MotionVFX — General Terms and Conditions

Welcome to MotionVFX. These Terms and Conditions (“Terms”) govern your use of our website, our software, and the products we offer. By creating an account, making a purchase, or using any of our Products, you are entering into a binding legal agreement with us on these Terms. Please read these Terms carefully.

If you do not agree with these Terms, you must not use our Website or any MotionVFX Products.

The contracting party is:
MotionVFX sp. z o.o.
Twarda 18, 00-105 Warsaw, Poland
Company No.: 0000861722
Tax ID: PL 5252837154
(“MotionVFX”, “we”, “us”, “our”)

1. Definitions

   Capitalised terms used in this document have the following meanings:

   1. “Device” means a single computer or other electronic device on which Software can be installed.
   2. “Host Software” means the compatible third-party software required to use MotionVFX Products, such as Apple Final Cut Pro, Adobe Premiere Pro, or DaVinci Resolve, as specified on the applicable webpage for each MotionVFX Product.
   3. “License” means the rights we grant to you to use the MotionVFX Products, as set out in Section ‎6 of these Terms and Appendix A.
   4. “mExtension” means our application for use within Final Cut Pro, which allows you to browse, download, and manage your Products and Licenses.
   5. “mInstaller” means our desktop application that allows you to download, install, and manage your Products and Licenses.
   6. “MotionVFX Products” or “Products” means any software files, graphic templates with other connected works (sample graphics, photos, sounds, images, drawings, etc.) and/or related explanatory materials, modifications, updates, additions provided to the User by MotionVFX at any time, except to the extent subject to different terms.
   7. “Subscription” means a recurring agreement to license a selection of MotionVFX Products for a defined Subscription Term.
   8. “Subscription Plan” means the specific bundle of MotionVFX Products available under a Subscription, as detailed on our Website.
   9. “Subscription Term” means the period for which a Subscription is active.
   10. “User” or “you” means the natural or legal person using our Website or Products.
   11. “Website” means our website located at www.motionvfx.com.

2. Purchases and Payments

   1. All payments are processed by our merchant of record, Paddle. Your purchase is subject to Paddle’s Terms of Use, which are available at https://www.paddle.com/legal/checkout-buyer-terms.
   2. As the Products are software delivered immediately in digital form, to the fullest extent permitted under applicable law, all purchases are non-refundable and not eligible for exchange or credit. This does not affect your statutory rights to file a complaint if a Product is not compliant with these Terms.

3. Subscriptions

   1. Purchasing a Subscription grants you a License to use the Products within your chosen Subscription Plan for the duration of the Subscription Term. Certain Subscription Plans may limit the number of downloads of MotionVFX Products — the Website will include details of any such limitations.
   2. We may offer a free trial period for certain Subscription Plans. Product functionality may be limited during a trial. If you cancel a trial, your access to the Products will be revoked immediately. We reserve our right to withdraw access to free trials. Products made available under free trials may contain watermarks or limited functionality.
   3. At the end of your Subscription Term, your Subscription will automatically renew for the same Subscription Plan. The renewal fee will be charged to your stored payment method. If you purchased the Subscription under a promotional offer, it will renew at the standard price listed on the Website at the time of renewal.
   4. You can cancel the automatic renewal of your Subscription at any time through your User account on the Website. Your Subscription will remain active until the end of the current paid term and will not renew thereafter.
   5. We may, at least 30 days before your next renewal date, notify you that:
   6. the price of your Subscription Plan will change, in which case the new price will apply upon renewal of your Subscription Plan unless you cancel through your User account on the Website;
   7. the Products available in your Subscription Plan will change, in which case the new scope of Products will apply upon renewal of your Subscription Plan unless you cancel through your User account on the Website; and
   8. your then-current Subscription Plan will no longer be available, in which case we will renew your Subscription into the plan that most closely matches your existing one or, if no suitable plan exists, your Subscription will be terminated at the end of its Subscription Term.
   9. You can manage your Subscriptions by logging into your account, which will also enable you to see the MotionVFX Products owned by you, view your purchase history and download invoices.

4. Product Requirements

   1. You acknowledge that the use of the full functionality of certain Products may require you to own specific Host Software, as not all elements of all Products are published for use in all Host Software.
   2. You are responsible for ensuring you have the necessary and latest version of the Host Software and appropriate hardware required to use the MotionVFX Products you purchase.
   3. We, at our discretion, may make available future upgrades or updates to the Products. Upgrades and updates, if any, may, at our discretion, be provided with or without charge. We may remove, cease to make available or cease to provide support or updates for Products, at our discretion. We shall endeavour to notify you when we remove, cease to make available or cease to provide support or updates for Products.

5. License to Use MotionVFX Products

   Upon purchase of a MotionVFX Product or a Subscription, we grant you a license to use the applicable MotionVFX Products in accordance with the Licensing Terms set out in Appendix A.

6. Privacy

   We will at all times treat your personal data in accordance with the privacy policy applicable to MotionVFX and certain of its affiliates, which can be viewed at https://www.apple.com/legal/privacy/.

7. Termination

   1. Your License to use MotionVFX Products will terminate automatically and without notice if: (a) your Subscription or trial period expires; or (b) you breach any of these Terms, including any of the Licensing Terms.
   2. Upon termination, you must immediately cease all use of the affected MotionVFX Products and destroy all copies in your possession.

8. Disclaimers and Limitation of Liability

   1. Except where prohibited by law, MotionVFX Products are provided "AS IS". We disclaim all warranties, express or implied, including any warranties of fitness for a particular purpose, accuracy, or non-infringement. You use the Products at your own risk. We do not guarantee that the Products will meet your requirements for their use, accuracy, correctness, uptime, compatibility or otherwise or that their operation will be uninterrupted or error-free.
   2. You are responsible for your use of the MotionVFX Products and for any content or materials that you create or use with them. You are responsible for ensuring that your use of any element of the MotionVFX Products does not infringe the rights of any third party (including intellectual property and privacy rights).
   3. To the maximum extent permitted by law, MotionVFX shall not be liable for any indirect, incidental, or consequential damages (including loss of profits, data, or business interruption) arising from the use of or inability to use the Products, even if we have been advised of the possibility of such damages. Our total liability to you for all damages shall not exceed the amount you paid for the relevant Product or Subscription in the twelve (12) months preceding the claim. These limitations may not apply in jurisdictions that do not permit the exclusion of liability for personal injury or incidental damages.

9. Complaints and Governing Law

   1. You may submit any complaints regarding our services by email to support@motionvfx.com and by letter to 00-105 Warsaw, Twarda 18.
   2. This Agreement is governed by the laws of Poland. Any disputes shall be resolved in the competent courts of Poland.

10. General Provisions

    1. You may benefit from certain statutory rights, including (if you are a consumer based in the EU) rights under applicable EU consumer protection laws, that cannot be limited or excluded by a contract. These Terms are not intended to limit or exclude those rights.
    2. We may amend these Terms from time to time. We will notify you of any material changes at least 15 days before they become effective. Your continued use of the Products after the effective date of those amendments constitutes acceptance of the new Terms.
    3. These Terms constitute the entire agreement between you and MotionVFX regarding the Products and supersede all prior communications and proposals.

1. In consideration of your payment of the relevant purchase price for the relevant MotionVFX Product or Subscription, we grant you a limited, non-exclusive, non-transferable, revocable license to use the relevant MotionVFX Product, or the relevant MotionVFX Products available pursuant to your Subscription Plan, in each case on the terms of this Appendix A.
2. The License is granted for: (i) an indefinite period if you have purchased a MotionVFX Product on a standalone basis; or (ii) for the duration of the applicable Subscription Term if you are accessing the MotionVFX Product through a Subscription.
3. Each License permits you to download, install and use the applicable MotionVFX Product on one primary Device and one secondary Device that is owned by you, in each case for your exclusive use.
4. We are and remain the exclusive owner of all intellectual property rights in the MotionVFX Products and reserve all rights not expressly granted to you. The structure, organisation, and source code of our Products are valuable trade secrets which you agree to keep confidential.
5. You shall not use the MotionVFX Products other than as authorized under this Appendix A, nor:
   1. share, sell, rent, sublicense, or transfer the MotionVFX Products to any third party;
   2. install or use the Products on more Devices than your purchased Licenses permit, including by making them available over a network;
   3. copy (except as expressly permitted by this License), decompile, reverse-engineer, disassemble, or otherwise attempt to discover the source code of the Products;
   4. decrypt, modify, adapt, translate, or create derivative works based on the Products;
   5. use the Products in critical systems where a failure could lead to death, personal injury, or severe environmental damage including but is not limited to, nuclear facilities, air traffic control, or life support systems;
   6. use the Products to create content for sale on stock media marketplaces or to otherwise create any product or service that competes with our Products, such as video templates, plugins, similar assets or otherwise; or
   7. use the Products in a manner that you know or reasonably should know, generates, or is intended to generate, content that is unlawful, harmful or infringes, misappropriates or violates the rights of us or others.
6. If you breach any of the terms of paragraphs 3 to 5 above, the License automatically terminates without notice in accordance with Section 8.