Last Updated: 05/03/2025
Hi, and welcome to this Beat by Filma Terms of Service (these “Terms of Service”) that govern your use of the Beat by Filma Mobile Application and associated features, website, and services (the “Beat App”). By accessing and using the Beat App, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any terms under these Terms of Service, you are prohibited from using or accessing the Beat App.
The Beat App is provided by and registered under the trading name Miguel Lorenzo with Australian Business Number (ABN) 53 808 502 460 (“Company,” “we,” “us,” or “our”). If you have any questions, issues, complaints, feedback, ideas, or suggestions regarding these Terms of Service or the entire Beat App services, please reach out to us via the “contact us” form on the Beat App or directly via our support email address at support@filma.app.
The Beat App provides users with AI-driven tools, filters, effects, presets, and templates, which can be used to create video and music compositions for external use. Users can also create filters, templates, and other contents and license them to other users of the Beat App. Users will have the ability to socially interact with one another through “follows,” “likes,” and “comments.” By using the Beat App, you agree to use it for these services only. We reserve the right to change certain features of the Beat App at any time without notice or liability.
To use the Beat App, you are required to be able to form a legally binding agreement, and your use must not violate these Terms of Service or any applicable law. You may only use the Beat App for the purpose for which Company makes it available. You must not use the Beat App in a manner that may infringe on any user or third party’s copyright or intellectual property rights. Company reserves the right to terminate your use of the Beat App if your use violates this paragraph.
Subject to your compliance with these Terms of Service, Company hereby grants you the permission to download one copy of the Beat App (per device) for your access and use. However, this is the grant of a license, not a transfer of title or ownership. Therefore, under this license, you may not:
The license granted to you hereunder shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your use of the Beat App or this license, you must destroy any downloaded features in your possession—whether in electronic or printed format.
To use the Beat App, you may be required to submit certain personal data, including when you create a Beat account or contact us. Where we collect such data, we will use it in accordance with our Privacy Policy. You are required to review and agree to our privacy practices as described in our Privacy Policy before using the Beat App. By using the Beat App and by submitting personal data to us, you represent that you have reviewed our Privacy Policy and agree to its descriptions. If that is not the case, you may not use the Beat App.
To use some features of the Beat App, including following another user, liking or commenting on their content, and sharing filters, shaders, templates, and effects, you are required to create a Beat account through the “Sign in with Apple” feature. By creating a Beat account, you warrant that your data is accurate and complete and that you are not impersonating any third party. By using the “Sign in with Apple” feature, you authorize us to obtain the necessary data from your Apple ID to create a Beat account. You may terminate this authorization at any time by using the “remove account” button in your profile area. We reserve the right to terminate your Beat account if we find out it goes against this paragraph.
By using the Beat App, you agree that we may occasionally send you notices via the Beat App, including through push notifications. You hereby agree that any notices, including these Terms of Service, Privacy Policy, and any message passed to you electronically shall satisfy any legal requirement.
We want the Beat App to be safe for all users, including you. Therefore, we may disallow any activities that may hinder this goal. In relation to your use of the Beat App, you shall refrain from the following prohibited activities:
You may not:
(Aside from the content created by users and third parties) The content on the Beat App, including text, images, articles, descriptions, logos, graphics, audio, video, button icons, page headers, information, etc. (“Company Content”), is owned by and licensed to Company, and is subject to copyright and other intellectual property rights in Australia and other locations. Other than to use the Beat App in accordance with these Terms of Service, you may not use any Company Content (including copying, extracting, utilizing, aggregating, reproducing, advertising, or displaying) for any other purposes without Company’s written approval.
You may not use our trademarks and trade dress, including our logos, button icons, service names, graphics, and scripts in association with any other products or services in any way that may cause confusion without our written approval.
The Beat App permits you to create, submit, and share certain content, including comments, presets, shaders, templates, effects, images, video and music compositions, and usernames (“Your Content”). By creating and sharing Your Content on the Beat App, you warrant to us that (i) you have the rights and license to Your Content and that Your Content does not infringe any user or third party’s intellectual property rights; (ii) Your Content does not include any content or information that goes against any ethical behavior, including pornography; (iii) Your Content does not contain any abusive, profane, racist, or offensive comments about any religion, gender, sex, race, national origin, or government; and (iv) Your Content does not have any materials or links that go against these Terms of Service or any applicable law.
You own the rights (including copyrights and trademarks), licenses, and title to Your Content (including any video compositions), and you are free to license them to any other user of the Beat App or third party as you please. Nothing under these Terms of Service shall be construed as taking away the rights you have over Your Content. However, in order to provide the Beat App, we require your license to use Your Content, too. Therefore, you hereby grant to Company an unrestricted, unlimited, unconditional, irrevocable, non-exclusive, perpetual, royalty-free, transferable license and right to host, copy, use, disclose, reproduce, publish, broadcast, archive, cache, store, publicly perform or display, translate, distribute, and transmit Your Content for whatever purposes (including advertising or commercial) and to allow and approve sublicenses of Your Content.
You have the right to delete or make private any of Your Content and licenses at any time by reaching out to us via the “contact us” button or via support@filma.app. However, due to the nature of the internet, Your Content may exist privately on our database or elsewhere in circumstances where (i) immediate deletion is impossible, (ii) copies of Your Content exist with users you previously shared it with, or (iii) Your Content cannot be deleted due to an ongoing investigation or claim.
In relation to Your Content, we reserve the right to edit, change, or remove it, including where we believe Your Content infringes on any third-party right (for example, where your username goes against any third-party intellectual property).
The Beat App offers in-app purchases that require you to make payment using the payment method set up on your Apple device. Any purchases made through the Beat App are handled and processed by our third-party payment processor (Apple Inc.). Therefore, your payment method data is subject to Apple’s privacy and terms of service. By initiating a purchase through the Beat App, you authorize Apple Inc. to deduct the applicable amount from your payment method on Company’s behalf. Due to the nature of the Beat App and its features, all purchases made are final without refunds.
Company respects the intellectual property rights of users. We expect users to also do the same when using the Beat App. We respond to copyright infringement claims. If you are a user or third party who believes any content on the Beat App infringes your intellectual property rights, you may reach out to us with proof of ownership, and we will take it down if it qualifies. To make a copyright infringement claim, please contact us at support@filma.app with the location of the infringed content, proof of ownership, and a statement confirming that you did not license such content to the infringer.
Company Content appearing on the Beat App may include technical, typographical, or photographic errors. Company does not warrant that any of Company Content is accurate, complete, or current. Company may make changes to any Company Content contained on the Beat App at any time without notice. However, Company does not make any commitment to update any Company Content.
The Beat App and its features are provided on an “as is” and “as available” basis. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the features on the Beat App or otherwise relating to such features or on any websites linked to the Beat App. We do not warrant that the Beat App will perform to your expectations or that there will be no errors, mistakes, omissions, downtimes, interruptions, or cessations in the content or features. Furthermore, we do not warrant that the Beat App will not contain harmful software, such as bugs, worms, and trojan horses transmitted by third parties, or that the personal data we hold about you is 100% secure.
In no event shall Company or any of its affiliates be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, or punitive damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use the Beat App, even if Company or any authorized personnel or employee has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Nothing in these Terms of Service shall be construed as limiting the warranties and rights you have under applicable law, including the non-excludable warranties under the Australian Consumer Law (ACL).
You hereby agree to indemnify and hold Company (including its employees, affiliates, and partners) harmless from and against any claims, demands, damages, losses, disputes, court actions, proceedings, and expenses (including attorney’s fees) that may be made by any third party as a result of (i) your use or inability to use the Beat App; (ii) Your Content and its use or any licensing therein; or (iii) your breach or violation of these Terms of Service, any applicable law, or a third party’s right.
We have not reviewed all of the websites linked to the Beat App and are not responsible for the contents of any such linked websites. The inclusion of any link does not imply our endorsement of such websites’ practices. Your use of any such linked websites is at your own risk.
We may revise these Terms of Service for the Beat App at any time without notice. By using the Beat App, you are agreeing to be bound by the then-current version of these Terms of Service.
These Terms of Service are governed by and construed in accordance with the laws of NSW, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in the State of NSW.
These Terms of Service represent the entire agreement between you and Company in relation to your use of the Beat App. These Terms of Service supersede any understanding, promises, agreements, or covenants—whether oral or written—that may have existed between you and Company before them.
You may not assign, sell, or license the rights you have under these Terms of Service to a third party without written approval from Company. Company, on the other hand, may assign its rights hereunder—including hiring third-party service providers—at any time.
If any portion or section of these Terms of Service is found to be invalid or unenforceable by any applicable law or court having competent jurisdiction, such portion or section shall be deleted (or edited to be valid), and it shall not affect the other valid and enforceable portions or sections.
Company shall, in no way, be liable to you or any third party for any failure or delay to provide the Beat App as a result of events beyond its reasonable control, including, without limitation, internet breakdowns, maintenance, riots, pandemics, government intervention, and acts of God.
No waiver under these Terms of Service shall be valid unless such a waiver is in writing. Company’s failure to enforce a right or provision under these Terms of Service shall not be deemed as a waiver of its right to enforce such a right or provision at a later date or on subsequent violations.
If these Terms of Service terminate in any way, including where your Beat account is deleted, the sections under these Terms of Service that by their nature are meant to survive the termination shall survive such termination.
Your use of certain features on the Beat App may be subject to additional terms and conditions, and such terms and conditions shall be in addition to these Terms of Service. However, the additional terms and conditions may sometimes conflict with these Terms of Service. If that happens, then the additional terms in relation to such features shall supersede.