Terms of Service

These terms are the agreement between you and Filmatic covering the Filmatic website, the Filmatic app, and everything we make available through them (together, the “Service”). Filmatic’s accounts on social media platforms, such as Instagram, are not part of the Service. By creating an account or otherwise using the Service you accept these terms and our Privacy Policy. If you do not accept them, do not use the Service.

1. What the Service is

The Filmatic app is a discovery service for movies and TV shows. It builds a model of your taste from what you tell it you like, suggests movies and shows you are likely to enjoy, and indicates which streaming services carry a title in your country.

The Service is currently in testing and is provided free of charge. It is not a finished product. Features may change, appear or disappear without notice, and data created during testing may be reset. Nothing in these terms obliges us to maintain any particular feature, to keep the Service free, or to continue operating it at all. If we introduce paid features we will publish separate terms for them and will not begin charging you for something you already have without asking you first.

2. Eligibility and your account

You must be at least 16 years old to create an account. If you are under the age of majority where you live, you may use the Service only with the consent of a parent or guardian who accepts these terms on your behalf. You must not use the Service if you are barred from doing so under any applicable law, export control or sanctions regime.

You may hold one account, and creating additional accounts to evade a suspension or restriction is a breach of these terms. You are responsible for your account and for everything done through it: keep your credentials secure, give us an email address you control, and tell us promptly if you believe someone else has accessed your account. You may close your account at any time.

3. Acceptable use

You must not, and must not permit or assist anyone else to:

• scrape, crawl, harvest or bulk extract any part of the Service or its data, or access it by automated means beyond what an ordinary human reader would generate;
• reverse engineer, decompile, probe or otherwise attempt to derive, reconstruct or approximate our recommendation model, its weights, its embeddings, its training process or any underlying data;
• use the Service, or anything obtained from it, to build, train, evaluate, benchmark or improve any competing product, dataset, index or model;
• resell, sublicense, rent, lend or redistribute the Service or any data within it;
• circumvent any rate limit, access control, authentication or usage restriction;
• interfere with the Service or its infrastructure, including by degrading performance or probing for vulnerabilities without our written permission;
• create or upload anything unlawful, defamatory, hateful, harassing, obscene or infringing;
• impersonate any person or misrepresent your affiliation, or remove, obscure or alter any proprietary notice.

The restriction on competing use survives the end of your use of the Service.

We may enforce this section by any means available to us, including immediate suspension, technical countermeasures and applications for injunctive relief. You accept that a breach of the restrictions on scraping, reverse engineering or competing use would cause us harm that damages alone cannot adequately remedy, and that we may seek an injunction without proving actual loss.

Security research. If you find a vulnerability, we would rather you told us than exploited it. Email [email protected].

4. Text and data mining, and AI training

We expressly reserve all rights to carry out, and to authorise, text and data mining of the Service and its contents, including for the purposes of training, fine tuning, grounding or evaluating any machine learning system. This is a reservation of rights under Article 4(3) of Directive (EU) 2019/790 and any equivalent provision in any other jurisdiction. It applies to the whole of the Service, whether accessed by a person or by software, and is expressed in machine-readable form under the W3C TDM Reservation Protocol.

We permit search engines and answer engines to crawl the public pages of filmatic.io in order to index them and to cite them, with attribution, in search results and generated answers. Our robots.txt states which crawlers we currently allow to reach the site, and any wider permission we choose to give there is given on these terms and may be narrowed or withdrawn at any time. It does not extend to the app, which sits behind authentication. Save for what robots.txt expressly allows, nothing on the site or in the app may be used as training data or ingested into any model or dataset without our prior written licence.

5. Intellectual property

What is ours. The Filmatic name and logo, the interface and designs, the software, the recommendation model and its weights and embeddings, our editorial curation, and all documentation are owned by us or our licensors and are protected by copyright, database, trade mark and trade secret law. These terms grant you no rights in any of it beyond a personal, revocable, non-transferable, non-exclusive licence to use the Service as intended.

Derived data. We own, outright and permanently, everything we generate from activity on the Service that does not identify any individual, including aggregated statistics, models, model weights, embeddings, benchmarks and insights computed across users. This ownership is not affected by, and survives, the closure of your account and the deletion of your personal data. Your rights over your own personal data are set out in the Privacy Policy and are not limited by this paragraph.

Third-party material. Movie and show metadata, synopses, credits, posters and artwork, and streaming availability data, are licensed from third-party data providers and remain theirs. We do not own that material and we cannot sublicense it to you. Your use of it through the Service is limited to personal, non-commercial viewing inside the Service. This product uses TMDB and the TMDB APIs but is not endorsed, certified, or otherwise approved by TMDB. Streaming availability data is provided by JustWatch, via TMDB, and by Watchmode.

Independence. The Filmatic app is independent of the streaming services, studios and distributors whose titles it shows. None of them owns it, operates it or endorses it, and none of them pays to influence which movies and shows the app recommends, how it ranks them, or where it shows a title as available. Where we link to such a service, that link takes you to a third-party site governed by its own terms, for which we are not responsible.

Our social media channels. Filmatic also publishes on social media platforms, such as Instagram. Content there may include paid partnerships with streaming services, studios and other brands, labelled as each platform requires. Those partnerships belong to those channels only. They do not extend to the app, and they never decide what the app recommends, how it ranks titles, or where it shows a title as available.

Partner links. Some links in the app are affiliate links, for example to NordVPN or Amazon, and each one is labelled where it appears. If you buy or subscribe through one, we may earn a commission. The partner, not Filmatic, supplies what you buy, on its own terms. A partner may also run a streaming service of its own, as Amazon does with Prime Video. That changes nothing above: a commission never decides which movies and shows the app recommends, how it ranks them, or where it shows a title as available. As an Amazon Associate, Filmatic earns from qualifying purchases.

6. Your content

You keep ownership of what you create in the Service, meaning your lists, notes and ratings (“Your Content”).

To operate the Service you grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt and display Your Content for the purpose of providing and improving the Service, and to generate derived data from it. The licence over the content itself ends when you delete the content or your account, apart from copies in backups that expire on the schedule in our Privacy Policy. The licence over derived data already generated does not end, because derived data does not identify you.

You confirm that you have the rights necessary to grant that licence and that Your Content does not infringe anyone else’s rights. We may remove or refuse any content that we reasonably consider breaches these terms, exposes us to legal risk, or is the subject of a credible complaint, and we will tell you where we reasonably can.

7. Feedback

If you send us ideas, suggestions, bug reports or feature requests, you assign them to us, and where an assignment is not effective you grant us an unrestricted, perpetual, irrevocable, royalty-free licence to use them for any purpose without attribution or compensation. Do not send us anything you consider confidential or expect to be paid for.

8. No warranty

Recommendations are algorithmic suggestions. They are not professional advice, not guarantees of quality, and not a promise that you will enjoy anything.

Streaming availability, content ratings and movie and show metadata come from third parties, change constantly, and may be incomplete or wrong. We do not warrant that any movie or show is available on a given service, in your country, at the price shown, or at all, and you should not rely on age classifications to decide what is suitable for a child. Always check with the service itself.

The Service is provided “as is” and “as available”. To the fullest extent permitted by law we exclude all representations, warranties, conditions and terms not expressly stated here, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, uninterrupted or error-free operation, and non-infringement. We may suspend the Service for maintenance and may change, add, degrade or remove any feature at any time; where a change materially reduces what the Service does for you, we will give reasonable notice where it is practical to do so.

9. Your indemnity to us

To the fullest extent permitted by law, you will indemnify us and our officers, employees and contractors against all losses, liabilities, damages, costs and reasonable legal fees arising out of or in connection with your breach of these terms, Your Content including any claim that it infringes a third party’s rights, your use of the Service in a way these terms do not permit, and any third-party claim arising from something you did through the Service. We will tell you promptly about any claim to which this applies, and you will not settle any claim in a way that imposes an obligation on us without our written agreement.

If you are a consumer, this section applies only to the extent the law allows it to apply to you, and nothing in it affects your statutory rights.

10. Limits on our liability

Nothing in these terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for gross negligence or wilful misconduct. Subject to that, and to the fullest extent permitted by law:

• we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data, opportunity, wasted expenditure or damage to goodwill, however arising;
• we are not liable for anything arising from a third party — a streaming platform, an app store, a metadata provider, or an infrastructure provider — or from your reliance on availability data or metadata that turns out to be wrong;
• we are not liable for any loss arising from your failure to keep your credentials secure, or from use of your account by someone you allowed to use it;
• our total aggregate liability for all claims, whether in contract, tort including negligence, or otherwise, is limited to the greater of the total amount you have paid us in the twelve months before the claim arose — currently nothing, as the Service is free — or fifty euro (€50). That is a single aggregate cap, not a cap per claim;
• any claim must be brought within twelve months of the date you first became, or ought reasonably to have become, aware of the facts giving rise to it.

If you are a consumer in the EU or the UK, you have statutory rights that these terms do not affect, including rights in respect of services that are not as described or not supplied with reasonable care. The caps and the claims window above apply only to the extent the law permits, and where they conflict with your statutory rights, those rights prevail.

11. Suspension and termination

You may stop using the Service and delete your account at any time.

We may suspend or terminate your access immediately and without prior notice if we reasonably consider that you have breached sections 2, 3 or 4, that your use is unlawful, that it threatens the security, integrity or performance of the Service, or that it exposes us to legal or regulatory risk. For any other breach we will give you notice and a reasonable opportunity to put it right where practical. We may also discontinue the Service, in which case we will give reasonable notice and a window in which to export your data.

If we terminate your account other than for breach, you may export your data first. If we terminate it for breach, we may decline to restore access, and you remain able to exercise your data rights under the Privacy Policy. Sections 4, 5, 7, 9, 10, 12 and this section survive termination, together with any provision that by its nature is intended to survive.

12. General

• Events outside our control. We are not liable for any failure or delay caused by something outside our reasonable control, including failure of a hosting, network or third-party API provider, a cyber attack, a change in law, industrial action, war, civil unrest, epidemic or natural event.
• Transfer. We may assign, novate or transfer this agreement to any affiliate or to any party acquiring all or substantially all of our business or assets, without your consent. You may not assign or transfer it or any right under it.
• Governing law. These terms and any dispute arising out of them are governed by the laws of the Republic of Cyprus, and the courts of Cyprus have jurisdiction. If you are a consumer resident in the EU, you may bring proceedings in the courts of the country where you live, we may only bring proceedings against you there, and you keep the protection of the mandatory consumer law of your own country.
• Before litigating. Please email [email protected] first. Nearly everything is resolvable that way.
• Changes. If a change materially affects your rights we will tell you by email or in the app at least 30 days before it takes effect, and continuing to use the Service after that date means you accept the new version. Other changes, such as clarifications, corrections and changes required by law, apply from the date shown at the top.
• Severability and waiver. If any provision is found unenforceable it is modified to the minimum extent necessary to make it enforceable, or severed if that is not possible, and the rest continues to apply. If we do not enforce a provision, that is not a waiver of it.
• Entire agreement. These terms, together with the Privacy and Cookie Policies, are the whole agreement between us about the Service and replace anything said before. Nobody other than you and us may enforce them. These terms are written in English and the English version prevails over any translation.

13. Contact

General: [email protected] · Data and privacy: [email protected] · Legal: [email protected]