Last Updated: 12/01/20241. Agreement Overview
These Terms of Use ("Agreement") constitute a legally binding agreement between Submotion, LLC, a Limited Liability Company organized under the laws of the State of Mississippi ("Submotion"), and the Customer ("Customer"). Failure to agree to and adhere to all terms, conditions, and obligations contained herein results in the prohibition of the Customer's use of the Services, requiring immediate discontinuation. Except for ongoing obligations, such as payment for services rendered, the relationship between Customer and Submotion shall cease upon termination of this Agreement.
2. Service Plans
Standard: Submotion shall deliver up to six videos per calendar month, including two High-Fidelity and four Low-Fidelity videos.
Submotion retains the right to begin work on new requests within three business days.
Submotion Pro: This plan assigns a dedicated animator to the Customer. While work hours per week are not guaranteed due to potential interruptions (such as vacations, sick leaves, etc.), Submotion strives to provide approximately 40 hours of dedicated service per week. No fixed quantity of video deliverables per month is committed. Response time for new service items is within two business days.
These Service Plans are subject to modification, enhancement, or revision at Submotion's sole discretion. Customers should regularly review terms for updates.
3. Cancellation and Renewal Policy
Customers must cancel their service at least seven days prior to the renewal date to avoid charges for the subsequent period. Failure to cancel within this timeframe will result in non-refundable charges due to the allocation of resources, such as assigned animators.
4. Automatic Acceptance of Work
Work delivered to the Customer will be deemed automatically accepted 48 hours after delivery, unless the Customer provides specific feedback or requests revisions within this timeframe. This policy is in place to facilitate the timely commencement of editing the next video, ensuring that Customers receive the highest quantity of content possible within their service plan.
5. Pricing Plans and Refund Policy
Customers may cancel their subscription at any time. However, as an editor is assigned to the account at the time of creation, no refunds are offered under any circumstances. In the event of a cancellation, Submotion ensures that the Customer will continue to receive the service as promised until the end of the current billing cycle. Please note that there are no partial month refunds, and the cancellation will take effect from the next billing cycle following the cancellation request.
6. Intellectual Property Rights
While Submotion retains ownership of the underlying content of the Services, including software, designs, trademarks, logos, audio, video, and general text (collectively, the “Content”) that are part of the Services, the specific works created for a Customer as part of the service (e.g., custom videos) are the property of the Customer upon full payment for the respective billing cycle. All such works are protected by copyright and assigned to the Customer, consistent with the laws and regulations of the United States, foreign jurisdictions, and international conventions. This transfer of ownership applies exclusively to completed work paid for by the Customer and does not extend to the general Content owned by Submotion.
7. Ownership of Materials
Consistent with the Intellectual Property Rights section, while Submotion retains ownership of its proprietary materials and general content used in the creation process, the Customer obtains full ownership of the final, delivered project work. This includes all design and original source files explicitly created for the Customer’s project. Upon full payment for the respective service, the Customer shall be the sole owner of the copyright for all completed projects. It should be noted that this transfer of ownership pertains only to the final, custom-created works and does not include Submotion’s underlying tools, project file, methods, or pre-existing materials.
8. Fonts
In the event that any Project incorporates fonts not owned by Submotion and requiring a commercial license for legal reproduction, distribution, or public display, Submotion will inform the Customer in writing. The Customer will need to purchase the appropriate licenses for the Third-Party Fonts. The Customer assumes all responsibility for consequences due to failure in purchasing required licenses for any Third-Party Fonts incorporated into a Project.