Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Hakanda ("Company," "we," "our," or "us") governing your access to and use of the Cinevido platform, including all associated websites, applications, and services (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

We reserve the right to modify these Terms at any time. Material changes will be communicated through the Service or via email. Your continued use of the Service following such notification constitutes acceptance of the modified Terms.

2. Definitions

For the purposes of these Terms:

• "Service" refers to the Cinevido platform and all related features, tools, and functionalities.
• "User Content" means any images, videos, 3D models, prompts, text, or other materials you create, upload, or generate through the Service.
• "API Key" refers to authentication credentials for third-party AI services, including fal.ai.
• "BYOK" (Bring Your Own Key) refers to our model where users provide their own API keys for AI services.
• "Subscription" refers to your purchased access to the Service.

3. Description of Service

Cinevido is an AI-powered creative studio that enables users to generate, edit, and transform images, videos, and 3D models using various artificial intelligence models. The Service operates on a BYOK (Bring Your Own Key) model, wherein users provide their own API keys from supported AI service providers, primarily fal.ai.

The Service provides the interface and tools for interacting with AI models, but the actual AI processing is performed by third-party providers. We do not guarantee specific results, output quality, or availability of any particular AI model.

4. Eligibility

To use the Service, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction;
• Have the legal capacity to enter into binding contracts;
• Not be prohibited from using the Service under applicable laws;
• Provide accurate and complete registration information.

By using the Service, you represent and warrant that you meet all eligibility requirements.

5. Account Registration and Security

You must register for an account to access the Service. You agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your account information;
• Maintain the security and confidentiality of your login credentials;
• Accept responsibility for all activities that occur under your account;
• Immediately notify us of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used for fraudulent or unauthorized purposes.

6. BYOK Model and API Usage

The Service operates on a Bring Your Own Key (BYOK) model. You acknowledge and agree that:

• You are responsible for obtaining and maintaining valid API keys from supported providers (e.g., fal.ai);
• All API usage costs incurred through your API key are your sole responsibility;
• You must comply with the terms of service of all third-party API providers;
• We encrypt and securely store your API keys but are not liable for unauthorized access resulting from your failure to maintain key security;
• We do not monitor or control the content processed through third-party APIs and are not responsible for their outputs.

You are solely responsible for monitoring your API usage and associated costs with third-party providers. We do not provide refunds for API costs incurred.

7. Fees and Payment

Access to the Service requires a one-time payment of €149 for lifetime access ("Lifetime License"). This payment grants you perpetual access to the Service as it exists and as updated, subject to these Terms.

Payment is processed by Stripe, Inc. By making a payment, you agree to Stripe's terms of service and authorize us to charge your designated payment method.

Refund Policy: Due to the digital nature of the Service and immediate access granted upon purchase, all sales are final. No refunds will be provided except where required by applicable law. In such cases, refund requests must be submitted within 14 days of purchase.

The Lifetime License fee does not include any API costs incurred through third-party providers, which remain your sole responsibility under the BYOK model.

8. Acceptable Use Policy

You agree not to use the Service to:

• Generate, upload, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
• Create content that infringes upon intellectual property rights of third parties;
• Generate deepfakes or synthetic media intended to deceive, defraud, or harm individuals;
• Create content depicting minors in any inappropriate context;
• Attempt to reverse engineer, decompile, or disassemble any part of the Service;
• Circumvent any access controls or usage limitations;
• Use automated systems or bots to access the Service without authorization;
• Interfere with or disrupt the integrity or performance of the Service;
• Violate any applicable local, national, or international law or regulation.

We reserve the right to remove any content and suspend or terminate accounts that violate this Acceptable Use Policy without prior notice.

9. Intellectual Property Rights

9.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, and underlying technology, is owned by Hakanda and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service or included software.

9.2 Your Content

You retain ownership of User Content you create through the Service, subject to the terms of the underlying AI model providers. You are responsible for ensuring you have the necessary rights to any input content (images, text, etc.) you provide to the Service.

By using the Service, you grant us a limited, non-exclusive license to store, process, and display your User Content solely for the purpose of providing the Service to you.

10. User-Generated Content

You are solely responsible for all User Content you create, upload, or generate through the Service. You represent and warrant that:

• You own or have the necessary rights to use all input content;
• Your User Content does not infringe any third-party rights;
• Your User Content complies with all applicable laws and these Terms;
• You will not use AI-generated content to impersonate real individuals without their consent.

We do not claim ownership of your User Content and do not use it for training AI models or any purpose other than providing the Service to you.

11. Third-Party Services

The Service integrates with third-party services, including but not limited to:

• fal.ai: AI model processing and generation
• Stripe: Payment processing
• Bunny CDN: Content storage and delivery

Your use of these third-party services is governed by their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or practices of these third-party services.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will meet your specific requirements;
• The Service will be uninterrupted, timely, secure, or error-free;
• AI-generated outputs will be accurate, complete, or suitable for any purpose;
• Any defects in the Service will be corrected.

AI-generated content may contain errors, inaccuracies, or unintended outputs. You are solely responsible for reviewing and using any AI-generated content appropriately.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HAKANDA, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service;
• Unauthorized access, use, or alteration of your transmissions or content;
• Costs incurred through third-party API usage.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR €149, WHICHEVER IS GREATER.

14. Indemnification

You agree to defend, indemnify, and hold harmless Hakanda, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property rights; (d) any claim that your User Content caused damage to a third party; or (e) your violation of any applicable law or regulation.

15. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination:

• Your right to use the Service will immediately cease;
• We may delete your account and all associated data;
• Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

You may terminate your account at any time by contacting us. No refunds will be provided for the Lifetime License upon voluntary termination.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or your use of the Service shall be brought exclusively in the courts located in Istanbul, Turkey, and you hereby consent to the personal jurisdiction and venue of such courts.

17. Dispute Resolution

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at legal@hakanda.com. We will attempt to resolve the dispute through good-faith negotiations within thirty (30) days.

If the dispute cannot be resolved informally, either party may pursue resolution through the courts of Istanbul, Turkey, as specified in Section 16.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Hakanda regarding your use of the Service. These Terms supersede any prior agreements, communications, or understandings, whether oral or written, between you and us regarding such subject matter.

20. Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Hakanda.

21. Contact Information

If you have any questions about these Terms, please contact us: