Cinemetrics FilmPulse Terms of Use

1. Introduction and Acceptance

Welcome to Cinemetrics FilmPulse, an audience testing platform operated by Cinemetrics Research, LLC (“Cinemetrics Research,” “we,” “us,” or “our”). Cinemetrics FilmPulse is an integrated service within the Cinemetrics Research website.

By creating a Cinemetrics FilmPulse account, accessing the platform, or using any of its features, you agree to be bound by these Terms of Use. If you do not agree to these Terms, you may not use Cinemetrics FilmPulse.

These Terms of Use are supplemental to and should be read in conjunction with the Cinemetrics Research Terms of Service. In the event of any conflict between these Cinemetrics FilmPulse Terms of Use and the main Cinemetrics Research Terms of Service, these Cinemetrics FilmPulse-specific terms shall govern with respect to your use of the Cinemetrics FilmPulse platform.

2. Description of Service

Cinemetrics FilmPulse allows independent filmmakers and content creators to test video content with audiences by:

• Embedding video links to trailers, rough cuts, test footage, or completed works
• Building surveys using our curated library of research-grade questions
• Publishing surveys and sharing them with respondents
• Receiving aggregated audience feedback through insights dashboards

Cinemetrics FilmPulse is designed for legitimate creative research and audience testing purposes only.

3. Eligibility and Account Requirements

3.1 Age Requirement

You must be at least 18 years of age to create a Cinemetrics FilmPulse account. By creating an account, you represent and warrant that you are at least 18 years old.

3.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update this information as necessary to keep it accurate and complete.

3.4 One Account Per User

You may not create multiple accounts to circumvent tier limitations, payment requirements, or any other restrictions on the platform.

4. Acceptable Use Policy

You agree to use Cinemetrics FilmPulse only for lawful purposes and in accordance with these Terms. Specifically, you agree NOT to:

4.1 Prohibited Content

Upload, link to, or test any content that:

• Contains or promotes illegal activity, including but not limited to child sexual abuse material, human trafficking, or the sale of controlled substances
• Depicts graphic violence, torture, or cruelty intended to shock or disgust
• Contains sexually explicit material involving minors or non-consensual sexual content
• Promotes, incites, or glorifies terrorism, hate speech, or violence against individuals or groups based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or other protected characteristics
• Infringes upon the intellectual property rights, privacy rights, or any other rights of third parties
• Contains malware, viruses, or any other harmful code
• Is defamatory, harassing, threatening, or abusive

4.2 Platform Misuse

• Use the platform for any commercial purpose other than testing your own creative work (e.g., using Cinemetrics FilmPulse to conduct market research for products or services unrelated to film/video content)
• Attempt to manipulate, bias, or artificially inflate survey results
• Use the platform to collect email addresses or personal information from respondents for purposes other than the stated survey
• Scrape, data mine, or use automated systems to access the platform
• Reverse engineer, decompile, or attempt to extract the source code of the platform
• Share your account credentials with others or allow others to use your account
• Circumvent any access restrictions, rate limits, or security measures

4.3 Spam and Abuse

• Send unsolicited survey links or spam respondents
• Create surveys with the intent to harass, deceive, or defraud respondents
• Use the platform to phish for personal information under false pretenses

5. Content Standards and Video Restrictions

5.1 Filmmaker Responsibility

You are solely responsible for all video content you link to or test on Cinemetrics FilmPulse. By using the platform, you represent and warrant that:

• You own or have obtained all necessary rights, licenses, and permissions to the content you are testing
• Your content does not violate any applicable laws, regulations, or third-party rights
• Your content complies with the Acceptable Use Policy outlined in Section 4

5.2 Content Not Suitable for Cinemetrics FilmPulse

While Cinemetrics FilmPulse is designed for testing creative work, certain types of content are not appropriate for our platform even if they are legal. We reserve the right to remove or refuse to host surveys for content that:

• Is excessively violent or disturbing beyond what would receive a standard film rating (e.g., content that would clearly receive an NC-17 or equivalent rating without artistic merit)
• Is designed primarily to shock, offend, or exploit rather than to serve a legitimate creative or research purpose
• Violates the platform and YouTube terms of service, or Vimeo's community guidelines (since these are the embedding platforms we support)

5.3 Mature Content

If your content contains mature themes, violence, sexual content, or strong language appropriate to an R-rated film or equivalent, you should clearly communicate this to your survey respondents. However, such content must still comply with all other provisions of these Terms.

6. Our Rights to Monitor and Remove Content

6.1 Right to Review

We reserve the right, but are under no obligation, to monitor, review, or screen any content uploaded to or linked through Cinemetrics FilmPulse.

6.2 Right to Remove

We reserve the right to remove, disable access to, or refuse to display any content, and to suspend or terminate any user account, at any time and for any reason, including but not limited to content or conduct that:

• Violates these Terms of Use
• Violates the Acceptable Use Policy
• We believe may create liability for Cinemetrics Research or harm our reputation
• We receive a legal complaint or takedown notice about
• We determine, in our sole discretion, is inappropriate for the platform

6.3 No Refunds for Violations

If your account is suspended or terminated for violating these Terms, you will not be entitled to a refund of any fees paid for Cinemetrics FilmPulse services.

6.4 Cooperation with Law Enforcement

We reserve the right to cooperate with law enforcement authorities and to disclose user information, account details, and content in response to lawful requests, subpoenas, court orders, or when we believe in good faith that such disclosure is necessary to comply with the law or protect the rights, property, or safety of Cinemetrics Research, our users, or the public.

7. Intellectual Property Rights

7.1 Your Content

You retain all ownership rights to the content you test on Cinemetrics FilmPulse. By using the platform, you grant Cinemetrics Research a limited, non-exclusive, royalty-free license to display, transmit, and process your content solely for the purpose of operating the Cinemetrics FilmPulse service and delivering survey results to you.

7.2 Survey Responses

Survey response data is governed by the provisions outlined in the Cinemetrics Research Terms of Service, Section 6. In summary: aggregated, anonymized response data may be retained for industry benchmarking and service improvement, but your specific project data and results remain confidential to you.

7.3 Platform Intellectual Property

Cinemetrics FilmPulse, including its design, question library, survey builder, insights dashboard, and all associated trademarks, are the intellectual property of Cinemetrics Research, LLC. You may not copy, reproduce, modify, or create derivative works based on any portion of the platform.

8. Service Tiers and Payment

8.1 Tier Structure

Cinemetrics FilmPulse offers multiple service tiers as described on our pricing page: Free, Intro, Advanced, and Pro. Each tier has specific feature limitations and usage caps.

8.2 Payment Terms

Payment terms for paid tiers are governed by the Cinemetrics Research Terms of Service, Section 5. All fees are non-refundable except as required by law or as explicitly stated in a specific service agreement.

8.3 Tier Enforcement

If you exceed the limitations of your current tier (e.g., creating more surveys than allowed on the Free tier), we may restrict your access to certain features until you upgrade to an appropriate tier or your usage falls back within tier limits.

8.4 Price Changes

We reserve the right to modify our pricing structure at any time. Price changes will not affect active subscriptions until the next renewal period. We will provide notice of price changes at least 30 days before they take effect for existing subscribers.

9. Termination

9.1 Termination by You

You may terminate your Cinemetrics FilmPulse account at any time by contacting us at account@cinemetricsresearch.com. Termination does not entitle you to a refund of any fees already paid.

9.2 Termination by Us

We reserve the right to suspend or terminate your account, with or without notice, for:

• Violation of these Terms of Use
• Violation of the Acceptable Use Policy
• Non-payment of fees
• Extended periods of inactivity
• Any conduct we believe is harmful to the platform, other users, or Cinemetrics Research

9.3 Effect of Termination

Upon termination of your account:

• Your access to Cinemetrics FilmPulse will be immediately revoked
• Your surveys and project data may be deleted after a reasonable grace period (typically 30 days)
• You will no longer have access to any insights dashboards or response data
• Any outstanding payment obligations remain due

We may, at our discretion, provide you with an opportunity to export your data before final deletion, but we are under no obligation to do so.

10. Disclaimers and Warranties

10.1 Service Provided “As Is”

Cinemetrics FilmPulse is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

10.2 No Guarantee of Results

We do not warrant or guarantee that:

• The platform will be uninterrupted, secure, or error-free
• Survey responses will be accurate, representative, or useful
• Any specific number of respondents will complete your surveys
• The insights generated will lead to any particular outcome for your creative project

10.3 Statistical Confidence

The Confidence Level Meter displayed on insights pages is a guideline based on response volume relative to recommended sample sizes. It does not constitute a guarantee of statistical validity, representativeness, or research quality. Professional research interpretation is always recommended for critical decisions.

10.4 Third-Party Platforms

Cinemetrics FilmPulse relies on third-party video hosting platforms (YouTube, Vimeo). We are not responsible for any issues arising from these platforms, including but not limited to video takedowns, access restrictions, playback errors, or terms of service violations on those platforms.

11. Limitation of Liability

11.1 Cap on Liability

To the maximum extent permitted by law, the total liability of Cinemetrics Research, LLC for any claims arising from your use of Cinemetrics FilmPulse shall not exceed the total amount you have paid to Cinemetrics Research for Cinemetrics FilmPulse services in the twelve (12) months preceding the claim.

11.2 Exclusion of Damages

In no event shall Cinemetrics Research, LLC be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, reputation, or project opportunities, arising from your use of Cinemetrics FilmPulse or inability to use Cinemetrics FilmPulse.

11.3 User Conduct

You acknowledge that Cinemetrics Research is not responsible for the conduct of other users, the content they upload, or the responses they provide to your surveys. You use the platform at your own risk.

12. Indemnification

You agree to indemnify, defend, and hold harmless Cinemetrics Research, LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your use of Cinemetrics FilmPulse
• Your violation of these Terms of Use
• Your violation of any rights of another party, including intellectual property rights or privacy rights
• Any content you upload, link to, or test through the platform

13. Changes to These Terms

We reserve the right to modify these Terms of Use at any time. When we make material changes, we will:

• Update the “Last Updated” date at the top of this document
• Notify you via email or through a notice on the platform
• Provide you with at least 15 days' notice before the changes take effect for existing users

Your continued use of Cinemetrics FilmPulse after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must discontinue use of the platform.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law principles.

14.2 Dispute Resolution

In the event of any dispute arising from these Terms or your use of Cinemetrics FilmPulse, both parties agree to first attempt to resolve the matter through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration or mediation in accordance with the dispute resolution provisions outlined in the Cinemetrics Research Terms of Service, Section 11.

14.3 Venue

Any legal proceedings that cannot be resolved through arbitration or mediation shall be brought exclusively in the courts of the State of Wyoming, USA.

15. General Provisions

15.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.2 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

15.3 Entire Agreement

These Terms of Use, together with the Cinemetrics Research Terms of Service and Privacy Policy, constitute the entire agreement between you and Cinemetrics Research regarding your use of Cinemetrics FilmPulse.

15.4 Assignment

You may not assign or transfer these Terms or your Cinemetrics FilmPulse account to any third party without our prior written consent. We may assign or transfer these Terms or any rights or obligations hereunder without restriction.

16. Contact Information

If you have questions about these Terms of Use, please contact us at:

Cinemetrics Research, LLC
Email: info@cinemetricsresearch.com