Terms and Conditions

Introduction

The following Terms of Service (referred to as "Terms") regulate your usage of uCinema LLC services, encompassing any content, features, and services provided on or through https://www.ucinema.com/ (referred to as "Service," “Website,” or "Site").

The Privacy Policy (referred to as "Policy") outlines how uCinema LLC may utilize and disclose information collected about all users and visitors through the Site.

We reserve the right to modify these Terms and/or Policy periodically by notifying you of such changes through reasonable means, such as posting revised Terms or Policy on the Site. Any alterations will not affect any disputes between you and us that arose prior to the date of posting the revised Terms or Policy or notifying you of such changes by other means.

We reserve the right to modify these Terms and/or Policy periodically by notifying you of such changes through reasonable means, such as posting revised Terms or Policy on the Site. Any alterations will not affect any disputes between you and us that arose prior to the date of posting the revised Terms or Policy or notifying you of such changes by other means.

These Terms establish the binding agreement between you (the "Client") and us (the "Company" “We”) regarding your use of all services offered, including:

By accessing or utilizing any of our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Services

We offer a comprehensive range of services to meet your unique needs. Here's a general overview:

Company offers a variety of creative services including but not limited to:

Project Scope & Deliverables

For each project, we will work with you to establish a detailed scope of work (SOW) outlining the specific deliverables, timelines, and costs. This SOW will be incorporated into a formal project agreement signed by both parties.

Free Maintenance (Web/App/Robot Development only)

We provide a complimentary three (3) month maintenance period following project completion for web, app, and robot development services. This maintenance covers bug fixes and minor technical issues stemming directly from our development process.

Important Exclusions:

Client Content Usage (Video/Photography Production only)

Upon your approval of the final video or photography deliverables, we reserve the right to utilize these materials for our own marketing purposes, including website galleries, case studies, and promotional materials. However, we fully respect your ownership of the content and offer you the option to opt out of such usage.

To Opt Out: You can choose to opt out of having your content used for our marketing purposes by submitting a written notification to us. We will then enter into a separate agreement with you acknowledging your opt-out request.

Intellectual Property Rights

We maintain ownership of all intellectual property rights associated with our Services, including code, design elements, and methodologies developed by us.

You retain full ownership of your content, such as video footage, photographs, and any text or data provided to us for project completion.

Warranties & Disclaimers

Our Services are provided "as is" and "as available." We make no express or implied warranties regarding the Services, including their functionality, compatibility, security, or performance.

Limitation of Liability

Subject to the extent permitted by applicable law, we, along with our officers, directors, employees, parent company, affiliates, successors, assigns, or licensors, shall not be held liable to you or any third party for any indirect, special, incidental, consequential, exemplary, or punitive damages, including but not limited to damages for loss of goodwill, service disruption, computer failure or malfunction, loss of business profits, loss of data or business information, loss of additional software or computer configurations, or expenses related to obtaining substitute goods or services, arising from or related to these terms. This includes any and all commercial damages or losses associated with the use of the website.

However, notwithstanding any contrary provision herein, in no event shall our overall liability (inclusive of our officers, directors, employees, parent company, and affiliates) for any claim arising from or related to these terms exceed the total amount, if any, paid by you for the use of the services, to the fullest extent permitted by applicable law.

Term and Termination

These Terms remain binding for the duration of your use of our Services.

Termination by Us: We reserve the right to terminate your access to our Services at any time, with or without cause.

Termination by You: You may choose to terminate your use of our Services at your discretion.

Dispute Resolution

Any disputes arising out of or related to these Terms will be governed by and construed in accordance with the laws of Puerto Rico. In the event of any dispute arising out of or related to these Terms, the parties agree to attempt to resolve the dispute through good faith negotiation. If the parties are unable to reach a resolution through negotiation, the dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

Confidentiality

We understand the importance of confidentiality. Both you (the "Client") and we (the "Company") agree to maintain the confidentiality of all non-public information disclosed during the course of the project. This includes, but is not limited to:

We will not disclose any Confidential Information to any third party without your prior written consent. You agree to take reasonable precautions to protect Confidential Information from unauthorized disclosure.

Both parties agree to hold all Confidential Information in strict confidence. "Confidential Information" includes all information disclosed by one party to the other that is designated as confidential or that a reasonable person would understand to be confidential.

Payment Terms

Payment Methods: We accept payment via bank transfer, credit card, and online payment processor.

Payment Schedule:

For projects requiring a deposit:

For projects providing proof first:

Late Payment Fees: A late payment fee of 2% per month will be applied to any outstanding balance thirty (30) days past the due date.

For avoidance of doubt and generality, payment shall be processed through Stripe.

Additional Fees

Client agrees to reimburse Company for any reasonable out-of-pocket expenses incurred in connection with the performance of the services (e.g., travel, equipment rental). A detailed breakdown of such expenses will be provided to Client for approval before they are incurred.

Revision Policy (Video/Photography Production only)

We strive to deliver high-quality results that meet your expectations. Your project includes 2 rounds of revisions for video and photography deliverables. Additional revisions beyond the included number will be subject to an hourly rate of $50 per hour.

Force Majeure

Neither party will be held liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by an event beyond its reasonable control, including, but not limited to:

The affected party will use reasonable efforts to minimize the impact of the Force Majeure event.

Independent Contractor

The Company is acting as an independent contractor and not as an employee of the Client. The Client has no right to control the manner and method by which the Company performs the Services.

Updates to Terms of Service

We reserve the right to update these Terms and Conditions at any time. We will notify you of any changes by posting the revised Terms on our website or sending you an email notification. Your continued use of the Services after the revised Terms are posted constitutes your agreement to the revised Terms.

Exclusion of Liability For External Links

The Site may make available or provide links to third party websites, content, services, or information (“Third Party Materials”). uCinema LLC does not control, and is not responsible for, any Third-Party Materials, and the availability of any Third-Party Materials on the website does not imply endorsement of, or affiliation with, the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk.

No Solicitation

During the term of this Agreement and for one year following its termination, Client agrees not to solicit or hire any of Company's employees or subcontractors who have performed services for Client.

Indemnity

Client agrees to indemnify, defend, and hold harmless the Released Parties from any and all claims, demands, losses, liabilities, costs, or expenses (including attorneys' fees) arising out of or in any way connected with:

Representations and Warranties

Client represents that:

Governing Law

This Agreement shall be governed by the laws of Puerto Rico without regard to its conflict of law provisions.

Miscellaneous

Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

Severability: : If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Waiver: No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

Notices: All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, postage prepaid, or sent by overnight courier service to the addresses set forth below:

Acceptance of Privacy Policy and Terms & Conditions

By making a payment, Client acknowledges that they have read and accepted uCinema's Privacy Policy and these Terms & Conditions.

Authorization for Recording and Use of Content

Client grants Company a non-exclusive, worldwide, royalty-free license to record Client's voice, video, and photograph during the performance of services. This license includes the right to use the Content for deliverables, Company’s marketing materials, and Client case studies. Client retains the right to withdraw consent at any time by providing written notice to Company.

Location and Family Member Authorization

Private Property: Separate written permission will be obtained for filming on private property.

Public Property: Necessary permits from local authorities will be obtained if applicable.

Adults (18+): Written consent will be obtained from each adult family member to be filmed or photographed.

Minors (Under 18): Written consent will be obtained from the legal guardian of each minor involved.

Client agrees to notify all individuals present at the filming location that filming or photography will take place.

Contact Us

If you have any questions about these Terms and Conditions, please contact us at support@ucinema.com, or reach us by phone at +1.787.333.0933 (Puerto Rico) or 1.307.888.8860+ (USA and other countries).

By making a payment via Stripe, you (the "Client") acknowledge that you have read and accepted the following Terms and Conditions of uCinema LLC (the "Company").

By proceeding with the payment, Client agrees to these Terms and Conditions.