Creator Terms: Free Movie, Confidentiality and Partnership Terms
- Your team is your responsibility. Anything your staff, agency, contractors or partners do with our app, even on an account they paid for themselves, counts as done by you, and a look-alike product that appears near you is treated as yours to explain.
- The movie is a gift, with strings. We make you a Vision Movie free. Unless we sign a separate Partnership Agreement, we own the movie and you may only watch it and keep a copy. No website, no social posts, no ads, no sponsors, no selling.
- We cannot use it either. Your face, name, voice, answers and the finished movie are not ours to publish, promote or show anyone without your written permission.
- The music is not cleared for you. Tracks in the movie are covered only for the movie's own use as we supply it. If you want to publish a movie with music, the music must first be cleared in writing, by us or by you. If it is not, you publish it without music or not at all.
- Our idea stays ours. What we show or tell you about the Vision Movie, how it is made, how it is priced and what we plan next is confidential. You may not copy it, build something like it, or use what you learn to go around us.
- "Partnership" here means a business deal, not a legal partnership. Nothing binds either of us to a deal until a Partnership Agreement is signed.
- Who we are and how you agree
- Words used in these terms
- The offer, and the two paths
- Who may take up the offer
- Your material and your responsibility
- Content rules
- How we enforce the rules
- AI disclosure and gift disclosure
- Who owns what, and who may use the movie
- Music
- Confidentiality
- Protecting the Vision Movie idea
- How long the restrictions last
- Reasonable and severable
- If these terms are broken
- Sharing, platforms and what you may say
- No promises about results
- Limits on our liability
- Your release and indemnity
- Ending, suspension and deletion
- Complaints and takedown
- Changes to these terms
- Governing law and disputes
- Contact
- Schedule 1: Your existing projects
- Schedule 2: Music Clearance Notice
- Acceptance
1. Who we are and how you agree
The Vision Movie service is operated by Malcolm Hedley Cohan (ABN 40 327 342 135), trading as Vision Movie, of 189 Federal Drive, Federal NSW 2480, Australia ("we", "us", "our"). "You" means the person named in the Acceptance section, and, where you work through a company, agency, management team or loan-out entity (your "Representative Entity"), that entity as well. You and your Representative Entity are bound jointly and each is responsible for the other's compliance.
You agree to these terms when you tick the box on the invitation or first page of the app that says you accept them, or sign the Acceptance section, or accept the offer of a Creator Movie in any other way, or open any Confidential Information we give you. These terms are the whole agreement between us about the Creator Movie and the matters in them. They sit on top of our Privacy Policy. They replace the ordinary consumer Terms of Service for the Creator Movie, except that the Content Rules and the enforcement clauses in clauses 6 and 7 are the same.
2. Words used in these terms
- "Creator Movie" means the Vision Movie we make for you under the offer, and every draft, scene, picture, clip, caption, soundtrack and version of it, including any 16:9, remake or cut-down version.
- "Creator Material" means what is yours: your photographs, your name, handle and likeness, your voice, your written answers, your captions, your channel and brand content, and any music or other files you upload yourself.
- "Partnership Agreement" means a separate written agreement signed by both of us, that expressly says it is a Partnership Agreement under these terms and sets out the commission, any branded app, the permitted uses of the Creator Movie, and the other commercial terms. Nothing else is a Partnership Agreement. An email, a call, a message, a Zoom discussion or a handshake is not one. The one exception is for a Diamond or Gold creator: the commission offer on your personal invitation page (the rate, the posts we ask for, and where you may show the film) is your Partnership Agreement from the moment you accept the invitation, and it lets you show the Creator Movie only in the ways that page describes.
- "Business Relationship" means the relationship that exists only while a signed Partnership Agreement is in force.
- "Method" means the Vision Movie idea and everything that makes it work: the concept and structure of a Vision Movie; the question set and its order; the caption format; the scene structure and sequencing; the prompts, workflows, model settings and software pipeline; the way the movie is priced, sold and shared; the voucher, affiliate and creator programmes; the branded-app offer; the branding and the name Vision Movie and their logos (the "Marks"); and our plans, suppliers and costs.
- "Confidential Information" means everything we tell, show, send or give you, in any form, that is not already public through no fault of yours, including the Method, the terms and existence of any offer, commission rate, tier or negotiation, the Creator Movie before it is published with our consent, and anything we say is confidential.
- "Competing Offering" means any product, service, software, app, course, programme, workshop, template, film or content series that gives the public, or any group of people, a personalised video, film or vision statement built from their own answers and images, or that otherwise offers a result similar to a Vision Movie.
- "Associated Person" means anyone who acts for you or with you in relation to your channels, brand or business: your Representative Entity; your employees, contractors, interns and volunteers; your managers, agents, agencies and advisers; a production company, editor, developer or marketer you use; a business partner or investor of yours; and a family member or friend acting at your request. It includes those people after they stop working for you, in relation to anything they learned while they did.
- "Music" means every piece of music, sound recording, composition or sound effect in the Creator Movie, whether chosen from our library, chosen by you from any source, or added by us.
3. The offer, and the two paths
We offer to make you a Creator Movie at no charge, and to give you a 30-minute Zoom call with Hedley Cohan to shape it. You pay nothing, and you are not obliged to enter any Business Relationship. There are two paths.
Path A: the gift only
If no Partnership Agreement is signed, the Creator Movie is a private gift. Clause 9 applies in full: we own it, and you have a limited licence to watch it and keep a copy for yourself, and nothing more. This is the default. It applies automatically if you do not reply, if talks end, or if you decline.
Path B: a Business Relationship
You may use the Creator Movie publicly, or earn commission, only to the extent a signed Partnership Agreement says so, and then only subject to clause 10 (Music). The Partnership Agreement may extend what you may do with the Creator Movie, but cannot reduce the protections in clauses 11 to 15 unless it says so expressly and by clause number.
Workshops: the same for everyone
Whatever your tier or your Partnership Agreement says about movies, a Vision Movie Workshop seat earns you the same as it earns every affiliate: 25% of what is paid for each seat booked through your link or your movie page (A$90 at the A$360 early bird price, A$112.50 at the full A$450), on the affiliate terms at /affiliate. Any higher rate in your Partnership Agreement or on your personal invitation page applies to Vision Movies only, not to workshops.
No legal partnership
The word "partnership" in this document and in our conversations describes a commercial deal. Nothing in these terms or in any conversation creates a legal partnership, joint venture, agency, employment or fiduciary relationship between us, or lets either of us bind or speak for the other. We may stop talking to you at any time without giving a reason. Until a Partnership Agreement is signed, neither of us owes the other any commission, fee, exclusivity or continued discussion.
4. Who may take up the offer
- You must be at least 18 years old.
- The Creator Movie is about you. You may not upload another person's photographs, and you may not take up the offer on someone else's behalf, except that a manager or agent may do the administration for you if you have authorised them in writing and you accept these terms yourself.
- You confirm that you have authority to accept these terms for yourself and your Representative Entity, and that your team members and advisers who see Confidential Information are bound to keep it confidential (see clause 11.4).
- The offer is personal to you. You may not pass it, a voucher or a link to anyone else.
5. Your material and your responsibility
You are the author and the director of what goes into your movie. You write the answers; you edit each caption and description; you choose among the generated images; and you approve every scene before any video is made. We provide the tools. You carry the responsibility for what you supply and approve.
By uploading or approving anything you confirm that:
- the photographs used to build your ideal self are of you, and you are happy for your likeness to be used to make your own movie;
- any music, image or other file you upload is yours, or you hold a licence that allows it to be used in a video that you may publish, in every country and on every platform where you intend to publish it (clause 10 says more about music);
- nothing you supply breaks the Content Rules in clause 6 or any law;
- you will not use the movie to deceive anyone about what is real.
You give us a worldwide, non-exclusive, royalty-free licence to store, copy, process, transmit and modify your Creator Material, and to send the parts that are needed to the AI providers that generate your scenes, only as long as needed to make and deliver the Creator Movie, keep the records in clause 7 and comply with law. We do not use your face, your writing or your movie to train AI models.
6. Content rules
These are the same Content Rules as in our ordinary Terms of Service. You may not use the service to create, request, upload, approve or share anything that:
- involves a child: no photographs of anyone under 18, and no scene depicting a minor;
- depicts another real person without their consent: your ideal self is the only real person your movie may portray, and no person may ever be shown in a sexual, violent, humiliating, deceptive or defamatory way;
- is sexual: no nudity, sexual acts or sexualised posing;
- is violent, cruel or extremist;
- is hateful or harassing, including on the basis of race, ethnicity, national origin, religion, disability, age, sex, sexual orientation or gender identity;
- is illegal or promotes crime;
- is deceptive: no movie presented as real footage, no impersonation, no removal of the AI disclosure in clause 8, no scams, disinformation or political manipulation;
- infringes anyone's rights, including copyrighted music, characters, artwork or footage you have no right to use;
- attacks the service: no bypassing of prompt rewriting or provider filters, no scraping or bulk generation, no malware.
7. How we enforce the rules
- Pre-flight rewriting. Before anything is generated, your answers and descriptions pass through an automated rewrite that replaces named real people and copyrighted characters with generic look-alikes. The version generated may differ from the words you typed for that reason.
- Provider filters. The image and video models have their own content filters and may refuse a scene.
- Our discretion. We may refuse, pause, modify or delete any content or movie, and end the offer or any access, if we reasonably believe the Content Rules or the law have been broken.
- Records. For every movie we keep a record of the account that made it, the answers written, the prompts used, the candidates chosen and when each scene was approved, for as long as we reasonably need to show who directed a movie.
- Reporting. Where content appears unlawful, or where we are required to, we may give your content and these records to police, the eSafety Commissioner, a court, or a person whose rights appear to have been infringed.
8. AI disclosure and gift disclosure
Every Creator Movie is generated with AI. Exported movies close on a site-name card and may carry embedded provenance data identifying the file as AI-generated. You may not remove, hide, crop out or alter that disclosure. Following each platform's AI-labelling rules is your responsibility.
If a Partnership Agreement lets you publish the Creator Movie, you must also say clearly, in each post or page where you publish it or promote the service, that the movie was a gift from us and that you may earn a commission (in the form the platform and the law of your country require, such as "#gift" and "#ad"). Where your law requires a different disclosure, follow your law.
9. Who owns what, and who may use the movie
9.1 We own the Creator Movie, until it passes to you
As between you and us, the Creator Movie, including its structure, scene sequence, direction, edit, captions, soundtrack selection and every file that makes it up, is made by us with our Method and belongs to us, except that clause 9.5 passes it to a Platinum creator when a Partnership Agreement is signed. To the extent that you hold or acquire any copyright or other right in the Creator Movie as a whole or in its compilation, you assign it to us on creation, and you agree to sign anything reasonably needed to confirm that. Because the Creator Movie is generated with AI, copyright protection may be limited or unavailable in some countries; our ownership is intended to be as full as the law allows, and the restrictions in this clause apply whether or not copyright subsists.
9.2 You keep your own material
Clause 9.1 does not take away anything that is yours. Your Creator Material remains yours: your photographs, your name, handle, likeness and voice, your written answers, and anything you upload. Owning the Creator Movie does not give us ownership of you.
9.3 Your licence under Path A: private use only
Unless and until a signed Partnership Agreement says otherwise, we give you a personal, non-transferable, non-exclusive, revocable licence to watch the Creator Movie and to keep a copy for yourself and to show it privately to family, friends and your own team for the purpose of deciding whether to enter a Business Relationship. You may not, and you must not allow anyone else to:
- publish, post, upload, stream, broadcast or otherwise make the Creator Movie or any part of it available to the public, on any social media, channel, platform, app store or messaging group open to the public;
- use it, or any frame, clip, still, caption, or sound from it, on or in any website, landing page, newsletter, course, product, presentation, event, podcast or video that you or anyone you work with controls or is paid for;
- use it in any advertising, marketing, promotion, sponsorship, brand deal, endorsement, affiliate or lead-generation activity, paid or unpaid, for yourself, your Representative Entity or any other person, product or service;
- sell, license, lend, rent or give the Creator Movie to anyone, or earn or accept money or any benefit from its use;
- edit, re-cut, re-voice, translate, re-caption, re-score, enhance, upscale or make a derivative work of it, or use it to train, test or fine-tune any AI system;
- remove or change the AI disclosure in clause 8, any credit to us, or any watermark or provenance data;
- use it to suggest that we endorse you or any product of yours, or that you created the Vision Movie or the Method.
Your licence is limited to the Creator Movie as we deliver it. You get no licence to any part of the Method, the Marks or the Music, other than watching the movie as supplied.
9.4 We will not use your movie or your likeness without your written permission
We will not, without your prior written permission given for the specific use: publish, post, display, screen, enter in a gallery, sell, license or otherwise use the Creator Movie, or any part of it, or your Creator Material, name, handle, image, likeness, voice or answers, in any website, advertising, marketing, social media post, presentation, example, case study, press release, event or product, or suggest that you endorse or are associated with us or the service. Permission may be refused for any reason, may be limited in time or place, and may be withdrawn for future use.
Nothing in this clause 9.4 stops us from doing the following, which we may do without asking: store, process, back up and deliver the Creator Movie to you; show it to staff and contractors who need to see it to make, repair, support or protect it; show it to our advisers, insurers and the AI and infrastructure providers we use, under a duty of confidence; keep the records in clause 7; disclose it where the law or a court requires; and defend or enforce our rights in a dispute. We may also describe, without using your movie, name or likeness, that "creators have been offered movies" in general terms, but we will not name you or identify you.
9.5 Under Path B
If a Partnership Agreement is signed, it sets out what you may do with the Creator Movie, and what we may do with it, in specific ways, on specific platforms and for a specific time (for example, to post it as a Reel and keep our link in your bio while the post is up). Every use you are given is limited to what the agreement says, is conditional on clause 10 (Music), clause 8 (disclosure) and your continuing compliance with these terms, and ends when the Partnership Agreement ends, except as follows.
Platinum creators own the movie. Where the Partnership Agreement is with a Platinum creator, we assign to you the copyright and any other rights we hold in the Creator Movie, from the date the Partnership Agreement is signed by both of us. What passes to you is the Creator Movie only. It does not include the Method, the Marks, the software or the Music: the Method and the Marks remain ours, you may not remove the closing card or the credit to Hedley Cohan as the creator of the Vision Movie (clauses 8 and 12.7), and the Music stays subject to clause 10. If the Partnership Agreement ends because you breached it or breached clause 11 or 12, ownership of the Creator Movie returns to us, and clause 9.3 applies to it again.
For every other creator, ownership of the Creator Movie stays with us unless the Partnership Agreement says in so many words that it passes to you. Clause 9.4 continues to apply to our use of your movie and Creator Material throughout, and the Partnership Agreement may widen what we may do only by naming the use.
9.6 If you decline, or the talks end
If you tell us you do not want to proceed, or no Partnership Agreement is signed within 90 days after the Creator Movie is delivered, or a Partnership Agreement ends (other than where clause 9.5 has passed ownership to you and it did not end through your breach), then from that point you must not publish the Creator Movie or any part of it, you must delete every public copy of it, and clause 9.3 continues to apply to any private copy you keep. We may, but need not, delete the Creator Movie from our systems 90 days after that point; we will do so sooner on your written request, except for the records in clause 7.
10. Music
10.1 The Music is not cleared for you. You acknowledge that the Music in the Creator Movie, whether you chose it from our library, picked it from another source, or uploaded it, is not cleared for your public or commercial use unless we have confirmed in writing, using the form in Schedule 2 (a "Music Clearance Notice"), that a named track may be used by you in a stated way. In particular:
- tracks from our royalty-free library are licensed to us for use as part of a Vision Movie that we produce. That licence may not cover your own commercial uses, such as posts on a business, monetised or sponsored channel, advertising, paid promotion, use on your website, or use in a product or event. It is not a licence to you, and we make no promise that it extends to you;
- a track you chose or uploaded is your responsibility. If you do not hold the rights in it for the use you intend, you must not use the movie in that way;
- a platform may automatically mute, claim, monetise or take down a video containing music, and we cannot control that.
10.2 Clearance before publication. Under Path B, or otherwise, you may not publish, post, broadcast, advertise or otherwise use the Creator Movie, or any part of it that contains Music, in any public or commercial way, unless one of these has happened first:
- We have cleared it. We have negotiated the rights for a stated use and sent you a Music Clearance Notice for that track, and you use it only within the platforms, countries, period and uses it states; or
- You have cleared it. You have, at your own cost, obtained a written licence from the rights holders covering your intended use, platforms, countries and period, and you have given us a copy before you publish; or
- The Music is removed. You publish only a version with the Music removed or replaced by music you have the right to use, which we will supply on request.
10.3 No obligation on us. We are not obliged to negotiate, seek or pay for any music rights. We may decline, set conditions, or charge the cost of any clearance to you. A Music Clearance Notice is valid only for the track and uses it names, and only while we say so; we may withdraw it for future use if our own licence ends, in which case you must stop new uses and, where we ask, take down existing ones within 7 days.
10.4 Your risk and your indemnity. If you publish or use the Creator Movie with Music that has not been cleared under clause 10.2, that is your breach, you do so at your own risk, and clause 19 applies, including to any claim, demand, licence fee, back-payment, takedown, demonetisation, account strike or penalty against us or you from a music publisher, label, rights society, platform or anyone else.
11. Confidentiality
11.1 You must keep all Confidential Information secret. You may use it only to decide whether to enter a Business Relationship, to make and view your own Creator Movie, and to perform a signed Partnership Agreement. You may not use it for any other purpose, and you must not tell, show, copy, photograph, record, transcribe, summarise or pass it to anyone, or let anyone find it out.
11.2 You must take at least the care with Confidential Information that you take with your own most confidential matters, and no less than reasonable care. You must not record, or transcribe with AI notetakers, any call, Zoom or meeting with us without our prior written consent.
11.3 You may disclose Confidential Information only to the extent a law or court order requires it, and only after giving us as much notice as the law allows, so that we can object.
11.4 You may tell your lawyers, accountants and a small number of named managers or team members who need to know it for the purpose in clause 11.1, but only after each has agreed in writing to keep it confidential on terms no less protective than these, and you are responsible for any breach by them as if it were your own. On request you must give us their names.
11.5 Confidential Information stops being confidential only where you can show it became public through no breach of yours or anyone you told. The fact that something is public in part, or is a combination of public items, does not make the combination public.
11.6 This clause 11 protects what we disclose to you. It does not stop us from keeping your Creator Material confidential as clause 9.4 requires, and we will treat your private business information that you give us in the course of talks as confidential as well.
12. Protecting the Vision Movie idea
In return for the Creator Movie and the opportunity to work with us, you undertake that you will not, directly or indirectly, alone or with or through anyone else (including your Representative Entity, your team, an agency, an investor, a production company, a developer or a contractor), without our prior written permission:
- No copying. Copy, reproduce, adapt, translate or imitate the Method, our question set, caption style, scene structure, branding, website, app, voucher or creator programmes, or anything in our materials, other than sharing your own movie as clause 9 allows.
- No competing offering. Design, build, fund, launch, run, license, teach, promote, endorse or take a share of any Competing Offering, or help anyone else to do so, using or informed by the Method or any Confidential Information.
- No going around us. Use what you learn from us to contract directly with any developer, AI provider, music provider, payment provider, agency, platform, creator or customer introduced to you or identified through us, in order to make or sell a Competing Offering or to avoid or reduce what you would owe us under a Business Relationship; or approach any person in our network about a Competing Offering.
- No reverse engineering. Reverse-engineer, decompile, probe, monitor, scrape, or try to extract the prompts, pipeline, model configurations or business logic behind the service, by inspecting the software, by crafting inputs, by comparing outputs, by using the Creator Movie or its outputs, or by any other means.
- No replicating by AI. Use the Creator Movie, our materials, screenshots or recordings of our service, or the outputs of the service, as a prompt, example, reference or training material for any AI system, or to make a product that imitates the Vision Movie.
- No use of our names. Use the Marks, or anything confusingly similar, in the name, branding or promotion of any product, service, course, event, handle or domain, or in any way that suggests we endorse or are connected with you, other than as a Partnership Agreement expressly allows.
- No claiming the idea. Present the Method or the Vision Movie concept as your own creation, or take or apply for any patent, trade mark, design, domain name or other registration in anything derived from it. Where you refer to them publicly (including after a Business Relationship ends), you must credit Hedley Cohan as the creator of the Vision Movie.
- No helping others. Encourage, assist or allow any other person to do any of the things above, or fail to take reasonable steps to stop a person under your control from doing so.
12.9 Independent creation. If, within the period in clause 13.2, you or any Associated Person launches, announces or invests in a Competing Offering, you must, on our written request, within 14 days give us a written statement of who is behind it, and the dated records showing it was created independently and without using the Method or Confidential Information. You agree that, in any proceeding between us about whether a Competing Offering was derived from the Method or Confidential Information, the fact that you had access to them, and that the Competing Offering is substantially similar, is sufficient to put the burden on you to prove that it was independently created.
12.10 What you have already. You have listed in Schedule 1 every existing or planned project, product or business of yours (or of your Representative Entity) that is, or could be, a Competing Offering. Anything not listed there is taken not to exist at the date you accept these terms. Listing something there does not let you use our Method or Confidential Information in it.
12.10A Your team: every Associated Person is your responsibility. You acknowledge that the people who work for you are the most likely route by which the Method could be copied, and you accept that risk as yours. Accordingly:
- Their use is your use. Any use of the service, the app, a creator code, a voucher, a link or a Vision Movie account by an Associated Person, whether with the free code we gave you, with an account they opened and paid for themselves, through your link, or in any other way, is treated as use by you under these terms, whether or not you knew of it, and whether or not they used your name.
- You bind them. Before any Associated Person sees Confidential Information, attends a call with us, or uses the service on your behalf, you must make them aware of clauses 9 to 15 and ensure they are bound, by their employment or engagement terms or in writing, to obligations no less protective than these. On request you must give us their names and show us those terms.
- Their breach is your breach. Any act or omission of an Associated Person that would be a breach of these terms if done by you is a breach by you, and clauses 15 and 19 apply to it. This is in addition to any claim we may have against the Associated Person directly under the ordinary Terms of Service, which bind every account holder personally.
- A Competing Offering near you is treated as yours. If, within the period in clause 13.2, an Associated Person, or any business in which you or an Associated Person has an interest or role, launches, announces, funds or works on a Competing Offering, clause 12.9 applies as if you had launched it: on our request you must give us the facts within 14 days, and it is for you to show that it was created without the Method or Confidential Information. You must not avoid these terms by having an Associated Person, a new company or a third party do what you may not do yourself.
- The free code is for you alone. The code and the movie are personal. An Associated Person may help you with the administration of your account, but may not use the code, upload their own photographs, make a movie, or open or operate an account in order to study the service for you. A Vision Movie made by an Associated Person with your code is a breach, and we may cancel it without refund or replacement.
12.11 What these restrictions do not stop. They do not stop you using general skills, knowledge and experience you already had or that are available to the public from sources other than us; making films, videos or vision statements of your own that do not use our Method, Confidential Information or Marks; telling people that you were offered or made a movie, once and only if the Creator Movie has been cleared for that publication under clause 9 and clause 10; or doing anything the law requires or expressly allows regardless of contract.
13. How long the restrictions last
- The restrictions on the Creator Movie in clause 9.3 last for as long as we hold any right in it, unless a Partnership Agreement says otherwise. Your obligations about the Marks (clause 12.6) and about crediting Hedley Cohan (clause 12.7) last for as long as those rights exist.
- The restrictions in clauses 11 and 12 last for five years after the earlier of the date you accept these terms and the last date we disclose Confidential Information to you, and, for clause 11, afterwards for as long as the information stays confidential. If a Business Relationship begins, they last for the term of it and five years after it ends.
- The restriction on a Competing Offering in clause 12.2 and the non-circumvention in clause 12.3 last for 36 months after the later of the date you accept these terms and the date any Business Relationship ends, anywhere in the world. Each is a separate and independent undertaking, and if a court finds that the period or the area is wider than is reasonable, clause 14 reads it down to what is enforceable.
- The periods in this clause 13 are extended by any time you are in breach.
14. Reasonable and severable
You acknowledge that the Method and the idea behind it are valuable, that we are disclosing them to you in reliance on these terms, that you receive real value in return (a free movie, a call with Hedley Cohan, and the chance of a commercial deal), that each restriction is reasonable and no wider than needed to protect our legitimate interests in our confidential information, goodwill and business, and that you have had the chance to take your own legal advice. If any restriction is found to be unenforceable, it is to be read down to the widest extent that is enforceable, and if it cannot be read down it is cut out and the rest continues in full. Each clause is a separate undertaking.
15. If these terms are broken
- Injunction. You acknowledge that a breach of clauses 9.3, 10, 11 or 12 may cause us harm that money cannot fully repair, and that we may ask a court for an urgent injunction or order to stop or prevent a breach, as well as damages. You will not argue that damages alone are an adequate remedy.
- Account of profits. If you or any Associated Person profits from a breach, we may elect to take an account of those profits instead of damages, and you must hold them for us.
- Take-down and delivery up. You must, on written notice, remove and stop using any public copy of the Creator Movie or anything made in breach, and give us (or delete, at our option) every copy of Confidential Information and anything derived from it.
- Costs. You must pay our reasonable legal costs of enforcing these terms on a full indemnity basis where a court finds you in breach. This is a reimbursement of real cost, not a penalty.
- Other rights. We may also end any Business Relationship under the terms of the Partnership Agreement, withhold or stop payments due to the extent of the loss, and use any other right the law gives us. These remedies are in addition to each other.
- Your remedies. If we use the Creator Movie, your Creator Material, your name or likeness, or your Confidential Information in breach of clause 9.4 or clause 11.6, you have the same remedies against us: an injunction, an account of profits, and your reasonable legal costs where a court finds us in breach.
16. Sharing, platforms and what you may say
When you are allowed to publish the Creator Movie, you do so under each platform's rules, and the platform, not us, decides what happens to it there. When you promote the service you must not make any claim about health, lifespan, medical outcomes, income or other results that our site does not itself make, and you must not call the service a medical, scientific or financial service. You must not speak for us, quote us, or describe the terms of our dealings, except as a Partnership Agreement allows.
17. No promises about results
- AI is unpredictable. Generated images and clips may not resemble you closely, may contain errors, may vary between drafts, and may not match your description.
- Not medical or psychological advice. Anything about health, ageing, future medicine or the effects of visualisation is inspiration and opinion, not advice, and not a promise about your health or future.
- No promise of a deal or of income. We make no promise that we will offer or sign a Partnership Agreement, that you will earn any commission, that any audience will respond to the movie, or about the number of sales. Any figure we mention is an illustration.
- As is. To the extent the law allows, we exclude all warranties and conditions not set out in these terms. Where the law implies a guarantee that cannot be excluded, our liability is limited as set out in clause 18.
18. Limits on our liability
Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, or limits our liability for death or personal injury caused by our negligence, or for fraud. Subject to that:
- where the law lets us limit our liability for breach of a consumer guarantee, our liability is limited, at our option, to supplying the Creator Movie again or paying the cost of having it supplied again;
- our total liability to you for everything connected with the Creator Movie or these terms, in contract, tort (including negligence), statute or otherwise, is limited to A$1,000, other than for our breach of clause 9.4 or clause 11.6;
- we are not liable for any loss of profit, revenue, business, audience, goodwill, reputation, opportunity or data, or for indirect or consequential loss;
- we are not liable for anything done with the Creator Movie by you or anyone else after it leaves the service, or for the conduct of third-party platforms, music rights holders or AI providers.
19. Your release and indemnity
Release. To the extent the law allows, you release us, our directors, staff and contractors from any claim arising from the content of your movie and how you use it, from how any other person uses or reacts to it, from any decision you make in reliance on the service, and from your breach of these terms.
Indemnity. You indemnify us against the reasonable losses, costs, fines, licence fees and legal costs we suffer as a direct result of: your content breaking the Content Rules or infringing anyone's rights; your use or publication of the Creator Movie outside what clause 9 allows or with Music not cleared under clause 10; your breach of clauses 11 or 12; or your Representative Entity's or team's breach of these terms. This indemnity is limited to loss caused by your breach, does not apply to the extent we caused the loss ourselves, and does not affect any right you have under the Australian Consumer Law.
20. Ending, suspension and deletion
- You may stop at any time by telling us. We may stop the offer at any time before the Creator Movie is delivered, and may end your access if you breach these terms.
- When the offer or any Business Relationship ends, clause 9.6 applies, and you must return or delete Confidential Information on request.
- Clauses 1, 2, 5, 7, 9 to 16, 18, 19, 20, 22 and 23 survive the end of the offer and of any Business Relationship.
21. Complaints and takedown
If you believe the Creator Movie or any use of it breaks these terms, or the Content Rules, or shows you without your consent, email us at the address below with a description. We act on reports promptly, usually within two business days, and we may remove content while we look into it.
22. Changes to these terms
We cannot change these terms for you without your written agreement, other than to correct a clear error or to comply with a change in the law, in which case we will tell you in writing first. The terms in force when you accept them govern the Creator Movie and everything you receive from us.
23. Governing law and disputes
These terms are governed by the laws of New South Wales, Australia, and each of us submits to the courts of that State and the Commonwealth of Australia. Before either of us starts a claim (other than for urgent injunctive relief, which either of us may seek at once), we will each try to resolve the matter by talking: write to the other, and the other will reply within ten business days. A notice under these terms must be in writing and sent to the email address in the Acceptance section or in clause 24.
These terms are personal to you and you may not transfer them. We may transfer our rights to a successor business on notice to you. Our failure to enforce a term is not a waiver of it.
24. Contact
Malcolm Hedley Cohan, trading as Vision Movie
ABN 40 327 342 135
189 Federal Drive, Federal NSW 2480
Email: support@visionmovie.app
Schedule 1: Your existing projects
List every existing, started or planned product, app, service, course, programme, film series or business of yours, or of your Representative Entity or anyone you work with, that is or might be a Competing Offering, or write "None". Include a date for each.
| Project or business | What it does | Date started or planned | Who is behind it |
|---|---|---|---|
| ☐ None. I confirm I have no such project at the date I accept these terms. | |||
Schedule 2: Music Clearance Notice
We issue one of these, signed by us, for each track we clear for your use. Without one, clause 10.2 applies.
| Track and artist | |
|---|---|
| Rights holder or licence | |
| Uses cleared | (for example: one post of the Creator Movie on Instagram, TikTok and YouTube) |
| Countries | |
| Period | From to |
| Conditions and credit line | |
| Cost, and who pays | |
| Signed for us / date |
Acceptance
By ticking the box or signing below, you confirm that you are 18 or over; that you have the authority to bind your Representative Entity; that you have read these terms and had the chance to take advice on them; that you understand that unless we sign a Partnership Agreement, the Creator Movie is ours and you may only watch it and keep a copy, and that its music is not cleared for your public or commercial use; and that you agree to be bound by them.
| Name | |
|---|---|
| Representative Entity (if any), and ABN or company number | |
| Signature | |
| Date | |
| For us: Malcolm Hedley Cohan |
Last updated 15 October 2026.