Terms of Service

1. Overview of Services

Callaia provides advanced AI-powered script analysis services for film and TV studios, production companies, screenwriters, and others in the filmed content industry. Our services leverage cutting-edge artificial intelligence to analyze submitted scripts and provide actionable insights.

Key Features of Our Services:

• Script Analysis: Scripts submitted through our platform are processed using various data from Cinelytic’s comprehensive database of films, tv programs, talent, and other related data, as well as through the use of OpenAI’s Enterprise API.
• Data Security: Scripts are handled temporarily in memory on the Cinelytic system, passed to OpenAI models via a secure API, and deleted immediately after processing.
• Custom Insights: Users receive script analysis based on the parameters or features selected during submission. The script analysis report may be saved on Cinelytic’s servers at the discression of the user, and may be deleted permanently at any time. The user has the option of never saving the script analysis report on Cinelytic servers, and instead only downloading it to the user’s computer disk.

2. Acceptance of Terms

By accessing or using our services, you confirm that you:

1. Are at least 13 years old, or have permission to use Callaia from a parent or guardian, who must consent to agree to these Terms.
2. Have read, understood, and agree to these Terms, as well as our Privacy Policy and Cookie Policy.
3. Will comply with all applicable laws, regulations, and these Terms when using our services.

If you are using Callaia’s services on behalf of an organization, you confirm that you are authorized to act on behalf of that organization and to bind it to these Terms.

3. Ownership and Relationship

3.1 Callaia as a Cinelytic Product

Callaia operates as a product fully owned and managed by Cinelytic, a Delaware C Corporation. All rights, obligations, and liabilities outlined in these Terms are assumed by Cinelytic as the legal entity responsible for Callaia.

3.2 Contact Information

Cinelytic is registered at:
Cinelytic, Inc.
9255 W. Sunset Boulevard, Suite 1100
Los Angeles, CA, 90069
Email: contact@callaia.ai

4. User Responsibilities

To ensure the smooth and responsible use of Callaia’s services, you agree to:

• Provide accurate, complete, and lawful content for analysis.
• Use the services only for their intended purposes, and avoid submitting content that violates any applicable laws or third-party rights.
• Safeguard your account credentials and notify us immediately of unauthorized use or access.

Prohibited Activities

You may not:

1. Attempt to access, interfere with, or disrupt Callaia’s systems or services, including unauthorized access to accounts or data.
2. Submit malicious software, harmful code, or any other content that could damage our systems or compromise other users.
3. Reverse-engineer, copy, or replicate any part of Callaia’s services, including software, without express written permission.
4. Use our services for unlawful purposes, such as fraud, defamation, or copyright infringement.

5. Script Processing and Data Usage

5.1 Script Handling by Callaia

• Scripts submitted to Callaia are processed securely, using Cinelytic servers, and OpenAI’s Enterprise API.
• Scripts are handled in memory on Cinelytic’s servers during processing and are permanently deleted immediately after analysis.
• Callaia does not retain your script after processing.

5.2 OpenAI as a Data Processor

• OpenAI processes scripts as a third-party data processor under contractual obligations with Cinelytic.
• OpenAI will not use material that you upload to Callaia to train its AI. See OpenAI’s Enterprise Privacy Policy.
• OpenAI may save your information for a 30 day period to comply with its safety and security policies and local laws.
• While OpenAI adheres to enterprise-grade security standards, Cinelytic cannot be held responsible for errors, vulnerabilities, or breaches within OpenAI’s systems.

5.3 Data Protection Assurance

Scripts submitted to Callaia are not used for AI training, machine learning models, or any purpose beyond delivering the requested coverage analysis.

For more details, refer to our Privacy Policy.

6. Payment Terms

6.1 Pricing and Fees

The pricing for our services is displayed on Callaia website or provided during service agreements. Prices are subject to change with prior notice.

6.2 Payment Process

• Payments must be made using the methods provided on our website.
• Failure to complete payment may result in suspension or termination of your access to our services.

6.3 Refund Policy

Refunds are issued at our discretion and only in cases where services were not delivered as promised due to errors attributable to Callaia.

7. Intellectual Property

7.1 Ownership of Submitted Content

• You retain all intellectual property rights to the scripts and content you submit for analysis.
• By submitting content, you grant Cinelytic a temporary, non-exclusive license to process your scripts solely to deliver the requested services.

7.2 Ownership of Generated Content

• You retain all intellectual property rights to the script analysis reports generated by Callaia, whether you choose to save them on Cinelytic servers or not.

7.3 Ownership of Callaia’s Content

• All website content, software, designs, logos, and proprietary materials associated with Callaia are owned by Cinelytic or its licensors.
• You may not use, reproduce, distribute, or create derivative works from Callaia’s intellectual property without prior written consent.

8. Limitation of Liability

8.1 General Disclaimer

Callaia services are provided “as is” and “as available” without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.2 OpenAI Disclaimer

Cinelytic cannot be held liable for:

• Errors or vulnerabilities within OpenAI’s Enterprise API, or systems.
• Data breaches or unauthorized access caused by OpenAI systems.

8.3 Maximum Liability

To the fullest extent permitted by law, Cinelytic’s liability to you for any claims arising from your use of Callaia services will not exceed the total fees paid by you in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Cinelytic, its officers, directors, employees, and affiliates from any claims, damages, liabilities, or expenses arising from:

1. Your breach of these Terms.
2. Your use of the services.
3. Content you submit that infringes on third-party rights or violates applicable laws.

10. Termination of Services

10.1 By Cinelytic

We reserve the right to suspend or terminate your account without prior notice if:

• You violate these Terms.
• Your actions harm or risk harm to Cinelytic, its users, or its partners.

10.2 By You

You may terminate your account at any time by contacting us at contact@callaia.ai. Termination does not entitle you to refunds for previously completed services.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms are governed by and construed under the laws of the State of Delaware, without regard to its conflict of laws principles.

11.2 Dispute Resolution

• Disputes will be resolved through binding arbitration in the State of Delaware.

12. Modifications to Terms

Cinelytic may update these Terms periodically to reflect changes in our services, applicable laws, or operational practices. Updated Terms will be posted on this page with a revised effective date. Continued use of Callaia services constitutes acceptance of the updated Terms.

13. Contact Information

For questions, concerns, or complaints about these Terms, please contact us at:
Cinelytic, Inc.
9255 W. Sunset Boulevard, Suite 1100
Los Angeles, CA, 90069
Email: contact@callaia.ai

14. Entire Agreement

These Terms, along with our Privacy Policy , Data Processing Agreement, and Cookies Notice for Callaia, constitute the entire agreement between you and Cinelytic regarding your use of Callaia’s services, superseding any prior agreements or communications.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.