FilmFix Cloud Terms of Use

Effective Date:

October 14, 2025

1. ACCEPTANCE AND DESCRIPTION OF SERVICE

1.1 Acceptance of Terms

These Terms of Use govern your access to and use of the FilmFix Cloud service ("Service") provided by FilmFix ("Company," "we," "us," or "our"). By clicking to accept these Terms of Use, accessing the Service, or using the Service in any manner, you ("Customer," "you," or "your") agree to be bound by these Terms of Use (this “Agreement”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE.

1.2 Description of Service

FilmFix Cloud is a TEMPORARY cloud storage service that provides Customers with subscription-based access to video, film, and photo content that has been uploaded by FilmFix (collectively, “Customer Content”). Limits on the types and data sizes of Customer Content that are eligible to be uploaded by FilmFix to the Service are established by FilmFix on its website and/or with each order for each Customer. Access to the Service is password protected and End-to-End encrypted. Customer Content can be shared with others by the Customer creating shareable links within the Service. The Service is provided through third-party cloud infrastructure providers and is intended solely for TEMPORARY storage, access and sharing purposes. THIS SERVICE IS NOT A BACKUP, ARCHIVE OR PERMANENT STORAGE SOLUTION. ACCORDINGLY, AT ANY TIME FILMFIX MAY, IN ITS SOLE DISCRETION, DELETE CUSTOMER CONTENT FROM THE SERVICE, OR TERMINATE THE SERVICE IN ITS ENTIRETY OR AS TO A SPECIFIC CUSTOMER, OR DEACTIVATE OR TERMINATE ACCESS TO THE SERVICE EITHER IN ITS ENTIRETY OR AS TO A SPECIFIC CUSTOMER, WITHOUT PRIOR NOTICE TO YOU OR ANYONE ACCESSING THE SERVICE, AND WITHOUT ANY LIABILITY ON THE PART OF FILMFIX TO YOU OR ANYONE ACCESSING THE SERVICE.

2. SUBSCRIPTION AND ACCESS RIGHTS

2.1 Subscription Requirement

Access to the Service requires a valid, active subscription. Subscription pricing, terms, and payment processes are set forth on the FilmFix website and may be updated from time to time at FilmFix's sole discretion without notice to Customer.

2.2 Access and Use Rights

During the subscription period and subject to the terms of this Agreement, Customer may: (a) access and view Customer Content in the Customer’s designated storage area; (b) download Customer Content for personal use; and (c) share Customer Content with third parties at Customer's discretion.

2.3 Prohibited Activities

Customer may not, and will not allow anyone else to: (a) upload, post, submit, or store any content to or on the Service; (b) attempt to access areas of the Service not designated for Customer's account; (c) reverse engineer, decompile, or attempt to discover any source code or underlying algorithms of the Service; (d) interfere with or disrupt the Service or servers connected to the Service; (e) use the Service for any unlawful purpose or in violation of applicable laws; (f) attempt to gain unauthorized access to the Service or related systems; or (g) use the Service to develop a competing service or product.

3. ACCOUNT SECURITY AND TERMINATION

3.1 Account Security

Customer is solely and completely responsible for: (a) maintaining the confidentiality of account credentials and passwords; (b) all activities that occur under Customer's account; (c) any damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) sustained by Company or Customer arising from unauthorized sharing or compromise of Customer's password or account access; and (d) immediately notifying FilmFix of any suspected unauthorized use of Customer's account.

3.2 Termination of Access

Customer's access to the Service will immediately terminate upon: (a) non-payment of any fees due for the Service; (b) expiration of the subscription period; (c) cancellation of the subscription by Customer; (d) cancellation or suspension of the subscription by FilmFix for any reason, including but not limited to breach of this Agreement; or (e) termination of this Agreement. Customer may cancel the Service at any time but no refunds will be provided for unused service periods. AT ANY TIME FILMFIX MAY, IN ITS SOLE DISCRETION, DELETE CUSTOMER CONTENT FROM THE SERVICE, OR TERMINATE THE SERVICE IN ITS ENTIRETY OR AS TO A SPECIFIC CUSTOMER, OR DEACTIVATE OR TERMINATE ACCESS TO THE SERVICE EITHER IN ITS ENTIRETY OR AS TO A SPECIFIC CUSTOMER, WITHOUT PRIOR NOTICE TO YOU OR ANYONE ACCESSING THE SERVICE, AND WITHOUT ANY LIABILITY ON THE PART OF FILMFIX TO YOU OR ANYONE ACCESSING THE SERVICE.

3.3 Effect of Termination

Upon termination of Customer's access to the Service for any reason: (a) Customer will no longer have any right to access or use the Service; (b) FilmFix may, in its sole discretion, permanently delete all Customer Content and files associated with Customer's account on the Service, without further notice to Customer; (c) FilmFix has no obligation to retain, backup, preserve, or provide access to any Customer Content on the Service after termination; and (d) Customer remains liable for all fees accrued before termination.

4. THIRD-PARTY SERVICE

4.1 Third-Party Infrastructure

The Service is provided through third-party cloud infrastructure and service providers. FilmFix does not own, operate, or directly control the underlying cloud infrastructure used to provide the Service.

4.2 No Disclosure of Third Parties

FilmFix reserves the right not to disclose the identities of third-party service providers and such information shall be considered FilmFix's confidential information.

5. REPRESENTATIONS AND WARRANTIES

5.1 Mutual Representations

Each party represents and warrants to the other that: (a) it has the legal power and authority to enter into this Agreement; (b) it is duly organized, validly existing, and in good standing under applicable laws; and (c) it will comply with all applicable laws in performing its obligations under this Agreement.

5.2 Customer Representations

Customer represents and warrants that: (a) Customer will keep login credentials confidential and secure; (b) Customer will not share login credentials with unauthorized users; (c) Customer is solely responsible for its sharing decisions regarding the Customer Content and ensuring that it is appropriate for its recipients; (d) Customer shall only use the Service for lawful purposes; (e) Customer has and will continue to have all rights necessary to access, download, and share Customer Content as described in this Agreement; (f) Customer Content is either original to Customer or Customer is licensed to use such Customer Content, or its use falls within the fair use exception under copyright law; (g) All Customer Content using the Service shall not be downloaded, shared or otherwise used, for commercial purposes or to violate the rights of any third party; and (h) all Customer Content shall comply with all applicable laws and regulations, including but not limited to copyrights laws. FilmFix reserves the right to remove any Customer Content which violates the above representations and warranties, or applicable law, at FilmFix’s sole discretion and without notice to Customer.

6. DISCLAIMER OF WARRANTIES

FilmFix makes no guarantees that the Service will always be safe, secure, error-free, or function without disruptions, delays, or imperfections, or that the Service will be have any specific service uptime, availability, access continuity or performance. Service features, including sharing capabilities, may be terminated, modified or added at any time without notice to Customer. The Service is explicitly provided as a TEMPORARY storage solution and is NOT intended as a backup service. AT ANY TIME FILMFIX MAY, IN ITS SOLE DISCRETION, DELETE CUSTOMER CONTENT FROM THE SERVICE, OR TERMINATE THE SERVICE IN ITS ENTIRETY OR AS TO A SPECIFIC CUSTOMER, OR DEACTIVATE OR TERMINATE ACCESS TO THE SERVICE EITHER IN ITS ENTIRETY OR AS TO A SPECIFIC CUSTOMER, WITHOUT PRIOR NOTICE TO YOU OR ANYONE ACCESSING THE SERVICE, AND WITHOUT ANY LIABILITY ON THE PART OF FILMFIX TO YOU OR ANYONE ACCESSING THE SERVICE. EXCEPT FOR THE LIMITED WARRANTIES IN SECTION 5, FILMFIX DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THESE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

7. LIMITATION OF LIABILITY

7.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FILMFIX'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

7.2 Damages Waiver

Under no circumstances will FilmFix be liable to Customer for: (a) problems, issues, or failures related to the cloud Service or third-party service providers; (b) interruptions, delays, or unavailability of the Service; (c) loss, corruption, or deletion of Customer Content; (d) lost profits or revenues (whether direct or indirect); or (e) consequential, special, indirect, exemplary, punitive, or incidental damages relating to this Agreement, even if FilmFix is informed of the possibility of such damages in advance.

7.3 Applicability

The limitations and waivers contained in this Section 7 apply to all liability, whether in tort (including negligence), contract, breach of statutory duty, or otherwise, and to the maximum extent permitted by applicable law.

8. INDEMNIFICATION

Customer agrees to indemnify, defend, and hold harmless FilmFix and its officers, directors, employees, agents, and affiliates from and against all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees and other legal expenses) arising from or relating to: (a) Customer's use of the Service; (b) Customer's breach of this Agreement; (c) Customer's sharing of account access or password credentials; (d) any Customer Content Customer shares or distributes; or (e) Customer's violation of applicable laws.

9. MODIFICATION OF TERMS

FilmFix reserves the right to modify this Agreement at any time without prior notice to Customer. Updated Terms of Use will be effective immediately upon posting on the FilmFix website or Service platform. Customer's continued use of the Service after any modification constitutes Customer's acceptance of the modified Terms of Use. It is Customer's responsibility to review the Terms of Use periodically for changes.

10. GENERAL TERMS

10.1 Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding the Service and supersedes all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter hereof. In the event this Agreement is translated into one or more languages other than English, the English language version shall be controlling and shall constitute the sole Agreement between the parties.

10.2 Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state courts located in Ventura County, California, or to the extent federal jurisdiction applies, in the U.S. District court for the Central District of California, and the parties hereby consent to personal jurisdiction and venue therein.

10.3 Severability

If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

10.4 Assignment

Customer may not assign any rights or obligations under this Agreement without FilmFix's prior written consent. FilmFix may assign this Agreement upon notice to Customer. Any attempted but non-permitted assignment is void.

10.5 Independent Contractors

The parties are independent contractors and not agents, partners, or joint venturers. Neither party is authorized to bind the other to any liability or obligation.

10.6 Notices

Any notice required under this Agreement must be in writing and sent to FilmFix at film@filmfix.com. Notices will be deemed given upon confirmed delivery if by email or upon delivery if by other written means.

10.7 Survival

The following sections will survive expiration or termination of this Agreement: Section 3.3 (Effect of Termination), Section 6 (Disclaimer of Warranties), Section 7 (Limitation of Liability), Section 8 (Indemnification), and Section 10 (General Terms).

11. CONTACT INFORMATION

For questions about these Terms, please contact FilmFix through the contact information link provided on our website.

BY CLICKING "I AGREE," ACCESSING THE SERVICE, OR USING THE SERVICE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.