End User License Agreement
This End User License Agreement ("Agreement") is a legal agreement between you ("You" or "User") and CINERA ("Company", "We", "Us", "Our"), a Canadian company, governing your use of the CINERA platform, including our web application at app.cinera.ca and our mobile applications — CINERA Scout, CINERA Manager, CINERA Team, and CINERA Client (collectively, the "Software").
By creating an account, installing, accessing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not create an account, install, or use the Software.
This Agreement is supplemental to our Terms of Service and Privacy Policy, which are incorporated herein by reference. In the event of a conflict between this Agreement and the Terms of Service, the Terms of Service shall govern.
1. Definitions
- 1.1. "Software" means the CINERA web application, mobile applications, APIs, and all related services, updates, and documentation.
- 1.2. "User Content" means all data, text, photographs, videos, scripts, documents, location information, project data, messages, and other materials that you upload, create, store, or transmit through the Software.
- 1.3. "Subscription" means a recurring paid plan that grants access to specific features and capabilities of the Software.
- 1.4. "Project Code" means an alphanumeric access code generated by a Location Manager to grant team or client access to a specific production.
- 1.5. "Organization" means a production company, location department, film commission, or other entity that operates a team within the Software.
2. Grant of License
2.1. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Software in accordance with this Agreement and your applicable Subscription plan.
2.2. The Software is licensed, not sold. We retain all ownership rights, title, and interest in the Software, including all intellectual property rights therein.
2.3. This license is personal to you and may not be shared, transferred, sublicensed, or assigned to any other person or entity without our prior written consent.
3. Applications and Access
3.1 CINERA Scout
- Access: Requires an active Location Scout or Location Management Subscription.
- Purpose: Location discovery, photography, documentation, and delivery for film and television productions.
- Device permissions: Location (background), camera, photo library, Bluetooth (camera geotagging), push notifications.
3.2 CINERA Manager
- Access: Requires an active Location Management Subscription.
- Purpose: Production management, team coordination, daily workflow management, and location oversight.
- Device permissions: Location, camera (QR scanning), photo library, push notifications.
- Team management: Subscribers may generate Project Codes to invite team members and clients.
3.3 CINERA Team
- Access: Free. Requires a valid team Project Code provided by a Location Manager.
- Purpose: Shooting calendar, location reference, and crew communication for production assistants and crew members.
- Device permissions: Location, camera (QR scanning), push notifications.
3.4 CINERA Client
- Access: Free. Requires a valid client Project Code provided by a Location Manager.
- Purpose: Reviewing approved locations, maps, and creative discussion for directors, producers, and creative leads.
- Device permissions: Location, push notifications.
4. Subscriptions and Payment
Subscription plan names and pricing are as published at checkout and in the applicable app store; the amounts below are indicative and may change with notice as described in this Section.
4.1 Subscription Plans
Pricing is in Canadian dollars (CAD) unless otherwise stated. Applicable taxes will be added at checkout.
4.2 Free Trial
New users receive a fourteen (14) day free trial beginning at account creation. No credit card is required to start the trial. At the end of the trial period, you must purchase a Subscription to continue using paid features. Unpaid accounts will retain read-only access to existing data but will not be able to create new content. Trial periods may not be restarted by creating new accounts. We reserve the right to terminate trial access for abuse.
4.3 Billing
Subscriptions are billed monthly in advance on a recurring basis and automatically renew each month until cancelled. Payment is processed by Stripe, Inc. We do not store complete payment card numbers; only the last four digits, expiration date, and card brand are retained for display purposes. If payment fails, your Subscription will enter a grace period; if payment is not resolved within the grace period, your Subscription will be suspended.
4.4 Cancellation and Refunds
You may cancel your Subscription at any time through the Settings page. Cancellation takes effect at the end of the current billing period, and you will retain access to paid features until that date. Subscription fees are non-refundable. No refunds or credits will be issued for partial months, unused features, or account downgrade. If you cancel a Location Management Subscription, team members granted access through your Organization will lose access at the end of your billing period.
4.5 Price Changes
We may change Subscription pricing at any time and will provide at least thirty (30) days notice before any price increase takes effect. Continued use of the Software after a price change constitutes acceptance of the new pricing. If you do not agree, you must cancel before the change takes effect.
4.6 Free Applications
CINERA Team and CINERA Client are provided free of charge; no Subscription is required. We reserve the right to introduce paid features, usage limits, or Subscription requirements for free applications with thirty (30) days notice.
5. User Content and Ownership
5.1 Your Content
You retain full ownership of all User Content. We do not claim ownership of photographs, scripts, documents, location data, or any other content you upload, create, or transmit. By using the Software, you grant CINERA a limited, non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, and transmit your User Content solely to operate and provide the Software to you and your authorized collaborators. This license terminates when you delete the applicable User Content or when your account is permanently deleted, subject to the retention periods in Section 8.
5.2 Shared Content
When you share User Content with team members, clients, or other users (including packages, galleries, and project files), you retain ownership; recipients do not gain ownership rights. You are responsible for ensuring you have the right to share any content you distribute. CINERA is not responsible for disputes between users regarding shared content.
5.3 Scout Contributions
Location scouts who contribute photographs and location data to film commission databases are subject to the separate Scout Contribution License Agreement, which governs the specific terms of that contribution.
5.4 Content Restrictions
- No AI Training. We will not use your User Content to train artificial intelligence or machine learning models. AI features (such as photo tagging and screenplay parsing) process your content to deliver results to you — they do not retain or learn from your data beyond your session.
- No Marketing Use. We will not use your User Content for marketing, advertising, or promotional purposes without your explicit written consent.
- No Data Sales. We will not sell your User Content or personal data to third parties.
6. Device Permissions and Data Collection
The Software may request access to device capabilities including location services, camera, photo library, Bluetooth, and push notifications, each serving a specific function described in Section 3. You may decline any permission, though some features may not function without it. CINERA Scout may collect background location during active shooting sessions for GPS track recording; background location access can be revoked at any time through your device settings.
The Software collects usage data, crash reports, performance metrics, and diagnostic information to operate, improve, and support the Software. GPS coordinate data from shooting sessions is retained for ninety (90) days, after which it is compressed to a session summary (start location, end location, bounding area) and individual coordinate points are permanently deleted. For complete details, refer to our Privacy Policy.
7. Acceptable Use and Restrictions
7.1 You agree to:
- Use the Software only for lawful purposes related to film, television, and media production.
- Maintain the security of your account credentials and notify us immediately of any unauthorized access.
- Comply with all applicable laws and regulations, including privacy laws governing the photography and documentation of real property.
7.2 You agree NOT to:
- Distribute, sublicense, lease, rent, sell, or transfer the Software or your account access to any third party.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software.
- Remove, alter, or obscure any proprietary notices, labels, or marks in the Software.
- Use the Software to store or transmit malicious code, infringing content, or content that violates any third party's rights.
- Attempt to gain unauthorized access to our systems, other users' accounts, or data you are not authorized to access.
- Use automated means (bots, scrapers, crawlers) to access the Software except through our published APIs with authorization.
- Circumvent or disable any security, access control, or usage-limiting features of the Software.
- Create multiple accounts to abuse free trials or circumvent account limitations.
8. Data Retention and Account Deletion
Your User Content is retained for as long as your account is active and in good standing. You may request deletion of your account at any time through the Settings page or by contacting support@cinera.ca. Upon account deletion, your data enters a ninety (90) day grace period during which your account can be restored upon request. After the grace period, all User Content and personal data associated with your account will be permanently and irreversibly deleted, including photographs, location data, project files, messages, and all other User Content. Backup copies may persist briefly in disaster recovery systems but will be purged in accordance with our standard backup rotation schedule.
Notwithstanding the above, we may retain data for a longer period where required by law, for the resolution of disputes, to enforce our agreements, or to protect our legal rights. If you are the sole administrator of an Organization and you delete your account, all team members associated with that Organization will lose access; we will make reasonable efforts to notify affected users before data is permanently deleted.
9. Intellectual Property
The Software, including its design, architecture, code, documentation, branding, trademarks, logos, and all visual and functional elements, is the exclusive intellectual property of CINERA and is protected by Canadian and international copyright, trademark, and intellectual property laws. "CINERA", the CINERA logo, "CINERA Scout", "CINERA Manager", "CINERA Team", and "CINERA Client" are trademarks of CINERA and may not be used without our prior written consent. Nothing in this Agreement grants you any right, title, or interest in the Software's intellectual property beyond the limited license in Section 2.
10. Third-Party Services
The Software integrates with third-party services including Supabase (database and authentication), Cloudflare (storage), Stripe (payments), Mapbox (mapping), and Amazon Web Services (image analysis). Your use of the Software is also subject to the terms and policies of these providers. We are not responsible for the availability, accuracy, or practices of third-party services; if a third-party service becomes unavailable, certain features may be temporarily or permanently affected.
11. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Software will meet your specific requirements, operate without interruption, be error-free, or be secure from unauthorized access. We do not warrant the accuracy, completeness, or reliability of any content, data, or results generated through the Software, including AI-generated tags, screenplay parsing results, and location metadata. No advice or information, whether oral or written, obtained from us or through the Software shall create any warranty not expressly stated in this Agreement.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CINERA, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: loss of data, photographs, or User Content; loss of profits, revenue, or business opportunities; business interruption or production delays; cost of procurement of substitute services; or loss arising from reliance on the Software's output (including AI-generated results), ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS ($100.00 CAD). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnification
You agree to indemnify, defend, and hold harmless CINERA, its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Software, your User Content, your violation of this Agreement, your violation of any third party's rights (including intellectual property and privacy rights), or your violation of any applicable law or regulation.
14. Term and Termination
This Agreement is effective from the date you first access or use the Software and continues until terminated. You may terminate at any time by deleting your account and ceasing all use. We may suspend or terminate your access at any time, with or without cause, including for violation of this Agreement or our Terms of Service, non-payment, fraudulent or abusive conduct, legal or regulatory requirements, or discontinuation of the Software. Where practicable, we will provide notice and an opportunity to export your User Content; in cases of abuse, fraud, or legal obligation, we may terminate without notice.
Upon termination, your license to use the Software immediately ceases. Sections 5 (Content Ownership), 8 (Data Retention), 9 (Intellectual Property), 11 (Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), 15 (Governing Law), and 16 (General Provisions) shall survive termination.
15. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising under or in connection with this Agreement shall first be subject to good faith negotiation between the parties for a period of thirty (30) days. If unresolved, it shall be submitted to the exclusive jurisdiction of the courts of the Province of Alberta, Canada. Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
16. General Provisions
- Entire Agreement. This Agreement, together with the Terms of Service, Privacy Policy, and any applicable Subscription terms, constitutes the entire agreement between you and CINERA regarding the Software.
- Amendments. We may update this Agreement at any time by posting the revised version at app.cinera.ca/legal/eula. We will provide reasonable notice of material changes (via email or in-app notification). Continued use after changes take effect constitutes acceptance.
- Severability. If any provision is found invalid or unenforceable, the remaining provisions continue in full force and effect.
- No Waiver. Our failure to enforce any provision is not a waiver of that or any other provision.
- Assignment. You may not assign or transfer this Agreement without our prior written consent. We may assign it without restriction, including in connection with a merger, acquisition, or sale of assets.
- Force Majeure. We are not liable for any failure or delay due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, labour disputes, government actions, or failures of third-party services.
- Notices. Notices to you will be sent to the email associated with your account. Notices to us should be sent to hello@cinera.ca.
- Language. This Agreement is drafted in English. In the event of a conflict between the English version and any translation, the English version shall prevail.
17. Contact
For questions about this Agreement, contact CINERA at hello@cinera.ca or support@cinera.ca.
By creating an account or using the CINERA Software, you confirm that you have read, understood, and agree to be bound by this End User License Agreement.