Terms of Service

1. Who we are and scope of these Terms

MotionKit is a software-as-a-service product operated by 28 bit S.R.L. Single Member Company, registered office at Strada di Paderna 2, 47895 Domagnano, Republic of San Marino, C.O.E. SM31527 (the "Company", "we", "us" or "our"). These Terms of Service (the "Terms") govern your access to and use of the MotionKit website at motionk.it, the dashboard, the rendering APIs and any related services (collectively, the "Service"). By creating an account, accessing the Service or paying for a subscription you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

2. Definitions

In these Terms, capitalised words have the following meaning:

• "User", "you" or "your" means the natural person or legal entity that accesses the Service.
• "Account" means the personal area that you register in order to use the Service.
• "Subscription" means a recurring paid plan that grants access to the Service for a defined billing period.
• "User Content" means any text, image, video, audio, font, brand asset or other material that you upload to or generate through the Service.
• "Output" means the video files rendered by the Service starting from your User Content and the configuration you provide.
• "Templates" means the configurable animated video components that we make available through the Service.

3. Eligibility

You may use the Service only if you are at least 18 years old and have full legal capacity to enter into a binding contract under the laws applicable to you. If you are using the Service on behalf of a company or another legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity. The Service is not directed to children and we do not knowingly collect personal data from minors. If we become aware that an account belongs to a minor we will suspend or terminate it.

4. Account registration and security

To access most features of the Service you must create an Account. You agree to provide accurate, current and complete information during registration and to keep that information up to date. You are responsible for all activity that occurs under your Account and for safeguarding your credentials. You must notify us promptly at hello@motionk.it of any unauthorised access or suspected security breach. We are not liable for any loss or damage arising from your failure to protect your credentials. We may refuse, suspend or terminate accounts at our discretion, in particular where we suspect fraudulent activity, breach of these Terms or risk to the Service or to other users.

5. Subscriptions, billing and renewal

Some features of the Service are offered through paid Subscriptions. Pricing, billing frequency, included rendering quotas and other commercial terms are described on the pricing page at the time of purchase and are incorporated into these Terms by reference. Payments are processed by Lemon Squeezy, which acts as the merchant of record for purchases made through the Service. Lemon Squeezy collects payment, issues invoices, handles taxes where applicable and manages chargebacks under its own terms. Subscriptions renew automatically at the end of each billing period at the then-current rate unless cancelled before the renewal date through your Account or the Lemon Squeezy customer portal. We may change pricing for future billing periods on at least thirty (30) days prior notice; price changes do not affect periods already paid for.

6. Fourteen-day refund right

You have the right to withdraw from your first Subscription to a given plan within fourteen (14) days of the initial purchase date without giving any reason. To exercise this right, send an unequivocal statement to hello@motionk.it before the withdrawal period expires. Refunds are processed through Lemon Squeezy using the original payment method within fourteen (14) days from receipt of your notice. The fourteen-day refund right applies to the initial purchase only and does not apply to automatic renewals, to additional rendering credits or other one-off purchases, or to repeated purchases of the same plan; cancellations of renewals must be made before the renewal date and take effect at the end of the then-current billing period. We may refuse or reverse a refund where we reasonably suspect abuse, including serial refund requests, fraudulent payment, or use of the Service in breach of these Terms during the withdrawal period.

7. Licence to use the Service

Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Service and the Templates solely for the purpose of creating Outputs for your own personal or business communication. We retain all right, title and interest in and to the Service, the Templates, the underlying source code, the user interface, the documentation, our trademarks and any improvement or derivative work, including any feedback, suggestions or ideas you provide. No rights are granted to you other than those expressly set out in these Terms.

8. Your content and uploads

You retain all rights in your User Content. You are solely responsible for User Content and for ensuring that you have all rights, licences, consents and permissions necessary to upload it and to process it through the Service, including rights in any image, footage, music, font, logo, trademark or personal data depicted. By uploading User Content you grant us a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, transmit, modify, adapt, encode and process the User Content solely as required to operate, maintain, improve and secure the Service and to provide it to you, including by means of third-party infrastructure providers. This licence ends when you delete the User Content or close your Account, except for backups retained for technical or legal reasons for a limited period.

9. Ownership of Outputs and promotional licence

As between you and us, you own the Outputs that you generate through the Service, subject to any third-party rights embedded in the User Content. You may use the Outputs for any lawful purpose, including commercial use, in accordance with these Terms. You grant us a perpetual, worldwide, royalty-free, non-exclusive licence to display the Outputs and screenshots thereof in our marketing materials, website, social channels and investor materials as examples of work produced with the Service. You may opt out of this promotional licence at any time by writing to hello@motionk.it; the opt-out applies to future use and does not require us to remove materials already distributed offline.

10. Acceptable use policy

You agree not to use the Service, and not to permit any third party to use the Service, to create, upload, store, transmit, render or distribute content or to engage in conduct that:

• violates any applicable law, regulation or third-party right, including intellectual property, privacy, publicity, data protection, export control or consumer protection laws;
• infringes copyright, trademark, trade secret or other proprietary rights, including by uploading footage, music, fonts or brand assets without a valid licence;
• depicts or promotes child sexual abuse material, sexual content involving minors, non-consensual intimate imagery, sexual exploitation or human trafficking;
• contains hate speech, incitement to violence, harassment, doxxing, threats or content that targets individuals or groups on the basis of protected characteristics;
• consists of synthetic or manipulated media that impersonates real individuals without their consent (including deepfakes), or that is designed to deceive about the identity, statements or actions of a real person;
• promotes terrorism, violent extremism, self-harm, illegal drugs, illegal weapons or other unlawful activities;
• is intended to defraud, deceive or mislead, including phishing, scams, fake news, election interference or impersonation of brands or public figures;
• is sent as unsolicited bulk communication, spam or other forms of unauthorised mass distribution;
• interferes with or disrupts the integrity, performance or security of the Service, including by transmitting malware, attempting to gain unauthorised access, probing for vulnerabilities outside of an authorised programme, or circumventing rate limits or quota controls;
• reverse engineers, decompiles, disassembles, scrapes, indexes or otherwise attempts to derive the source code of the Service, except to the extent that such restriction is expressly prohibited by applicable law;
• uses the Service to develop, train or improve a competing product, machine learning model or video generation system;
• resells, rents, sublicenses, time-shares or otherwise commercialises the Service or the Templates as a standalone product to third parties without our prior written consent.

We may, at our sole discretion and without prior notice, investigate suspected violations, remove or disable access to offending content, throttle or revoke API access, and suspend or terminate accounts. We may also report violations to law enforcement and cooperate with their investigations.

11. Affiliate programme

We operate an affiliate programme through Lemon Squeezy that allows approved partners ("Affiliates") to earn commissions on qualifying Subscriptions referred through their unique tracking link. Participation in the programme is governed by these Terms and by the Lemon Squeezy affiliate terms. The following rules apply:

• you must apply for the programme and be approved by us; approval is at our sole discretion and may be revoked at any time;
• commission rates, cookie attribution window and minimum payout thresholds are published at the time of approval and may be updated for future referrals with reasonable notice;
• self-referral is prohibited: you may not earn commissions on your own Subscriptions or on Subscriptions paid through accounts that you control;
• you may not bid on our trademarks or close variants in paid search, run misleading advertising, spam, send unsolicited email, use cookie stuffing, malware, browser extensions or any other deceptive technique to generate referrals;
• you may not represent yourself as the Company, an employee or an official partner, and you must clearly disclose your affiliate relationship as required by applicable advertising and consumer protection laws;
• commissions are paid only on cleared, non-refunded and non-chargeback Subscriptions and are reversed in case of refund, chargeback or fraudulent activity;
• we may withhold or reclaim commissions, terminate your participation and ban you from the programme in case of breach, fraud, abuse or termination of your Account.

12. Third-party services

The Service relies on third-party infrastructure and service providers, including Supabase (authentication and database), Amazon Web Services (rendering, storage and content delivery), Netlify (website hosting), Lemon Squeezy (payments, invoicing and affiliate management), Plunk (transactional email), Pirsch (privacy-friendly website analytics) and Mixpanel (in-product analytics). Your use of the Service is subject to the terms and privacy policies of these providers in addition to these Terms. We select and configure these providers with reasonable care but we do not control their infrastructure and we are not liable for failures, outages, data losses or breaches that originate with them, except to the extent required by mandatory applicable law.

13. Service availability, changes and beta features

We strive to keep the Service available but we provide it on an "as is" and "as available" basis. We do not commit to any specific uptime, latency or rendering throughput and we do not offer a contractual service level agreement unless we have signed a separate written agreement with you. We may, at any time and without liability, modify, add or remove features, change Templates, update pricing for future billing periods, impose quotas or rate limits, perform scheduled or emergency maintenance and discontinue parts or the whole of the Service. Beta, preview or experimental features are offered for evaluation, may be unstable, may be modified or discontinued at any time and are provided without any warranty.

14. Suspension and termination

You may terminate your Account at any time through the Service or by writing to hello@motionk.it; termination takes effect at the end of the then-current paid billing period and does not entitle you to a refund except as provided in section 6 or as required by mandatory applicable law. We may suspend or terminate your Account, the Service or any part thereof immediately and without prior notice if you breach these Terms, if we are required to do so by law or by a competent authority, if your use poses a security, legal or reputational risk to us or to other users, or if payment fails. Upon termination your right to access the Service ceases, we may delete your User Content and Outputs after a reasonable retention period and the sections of these Terms that by their nature should survive (including sections on intellectual property, disclaimers, limitation of liability, indemnification and governing law) will survive.

15. Disclaimers and warranties

To the maximum extent permitted by applicable law, the Service, the Templates, the Outputs and all related materials are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, security and uninterrupted or error-free operation. We do not warrant that the Service will meet your specific requirements, that Outputs will be suitable for any specific use, or that any defect will be corrected. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the above exclusions apply to the extent permitted by law and statutory rights of consumers are not affected.

16. Limitation of liability

To the maximum extent permitted by applicable law, in no event will the Company, its directors, employees, contractors, agents or affiliates be liable to you or any third party for any indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, cost of substitute services or business interruption, arising out of or in connection with your use of or inability to use the Service, even if we have been advised of the possibility of such damages and even if a remedy fails of its essential purpose. Our total aggregate liability for any and all claims arising out of or relating to these Terms or the Service, regardless of the form of action, will not exceed the greater of (a) the amounts actually paid by you to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim and (b) one hundred euros (EUR 100). Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or, for EU and EEA consumers, mandatory statutory rights.

17. Indemnification

You agree to defend, indemnify and hold harmless the Company, its directors, employees, contractors, agents and affiliates from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or in connection with (a) your User Content and Outputs, (b) your use or misuse of the Service, (c) your breach of these Terms or of any applicable law, (d) your violation of any third-party right, including intellectual property, privacy and publicity rights, and (e) your participation in the affiliate programme. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence. You may not settle any matter without our prior written consent.

18. Privacy and data protection

Our processing of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. To the extent that we process personal data on your behalf as part of your User Content, you act as data controller and we act as data processor; in that case the processing is governed by our Data Processing Addendum, available on request at hello@motionk.it. You are responsible for ensuring that you have a lawful basis to process any personal data contained in your User Content and for honouring data subject rights with respect to such data.

19. Changes to these Terms

We may amend these Terms from time to time. The updated version will be posted on this page with a new "Last updated" date. Material changes will be communicated to active users by email or through an in-product notice at least fourteen (14) days before they take effect. By continuing to use the Service after the effective date of the updated Terms you accept the changes. If you do not accept the changes you must stop using the Service and may terminate your Account; you will not be charged for billing periods that begin after termination.

20. Governing law and dispute resolution

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the Republic of San Marino, without regard to its conflict of laws rules. Any dispute arising out of or in connection with these Terms will be submitted to the exclusive jurisdiction of the competent courts of the Republic of San Marino. Nothing in this section deprives a consumer resident in the European Union or the European Economic Area of the protection afforded by mandatory provisions of the law of the country in which they are habitually resident, including the right to bring proceedings in the courts of that country. EU consumers may also access the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

21. Miscellaneous

The following general provisions apply to these Terms:

• Entire agreement: these Terms, the Privacy Policy and any document expressly referenced herein constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings on the same subject.
• Severability: if any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be replaced by a valid one that most closely reflects the original intent.
• No waiver: our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
• Assignment: you may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent; we may assign these Terms in connection with a merger, acquisition, reorganisation or sale of assets, or by operation of law.
• Force majeure: we will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, strikes, internet or telecommunications outages, third-party service failures, governmental actions and pandemics.
• Notices: notices to you may be sent to the email address associated with your Account; notices to us must be sent to hello@motionk.it.
• No agency: nothing in these Terms creates a partnership, joint venture, agency, franchise or employment relationship between you and us.
• Language: these Terms are written in English; any translation is provided for convenience only and the English version prevails in case of conflict.

22. Contact

If you have any questions, complaints or requests regarding these Terms or the Service, please contact us at hello@motionk.it or by post at 28 bit S.R.L. Single Member Company, Strada di Paderna 2, 47895 Domagnano, Republic of San Marino.