compatible with the requirements of the Platform.

4.3 Kinetix shall use its best efforts to ensure access to the Platform and Services 24 hours a day, 7 days a week. However, access may be suspended, limited, or interrupted at any time for maintenance, updates, or in the event of circumstances beyond Kinetix’s control, without Kinetix incurring liability.

4.4 Kinetix may modify the Platform and Services at any time to improve functionality, security, compliance, or user experience, without this constituting a modification of the essential characteristics of the Services.

5. Account Use and Security

5.1 To access the Services, the User must create an Account by providing accurate, complete, and up-to-date information. The User undertakes to update such information as necessary to ensure its continued accuracy.

5.2 The User is responsible for maintaining the confidentiality and security of their login credentials and shall remain solely responsible for all actions carried out through their Account. Any access or use of the Platform using the User’s credentials shall be deemed made by the User.

5.3 In the event of unauthorized access or suspected breach of security, the User shall immediately notify Kinetix. Kinetix shall not be liable for any loss or damage arising from unauthorized access to the Account resulting from the User’s failure to comply with this obligation.

6. Credits, Subscriptions, and Financial Terms

6.1 Credits Allocation and Use
Upon creation of an Account, the User receives a one-time allocation of Credits. Credits allow the User to access certain features of the Services. Credits have no monetary or intrinsic value, are not redeemable for cash, and do not constitute electronic money or a digital asset.

Credits may be purchased separately by the User or granted as part of a subscription. Credits are deducted upon use of certain Services, as indicated on the Platform.

“Credits granted as part of a subscription plan (“Plan Credits”) expire automatically at the end of the corresponding billing cycle and cannot be carried over to subsequent cycles. Credits purchased separately (“Pack Credits”) remain valid until used and do not expire.”

Unless otherwise stated on the Platform, Credits are non-refundable, including in the event of termination of the Account, and may not be transferred or assigned to third parties.
Unless otherwise stated on the Platform, Credits are non-refundable, including in the event of termination of the Account, and may not be transferred or assigned to third parties.

6.2 Subscriptions
Certain Services may require a paid subscription. The applicable subscription fees, duration, and terms of access are displayed on the Platform at the time of subscription.

Subscriptions are billed in advance and automatically renew for successive periods of the same duration, unless cancelled by the User in accordance with the instructions set out on the Platform. No refunds shall be issued for partial periods of use.

6.3 No Right of Withdrawal
By subscribing to the Services, the User expressly requests immediate performance of the Services and expressly waives any applicable right of withdrawal in accordance with consumer protection legislation on the supply of digital content or digital services.

6.4 Prices and Payment
All prices are indicated on the Platform and may be modified at any time. Any modification of subscription fees shall apply upon the next renewal date.

Payments shall be made by the methods accepted on the Platform. The User authorizes Kinetix or its payment providers to charge all fees due in connection with the Services.

Amounts not paid when due shall bear late payment interest at a rate equal to three (3) times the legal interest rate, without prejudice to any damages Kinetix may seek.

Taxes applicable to the Services, including VAT where required, shall be borne by the User.

7. Use of the Services and User Obligations

7.1 The User undertakes to use the Platform and Services in accordance with their purpose, these Terms, and applicable laws.

7.2 In particular, the User undertakes not to:
- interfere with or disrupt the proper functioning of the Platform or its security measures;
- attempt to copy, reproduce, extract, modify, decompile, or reverse engineer any component of the Platform;
- use the Services to develop, train, or improve an artificial intelligence model competitive with Kinetix;
- assign, sublicense, or make the Services available to third parties without authorization.

7.3 The User is solely responsible for their use of the Services, including any content uploaded or generated, and shall ensure such use is lawful and compliant with third-party rights.

8. User Inputs and Outputs

8.1 Ownership
The User retains all intellectual property rights over the Inputs and the Outputs. Subject to compliance with these Terms, the User may use the Outputs for commercial purposes.

8.2 License Granted to Kinetix
By submitting Inputs and generating Outputs, the User grants Kinetix a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, transferable and sublicensable license to host, store, reproduce, process, and use the Inputs and Outputs strictly for the purposes of:
- the provision, operation, maintenance, and improvement of the Services;
- the development and training of artificial intelligence models, algorithms, and related technologies;
- safety, security, prevention of unlawful use, and compliance with legal or regulatory requirements.

For clarity, Kinetix shall not use Inputs or Outputs for marketing or promotional purposes without the User’s explicit consent.

8.3 Public Visibility
Certain features may allow the User to make Outputs publicly visible. No Output shall be made public without an explicit action or consent of the User. If the User chooses to publish Outputs publicly, they grant Kinetix a right to host, display, and share the Outputs solely for the operation of such public features.

9. Intellectual Property

9.1 Rights of Kinetix
Kinetix is and remains the sole holder of all intellectual property rights relating to the Platform and the Services, including but not limited to all software, interfaces, databases, structures, models (including artificial intelligence models), algorithms, features, designs, texts, images, trademarks, logos, domain names, and any other elements created or provided by Kinetix (the “Kinetix Elements”).

No right, title, or interest in the Kinetix Elements is transferred to the User under these Terms. Only a personal, non-exclusive, non-transferable, non-sublicensable right of access and use of the Platform and Services is granted to the User for the duration of the contractual relationship, and strictly in accordance with these Terms.

The User shall refrain from directly or indirectly infringing the intellectual property rights of Kinetix and shall not, in particular:
- copy, reproduce, distribute, modify, adapt, translate or create derivative works of the Kinetix Elements;
- extract or reuse, for any purpose, any part of the Platform’s databases;
- remove or alter any ownership or identification marks relating to the Kinetix Elements.

9.2 Rights of the User over Inputs and Outputs
The User retains all intellectual property rights over the Inputs and the Outputs. Subject to the User’s compliance with these Terms, the User may exploit the Outputs for any purpose, including commercial use.

9.3 License Granted to Kinetix
By submitting Inputs and generating Outputs, the User grants Kinetix a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, transferable and sublicensable license to host, store, reproduce, process, and use the Inputs and Outputs strictly for the purposes of:
- the provision, operation, maintenance, and improvement of the Services;
- the development and training of artificial intelligence models, algorithms, and related technologies;
- safety, security, prevention of unlawful use, and compliance with legal or regulatory requirements.

For clarity, Kinetix shall not use Inputs or Outputs for marketing or promotional purposes without the User’s explicit consent.

10. Confidentiality

Each Party undertakes to treat as strictly confidential all information of any nature, whether technical, commercial, strategic or financial, communicated by the other Party for the purposes of the performance of these Terms ("Confidential Information").

The receiving Party shall refrain from disclosing Confidential Information to any third party without the prior written authorization of the disclosing Party and shall use such Confidential Information solely for the performance of these Terms.

This obligation of confidentiality shall remain in force for a period of five (5) years after the termination or expiry of these Terms.

The confidentiality obligation shall not apply to information which:
(a) was already known by the receiving Party without obligation of confidentiality;
(b) was publicly available at the time of disclosure or becomes so after disclosure without breach of these Terms;
(c) was lawfully received from a third party without confidentiality obligation;
(d) must be disclosed pursuant to a legal or regulatory obligation or a court or administrative order, provided that the receiving Party informs the disclosing Party, unless legally prohibited.

11. Responsibilities and Liability

11.1 General Provisions
The User acknowledges that the use of the Platform and the Services is carried out under their sole responsibility.

Kinetix provides the Services on an “as is” and “as available” basis and shall not be held liable for any lack of availability, interruption, malfunction, error, or absence of suitability of the Services for the User’s needs.

11.2 Limitations of Liability
Under no circumstances shall Kinetix be liable for indirect damages of any nature suffered by the User, including but not limited to loss of profits, loss of revenue, loss of data, loss of customers, commercial harm, or reputational damage.

In any event, the total and cumulative liability of Kinetix shall be limited, for all causes combined, to the total amount paid by the User to Kinetix during the twelve (12) months preceding the occurrence of the event giving rise to liability, or one hundred euros (€100), whichever is higher.

11.3 User Warranties and Indemnification
The User guarantees Kinetix against any claim, action or proceeding initiated by third parties due to the User’s breach of these Terms or infringement of third-party rights arising from the Inputs, Outputs or the User’s use of the Services.

12. Suspension and Termination

Kinetix may suspend or limit access to the Services, without liability, in the event of:
(a) suspected fraudulent, abusive, or unlawful use;
(b) breach of these Terms by the User;
(c) threat to the security, integrity, or functioning of the Platform.

In the event of a serious breach by the User of their obligations under these Terms, not remedied within seven (7) days of written notice, Kinetix may terminate the contractual relationship.

The User may terminate their Account at any time. Termination shall not give rise to any refund of amounts paid or Credits remaining.

Upon termination, the User’s right to access and use the Services shall cease. Sections intended to survive termination shall remain in effect, including but not limited to confidentiality, intellectual property, licenses, and liability.

13. Personal Data

The processing of personal data by Kinetix in connection with the provision of the Services is governed by the Privacy Policy, which forms an integral part of these Terms. The Privacy Policy describes how Kinetix collects, uses, stores, and protects Users’ personal data in compliance with the GDPR and other applicable data protection laws.

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14. Force Majeure

Neither Party shall be liable for the failure to perform its obligations due to an event of force majeure as defined by Article 1218 of the French Civil Code and applicable case law.

In the event of a force majeure event lasting more than thirty (30) consecutive days, either Party may terminate the Terms without compensation, by written notification to the other Party.

15. Miscellaneous

15.1 Hyperlinks
The Platform may include hyperlinks to third-party websites. Kinetix shall not be held liable for the content, products, services, or any other element of such websites. Any hyperlink to the Platform requires the prior written consent of Kinetix.

15.2 Severability
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force.

15.3 Waiver
The failure of Kinetix to enforce any provision of these Terms shall not be construed as a waiver of such provision or of the right to enforce it subsequently.

15.4 Agreement on Proof
The Parties agree that the electronic records and logs generated through the Platform shall constitute valid evidence between them.

15.5 Independence of the Parties
The Parties are independent contractors. Nothing herein shall be construed as creating a partnership, joint venture, agency, or employment relationship.

15.6 Applicable Law and Jurisdiction
These Terms are governed by French law. Any dispute relating to their formation, performance, interpretation, or termination shall fall within the exclusive jurisdiction of the competent courts of Paris, notwithstanding multiple defendants or third-party claims.

15.7 Language
These Terms may be translated for convenience. In the event of contradiction, the English version shall prevail.