Terms of Use and Sale

These Terms of Use and Sale (hereinafter “TOU/TOS”) govern access to and use of the CINEGENY platform (hereinafter “the Platform”), published by Emmanuel Smadja LTD (hereinafter “the Company” or “CINEGENY Studio”), a company registered in Israel under company number 336519525 [precise legal form and share capital to complete], whose registered office is at [address to complete].

Any registration or use of the Platform implies unreserved acceptance of these TOU/TOS. If you do not accept these terms, please do not use the Platform.

Article 1 — Purpose of the service

CINEGENY is an online service combining two complementary activities:

• a generative cinema studio allowing a creator to produce a trailer or a film using artificial-intelligence tools, in the form of creation packages;
• a community viewing platform where the public discovers, votes and watches works, and where creators are paid according to the real audience of their films.

The Platform involves six economic flows: (1) film creation by packages, (2) viewing subscriptions, (3) the 50 % payout to creators, (4) advertising, (5) a marketplace of services and assets, and (6) crowdfunding / co-production. Each is described below.

Article 2 — Registration and user accounts

2.1. Registration conditions

Registration is open to any natural person aged at least sixteen (16). Receiving money (payouts, withdrawals, marketplace earnings) is reserved to users aged at least eighteen (18) with a valid payment account. The user undertakes to provide accurate, complete and up-to-date information.

2.2. Account security

The user is solely responsible for the confidentiality of their login credentials. Any activity carried out from their account is deemed carried out by them. If fraudulent use is suspected, the user must inform the Platform without delay at [support email to complete].

Article 3 — Film creation (packages)

Creation of a work is done by purchasing a creation package corresponding to a deliverable (trailer or film) of a set duration. Each package opens a production envelope dedicated to the project, allowing generation of the shots that make up the work. Prices, durations and volumes of each package are those shown on the pricing page at the time of purchase and prevail.

Creation packages are digital services performed immediately. Under consumer law, the user acknowledges, by starting production, waiving the right of withdrawal for the part of the service already performed. [Precise withdrawal and refund terms to be completed by a lawyer.]

Article 4 — Viewing subscriptions

4.1. The three tiers

Viewing is offered in three tiers: Free, Essential ($2/month or $20/year) and Cinephile ($7/month or $70/year). The catalogue is unlimited on every tier, with no film quota. The prices in force are those shown on the Subscriptions page at the time of subscription.

4.2. One-click cancellation

Under applicable law in the European Union, the user may cancel their subscription at any time, in a single click, from their personal space. Cancellation takes effect at the end of the period already paid; no further charge is made.

4.3. Right of withdrawal

The consumer user has a fourteen (14) day withdrawal period from subscription. As this is digital content supplied immediately, the user who asks to access the service before the end of that period (first viewing) expressly waives the right of withdrawal for the period started. [Precise notices to be completed by a lawyer.]

Article 5 — Free films with advertising and product placement

The viewing model is ad-funded freemium: the whole catalogue is accessible for free, funded by ads. The Platform serves two categories of advertising messages:

• Embedded ads (product placement integrated into the work): two per film, present on all tiers, including paid ones. They never interrupt the film and are marked “P” (product placement), in accordance with the Audiovisual Media Services Directive (AVMS).
• Interruptive ads: up to four per film on the Free tier only. They disappear entirely from the Essential tier (zero cuts on paid tiers).

Every ad is labelled “Advertisement”. Targeting is exclusively contextual (genre, language of the work): the Platform does no behavioural profiling and serves no targeted ads to minors. Each campaign is subject to prior moderation before serving, and an ad registry is publicly consultable, in accordance with the Digital Services Act (DSA). [This article describes the intended operation of the ad network; its actual rollout is progressive and to be validated by a lawyer.]

Article 6 — Payout to creators (50 %)

Each month the Platform pays out 50 % of its shareable net revenue (subscriptions and advertising) to creators, under a “viewer-centric” model: each paying subscriber's net contribution is split among only the films they actually watched, pro rata of watch time. Payouts are monthly, via Stripe Connect, with withdrawals in steps of $50 and a chargeback reserve of 10 days.

The formula and a numbered example are explained on the How creators are paid page. Each creator has a transparent statement of their earnings. [Actual rollout of withdrawals is progressive and the final terms remain to be validated by a lawyer.]

Article 7 — Marketplace (services and assets)

The Platform offers a marketplace connecting creators with providers (creative missions) and allowing purchase of assets. Amounts are held in escrow until delivery is validated, then paid to the provider. The Platform takes a 10 % commission on each transaction, for operating costs and payment security. In a dispute, the Platform may decide between payment and refund.

Gift codes, credited as credits usable on the Platform, may be issued up to $50 per code with a validity of 12 months. [Actual rollout of the marketplace is progressive and to be validated by a lawyer.]

Article 8 — Co-production and crowdfunding

An eligible film may open an all-or-nothing crowdfunding campaign with rewards. If the goal is reached, the net amount is allocated to the creator's production budget; if not, contributions are fully refunded. In the initial version, rewards are non-financial (material or symbolic). Opening a campaign is decided case by case by the Platform. [Detailed terms, caps and any revenue share to complete and validate with a lawyer.]

Article 9 — Ownership of works and “Delegated Studio” mode

By default, a film created on the Platform is managed in Delegated Studio mode: under these TOU, the creator entrusts the Platform with exploiting the work (distribution, monetisation, featuring). Our commitment to the creator is:

The creator therefore always keeps an exit door: they can switch their film to Independent mode and take back full control of its exploitation, on the terms provided for that purpose. The exact terms of the exploitation assignment, takeover and management of economic and moral rights remain [to specify and validate with a lawyer].

Article 10 — Skill contests

Contests organised on the Platform are skill contests, not lotteries: the result involves no chance and is decided exclusively by valid public votes. No prize or prize pool is announced uncovered: any prizes are presented only after legal validation. The full rules of each contest are published when it opens. [Template rules to have validated by a lawyer.]

Article 11 — User obligations

The user undertakes to:

• Comply with these TOU/TOS and applicable law;
• Not impersonate a third party or provide false information;
• Not create, submit or distribute illicit, defamatory, discriminatory, pornographic content, or content that infringes third-party rights (in particular the image of real persons without their consent);
• Not use bots, automated scripts or any other means aimed at manipulating votes, audience or remuneration;
• Respect third-party intellectual-property rights in created works.

Any breach may lead to suspension or deletion of the account and, where applicable, legal proceedings, without prejudice to amounts legitimately due.

Article 12 — Personal data

The Platform collects and processes personal data in compliance with the General Data Protection Regulation (GDPR). For details of processing and to exercise your rights, please see our Privacy Policy and our Cookie Policy.

Article 13 — Account termination

The user may delete their account at any time from their personal space. Deleting the account does not waive amounts already due (payouts, marketplace earnings) nor legal retention obligations. The Platform may suspend or terminate an account in case of breach of these TOU/TOS, following a fair procedure. [Precise terms to be completed by a lawyer.]

Article 14 — Governing law and disputes

These TOU/TOS are governed by the law [to specify]. Any dispute relating to their interpretation or performance shall be submitted to the competent courts, subject to mandatory rules protecting consumers residing in the European Union. If a dispute is not resolved, the consumer may use a free consumer mediator whose details will be communicated. [Mediation clause and jurisdiction to be completed by a lawyer.]

Article 15 — Contact

For any question about these TOU/TOS, you can contact us:

• By email: [email to complete]
• By mail: Emmanuel Smadja LTD (CINEGENY Studio) — [address to complete]