Resale of MotionVFX Products is PROHIBITED.
- Website — website located at www.motionvfx.com owned and operated by MotionVFX.
- User — a natural person, legal person or entity with no legal personality using MotionVFX services / purchasing MotionVFX Products via Website.
- mInstaller — an application that allows you to conveniently manage MotionVFX Products and manage product licenses, fix common installation and usage issues and informs the users about product releases/updates and promotions.
- MotionVFX — an enterprise incorporated in Poland, under the name: MotionVFX sp. z o.o., with registered address: Twarda 18, 00‑105 Warsaw, Poland. Company No.: 0000861722, Tax ID: PL 5252837154.
- MotionVFX Products — 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 unless they are subject to separate terms.
- Terms — these terms and conditions regulating the usage of the Website, mInstaller and MotionVFX Products.
- Host Software — a compatible third party software required to use MotionVFX Products (for example: Apple Motion, Apple Final Cut Pro, DaVinci Resolve, Adobe Premiere Pro, Adobe After Effects).
- Workstation — a single workstation, on which the licensed software can be installed.
- mCredits — discount points that User can exchange for a discount on the purchase price of MotionVFX Products.
Each time we use these capitalized words in this text, we use them in the sense described in this section.
- Purchase of MotionVFX Products is possible only after registering on the Website. You need to create an account and provide us with the basic personal and contact data in order to purchase MotionVFX Products and make proper payment.
- User accounts without any active paid licenses will be deleted by us on a regular basis. We will try — when reasonably viable — to notify you via an email message if your account is scheduled for such deletion.
Your account may be deactivated and/or your license for MotionVFX Products may be blocked by us in case of:
- Breach of these Terms or license agreement for MotionVFX Products (details of the license agreement are set out below),
- Problems with payment for your purchase (especially in case of the “Pay in 4” option),
- Safety reasons (for example if we detect suspicious or fraudulent activity on/related to your account).
- In order to use our services, you need to be over 16 years old and you have to use proper hardware with a connection to the Internet.
- By logging to your account, you can view MotionVFX Products owned by you, view your purchase history and download invoices.
- You need the latest version of the Host Software you are purchasing the product for. By accepting these Terms, you confirm that you understand and accept that not every element of MotionVFX Products may be published and ready to use in Final Cut Pro/ Adobe Premiere and that you may need to own Apple Motion/ Adobe After Effects to fully customize the MotionVFX Products. Full customization of DaVinci Resolve products is only possible through manual editing of the macro settings contained in drfx package — yet this is not recommended and we do not take responsibility for the changes User makes in a file code.
- Demo versions of the MotionVFX Products may contain a watermark and/or may have limited functionality.
- All sales are final. Due to the fact that we sell software, purchases are non-refundable and are not eligible for exchange to money and/or mCredits and/or a different MotionVFX Product.
- When purchasing a MotionVFX Product, you are simultaneously purchasing a license for the usage of that MotionVFX Product. Details of the license agreements are set out below.
“Pay in 4” is a payment option which allows selected Users to pay for purchases of selected value in 4 equal installments:
- This option may not be available in your country/region or for your specific purchase,
- It is available only for selected payment methods,
- The first payment is charged when we complete your order (this usually happens instantly),
- The next 3 payments will be charged automatically, in equal time increments after your first payment (information about the current offer, incl. payment time increments can be found on the Website and in the confirmation email sent after the purchase),
- MotionVFX charges no interest and no fees with “Pay in 4” option,
- If you fail to make a payment of any installment, MotionVFX will make 2 attempts to complete the payment — after 3 and 6 days from the original payment date,
- If these 3 attempts fail, we will block your MotionVFX account and it could be recovered only by paying the outstanding amount of your installments,
- MotionVFX keeps the right to offer the “Pay in 4” option, at its own discretion.
- Depending on your payment method, your financial institution may charge you interest and/or fees under your agreement with them. If you have any questions about those charges, please contact your financial institution/ payment method provider.
- After creating an account, you will receive mCredits (an amount is defined in the current promotion communicated on the Website). mCredits may be exchanged for a discount during the checkout process — 1 mCredit gives you a 1‑dollar discount on your purchase.
License agreement — this license defines the conditions for the use of MotionVFX Products sold on the Website.
- Read this License for MotionVFX Products before using them. By agreeing to the following Terms, you acknowledge the validity of this agreement, as well as each document signed by you. If you do not agree to the Terms of this License, do not use MotionVFX Products.
- It is the responsibility of the User to thoroughly read the Terms before the use of MotionVFX Products.
- MotionVFX is the owner of all intellectual property rights to MotionVFX Products. Copying, downloading and installing the Products, as well as using the intellectual property rights to the MotionVFX Products is only possible under these Terms. The structure, organization and source code of MotionVFX Products is confidential and is the property and valuable trade secret of MotionVFX, the violation of which may constitute an act subject to criminal and civil liability.
- MotionVFX Products, the documentation accompanying the License for the MotionVFX Products, on a data carrier, in read‑only memory, on any other data carrier or in any other form are sold under a License by MotionVFX for use in accordance with the Terms, and MotionVFX reserves all rights to the MotionVFX Products. Rights granted to the User shall be limited to any intellectual property developed using MotionVFX Products. By acquiring the right to the data carrier containing MotionVFX Products, MotionVFX retains all rights to MotionVFX Products. The Terms also include any changes and improvements in later versions of the MotionVFX Products, unless MotionVFX introduces a separate License, which will abolish and replace the Terms, but this must be expressly reserved in a separate license. Otherwise, these Terms are applicable.
- This License allows you to install and use the MotionVFX Products only on the number of Workstations corresponding to the number of purchased Licenses. It is forbidden to install and use the MotionVFX Products on more Workstations than the number of purchased Licenses.
- MotionVFX, however, allows you to install the purchased license on a second Workstation of the same owner for training purposes (e.g. on your laptop when the first installation was performed on a desktop machine). It is not permitted to share/use MotionVFX Products in any way that would allow their use on a larger number of Workstations than the number of the purchased Licenses. It is not permitted to share the MotionVFX Products in a network in such a way as to allow their use on a larger number of Workstations than the number of the purchased Licenses.
- The User has the right to make one backup copy of the MotionVFX Products, provided that it will not be installed or used, and will be utilized solely for backup purposes, in case of loss, destruction or damage to the original MotionVFX Products, provided that the copy will contain all the information regarding the ownership and copyrights contained in the original.
- The MotionVFX Products are not designed for use in nuclear devices, air navigation, communication systems, air traffic control systems, life support equipment, or any devices in which the errors of the MotionVFX Products could lead to death, injury, pollution, or any damage to property of the User or third parties.
- The User agrees not to use the MotionVFX Products in a manner other than as authorized under this License, and in a manner inconsistent with its intended purpose or documentation. Beyond the possibilities explicitly described in the License, or regulated by law, it is prohibited to copy, decompile, or take the MotionVFX Products apart into elements of the code, to modify, create programs based on the MotionVFX Products or any part thereof, as well as to make translations of the MotionVFX Products. The User has no right to use reversing and/or decompiling and/or disassembly techniques, and/or make any other attempt to discover the source code of the MotionVFX Products. The User has no right to separate any part of the MotionVFX Products to be used in a way that is incompliant with this License, in particular for use on other computers or other Host Software/environment.
- The User may use MotionVFX Products for commercial purposes for a specific client, but this License under no circumstances allows to create content which will be sold to unmarked recipients (in particular by using stock image/video marketplaces) in order for them to use this content for any purposes — especially it is prohibited to use, pre‑render or flatten images created using MotionVFX Products for use in/as a template, stock media or a plugin. The License does not allow the creation of templates using the MotionVFX Products, as well as selling them on web portals.
- Under no circumstances does the License allow the creation of competitive products. In particular, the license forbids creating Apple Motion, Adobe After Effects or DaVinci Resolve templates, Quicktime files, Final Cut Pro, Adobe Premiere Pro or DaVinci Resolve plugins, applications and any products similar to MotionVFX Products, regardless of whether they are created exclusively for private use or in connection with commercial operations, gainful activity or services rendered.
- It is prohibited to sell, license, rent, sublease or share MotionVFX Products in any way — both for a fee and for free. Copies available for promotional purposes may only be used for demonstration, testing and evaluation of their functionality and may not be resold or used for commercial purposes.
- The Terms are valid until the expiry of the agreement. This License will terminate automatically without notice from MotionVFX in case of breach by the User of any of its Terms. In the event of termination, the User should immediately discontinue the use of the MotionVFX Products and destroy all copies, in whole or in part, under pain of exposure to legal liability.
- The User agrees to install and use MotionVFX Products at their own risk, at the same time accepting the quality, efficiency and ease of use of the MotionVFX Products. In addition to the limited warranty described in the License and aspects regulated by law, the User accepts the MotionVFX Products in the form provided by MotionVFX, including any latent defects and without warranty of any refund. MotionVFX does not guarantee in particular that the MotionVFX Products will meet the expectations regarding their use, accuracy, correctness, uptime, compatibility with products from other manufacturers or that any errors in the MotionVFX Products will be corrected in the future. No written or oral advice or information given by MotionVFX is an entitlement for reimbursement. Some jurisdictions do not allow waiver of a warranty, in cases governed by consumer law the above disclaimer may not apply.
- Apart from the cases regulated by law, MotionVFX disclaims any liability for personal injury or any (accidental, deliberate or indirect) losses, such as loss of profits, data, business turbulence, or any other commercial or personal losses associated with the use or incompetent use of the MotionVFX Products, even in case of notifying MotionVFX of the ensuing danger. Some jurisdictions do not allow disclaimer of liability for personal injury, resulting from an accident or the consequences of use of the MotionVFX Products. In connection with this, the above disclaimer may not apply in some cases.
- This License and the Terms constitute the entire agreement between the parties relating to the MotionVFX Products and supersedes all prior and simultaneous agreements regarding this aspect.
Pursuant to Art. 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (also referred to as "GDPR") we inform:
- The controller, that is the entity deciding how your (as a User) personal data will be processed, is MotionVFX with its registered office at Twarda 18, 00‑105 Warsaw, Poland, available also under the address: www.motionvfx.com.
- In the matters related to data protection, you can contact the controller by writing at the following address:
- email address: firstname.lastname@example.org,
- postal address: 00‑105 Warsaw, Twarda 18, Poland.
We process your personal data because it is necessary for the performance of the contract concluded with you (Article 6, paragraph 1, item b) of GDPR). Your personal data will be processed for the purpose of:
- enabling the provision of service by electronic means and full use of MotionVFX Products and the Website, including performing transactions and obtaining licenses for the goods available on the Website,
- creating and managing your account or accounts and ensuring the service of your account, transactions and technical support,
- handling your complaints, if you submit them,
- responding to your notifications and questions,
- sending information about MotionVFX Products by electronic means, such as newsletter or mInstaller push notifications,
- contacting you, also for the purposes related to the provision of services,
- enforcing MotionVFX’s rights (for example, in the event of fraud or license violations).
- In addition, we are required (Article 6, paragraph 1, item c) of GDPR) to process your personal data for tax and accounting purposes.
- We do not use data for profiling and/or automatic decision making in any way.
- We obtain the data from you during the creation of your account, during your use of mInstaller, as well as in connection with your transactions performed in the Website, including obtaining licenses for MotionVFX Products available in the Website.
The following personal data will be processed:
- contact details: first name and surname, postal address and email address,
- information about payments and payment history,
- information about orders and licenses,
- IP address and connection dates/times,
- hardware, operating system and some of its settings as well as installed Host Software.
We can share your personal data with other entities that will process them, in particular:
- national or other authorities authorized by law: for the purpose of fulfilling our obligations (e.g. inspection authorities, tax offices),
- contractors supporting us in our operations — for example, we use cloud services to host the Website and system, we use external solutions for telecommunication and customer relations management/support, we use a merchant of record, an accounting company and virus scanning solutions (which we use to scan our communication with you, including all incoming files/data).
- Personal data will be stored for the period of performance of obligations and for full five years due to requirements of tax and accounting regulations.
- As the controller of your personal data, we provide the right to access your personal data, obtain a copy of it, rectify it, request its removal or limit its processing.
- You may also exercise the right to object to the controller against the processing of your data and the right to transfer data to another data controller. In the event of voluntary consent, you have the right to withdraw consent to the processing of data at any time, which does not affect the lawfulness of the processing, which was made on the basis of the consent before its withdrawal. We would also like to inform you that you have the right to lodge a complaint with the authority supervising compliance with the provisions on the protection of personal data.
- You have the right to: lodge a complaint to the President of the Personal Data Protection Office in Poland (Prezes Urzędu Ochrony Danych Osobowych), if you believe that the processing of personal data violates the provisions of the GDPR.
- In order to exercise the above‑mentioned rights, you can report such a need at the controller’s office: 00‑105 Warsaw, Twarda 18, Poland or send the application by email to the following address: email@example.com.
- By accepting these terms and conditions, you automatically agree to be added to our newsletter mailing list, at any time and without any additional notification. You can resign from receiving future emails concerning for example promotions, MotionVFX Products releases/updates by clicking the link contained in each newsletter and changing your settings accordingly. Moreover, you can resign from receiving messages such as mInstaller push notifications sent by mInstaller by changing mInstaller settings accordingly. In addition, we will continue to send you service‑related messages, including but not limited to the registration email, information about obligations, emails automatically triggered by actions performed on the Website, and payment-related notifications. In general, you cannot resign from such communication, as it is not of promotional nature. If you do not wish to receive such messages, you can request the disabling of your account.
- We use remote support software in order to provide you with necessary support. Each time we will ask for your explicit consent and if you give your consent, please note that we will gain temporary access to your computer and the resources available to it. We stipulate that such actions are taken at your request and risk.
- For detailed information on managing cookie settings, please contact the manufacturer of the web browser installed on the User’s end device or see the help file included with the web browser software by its manufacturer.
- Cookies are small text files sent by a web server and stored on the User’s end device, allowing to identify the device and thus recognize the User’s individual preferences. Cookies are used on the Website, in particular, to authenticate the User on the Website, carry out transactions through the Website, for optimization of the Website, to increase the efficiency of the Website’s services in order to provide them at the highest possible level and to provide the User with maximum comfort in the use of the Website and its functions.
- Cookies generally do not carry a risk to the User’s end device, especially on the part of the so-called computer viruses, because due to the nature of cookies it is unlikely to infect User’s end device only by the acceptance of cookies by the web browser installed on the User’s end device.
- The Website uses two types of cookies — session cookies and permanent cookies. Session cookies are temporary files that remain on the User’s end device until the User logs out from the Website or turns off the browser, when they are deleted. Permanent cookies are stored on the User’s end device for a time specified in the cookies parameters, or until they are manually removed by the User.
We use Google Analytics. For more information on how Google uses data, please refer to the following website: https://policies.google.com/
- MotionVFX to display content from YouTube does not collect any user data for that purpose nor does it send any user data to YouTube via YouTube API Services. This does not rule out that various online third-party services, including YouTube might take advantage of the fact that the User is logged in to those services while using MotionVFX website simultaneously — you need to refer to settings or privacy policies of the respective third-party services the User is logged into.
The User can file a complaint regarding our services by writing at the following address:
- email address: firstname.lastname@example.org,
- postal address: 00‑105 Warsaw, Twarda 18.
- We will give the User a formal response as fast as possible but no later than within 14 days from receiving the complaint. We will respond via email or by writing — depending what the User has requested in the complaint.
User being a consumer may initiate out‑of‑court proceedings to solve a complaint and enforce action. Information on how to initiate such proceedings and on the procedures applicable to dispute settlement can be found at http://www.uokik.gov.pl in the “Consumer dispute settlement” tab. The User may also use the EU ODR platform available at http://ec.europa.eu/
- The Agreement relating to our services provided under these Terms shall be governed by law applicable to MotionVFX and by court in whose jurisdiction MotionVFX is located.
- From time to time, we will review and amend these Terms. Each time, we will inform you about the changes and send out new Terms at least 15 days before they will be effective.