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Draft – pending legal review

Terms of Use

Effective [EFFECTIVE DATE]

These terms are an agreement between you and ISLA Technologies [LLC] (“we”, “us”) about the SceneKick app and this website. By downloading or using SceneKick, you agree to them. If you don’t agree, please don’t use SceneKick.

If you got SceneKick from Apple’s App Store, section 12 also applies and takes priority where it differs.

1. Your license to use SceneKick

We give you a personal, non-exclusive, non-transferable license to use SceneKick for your own rehearsal and acting work, on devices you own or control, as allowed by the rules of the store you got it from (for Apple, the Usage Rules in Apple’s Media Services Terms and Conditions). You don’t own the app; we and our licensors do.

You may not copy, sell, rent or redistribute SceneKick, reverse engineer it except where the law allows, or use it to break the law.

2. Using SceneKick

Please don’t use SceneKick to:

  • break any law or anyone else’s rights;
  • share scripts or recordings you don’t have the right to share;
  • interfere with the app, our website or anyone else’s use of them.

3. Your scripts and recordings

Your scripts, scenes, run history and self-tapes are yours. They stay on your device. We don’t host, see or review them, and we claim no rights in them.

You’re responsible for having the right to import, use and share the scripts you put into SceneKick. Sides are often confidential: follow any confidentiality terms you agreed to with a production, casting office or agent, and only share a scene with your scene partner.

4. AI-generated audio

SceneKick’s reader is a synthetic, AI-generated voice. Self-tapes that include the reader’s audio are labelled as containing AI-generated audio. Don’t remove that label, and don’t use the reader’s audio, or anything you make with it, to impersonate a real person or to deceive anyone.

5. Third-party services

Some optional features use other companies’ services. Your use of them is covered by their terms, and you need to follow them when you use SceneKick:

  • ElevenLabs (optional cloud voices): used with your own ElevenLabs account and API key, under ElevenLabs’ terms. You’re responsible for your ElevenLabs account and any charges on it.
  • Hugging Face: the natural voice and Whisper models are downloaded from Hugging Face (terms).
  • Downloads use your internet connection, and your mobile carrier’s terms and data charges apply.

We’re not responsible for third-party services, and they may change or stop working.

6. Open-source software

SceneKick includes open-source software, such as the Kokoro voice model (Apache 2.0), WhisperKit (MIT) and the Courier Prime font (SIL Open Font License). Their licenses are listed in the app under Settings › About, and they apply to those components.

7. SceneKick Pro and subscriptions

SceneKick is free to download. Some features need SceneKick Pro, available as a Day Player pass (7 days, doesn’t renew), Guest Star (monthly) or Series Regular (yearly).

If you buy SceneKick Pro:

  • Billing. SceneKick Pro is bought and billed through the App Store with your Apple Account or through Google Play with your Google Account. The price, and for Guest Star and Series Regular the billing period, are shown before you confirm the purchase.
  • Day Player pass. The Day Player pass gives you SceneKick Pro for 7 days from purchase. It doesn’t renew, and you aren’t charged again.
  • Automatic renewal. Guest Star and Series Regular are subscriptions. Your subscription renews automatically at the end of each billing period, at the price then in effect, and your account is charged within 24 hours before the period ends, unless you cancel at least 24 hours before the end of the current period. It keeps renewing until you cancel.
  • How to cancel. On your iPhone, open the Settings app, tap your name, then Subscriptions, and choose SceneKick. You can also cancel in the App Store. Cancelling stops the next renewal, and you keep access until the end of the period you’ve paid for. On Android, open the Google Play Store app, tap your profile picture, then Payments & subscriptions › Subscriptions, and choose SceneKick.
  • Free trials. If a plan includes a free trial, it turns into a paid subscription at the end of the trial unless you cancel at least 24 hours before the trial ends. The price you’ll pay is shown before you start the trial.
  • Price changes. If the price changes, Apple (or Google) will tell you in advance, and where required, ask for your consent before charging the new price.
  • Refunds are handled by Apple under its policies, at reportaproblem.apple.com (or by Google for Google Play purchases). This doesn’t affect any refund rights you have by law.
  • Platforms. A subscription or pass bought on Apple devices doesn’t carry over to Android, or the other way round.
  • If SceneKick Pro ends. What you made stays yours. Your scripts, run history and recordings, self-tapes included, stay on your device, and you can still play them.

8. Changes to SceneKick

We work to keep SceneKick useful, but we may change, add or remove features. If we remove a feature that’s part of a paid subscription, we’ll tell you in advance.

9. Disclaimers

SceneKick is provided “as is” and “as available”. Speech recognition, script reading from PDFs and photos, and synthetic voices aren’t perfect. SceneKick may mishear you, misread a page, or move on at the wrong time. Check imported scripts against your sides. To the extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

10. Limitation of liability

To the extent the law allows, we aren’t liable for indirect, incidental, special or consequential losses, or for lost data, profits or opportunities, arising from your use of SceneKick. Our total liability to you for any claim is limited to the amount you paid us for SceneKick in the 12 months before the claim.

Nothing in these terms limits liability that can’t be limited by law, such as liability for death or personal injury caused by negligence, or for fraud.

If you’re a consumer in the EU, UK or another country with mandatory consumer protection laws, you keep all the rights those laws give you. Nothing in these terms takes them away, and sections 9 and 10 apply only as far as those laws allow.

11. Ending these terms

You can stop using SceneKick at any time by deleting it. Deleting the app doesn’t cancel a subscription: cancel it as described in section 7.

We may end your license if you seriously break these terms. Sections 3, 9, 10, 12 and 14 continue after these terms end.

12. Apple App Store terms

If you got SceneKick from Apple’s App Store, you and we agree that:

  1. Acknowledgement. These terms are between you and us only, not Apple. We, not Apple, are solely responsible for SceneKick and its content. These terms don’t give you usage rules that conflict with Apple’s Media Services Terms and Conditions.
  2. Scope of license. Your license is a non-transferable license to use SceneKick on Apple-branded products you own or control, as permitted by the Usage Rules in Apple’s Media Services Terms and Conditions, except that SceneKick may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
  3. Maintenance and support. We’re solely responsible for any maintenance and support for SceneKick, as described in these terms or required by law. Apple has no obligation to provide any maintenance or support for SceneKick.
  4. Warranty. We’re solely responsible for any product warranties, express or implied by law, to the extent not effectively disclaimed. If SceneKick fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation for SceneKick, and any other claims, losses, liabilities, damages, costs or expenses from a failure to conform to a warranty are our responsibility.
  5. Product claims. We, not Apple, are responsible for addressing any claims by you or a third party about SceneKick or your possession or use of it, including product liability claims, claims that SceneKick fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
  6. Intellectual property. If a third party claims that SceneKick or your possession and use of it infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.
  7. Legal compliance. You represent and warrant that you aren’t located in a country subject to a US Government embargo or designated by the US Government as a “terrorist supporting” country, and that you aren’t on any US Government list of prohibited or restricted parties.
  8. Developer name and address. Questions, complaints or claims about SceneKick go to: ISLA Technologies [LLC], [ADDRESS], [PHONE], support@scenekick.app.
  9. Third-party terms. You must comply with applicable third-party terms when using SceneKick, for example your wireless data service agreement and, if you use cloud voices, ElevenLabs’ terms.
  10. Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

If you got SceneKick from Google Play, Google Play’s terms also apply to your download and purchases there.

13. Changes to these terms

We may update these terms. We’ll post the new version here with a new effective date before it applies, and for material changes we’ll give you reasonable notice. If you keep using SceneKick after that, the new terms apply. If you don’t agree, stop using SceneKick and cancel any subscription.

14. Governing law

These terms are governed by the laws of the State of Florida, USA, without regard to its conflict-of-law rules. If you’re a consumer outside the US, you also keep the protection of the mandatory laws of the country where you live, and you can bring claims in your local courts.

15. Contact

ISLA Technologies [LLC], [ADDRESS]. Email support@scenekick.app.

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