Terms of Service

3.1 Description.

Martini is a cloud-based AI filmmaking platform that provides professional cinematographic tools, including virtual camera controls, shot composition, and post-production features, layered on top of multiple third-party generative AI models for image and video creation (each a “Third-Party AI Model”). The Service allows you to submit prompts, reference materials, and creative parameters (“Inputs”) and receive AI-generated images, videos, and other media (“Outputs”). Inputs and Outputs are collectively referred to as “Customer Content.”

3.2 Account Registration.

To access the Service, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately if you suspect unauthorized access to your account.

3.3 Modifications to the Service.

We may modify, update, or discontinue any feature of the Service at any time. We will use commercially reasonable efforts to provide advance notice of material changes. We have no obligation to maintain any particular feature or functionality.

4.1 Subscriptions.

Access to the Service requires a paid subscription plan as described on our pricing page. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. We will charge the payment method on file for each renewal period.

4.2 Olive Credits.

Certain features of the Service, including AI image and video generation, require usage credits called “Olives.” Olives may be included with your subscription plan or purchased separately. Olives are non-transferable, non-refundable, and have no cash value. We reserve the right to modify the pricing, exchange rate, or consumption rate of Olives at any time upon reasonable notice. Unless otherwise stated, unused Olives roll over between billing periods, but expire twelve (12) months from the date of issuance or purchase.

4.3 Fees and Taxes.

All fees are stated in U.S. Dollars unless otherwise specified and are exclusive of applicable taxes. You are responsible for all taxes, duties, and levies associated with your use of the Service, excluding taxes based on the Company’s net income.

4.4 Price Changes.

We may change our subscription fees or Olives pricing at any time. For existing subscribers, price changes will take effect at the start of the next billing period following at least 30 days’ notice. Your continued use of the Service after a price change constitutes acceptance of the new pricing.

4.5 Refunds.

Fees are generally non-refundable except where required by applicable law or as expressly stated in these Terms. If you believe you have been charged in error, you must contact us within 30 days of the charge.

5.1 Ownership of the Service.

Company and its licensors retain all right, title, and interest in and to the Service, including all software, algorithms, interfaces, tools, documentation, and other technology, and all related intellectual property rights. These Terms do not grant you any rights in the Service except the limited license to access and use it as described herein.

5.2 Your Inputs.

You retain all right, title, and interest in and to your Inputs. By submitting Inputs to the Service, you grant Company a non-exclusive, worldwide, royalty-free license to use, copy, modify, and process your Inputs solely as necessary to provide, maintain, and improve the Service. If you are using the Service under a free-tier plan, your Inputs and Outputs may be designated as “Public” by default and visible to other users of the Service. You may change the visibility of your content to “Private” by upgrading to a paid subscription plan. By using the Service under a free-tier plan, you acknowledge and consent to the public visibility of your Customer Content and grant Company and other users a non-exclusive, royalty-free license to view and access such public Customer Content within the Service.

5.3 Your Outputs.

Subject to these Terms and your compliance with them, to the extent Company acquires any right, title, or interest in any Outputs generated through your use of the Service, Company hereby assigns to you all such right, title, and interest. You acknowledge that:

1. (a) AI-generated Outputs may not be eligible for copyright protection under applicable law. You are solely responsible for evaluating and securing any intellectual property protection for your Outputs.
2. (b) Outputs may not be unique. Other users may submit similar Inputs and receive substantially similar or identical Outputs. Your rights in your Outputs do not extend to other users’ independently generated Outputs.
3. (c) You are solely responsible for your use of Outputs, including ensuring that such use does not infringe or violate any third-party rights or applicable law.

5.4 License to Company for Platform Improvement.

You grant Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and create derivative works of Customer Content in aggregated and de-identified form for the purpose of developing, improving, and enhancing the Service and Company’s products. Company will use commercially reasonable efforts consistent with industry-standard practices to de-identify Customer Content before such use. Company will not publicly disclose Customer Content in a form that identifies you or your users without your prior consent.

5.5 Feedback.

If you provide suggestions, ideas, or other feedback about the Service (“Feedback”), you grant Company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate the Feedback into the Service or any other product or service without restriction or obligation to you.

5.6 Trademarks.

The Martini name, logo, and all related marks are trademarks of C47, Inc. You may not use our trademarks without our prior written consent. We may identify you as a customer and use your name and logo in our marketing materials unless you notify us in writing that you opt out.

6.1 Third-Party Models.

The Service integrates Third-Party AI Models from providers such as Alphabet, OpenAI, and others. When you use the Service, your Inputs may be transmitted to and processed by these Third-Party AI Models. A current list of integrated Third-Party AI Model providers is maintained on our website.

6.2 Third-Party Terms.

Your use of features powered by Third-Party AI Models may be subject to those providers’ terms of service, acceptable use policies, and privacy policies. We will make commercially reasonable efforts to select Third-Party AI Model providers whose terms are consistent with these Terms, but you acknowledge that Third-Party AI Model providers may independently update their terms. Company is not responsible for the terms, policies, or practices of any Third-Party AI Model provider.

6.3 No Training by Third Parties.

Company uses commercially reasonable efforts to configure its integrations with Third-Party AI Models so that Customer Content is not used by those providers to train their general-purpose models. However, Company cannot guarantee the data practices of Third-Party AI Model providers and disclaims liability for any use of Customer Content by a Third-Party AI Model provider that is inconsistent with these Terms. Some Third-Party AI Models may be unavailable without training on Customer Content and Company will use commercially reasonable efforts to explicitly label such Third-Party AI Models within the Service.

6.4 Third-Party Availability.

Third-Party AI Models may become unavailable, be modified, or be discontinued at any time without notice from the third-party provider. We are not liable for any loss or disruption resulting from the unavailability or modification of any Third-Party AI Model.

7.1 General.

You agree to use the Service only for lawful purposes and in compliance with these Terms, all applicable laws, and any additional guidelines or policies we make available to you.

7.2 Prohibited Conduct.

You agree not to use the Service to:

1. (a) Generate, upload, or distribute any content that depicts, promotes, or facilitates child sexual abuse material or the sexual exploitation of minors in any form.
2. (b) Generate non-consensual intimate imagery of any person, whether real or depicting a realistic likeness of a real person, or distribute AI-generated intimate imagery without the depicted individual’s explicit consent.
3. (c) Create deepfakes, synthetic media, or AI-generated depictions of any real, identifiable person without that person’s prior written consent, including but not limited to the digital replication of any person’s likeness, voice, or identity.
4. (d) Generate content that infringes, misappropriates, or violates any third party’s intellectual property rights, rights of publicity, rights of privacy, or other proprietary rights.
5. (e) Generate content intended to harass, threaten, defame, intimidate, or bully any person.
6. (f) Generate content that promotes hatred, violence, terrorism, or discrimination against any individual or group based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic.
7. (g) Generate deceptive content intended to mislead others into believing that AI-generated media is authentic footage of real events, including for purposes of fraud, election interference, or disinformation.
8. (h) Generate spam, malware, phishing content, or other material designed to disrupt, damage, or gain unauthorized access to any computer system or network.
9. (i) Use the Service in connection with any activity where the use or failure of AI-generated content could reasonably be expected to lead to death, personal injury, or significant property or environmental damage.
10. (j) Reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying algorithms of the Service.
11. (k) Use the Service, its Outputs, or any data derived from the Service to develop, train, or improve any competing AI model or service, or to build a product or service that is substantially similar to the Service.
12. (l) Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the Service or any Outputs.
13. (m) Access or use the Service in excess of any rate limits, usage quotas, or other technical restrictions we impose.
14. (n) Resell, sublicense, lease, or otherwise commercially redistribute access to the Service or Olives credits without our prior written consent.
15. (o) Violate any applicable law or regulation, including export control laws and sanctions, anti-bribery laws, and data protection laws.

7.3 Likeness and Consent Requirements.

If you use the Service to generate content depicting any identifiable real person, you represent and warrant that you have obtained that person’s prior written consent for such depiction and for the intended use of the generated content. You must retain records of such consent and provide them to Company upon request. This requirement applies regardless of whether the person is a public figure.

7.4 AI Content Disclosure.

You acknowledge that various laws and regulations may require disclosure that content is AI-generated. You are solely responsible for complying with all applicable AI content labeling and disclosure requirements when you distribute, publish, or otherwise share Outputs outside the Service.

7.5 Enforcement.

We reserve the right, but are not obligated, to review, monitor, or remove any Customer Content or suspend or terminate your account if we reasonably believe you have violated these Terms. We may also report suspected illegal activity to law enforcement.

8.1 DMCA Takedown.

We respect intellectual property rights and respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe your copyrighted work has been infringed through the Service, you may submit a DMCA takedown notice to our designated agent at the contact information provided in Section 21. Your notice must include: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location on the Service; (c) your contact information; (d) a statement of good-faith belief that the use is not authorized; (e) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act on the owner’s behalf; and (f) your physical or electronic signature.

8.2 Non-Consensual Intimate Imagery Removal.

In compliance with the TAKE IT DOWN Act and applicable state laws, if you are depicted in non-consensual intimate imagery generated through or hosted on the Service, you may submit a removal request to us. We will remove or disable access to such content within 48 hours of receiving a valid request. Removal requests should be sent to the contact information in Section 21.

8.3 Counter-Notification.

If you believe content was removed in error, you may submit a counter-notification as provided under the DMCA. We will process counter-notifications in accordance with applicable law.

8.4 Repeat Infringers.

We maintain a policy of terminating the accounts of users who are repeat infringers of intellectual property rights.

9.1 Nature of AI-Generated Content.

The Service uses artificial intelligence and machine learning technologies to generate Outputs. You acknowledge and agree that:

1. (a) AI-generated Outputs may be inaccurate, incomplete, biased, offensive, or otherwise flawed. AI models may produce unexpected or unintended results, including content that resembles existing copyrighted works, real persons, or trademarked material.
2. (b) Company does not review, endorse, or guarantee the accuracy, quality, legality, or fitness for any particular purpose of any Output.
3. (c) You are solely responsible for reviewing, evaluating, and determining the suitability of all Outputs before any use, publication, or distribution.
4. (d) AI features are not a substitute for human creative judgment, legal review, or professional advice.

9.2 No Guarantee of Non-Infringement.

Due to the nature of generative AI, Outputs may unintentionally resemble or reproduce elements of third-party copyrighted works, trademarks, or the likenesses of real persons. Company makes no warranty or representation that Outputs will be free from third-party intellectual property claims. You assume all risk associated with the use, distribution, or commercialization of Outputs.

9.3 No Guarantee of Availability or Consistency.

AI models may produce different Outputs from the same or similar Inputs at different times. We do not guarantee that specific results can be reproduced. AI features may be updated, modified, or retired, which may affect the quality, style, or nature of Outputs.

10.1 Privacy Policy.

Our collection and use of personal information in connection with the Service is described in our Privacy Policy. By using the Service, you consent to our data practices as described in the Privacy Policy.

10.2 Data Flows to Third Parties.

When you use AI generation features, your Inputs are transmitted to the Third-Party AI Model providers necessary to generate the requested Output. We disclose the categories of data shared with Third-Party AI Model providers in our Privacy Policy. By using these features, you consent to this data transfer.

10.3 Prohibited Data.

You agree not to submit to the Service any data that constitutes: (a) protected health information governed by HIPAA; (b) financial account numbers, credit card, or debit card numbers; (c) Social Security numbers or government-issued identification numbers; (d) special categories of data as defined under the GDPR; or (e) any data subject to specific regulatory requirements that would impose obligations on Company beyond those in these Terms, unless you have entered into a separate written agreement with us authorizing such use.

14.1 Damages Waiver.

To the maximum extent permitted by applicable law, in no event will Company or its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to these Terms or the Service, regardless of the theory of liability (whether contract, tort, negligence, strict liability, or otherwise) and even if Company has been advised of the possibility of such damages.

14.2 Liability Cap.

To the maximum extent permitted by applicable law, Company’s total aggregate liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of: (a) the total fees you paid to Company in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred U.S. dollars ($100).

14.3 Basis of the Bargain.

You acknowledge that Company has set its fees and entered into these Terms in reliance on the disclaimers of warranty and limitations of liability set forth herein, and that these provisions form an essential basis of the bargain between the parties.

15.1 Your Indemnification Obligations.

You agree to indemnify, defend, and hold harmless Company and its affiliates, officers, directors, employees, agents, and licensors from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

1. (a) Your Inputs or your use of Outputs, including any claim that your Inputs or Outputs infringe, misappropriate, or violate any third party’s intellectual property rights, rights of publicity, rights of privacy, or other rights.
2. (b) Your breach of these Terms, including any violation of the Acceptable Use provisions in Section 7.
3. (c) Your violation of any applicable law or regulation.
4. (d) Any claim arising from the distribution, publication, commercial exploitation, or other use of your Outputs.

15.2 Indemnification Procedure.

Company will provide you with prompt written notice of any claim for which it seeks indemnification (provided that a failure to provide timely notice will not relieve your obligations except to the extent you are materially prejudiced). You will have sole control over the defense and settlement of any such claim, provided that you may not settle any claim that imposes obligations on Company or admits fault on Company’s behalf without our prior written consent. Company shall have the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

16.1 Agreement to Arbitrate.

You and Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (each a “Dispute”) will be resolved exclusively through binding individual arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies.

16.2 Informal Resolution.

Before initiating arbitration, you agree to first attempt to resolve any Dispute informally by sending a written notice describing the Dispute to our contact address in Section 21. The parties will attempt to resolve the Dispute informally for at least 60 days before either party may initiate arbitration.

16.3 Arbitration Rules.

Any arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator in the English language. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.4 Class Action Waiver.

You and Company each agree that any Dispute will be resolved only on an individual basis and not as a class action, collective action, representative action, or private attorney general action. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

16.5 Batch Arbitration.

If 25 or more similar arbitration demands are filed against Company within a 90-day period, the parties agree that they will be grouped into batches of no more than 50 demands each, with each batch adjudicated as a single consolidated arbitration proceeding. The AAA will select one demand from each batch as a bellwether case to be resolved first, and the resolution of each bellwether case will inform the resolution of the remaining demands in its batch.

16.6 Opt-Out.

You may opt out of this arbitration provision by sending written notice to us within 30 days of your first acceptance of these Terms. Your opt-out notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, either party may bring claims in court as described in Section 17.

16.7 Severability.

If any part of this Section 16 is found to be unenforceable, the remainder will continue to apply. If the Class Action Waiver in Section 16.4 is found to be unenforceable as to a particular claim, then this entire Section 16 will be null and void with respect to that claim only, and the Dispute will be resolved in court under Section 17.

18.1 Term.

These Terms are effective from the date you first accept them and continue until terminated in accordance with this Section 18.

18.2 Termination by You.

You may cancel your subscription and terminate your account at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will not receive a refund for any unused portion of a billing period or unused Olives credits.

18.3 Termination by Company.

We may suspend or terminate your account and access to the Service at any time if: (a) you breach these Terms; (b) we are required to do so by law; (c) your use of the Service poses a risk to the Service, other users, or third parties; or (d) your account has been inactive for an extended period. We will make reasonable efforts to notify you before or promptly after any suspension or termination, except where prohibited by law or where notice could cause harm.

18.4 Effect of Termination.

Upon termination: (a) your right to access and use the Service will immediately cease; (b) any unused Olives credits will be forfeited; (c) we may delete your Customer Content within 60 days following termination, unless we are required by law to retain it. You may request a copy of your Customer Content before termination.

18.5 Survival.

The following sections will survive any expiration or termination of these Terms: Section 4 (to the extent of unpaid fees), Sections 5, 9, 10, 11, 13, 14, 15, 16, 17, 18.4, 18.5, and Sections 19 through 21.

20.1 Entire Agreement.

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Company regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

20.2 Modifications.

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your account.

20.3 Severability.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

20.4 Waiver.

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

20.5 Assignment.

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. Company may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets upon notice to you. Any attempted assignment in violation of this section is void.

20.6 Force Majeure.

Neither party will be liable for any delay or failure to perform its obligations (other than payment obligations) due to causes beyond its reasonable control, including natural disasters, war, terrorism, pandemics, labor disputes, government actions, or internet or utility failures.

20.7 Independent Contractors.

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

20.8 No Third-Party Beneficiaries.

These Terms do not confer any rights on any third party.

20.9 Notices.

We may provide notices to you by email to the address associated with your account. You agree that electronic notices satisfy any legal requirement that notices be in writing. Notices to Company must be sent to the address in Section 21.