Z-Cut Terms of Use

These terms of use (the “Terms of Use”) govern your access to and use of the Z-Cut mobile application (hereinafter referred to as “Z-Cut” or the “Service”).

Z-Cut is provided by Plotagon Production AB, Hammarbyterrassen 3, 120 30 Stockholm, Sweden a Swedish corporation, and its affiliated entities, and each of their present, former and future parent companies, predecessors, successors, assignees, subsidiaries, owners, officers and directors (whether acting in such capacity or individually), agents and attorneys (collectively, “Plotagon”, “we”, “our” or “us”).

Please note that by accessing and using Z-Cut you agree to abide by these Terms of Use. Plotagon and its third-party partners own all intellectual property rights in and to the Service and permits you to use Z-Cut only in accordance with these terms. Please note that Z-Cut is provided in collaboration with the mobile application and online community Zepeto made available by Naver Z Corp under separate terms and conditions.

For information on how we handle the personal data you transmit to us through the use of the Service, please see our Privacy Policy.

Your use of Z-Cut constitutes your acceptance of the Terms of Use. If you do not agree to the Terms of Use, please do not use the Service. If you have any questions or concerns you can contact us at support@plotagon.com.

The Z-Cut Service

Z-cut is a mobile application and cloud-based service that enables end users to write movie scripts, record dialogue and make animated stories, and to share these animated stories with other users and/or non-users as set forth in these Terms of Use.

When you first start using the Service, you will be given the option to choose a Zepeto avatar for use in Z-Cut. Please note that the copyrights and other intellectual property rights relating to available Zepeto avtars are owned by Naver Z and/or its third-party licensing partners and that the use of such content will, in addition to what is stated in the Terms and Conditions, be subject to Zepeto’s current user terms.

Plotagon reserves the right to add, modify, or delete services, products and any information from the Service at any time. Plotagon makes no representation or warranty as to the completeness or accuracy of the Service or information contained in the Service, nor does Plotagon represent or warrant that the Service will be available at all times or at any time. The information contained in the Service may be incomplete, may contain errors, or become out of date at any time. Plotagon makes no commitment and expressly disclaims any duty to update any of the content in the Service.

Accounts

Before using Z-Cut, you must register a user account. You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to access your account. Plotagon reserves the right to disable or block accounts without notice in its sole discretion.

You acknowledge that the Service is not intended for children under the age of 13.

Registration

You acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested when registering an account and (b) maintain and update this information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Service and you hereby accept sole responsibility for all activities that occur under your account or password.

Plotagon reserves the right to refuse service, terminate accounts, remove or edit content in their sole discretion for any reason whatsoever.

Payment

You agree to fully pay for all services ordered from Plotagon in accordance with our applicable payment terms and methods. Such services may include both monthly Z-Cut subscriptions based on your chosen subscription plan and optional in-app purchases. If you are paying with credit card you are responsible for providing us with valid credit card information to secure payment. Plotagon reserves the right to cancel any order if the credit card information you provide is not valid.

To provide secure payments via the Z-Cut application, we work with Apple (App Store) and Google (Play Store), depending on your mobile device, as independent third-party payment service providers. As independent service providers, their terms and conditions apply for the payment services. We will not have access to or store any payment card information.

Fees, cancellation and payment terms

The current fees and payment terms can be viewed in the application. Plotagon reserves the right to change the fees and availability of any of the Service at any time without notice; provided, however, such price change will not affect your purchase price for orders that we have already actually received from you and processed.

If your use of the Service is subject to any type of applicable taxes, then Plotagon may charge you for any such taxes, in addition to any fees.

Access

In consideration of the payment of the fees and subject to your registering for an account and compliance with the terms contained herein, Plotagon will, upon receipt of your payment, provide you with access to the Service. If Plotagon is unable to process your payment at any time, your access to the Service, or any part thereof, may be suspended or terminated at Plotagon’s discretion.

License

Upon establishing a valid account, and subject to your making any applicable payment and continued compliance with the Terms of Use, Plotagon grants you a limited, non-exclusive, non-transferrable, revocable license to access and use the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by the Company, in a manner permitted by these Terms of Use.

Restrictions on use

Your access and right to use the Service is subject to your proper conduct and compliance with applicable laws. You are strictly prohibited from: i) Creating User Content with the Service that infringes or violates any third party rights (including, but not limited to, Intellectual Property Rights, privacy rights and publicity rights), defames a third party or otherwise violates applicable laws; ii) Uploading any audio content (including, but not limited to, voice recordings, sounds or music) to the Service that infringes or violates any third party rights (including, but not limited to, Intellectual Property Rights, rights of privacy and rights of publicity), defames a third party or otherwise violates applicable laws; iii) Posting content or taking action on the Website or via the Service that infringes or violates third party rights or otherwise violates applicable laws; iv) Using Plotagon’s or Zepeto®’s copyrights or trademarks or any confusingly similar marks; v) Uploading invalid data, viruses, worms, or other software agents through the Service; vi) Impersonating another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud; vii) Collecting information from other users without obtaining their consent and making it clear that you (and not Plotagon) are the one collecting their information; xiii) Making public anyone’s identification documents or sensitive financial information or posting such information via the Service, the Z-Cut website or other permitted websites; ix) Taking any action that imposes an unreasonable or disproportionately large load on the Service; x) Use the Service for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms of Use or Zepeto’s current user terms; and xi) Using your own or third-party software to modify any content within the Service, or to bypass any part of the Service architecture to allow you to use the Service in ways other than those intended by us.

Links to Other Websites

The Service may contain links to other websites and/or services. Plotagon does not review or evaluate all of the sites linked to in the Service and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these sites, nor is it responsible for the advertising, products, or other materials that appear on or are offered by such sites. You should carefully review the respective conditions of use for each of these sites and their related services. Under no circumstances shall Plotagon be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, or services available on such sites or via such services.

Termination

To terminate your purchased subscription plan, please log in to the Apple App Store or Google Play Store, and use each platform’s subscription settings. You can always contact us at support@plotagon.com for help on how to end your subscription.

Upon termination, your right to access the Services included in your subscription will be revoked after the last day of your current subscription period.

Seizure Warning

In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Plotagon takes no responsibility for such effects and end results and the user is using the Service on his/her own risk.

Plotagon Intellectual Property

You acknowledge and agree that all content, design elements, and materials available in the Service, including without limitation, digital characters, environments, buildings, rooms, objects, animations, actions, music, sounds, tools, software, code, engines etc. (“Plotagon Content”) is owned by Plotagon and/or its partners and licensors and protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights of Plotagon and/or its partners and licensors. Plotagon and its partners and licensors retain all right, title and interest in and to the Plotagon Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Plotagon Content on a stand-alone basis in any form or for any means. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit Plotagon Content in any way unless expressly permitted in these Terms of Use. You agree not to disassemble, decompile or reverse engineer any software or other component of the Service or Plotagon Content.

User Content

By using the Service you may create certain content such as animated stories, characters, movies, scenes etc. Except for the Plotagon Content contained therein, any intellectual property right and title to such submissions shall remain and where applicable shall become your intellectual property, including textual representations (e.g., stories, manuscripts, screenplays, etc.) and/or audio content (e.g., voice recordings, sounds and music etc.) created and submitted by you for use in the Software. That portion of a submission that is not Plotagon Content is sometimes referred to herein as “User Content”. By publishing any submission containing User Content via the Service you represent and warrant that you have all rights necessary to grant the licenses contained herein. Furthermore, you represent and warrant that there is no suit, action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content, or any part thereof, or which might in any way impair the rights granted by you hereunder.

In addition to the additional requirements set out herein, User Content must comply with all guidelines and requirements as may be notified to you by Plotagon from time to time and must not contain content that: i) includes graphic depictions of gratuitous or excessive violence; ii) is sexually explicit; iii) includes profane or obscene language or gestures; iv) depicts intoxication or substance abuse; v) promotes negative racial, ethnic, gender, political or religious stereotypes; vi) makes negative or disrespectful use of religious symbolism; or vii) reflects adversely on the name, reputation or goodwill of Plotagon.

You agree that Plotagon shall be given the irrevocable, sub-licensable, perpetual, worldwide, royalty free right to utilize, perform, reproduce, modify, edit, publicly perform, distribute and publicly display distribute your User Content as contained in any published Video in any and all media now known or hereafter devised for research, development marketing and promotional purposes and to feature your User Content and published Videos, and any part thereof, in its services, for example in tutorials etc.

Protection of Third-Party Rights

You shall be fully responsible for your User Content and represent that any content that you post through the Service (including, without limitation all stories, manuscripts, screenplays, voice recordings, sounds and music) does not infringe on any third party’s Intellectual Property Rights or other rights under applicable law, such as privacy rights etc. You are responsible that no copyright protected material owned or controlled by third parties is inserted into your User Content without the prior written consent of such third party. Plotagon will delete or remove any of your uploaded content if Plotagon believes it is infringing someone else’s Intellectual Property Rights or otherwise infringes applicable law. If you believe Plotagon has removed such content by mistake, you may notify us and Plotagon may, but has no obligation to, provide you with an opportunity to appeal that decision. If you repeatedly infringe other people’s intellectual property rights, Plotagon will disable your account and take such action as we may deem appropriate.

Publishing of Videos and streaming

We appreciate our users sharing content with others over the internet, such as uploading animated stories, movies, scenes etc. (collectively “Videos”) on platforms such as YouTube and Twitch, and we understand that this sometimes entails receiving monetary compensation for advertisements placed in the Videos. We do not restrict such commercial use and allow the use of Plotagon Content (such as our name, logos, icons, trademarks, graphics, images, moving images, sound, and illustrations) for such purposes, subject to the restrictions set out herein.

Your Videos shall be available to consumers free of charge at the time of consumption, and your revenue shall derive from other sources, such as through sponsors or advertisement banners in your Videos. You may not use Plotagon Content to distribute your Videos through channels that are provided pay-per-view or require a paid subscription, unless such Videos are also made available to consumers free of charge.

You may use Plotagon Content for Videos uploaded to other sites (such as YouTube and Twitch) for the above-described purposes, when the following conditions are met:

• your Video is accessible to consumers free of charge,

• the Plotagon name and trademark occurs in a subsidiary name or title or is a subsidiary part of the name or title of the video,

• it is necessary to use Plotagon Content for the purpose of the Video,

• you add your own unique content to the Videos, such as your voice and/or likeness,

• you don’t sell physical copies of such Videos, e.g. using optical discs, usb-drives or similar,

• you don’t distribute your Videos on television, and

• you don’t include illegal, violent, offensive, pornographic, or otherwise improper content in your Videos.

Unless specifically agreed between us, you may not use Plotagon Content in a way that indicates that we would be the publisher, have approved or in any way be associated with the uploaded Videos.

In relation to all use of Plotagon Content (whether permitted or not), all Intellectual Property Rights are and shall remain vested in Plotagon Production AB. We have the right, at any time and at our discretion, to revoke your right to use our Plotagon Content if we consider it to be inappropriate or unsuitable.

All commercial use that is not described herein shall be prohibited. For any other use or utilization of our Plotagon Content than described herein, you must be granted prior written approval. You can contact us at support@plotagon.com for inquiries.

Disclaimers and Limitations on Liability

To the maximum extent permitted by law, Plotagon provides the Service on an “as is” and “as available” basis, which means we do not provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the quality of any services, information, or other material purchased or obtained by you through Plotagon will meet your expectations, and (v) any errors in the Service will be corrected.

You assume full responsibility for the use of the Service and Plotagon disclaims liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.

We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of the Service. Your sole remedy against us for dissatisfaction with Plotagon is to stop using the Service. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.

Plotagon shall have no liability for your interactions with other users. Plotagon takes no responsibility and assumes no liability for any User Content that you or any other users or third parties share when using the Service. You acknowledge, understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose and you agree that Plotagon shall not be liable for any damages you allege to incur as a result of such User Content. To the maximum extent permitted by applicable law, under no circumstances shall Plotagon be liable for any indirect, incidental, special or consequential damages arising from the use of the Service.

If, notwithstanding the other provisions of the Terms of Use, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service, our liability shall not exceed what you paid us for the Service in the previous three months. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnification

Your use of the Service constitutes your agreement to defend, indemnify, and hold harmless Plotagon, its parent companies, subsidiaries, affiliates, licensors and partners, and its and their respective members, employees, contractors, agents, officers, and directors, from and against any actions, losses, claims, demands, liability, damages, costs and expenses, including reasonable attorneys’ fees, arising out of: (i) your (or a third party using your account) use or misuse of the Service including any content uploaded or created by you (or a third party using your account); (ii) your breach of these Terms of Use, including, but not limited to, any representation or warranty here under; (iii) your violation of any third-party right, including, without limitation, any right of publicity, privacy or Intellectual Property Rights; and (iv) violation of any applicable law or regulation.

Take Down Notice Policy

Plotagon respects the intellectual property of others and expects our users to do so as well. If you believe that a Video or other content accessible in Z-Cut is in violation of your copyright or trademark rights, please submit a “Take Down Notice” including the information set out below:

• A statement identifying in sufficient detail, the work or intellectual property that you claim has been infringed;

• A statement identifying in sufficient detail, the work or intellectual property you claim to be infringing so that the material can be located;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of the work that is allegedly being infringed; and Sufficient contact details for the person making the complaint, including an address, telephone number and e-mail address and the physical or electronic signature of the person making the complaint.

The Take Down Notice should be submitted to Plotagon at takedown@plotagon.com and/or by mail to the following address:

Plotagon Production AB

Hammarbyterrassen 3,

120 30 Stockholm

Sweden

After reviewing your Take Down Notice, Plotagon will remove or disable access to the applicable material if we consider it appropriate to do so. Plotagon may advise the alleged infringer of your claim and you expressly authorize Plotagon to do so.

Law and Jurisdiction

The Terms of Use is governed by and construed in accordance with the laws of Sweden, excluding conflict of interest laws. You agree to submit to the exclusive jurisdiction of the district court of Stockholm (Stockholms Tingsrätt), Sweden as first venue for any cause of action arising out of or relating to the Service or the Terms of Use.

Severability

If for any reason any provision of the Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

Changes to Terms of Use

We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates.

If these Terms of Use are changed in any material respect (for example, for security, legal, or regulatory reasons) after you have signed up for the Service, we will notify you in advance by an email to the email address that you have provided to us, and the revised Terms of Use will become effective six (6) weeks after such notification. You will have no obligation to continue using the Software following any such notification, but if you do not terminate your account during such six (6) week period, your continued use of the Software after the end of that six (6) week period will constitute your acceptance of the revised Terms of Use.

Entire Agreement

This Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Plotagon may assign its rights under the Terms of Use without notice to you.

Last amended: February 7, 2021