Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website at cyclop.com and the CineRights software platform ("Service") operated by Cyclop ("Cyclop", "we", "us"), established in Brussels, Belgium.

By accessing the website or registering for beta access to CineRights, you ("User", "you") agree to be bound by these Terms. If you do not agree, do not use the Service. These Terms constitute a binding agreement between you and Cyclop.

1. About the Service

Cyclop develops and operates CineRights, a web-based software platform for European film distributors and rights owners. CineRights provides tools for theatrical booking management, rights and contract administration, royalty calculation, and sales tracking across exploitation windows including theatrical, free TV, pay TV, SVOD, TVOD, AVOD, DVD/Blu-ray, and EST.

The Service is directed exclusively at business users (B2B). Consumer use is not intended. If you are acting as a consumer within the meaning of applicable European consumer protection law, these Terms may not fully apply to you.

2. Beta Access

CineRights is currently in a beta phase. Access is by invitation or approved request only. Beta access is provided:

• free of charge unless otherwise agreed in writing;
• without service level guarantees or uptime commitments;
• subject to change, suspension, or termination at any time at Cyclop's sole discretion;
• for evaluation purposes; production use requires a separate written agreement.

Cyclop may collect feedback from beta users and use it to improve the Service. Feedback does not create any intellectual property rights in your favour.

3. Eligibility and Registration

To register for the Service you must:

• be a legal entity or an individual acting in a professional or business capacity;
• provide accurate, complete, and current registration information;
• have the authority to bind your organisation to these Terms if registering on its behalf.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• use the Service in any way that violates applicable law or regulation, including data protection law;
• transmit any unsolicited commercial communications;
• attempt to gain unauthorised access to any part of the Service or its infrastructure;
• reverse-engineer, decompile, or otherwise attempt to derive the source code of the Service;
• upload, transmit, or store content that is unlawful, infringing, or harmful;
• use the Service to process data relating to individuals in breach of GDPR or other applicable data protection legislation;
• resell, sublicense, or make the Service available to third parties without prior written consent.

5. Intellectual Property

All intellectual property rights in the Service, including source code, design, databases, trademarks, and documentation, are and remain the exclusive property of Cyclop or its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service solely for its intended purpose during the term of your agreement with Cyclop.

You retain all rights in data and content you upload to the Service ("Your Data"). You grant Cyclop a limited licence to store and process Your Data solely to provide the Service.

6. Data Protection

Each party shall comply with applicable data protection law, including GDPR. Where Cyclop processes personal data on your behalf in connection with the Service, the parties shall enter into a Data Processing Agreement (DPA) as required by Article 28 GDPR. Our general data processing practices as a controller are described in our Privacy Policy.

7. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service, and to use such information only for the purpose of exercising rights or fulfilling obligations under these Terms. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

8. Disclaimers and Limitation of Liability

8.1 Beta disclaimer

During the beta phase, the Service is provided "as is" and "as available" without warranty of any kind. Cyclop makes no representations regarding availability, accuracy, or fitness for a particular purpose.

8.2 Limitation of liability

To the maximum extent permitted by Belgian law, Cyclop's total aggregate liability arising out of or in connection with these Terms — whether in contract, tort, or otherwise — shall not exceed €500 or the amount paid by you to Cyclop in the 12 months preceding the claim, whichever is greater.

Cyclop shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, or liability that cannot be excluded under mandatory Belgian or EU law.

9. Suspension and Termination

Cyclop may suspend or terminate your access to the Service at any time, with or without notice, if:

• you breach these Terms;
• required by law or a competent authority;
• the beta phase concludes;
• Cyclop decides to discontinue the Service.

You may stop using the Service at any time. Upon termination, your licence to use the Service ceases immediately. Sections 5, 7, 8, 10, and 11 survive termination.

10. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Belgium, without regard to its conflict-of-law provisions.

Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Brussels, Belgium, unless mandatory provisions of EU law provide otherwise.

Nothing in this clause affects your rights under mandatory consumer protection legislation if applicable.

11. Changes to These Terms

Cyclop may update these Terms from time to time. We will provide reasonable notice of material changes, either by email or via a prominent notice on the website. Continued use of the Service after the effective date of revised Terms constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Service.

12. Miscellaneous

• Entire agreement: these Terms, together with our Privacy Policy and any signed order form or DPA, constitute the entire agreement between you and Cyclop regarding the Service.
• Severability: if any provision is found unenforceable, the remaining provisions remain in full force.
• No waiver: failure to enforce any right does not constitute a waiver of that right.
• Assignment: you may not assign your rights or obligations under these Terms without Cyclop's prior written consent. Cyclop may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Language: these Terms are provided in English. In case of conflict with any translation, the English version prevails.

13. Contact

Questions about these Terms:
info@cyclop.com Cyclop, Brussels, Belgium