Terms of Service

1. Who we are, who you are

GetReelCom is operated by Samba Intelligence Holding B.V., a private limited company under Dutch law, registered with the Dutch Chamber of Commerce (KvK) under number 96702761, with its registered office at Pelsakker 23, 4834 AG Breda, the Netherlands ("GetReelCom", "we", "us"). Contact: [email protected].

"Customer" (or "you") is the business, organisation or professional that creates an account or otherwise uses the Service. The Service is offered exclusively to businesses (B2B). By using the Service you represent that you act in the exercise of a profession or business and not as a consumer. Consumer-protection rules do not apply to this agreement. If you accept these terms on behalf of an organisation, you represent that you are authorised to bind that organisation.

"Service" means the GetReelCom web application, API and website, through which you can build a company profile (brand, products and services, audiences, venues and characters), and generate scripts, character avatars, frames and video clips using artificial-intelligence models ("Output") based on materials and instructions you provide ("Input").

2. Applicability of these terms

These Terms of Service, together with the Privacy Policy and — where you upload personal data — the Data Processing Agreement, form the entire agreement between you and us. They apply to every account, subscription, quote, and use of the Service, and prevail over any purchase conditions or other general terms of the Customer, which are expressly rejected.

Articles 6:227b(1) and 6:227c of the Dutch Civil Code do not apply.

3. Account and access

• You must provide accurate account information and keep it current.
• You are responsible for everything that happens under your account and organisation, including use by your team members. Keep credentials confidential and notify us at once of suspected unauthorised use.
• We may refuse, suspend or close accounts that violate these terms, present a security or legal risk, or belong to consumers.

4. The Service and credits

• Generations are paid for in credits. Credit allowances, prices and what each generation costs are shown on the pricing page and in the app. Failed generations are not charged.
• Credits have no monetary value, are not redeemable for cash, and are non-transferable outside your organisation. Unused credits from a paid plan remain valid for one month after the subscription period in which they were granted, then expire. The free credits granted at sign-up do not expire, but we may change the free allowance for new accounts at any time.
• Watermark. Output generated on free credits carries a visible GetReelCom watermark. Output generated under a paid plan is delivered without it.
• Early access. The Service is in an early stage of development. Features are offered as early access: they may be experimental, may change or be retired at any time, and generations may fail or be temporarily unavailable. We may change, add or retire features, models and generation settings at any time, provided the Service as a whole retains its core function during a paid period.
• Export Output you want to keep. We do not guarantee that content stored in the Service can be restored after loss, deletion or account closure; our liability for loss of data is excluded under article 13.

5. Subscriptions, fees and payment

• Paid plans run per monthly subscription period and renew automatically for the same period until cancelled. Should we offer other subscription periods, the period you chose applies.
• You can cancel at any time with effect from the end of the current period, through the app or by email. Amounts already paid are not refunded, and no refund is due for unused credits or a partly used period.
• All prices are exclusive of VAT and other levies. Payment is due in advance through the payment method offered. If a payment fails or is charged back, we may suspend the Service until payment is received and charge statutory commercial interest (art. 6:119a Dutch Civil Code) and extrajudicial collection costs.
• We may change prices and credit allowances. Changes take effect for you at the start of your next subscription period, announced at least 30 days in advance. If you do not agree, your remedy is to cancel before the new period starts.
• You are not entitled to suspend performance or set off any amount against our invoices (arts. 6:52, 6:127 Dutch Civil Code are excluded).

6. Acceptable use

You must not, and must not allow anyone using your account to:

• upload photos, likenesses or voices of any real person without that person's demonstrable consent, or use the Service to impersonate a real person or organisation;
• create or distribute content that is unlawful, misleading, defamatory, discriminatory, sexually explicit, or that infringes intellectual-property, portrait or privacy rights of others;
• generate political disinformation, or present Output as authentic footage of real events or real people;
• circumvent credit accounting, rate limits or technical restrictions, probe or disrupt the Service, or use it to build a competing product;
• reverse engineer the Service except where mandatory law permits, resell or provide the raw Service to third parties as your own service, or use automated scraping against it;
• violate the applicable acceptable-use policies of the third-party AI providers we use to deliver the Service.

We may suspend or terminate access immediately, without prior notice and without compensation, if we reasonably believe this article is being violated or if suspension is required to protect the Service, other customers or third parties. Where reasonable, we will notify you and give you a chance to remedy first.

7. Your Input and responsibilities

• You retain all rights to your Input (brand materials, text, images, photos). You grant us a non-exclusive, worldwide licence to host, process, reproduce and modify Input solely to provide, secure and improve the Service, including passing it to the subprocessors listed on our subprocessor page.
• You warrant that you own or have licensed all rights needed for your Input; that any person appearing in uploaded photos or likenesses has given valid consent to this use; and that your Input and your use of Output comply with applicable law, including advertising rules and the EU AI Act's transparency obligations (such as disclosing AI-generated content where required).
• You are solely responsible for reviewing Output before you publish or otherwise use it, and for how and where you publish it.

8. Output and AI disclaimer

• Subject to full payment, we assign and license to you all rights we may hold in Output, so you may use it for any lawful business purpose. We may retain and use Input and Output internally to operate, secure, evaluate and improve the Service. We do not use your Input or Output to train foundation models, and our model providers are contractually restricted from doing so under the paid API terms we use.
• Output is produced by generative AI. We do not warrant that Output is accurate, complete, appropriate, unique or free of third-party rights. Similar or identical output may be generated for other customers. AI models can produce unexpected, incorrect or biased results.
• The Service and Output are provided to support, not replace, your own judgement. No communication from us constitutes legal or other professional advice.

9. Our intellectual property

The Service — including software, models configuration, interfaces, the GetReelCom name, logo and site content — is and remains our property or that of our licensors. You receive only the limited, non-exclusive, non-transferable right to use the Service during the agreement in accordance with these terms. If you send us feedback or suggestions, we may use them without restriction or compensation.

10. Third-party services

The Service depends on third-party infrastructure and AI models; the providers that may process personal data are listed on the subprocessor list. We are not responsible for the availability of, changes to, or failures of these third-party services, and we may replace them at any time. Where a model provider withdraws or materially changes a model, we may substitute a comparable model.

11. Availability, support and maintenance

We aim for high availability but the Service is provided without any uptime guarantee or service levels, unless agreed in a separate written SLA. We may perform maintenance, which can cause temporary unavailability. Support is provided on a reasonable-effort basis by email.

12. No further warranties

The Service is provided "as is" and "as available". To the maximum extent permitted by law we disclaim all other warranties, express or implied, including fitness for a particular purpose, uninterrupted or error-free operation, and any warranty that the Service or Output will achieve any particular result, engagement or commercial outcome.

13. Liability

• Excluded: we are not liable for indirect or consequential damage, including lost profit or revenue, lost savings, loss of goodwill, business interruption, reputational damage, loss or corruption of data, missed commercial opportunities, or damage arising from your use or publication of Output.
• Capped: our total aggregate liability per calendar year, on any legal basis, is limited to the fees (excluding VAT) actually paid by you for the Service in the 12 months preceding the first event giving rise to liability, with an absolute maximum of € 5,000. If you use only a free plan, our total liability is limited to € 100.
• These limitations do not apply where damage results from intent or deliberate recklessness of our management (opzet of bewuste roekeloosheid van de bedrijfsleiding).
• A condition for any right to damages is that you notify us in writing of the damage within 30 days after you discovered it or reasonably should have discovered it. Any claim against us lapses 12 months after the event on which it is based.
• You indemnify us against all third-party claims — including claims by persons depicted in your Input and intellectual-property claims — arising from your Input, your use of the Service or Output, or your breach of these terms, including our reasonable legal costs.

14. Force majeure

We are not obliged to perform, and not liable, when performance is prevented by circumstances beyond our reasonable control, including failures or decisions of hosting, network, authentication, payment or AI-model providers, internet or power failures, cyberattacks, government measures, strikes and pandemics. If force majeure lasts longer than 60 consecutive days, either party may terminate the agreement in writing without owing compensation; fees for the period after termination are refunded pro rata.

15. Term, termination and its consequences

• The agreement runs as long as you have an account. Either party may terminate for cause with immediate effect if the other materially breaches and does not remedy within 14 days after notice, or in the event of bankruptcy or suspension of payments.
• Upon termination your access ends and outstanding fees remain due. We will delete Customer content in accordance with the DPA and our retention policy — normally within 30 days after account deletion. Export what you need before terminating.
• Provisions intended to survive (including articles 8, 9, 13, 16 and 17) survive termination.

16. Changes, transfer, miscellaneous

• We may amend these terms. Material changes are announced at least 14 days in advance by email or in the app; continued use after the effective date constitutes acceptance. If you object, you may cancel before the change takes effect.
• We may transfer our rights and obligations under the agreement to an affiliate or in connection with a merger, acquisition or asset transfer; you consent to that transfer in advance (art. 6:159 Dutch Civil Code). You may not assign the agreement without our written consent.
• If a provision is void or voided, the remainder stays in force and the provision is replaced by a valid one matching its purpose as closely as possible. Our failure to enforce a provision is not a waiver.

17. Governing law and forum

These terms and every agreement with us are governed exclusively by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. Disputes are submitted exclusively to the competent court of the District Court of Amsterdam, the Netherlands, unless mandatory law provides otherwise.