Terms of Service

1.1 Service Description: Kinemat.ai (the "Company") provides a software-as-a-service (SaaS) platform that allows Real Estate Agents ("Users") to input a public property listing URL. The Service extracts data and images ("Listing Data") from that URL to generate a marketing video ("Output Video") for use on social media and websites.

1.2 Independent Processor: The Company is an independent technology provider. We are not affiliated with, endorsed by, or partnered with third-party real estate portals (e.g., realestate.com.au, Domain).

1.3 Automated Processing: The Service processes data "on the fly." The Company does not store, host, or maintain a database of the Listing Data once the Output Video has been rendered and delivered to the User.

1.4 Acceptable Use: Your use of the Service is also governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. Failure to comply with the AUP may result in immediate termination of access.

2.1 Ownership Warranty: By providing a URL to the Service, the User warrants and represents that they:

• Are the authorized listing agent for the property described in the URL;
• Hold all necessary licenses and permissions to use, reproduce, and transform the Listing Data (including professional photography and branding) into a video format;
• Have the right to grant the Company a temporary license to process such data for the sole purpose of providing the Service.

2.2 Third-Party Terms: The User is solely responsible for ensuring that their use of the Service (including the scraping of the target URL) does not breach the Terms of Use, Robots.txt files, or any contractual obligations they have with the source website.

3.1 Subscription Basis: Access to the Service is provided on a recurring subscription basis. This is an Indefinite Term Contract that will auto-renew unless cancelled.

3.2 Upfront Disclosure:

• Initial Term: 1 Month
• Renewal: Automatic at the then-current rate.
• Cancellation: Users may cancel at any time via the "Billing" section of the User Dashboard. Cancellation must be processed at least 24 hours before the next billing cycle.

3.3 Easy Cancellation: In accordance with the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026, the Company ensures that the process to cancel a subscription is as straightforward as the process to sign up. No "subscription traps" or unreasonable barriers are permitted.

3.4 Refunds: As the Service provides immediate value through video rendering, the Company does not offer refunds for partial billing periods or for videos rendered from incorrectly provided URLs.

4.1 "As-Is" Data: The Service relies on automated web scraping. The Company does not warrant the accuracy, completeness, or reliability of the data extracted (e.g., land size, room counts).

4.2 Review Requirement: The User must review every Output Video for accuracy before publishing it. The Company is not liable for any misleading or deceptive conduct claims under the Australian Consumer Law (ACL) resulting from errors in the scraped data.

4.3 Music Licensing: The Company provides license-free music for use in Output Videos. This license is limited to the terms provided by our third-party music providers. Use of the music outside of the Output Video is strictly prohibited.

5.1 Software IP: The Company retains all rights, title, and interest in the software, algorithms, and "look and feel" of the Service.

5.2 Output Ownership: The Company claims no ownership over the final Output Video. Once rendered, the User is granted a perpetual, white-labeled license to use the Output Video for the marketing of the specific property listing.

5.3 No Branding: The Output Video is provided white-labeled; however, the User may not claim they authored the underlying video generation technology.

6.1 Compliance: The Company complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

6.2 Data Usage: We only use agent names and phone numbers scraped from the URL to populate the Output Video as directed by the User.

6.3 Transparency (APP 1.7): Pursuant to 2026 updates to the APPs, we disclose that automated processing is used to generate the video content. No "Automated Decision Making" that significantly affects a consumer’s legal rights is performed by this tool.

7.1 User Indemnity: The User agrees to indemnify and hold harmless the Company against any and all claims, damages, or legal fees arising from:

• The User’s unauthorized scraping of a website;
• Copyright infringement related to the Listing Data;
• Any misleading or deceptive marketing claims made via the Output Video.

7.2 Limitation of Liability: To the maximum extent permitted by law, including the ACL, the Company’s total liability for any claim under these terms is limited to the amount paid by the User for the Service in the 12 months preceding the claim.

8.1 National Scope: These Terms are governed by the laws in force in the Commonwealth of Australia.

8.2 Jurisdiction: For the purposes of legal proceedings, the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia. This ensures a single point of legal contact while maintaining coverage across all Australian states and territories.