Terms of Service

Last updated: December 8, 2025

Introduction

Welcome to FilmHQ. These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you and FilmHQ OÜ ("FilmHQ", "we", "us", or "our") governing your access to and use of the FilmHQ platform, websites, mobile applications, and related services (collectively, the "Service").

Please read these Terms carefully before using our Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" or "your" shall refer to such entity.

1. Definitions

For the purposes of these Terms:

"Account" means a unique account created for you to access our Service.
"Affiliate" means any entity that controls, is controlled by, or is under common control with a party.
"Client" means a business entity that subscribes to our B2B Services.
"Client Data" means all data, content, and information uploaded, submitted, or stored by a Client or its Users through the Service.
"Consumer" or "B2C User" means an individual who uses our consumer-facing portals and services.
"Content" means any information, text, graphics, photos, videos, or other materials uploaded, downloaded, or appearing on the Service.
"Intellectual Property Rights" means all patent rights, copyrights, trademarks, trade secrets, and other intellectual property rights.
"Service" means the FilmHQ platform, including all websites, applications, APIs, and related services.
"Subscription" means a paid plan that provides access to specific features of the Service.
"User" means any individual who creates an Account or accesses the Service.

2. Description of Service

2.1 Platform Overview

FilmHQ is a film distribution management platform that provides:

For Business Clients (B2B):

Film catalog and release management
Marketing campaign planning and execution
Cinema showtime tracking and analytics
Box office performance data and reporting
Creative asset management (via Frame.io integration)
Social media content distribution
Multi-language content management
Financial tracking and settlement tools

For Consumers (B2C):

Film discovery and information
Cinema showtime listings
Movie preferences and wishlists
Localized content in Estonian, Latvian, Lithuanian, English, and Russian

2.2 Service Availability

We strive to maintain high availability of the Service, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

Scheduled maintenance (we aim to provide advance notice)
Unscheduled maintenance or emergency repairs
Factors beyond our reasonable control

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. For material changes that negatively affect paying Clients, we will provide at least 30 days' notice where practicable.

3. Account Registration

3.1 Account Creation

To use certain features of the Service, you must create an Account. When creating an Account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your Account information
Keep your password confidential and secure
Accept responsibility for all activities under your Account
Notify us immediately of any unauthorized access

3.2 Account Types

Business Accounts (B2B):

Require a valid business entity
May include multiple Users under a single Client account
Are subject to Subscription fees

Consumer Accounts (B2C):

Available to individuals aged 16 or older
Currently offered free of charge
Subject to feature limitations

3.3 Account Restrictions

You may not:

Create multiple Accounts for the same entity without authorization
Share Account credentials with unauthorized persons
Use another person's Account without permission
Create Accounts through automated means
Create Accounts using false or misleading information

3.4 Account Termination by User

You may terminate your Account at any time through your Account settings or by contacting us. Upon termination:

Your access to the Service will be revoked
Your data will be retained and deleted in accordance with our Privacy Policy
No refunds will be issued for prepaid Subscription periods (except as required by law)

4. Subscriptions and Payments (B2B Clients)

4.1 Subscription Plans

We offer various Subscription plans with different features and pricing. Current plans and pricing are available on our website. We reserve the right to modify pricing with 30 days' notice to existing Clients.

4.2 Billing

Subscriptions are billed in advance on a monthly or annual basis
All fees are quoted and payable in Euros (EUR) unless otherwise agreed
Invoices are sent via email to the billing contact on your Account
Payment is due within 14 days of invoice date unless otherwise agreed

4.3 Payment Methods

We accept:

Credit cards (Visa, Mastercard, American Express)
Bank transfers (SEPA)
Other methods as agreed in writing

4.4 Taxes

All fees are exclusive of applicable taxes (including VAT). You are responsible for paying all taxes associated with your Subscription. For EU-based Clients, valid VAT numbers must be provided for reverse charge mechanism.

4.5 Failed Payments

If payment fails:

We will notify you and attempt to collect payment again
If payment remains outstanding for 14 days, we may suspend your access
If payment remains outstanding for 30 days, we may terminate your Account
You remain liable for all outstanding amounts

4.6 Refunds

Annual Subscriptions: Pro-rata refund available within 30 days of initial purchase if Service does not meet documented specifications
Monthly Subscriptions: No refunds for partial months
All refund requests must be submitted in writing to billing@filmhq.pro

4.7 Free Trials

We may offer free trials of our Service. At the end of the trial period:

Your Account will convert to a paid Subscription unless you cancel
You will be notified before conversion
Trial periods cannot be extended without our written consent

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service only for:

Lawful purposes consistent with these Terms
Film distribution, marketing, and exhibition management (B2B)
Personal, non-commercial discovery of film information (B2C)

5.2 Prohibited Conduct

You agree NOT to:

General Prohibitions:

Violate any applicable laws, regulations, or third-party rights
Use the Service for any fraudulent or deceptive purpose
Impersonate any person or entity
Interfere with or disrupt the Service or servers
Circumvent any security measures or access controls
Reverse engineer, decompile, or disassemble the Service
Use the Service to transmit malware or malicious code
Scrape, harvest, or collect data without authorization
Use automated systems (bots, crawlers) without permission
Resell or redistribute the Service without authorization

Content Prohibitions:

Upload content that infringes intellectual property rights
Upload illegal, harmful, or offensive content
Upload content depicting child exploitation or abuse
Upload content promoting violence, hatred, or discrimination
Upload content containing personal data without consent

Data Processing Prohibitions:

Process personal data in violation of applicable data protection laws
Process sensitive personal data (health, biometric, etc.) through the Service unless explicitly authorized
Use the Service to send unsolicited marketing communications (spam)
Transfer personal data to countries without adequate protection (without proper safeguards)

5.3 Enforcement

We reserve the right to:

Investigate suspected violations
Remove or disable access to violating content
Suspend or terminate Accounts that violate these Terms
Report illegal activity to law enforcement
Cooperate with legal authorities

6. Intellectual Property Rights

6.1 FilmHQ Ownership

FilmHQ and its licensors retain all right, title, and interest in:

The Service and all underlying technology
FilmHQ trademarks, logos, and branding
All software, designs, and documentation
Aggregated and anonymized data derived from the Service

6.2 Client Data Ownership

Clients retain all right, title, and interest in their Client Data. By uploading Client Data, you grant FilmHQ a non-exclusive, worldwide license to:

Store, process, and display Client Data as necessary to provide the Service
Create backups and redundant copies for operational purposes
Generate anonymized, aggregated insights (not attributable to you)

This license terminates when you delete Client Data or terminate your Account (subject to backup retention periods).

6.3 Consumer Content

If you submit reviews, ratings, or other content as a Consumer, you grant FilmHQ a non-exclusive, perpetual, royalty-free license to use, reproduce, and display such content in connection with the Service.

6.4 Third-Party Content

The Service may contain content owned by third parties (e.g., film metadata, images, trailers). Such content is subject to the intellectual property rights of its respective owners. FilmHQ does not claim ownership of third-party content.

6.5 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant FilmHQ an unrestricted, perpetual, royalty-free license to use such feedback for any purpose without obligation to you.

6.6 DMCA / Copyright Infringement

If you believe content on the Service infringes your copyright, please contact:

Copyright Agent: Email: legal@filmhq.pro Subject: "Copyright Infringement Notice"

Please include:

Description of the copyrighted work
Location of the infringing content on the Service
Your contact information
A statement of good faith belief
A statement of accuracy under penalty of perjury
Your signature (electronic or physical)

7. Third-Party Services and Integrations

7.1 Third-Party Integrations

The Service integrates with various third-party services, including but not limited to:

Frame.io (Adobe) for creative asset management
YouTube for video content
Meta (Facebook, Instagram) for social media
TikTok for social media
Google Ads for advertising
TMDB for film metadata
Cinema operator systems

7.2 Third-Party Terms

Your use of third-party integrations is subject to the terms and conditions of those third parties. We are not responsible for the availability, accuracy, or content of third-party services.

7.3 API Use

If you access our API:

You must comply with our API documentation and rate limits
API access may require additional agreements
We may modify or discontinue API access with notice
You are responsible for securing your API credentials

8. Data Processing

8.1 Privacy Policy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.2 Data Processing Agreement (B2B)

For Business Clients, processing of personal data on your behalf is governed by our Data Processing Agreement (DPA), available upon request. The DPA forms part of these Terms.

8.3 Data Security

We implement industry-standard security measures to protect your data. However, no system is completely secure. You are responsible for:

Maintaining the security of your Account credentials
Ensuring appropriate access controls for your Users
Backing up critical data as you deem necessary

8.4 Data Portability

Upon request, we will provide an export of your Client Data in a commonly used, machine-readable format within 30 days.

8.5 Data Deletion

Upon Account termination:

Client Data will be deleted within 180 days (paid accounts) or 60 days (free/trial accounts)
Backup copies will be deleted within 90 days thereafter
We may retain data as required by law or for legitimate business purposes (e.g., billing records)

9. Confidentiality

9.1 Definition

"Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or should reasonably be understood to be confidential.

9.2 Obligations

Each party agrees to:

Protect the other party's Confidential Information using reasonable care
Not disclose Confidential Information to third parties without consent
Use Confidential Information only for purposes of this Agreement
Return or destroy Confidential Information upon termination

9.3 Exclusions

Confidential Information does not include information that:

Is or becomes publicly available without breach
Was rightfully known before disclosure
Is rightfully received from a third party
Is independently developed without use of Confidential Information

9.4 Compelled Disclosure

A party may disclose Confidential Information if required by law, provided it gives reasonable notice (where permitted) and cooperates in limiting disclosure.

10. Warranties and Disclaimers

10.1 Our Warranties

FilmHQ warrants that:

The Service will perform substantially in accordance with the documentation
We have the right to provide the Service
The Service will be provided with reasonable skill and care
We will comply with applicable laws in providing the Service

10.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR COMPLETENESS OF DATA
UNINTERRUPTED OR ERROR-FREE OPERATION

10.3 Third-Party Content Disclaimer

We do not warrant the accuracy, completeness, or reliability of any third-party content accessed through the Service, including film metadata, showtimes, or pricing information.

10.4 Beta Features

We may offer beta or preview features that are provided "as is" without warranty. Beta features may be modified or discontinued without notice.

11. Limitation of Liability

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FILMHQ, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
COST OF SUBSTITUTE SERVICES
DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR DATA

11.2 Liability Cap

FILMHQ'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED:

For paid Subscriptions: The fees paid by you in the 12 months preceding the claim
For free services: €100 EUR

11.3 Exceptions

The limitations above do not apply to:

Liability for death or personal injury caused by negligence
Fraud or fraudulent misrepresentation
Any liability that cannot be excluded by law
Breaches of Section 5 (Acceptable Use Policy)

11.4 Allocation of Risk

The limitations of liability reflect the allocation of risk between the parties and are an essential basis of the bargain between us.

12. Indemnification

12.1 Your Indemnification

You agree to indemnify, defend, and hold harmless FilmHQ and its Affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Client Data uploaded by you or your Users
Your violation of applicable laws

12.2 Our Indemnification (B2B Clients)

For Business Clients, FilmHQ agrees to indemnify you against claims that the Service infringes any third-party intellectual property rights, provided:

You notify us promptly of the claim
You give us sole control of the defense and settlement
You provide reasonable assistance at our expense

We have no obligation if the claim arises from:

Modifications you made to the Service
Combination with non-FilmHQ products
Your continued use after being notified of alternatives
Use in violation of these Terms

12.3 Remedies

If the Service is found to infringe or we believe it may infringe, we may at our option:

Obtain the right for you to continue using the Service
Modify the Service to be non-infringing
Replace the Service with a functional equivalent
Terminate your Subscription and refund prepaid fees pro-rata

13. Term and Termination

13.1 Term

These Terms commence when you first access the Service and continue until terminated.

For Subscriptions:

Monthly Subscriptions automatically renew each month
Annual Subscriptions automatically renew each year
Either party may terminate with 30 days' notice before the renewal date

13.2 Termination by You

You may terminate your Account at any time by:

Using the Account deletion feature in settings
Contacting support@filmhq.pro

13.3 Termination by FilmHQ

We may terminate or suspend your Account:

Immediately if you breach these Terms
Immediately if required by law
With 30 days' notice for any other reason

13.4 Effect of Termination

Upon termination:

Your right to access the Service ceases immediately
All licenses granted to you terminate
Outstanding payment obligations remain due
We will delete your data per our Privacy Policy
Sections 6 (IP), 9 (Confidentiality), 10 (Warranties), 11 (Liability), 12 (Indemnification), 14 (Disputes), and 15 (General) survive termination

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of law provisions.

14.2 Jurisdiction

Any disputes arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the courts of Tallinn, Estonia.

14.3 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@filmhq.pro to attempt informal resolution. We will endeavor to resolve disputes within 30 days.

14.4 Class Action Waiver (B2C)

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14.5 Consumer Rights

If you are a consumer in the European Union, you may be entitled to use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

Nothing in these Terms affects your statutory rights as a consumer that cannot be waived or limited by contract.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and any applicable DPA, constitute the entire agreement between you and FilmHQ regarding the Service and supersede all prior agreements.

15.2 Amendments

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be notified by email or in-app notice at least 30 days before taking effect. Your continued use of the Service after changes take effect constitutes acceptance.

15.3 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision shall not constitute a waiver.

15.4 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

15.5 Assignment

You may not assign or transfer 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.

15.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except for our Affiliates and indemnified parties.

15.7 Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet failures.

15.8 Notices

Notices to FilmHQ must be sent to:

Email: legal@filmhq.pro
Mail: FilmHQ OÜ, Tööstuse 47D-15, 10416 Tallinn, Estonia

Notices to you will be sent to the email address on your Account.

15.9 Language

These Terms are provided in English. If translated into other languages, the English version prevails in case of conflict.

15.10 Export Compliance

You agree to comply with all applicable export laws and regulations. You may not use the Service if you are located in a sanctioned country or are on any prohibited party list.

16. Contact Information

If you have questions about these Terms, please contact us:

General Support: Email: support@filmhq.pro

Legal Matters: Email: legal@filmhq.pro

Postal Address: FilmHQ OÜ Tööstuse 47D-15 10416 Tallinn Estonia

Registration Number: 17108523 VAT Code: EE102796694

These Terms of Service were last updated on December 8, 2025.