Terms of Service

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and Quickture, Inc. (“Quickture”, “we”, “us”, or “our”), a company incorporated in the State of California, with its principal place of business at 11150 Santa Monica Boulevard, Suite 1600, Los Angeles, CA 90025. By creating an account, accessing, or using our Services, you confirm that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2. Description of Services

Quickture provides AI-powered photo and video editing software and related services, including web-based applications, desktop applications, mobile applications, APIs, and associated features (collectively, the “Services”). The specific features available to you depend on your subscription plan.

3. Account Registration and Security

To access certain features of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete account information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account
• Not share your account credentials with third parties

We reserve the right to suspend or terminate accounts that we believe have been compromised or that violate these Terms.

4. Subscription Plans and Payment

Quickture offers free trial and paid subscription plans. By subscribing to a paid plan, you agree to:

• Pay all applicable fees for the subscription plan you select
• Provide valid payment information and authorize us to charge that payment method
• Accept that subscription fees are billed in advance on a monthly or annual basis depending on your plan selection
• Understand that subscription fees are non-refundable except as required by applicable law or as expressly provided in these Terms

We reserve the right to change our pricing. We will provide at least 30 days advance notice of any price changes via email or through the Services. Your continued use of the Services after the price change constitutes acceptance of the new pricing.

5. Free Trial

We may offer a free trial of our paid Services. The free trial allows access to up to 30 projects without charge. At the end of your free trial, you will need to select a paid subscription plan to continue using the Services. We reserve the right to modify or terminate free trial offers at any time.

6. Your Content

You retain all ownership rights in the photos, videos, and other media files you upload to the Services (“Your Content”). By uploading Your Content, you grant Quickture a limited, non-exclusive, royalty-free license to process, store, and display Your Content solely for the purpose of providing the Services to you.

You represent and warrant that:

• You own or have the necessary rights to upload and process Your Content
• Your Content does not infringe the intellectual property rights of any third party
• Your Content does not violate any applicable law or regulation
• You have obtained any necessary consents from individuals who appear in Your Content

7. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law or regulation
• Upload content that is illegal, harmful, defamatory, obscene, or that infringes third-party rights
• Create deepfakes, non-consensual intimate images, or other deceptive media
• Attempt to reverse engineer, decompile, or extract source code from our software
• Use automated means to access the Services in a manner that exceeds normal usage
• Introduce viruses, malware, or other harmful code
• Resell or sublicense access to the Services without our written permission

We reserve the right to suspend or terminate access to the Services for violations of this section.

8. Intellectual Property

The Services, including our software, AI models, user interface, design, text, graphics, and other content created by Quickture, are owned by Quickture or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from any Quickture content without our express written permission.

9. Privacy

Our Privacy Policy describes how we collect, use, and protect your personal information. By using the Services, you acknowledge and agree to our Privacy Policy, which is incorporated into these Terms by reference.

10. Disclaimer of Warranties

THE SERVICES ARE 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUICKTURE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO QUICKTURE IN THE TWELVE MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Quickture and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including Your Content.

13. Termination

You may cancel your account at any time through your account settings or by contacting us. We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Upon termination, your right to use the Services immediately ceases. The following sections survive termination: Section 6 (Your Content — limited to the license granted), Section 8 (Intellectual Property), Section 10 (Disclaimer of Warranties), Section 11 (Limitation of Liability), Section 12 (Indemnification), and Section 15 (Governing Law).

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by email or by posting a notice in the Services at least 14 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms.

15. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through informal negotiation. If informal negotiation fails, disputes shall be resolved by binding arbitration in Los Angeles, California, under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction for matters involving intellectual property.

16. Contact

Quickture, Inc.
11150 Santa Monica Boulevard, Suite 1600
Los Angeles, CA 90025
[email protected]