Terms Of Use

 

 

Last updated: April 22, 2026

Service name: Cinemerce ("Cinemerce," "we," "us," or "our")
Operated by: Brightmode Pty Ltd (ACN 689 954 756)
Contact: support@cinemerce.com
Postal address: PO Box 5088, Bentleigh East, Victoria, Australia 3165

These Terms of Use ("Terms") govern your access to and use of the Cinemerce application (the "App"), distributed through the Shopify App Store, and our website at https://cinemerce.com (the "Site"). By installing, accessing, or using the App or Site, you agree to be bound by these Terms. If you do not agree, do not install or use the App.

1. Who these Terms apply to

These Terms apply to the Shopify merchant account on which the App is installed, and to any authorized users who access the App on behalf of that merchant (together, "you" or the "Merchant"). The person who installs the App represents that they are authorized to bind the Merchant to these Terms.

These Terms do not modify your agreement with Shopify. Your use of Shopify and its services remains governed by Shopify's own terms and policies.

2. The service

Cinemerce helps Shopify merchants produce 360° orbit video content from product images. Core features include:

  • Selecting products and images from the Merchant's Shopify catalog for orbit-video generation.
  • Configuring generation settings such as camera angles and output parameters.
  • Running rendering jobs through our AI rendering infrastructure.
  • Uploading generated videos to Shopify Files and optionally attaching them to products.

We may add, remove, or modify features of the App over time. If a change materially reduces functionality you rely on, we will make reasonable efforts to notify you in the App or by email.

3. Eligibility and account

To use the App, you must:

  • Operate a valid Shopify store;
  • Be at least the age of majority in your jurisdiction (or 18, whichever is greater);
  • Have authority to install apps on the Shopify store in question; and
  • Comply with Shopify's terms, your local laws, and these Terms.

When you install the App, you authorize Cinemerce to access your Shopify store's products, product media, and Shopify Files in accordance with the permissions you grant during OAuth. You may revoke this authorization at any time by uninstalling the App from your Shopify admin.

4. Plans, credits, and billing

4.1 Subscription plans

Cinemerce is offered through paid monthly subscription plans (currently Starter, Growth, and Scale). Plan names, prices, and credit allowances are displayed on the App's Plans page and on the Shopify-hosted plan selection page. Prices are charged in US dollars unless otherwise stated.

4.2 Credits

Each plan includes a monthly allowance of rendering credits. One (1) credit is consumed per successfully-started orbit video render, regardless of the number of camera angles in that video. Credits:

  • Are added when your subscription activates and on each renewal of your billing cycle.
  • Reset at the start of each billing cycle and do not roll over unused balances into the next cycle, except as described in Section 4.3.
  • Are not redeemable for cash and have no value outside the App.
  • May be consumed by failed renders that Shopify or our rendering infrastructure has already billed us for; where a render fails due to a fault on our side, we will refund the credit at our reasonable discretion.

We also provide a one-time free intro credit to each newly-installed store so you can try the App before subscribing. The free credit is available only once per store.

4.3 Upgrades and downgrades

You can change plans at any time from the App or Shopify's plan selection page. When you upgrade mid-cycle, your new plan's monthly credit allowance is issued immediately. When you downgrade mid-cycle, your credit balance adjusts to the new plan's allowance. Proration of fees is handled by Shopify under Shopify's Managed Pricing rules.

4.4 Payment and cancellation

All payments are processed by Shopify under Shopify's billing terms. Cinemerce does not collect or store payment card details.

You may cancel your subscription at any time from the App or from Shopify's billing settings. Cancellation takes effect at the end of your current billing cycle. Uninstalling the App automatically cancels any active Cinemerce subscription through Shopify's system.

4.5 Development stores and test charges

When the App is installed on a Shopify development (partner) store, Shopify treats any plan selection as a test charge. You are not actually billed for subscriptions on development stores; test charges exist solely to let you verify the billing flow without real payment.

4.6 Refunds

Except where required by law or expressly stated in these Terms, fees paid through Shopify are non-refundable. If you believe a charge is incorrect, contact us at support@cinemerce.com within 30 days so we can investigate.

5. Your content and rights

5.1 Input content

You retain all rights you hold in the product images, product information, and other content you provide to the App ("Input Content"). By using the App, you grant Cinemerce a limited, non-exclusive, worldwide, royalty-free license to access, copy, transmit, and process your Input Content solely to provide the App's features to you — including transmitting image URLs to our AI rendering providers to generate videos.

You represent and warrant that you have the rights necessary to submit each piece of Input Content and to authorize the processing described in these Terms, and that your Input Content does not infringe any third party's rights or violate any law.

5.2 Generated output

Subject to your compliance with these Terms, Cinemerce assigns to you the rights we hold in the orbit video outputs generated from your Input Content ("Output Content"), to the extent we are able to do so under our agreements with our AI rendering providers. You are responsible for using Output Content in accordance with applicable laws and the terms of any third-party licenses that apply to your Input Content.

You acknowledge that AI-generated output is probabilistic in nature, may contain artefacts or imperfections, and may vary between generations. We make no guarantee that a specific visual result will be produced on a given render, and retrying a render consumes an additional credit unless we determine the failure was caused by us.

5.3 Similar output for other users

Given the nature of AI generation, other users of our AI rendering providers may independently produce outputs that are similar to yours. Cinemerce does not claim exclusivity over visual styles, motion patterns, or compositional conventions generally used in product video.

6. Acceptable use

You agree not to use the App or Site to:

  • Violate any applicable law, regulation, or third-party right (including intellectual property, privacy, and publicity rights);
  • Upload or process content that depicts minors in a sexualized manner, promotes violence or hate, or is otherwise unlawful;
  • Attempt to reverse-engineer, decompile, or extract the source code of the App (except to the extent expressly permitted by law);
  • Use the App or its outputs to train a competing AI model or rendering service;
  • Resell or sublicense access to the App to third parties outside of your own Shopify store;
  • Circumvent or attempt to circumvent credit limits, free-trial eligibility, or billing controls;
  • Send malware, probe or scan our infrastructure, or otherwise compromise the security or integrity of the App.

We may suspend or terminate your access to the App if we reasonably believe you have breached this section, or if Shopify requires us to.

7. Our intellectual property

The App, the Site, our trademarks, and all underlying software, designs, and documentation are owned by Brightmode Pty Ltd or our licensors and are protected by copyright, trademark, and other laws. These Terms do not grant you any right to our trademarks or branding except as necessary to identify Cinemerce as a service you use.

8. Third-party services

Cinemerce relies on third-party platforms and services — most notably Shopify for OAuth, file hosting, and billing, and AI rendering providers for video generation. Your use of the App is subject to those providers' own terms and policies. We are not responsible for the acts, omissions, pricing, or availability of any third-party service, and we do not guarantee uninterrupted access to any third-party functionality.

9. Privacy

Our processing of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. You acknowledge that you have reviewed the Privacy Policy before installing the App.

10. Disclaimers

The App and Site are provided "as is" and "as available". To the maximum extent permitted by law, Cinemerce disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, and that the App will be uninterrupted, error-free, secure, or that any particular visual result will be produced.

We do not warrant that Output Content will be suitable for any particular commercial use, will comply with the requirements of any specific marketplace or advertising platform, or will perform well with your customers. Assessment of suitability is your responsibility.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other law that cannot be lawfully excluded.

11. Limitation of liability

To the maximum extent permitted by law:

  • Cinemerce and its affiliates, officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages; or for any loss of profits, revenue, goodwill, business opportunity, data, or anticipated savings, arising out of or relating to your use of the App, Site, or Output Content, even if we have been advised of the possibility of such damages.
  • Our aggregate liability to you for all claims arising out of or relating to the App or these Terms (whether in contract, tort, statute, or otherwise) will not exceed the greater of (a) the fees you paid to us through Shopify in the twelve (12) months before the event giving rise to the claim, or (b) AU$100.

Where liability cannot be excluded under Australian law (for example, for breach of a non-excludable consumer guarantee), our liability is limited, at our option, to the re-supply of the services or the payment of the cost of re-supplying the services.

12. Indemnity

You agree to indemnify and hold Cinemerce and its affiliates harmless from any third-party claim, demand, or proceeding (including reasonable legal costs) arising out of or relating to:

  • Your Input Content or your use of Output Content;
  • Your use of the App or Site in breach of these Terms or applicable law;
  • Your breach of any representation, warranty, or obligation under these Terms.

13. Suspension and termination

You may terminate these Terms at any time by uninstalling the App from your Shopify admin.

We may suspend or terminate your access to the App, with or without notice, if:

  • We reasonably believe you have breached these Terms;
  • Shopify requires us to do so;
  • Continued operation of your account poses a legal, security, or reputational risk to us or our users; or
  • We discontinue the App.

On termination, your right to use the App ceases immediately. Sections that by their nature should survive (including Sections 5.1, 5.2, 7, 10, 11, 12, 13, and 15) will survive termination.

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you in the App or by email before the changes take effect. Your continued use of the App after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App.

15. Governing law and disputes

These Terms are governed by the laws of the State of Victoria, Australia, without regard to conflict-of-laws rules. You and Cinemerce submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and the courts competent to hear appeals from them, for any dispute arising out of or relating to these Terms or the App. Nothing in this section prevents either party from seeking urgent injunctive relief in any competent court.

16. Miscellaneous

  • Entire agreement. These Terms (together with the Privacy Policy and any plan-specific terms presented to you at purchase) constitute the entire agreement between you and Cinemerce regarding the App and supersede any prior understandings on the same subject.
  • Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • No waiver. Our failure to enforce any right or provision of these Terms will not be a waiver of that right.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
  • Relationship. Nothing in these Terms creates a partnership, agency, joint venture, or employment relationship between you and Cinemerce.
  • Notices. Legal notices to Cinemerce must be sent to support@cinemerce.com and to the postal address above. Notices to you may be delivered through the App, by email to the address associated with your Shopify account, or by posting on the Site.

17. Contact

Brightmode Pty Ltd (ACN 689 954 756)
Address: PO Box 5088, Bentleigh East, Victoria, 3165 Australia
Email: support@cinemerce.com