You have arrived here because a production company, studio, videographer or photographer sent you a link to view a proposal, sign a document, pay an invoice, review a cut, pick up finished files, or read a call sheet. We call that business the Studio. We are Cutvey LLC, and Cutvey is the software the Studio uses to run its business.
These terms cover your use of Cutvey. They are shorter than our full Terms of Service, because your real relationship is with the Studio, not with us. Section 3 is longer than the rest, because the law requires us to tell you certain things before you sign anything electronically.
If you have a Cutvey account of your own (you pay us for a subscription), the full Terms of Service apply to you instead of these.
Before you sign or pay, we ask you to accept these terms. You will see a box that says "I have read and accept the Cutvey Terms for Invited Users", with these terms open next to it. It is never ticked for you. We show it the first time you do something that matters, on a Cutvey page or in a Cutvey app: sign a document, pay an invoice, download a file, leave a comment, or set a passcode. Simply opening a page we send you does not make you accept them. If you do not accept, you can still read what the Studio sent you, and you can ask the Studio to deal with you on paper or by another route instead.
Four things apply to you from the moment you use a link, whether or not you accept these terms.
Those are the terms on which the Studio made the link work for you. They are also obligations you may owe anyway, under copyright law, under the law of confidence, and under the computer misuse laws of most countries.
We record each acceptance, including the date and time, the email address or link used, the IP address and the version of these terms, we email you a copy so you have your own record, and we will give you the acceptance record if you ask.
In return for accepting these terms you get a free right to use Cutvey to do what the Studio invited you to do, for as long as your link works. That is the consideration for this agreement. You pay us nothing.
You must be at least 18 years old to sign a document or pay an invoice through Cutvey. If you are under 18, ask the Studio for a paper document and have a parent or guardian handle it.
Disputes with Cutvey. Section 9 explains how disputes with Cutvey LLC itself are resolved. If you are outside the United States, or you are using Cutvey as a consumer rather than for a business, you can always go to the courts where you live. If you are a business user in the United States, Section 9 contains an agreement to resolve disputes by individual arbitration and a waiver of class actions and of jury trial, with a free 30 day opt out. Please read it.
The Studio is your counterparty. Whatever you are here to do (agree a project, sign a contract, pay for work, approve an edit, receive files, work a shoot), the deal is between you and the Studio. The Studio wrote the documents, set the prices, chose the deadlines and owes you the work.
Cutvey is the tool. We host the software the Studio uses. We are not a party to your agreement with the Studio, we do not review or approve what the Studio sends you, we have no say in the deal, and we do not take a share of what you pay. We cannot change a document, cancel an invoice, extend a deadline, release a file or settle a dispute for you.
The Studio may have Cutvey running under its own brand and its own web address. That does not change any of the above.
Links are the keys. Anyone holding the link you were sent can generally do what that link allows, so treat it like a key:
Links can expire, be passcode protected, or be revoked by the Studio at any time. If yours stops working, contact the Studio.
The Cutvey Acceptable Use Policy, at https://cutvey.com/legal/aup, applies to you as well. In short: nothing illegal, no attacks on the service, no harassment, no scraping, and do not try to reach material you were not shown. If you do any of those things we may block your link and tell the Studio.
Blocking a link is not our only remedy, and nothing here limits what we or the Studio may do about serious misuse. If instead you want to report a security problem to us, we welcome that: the rules for doing it safely, and what we promise you in return, are in the Acceptable Use Policy.
Some of these are also legal obligations you owe the Studio or whoever owns the material, whether or not you accept these terms: copying or sharing someone's unreleased footage without permission is a copyright problem for you, and trying to reach links or pages you were not given is unauthorized access under the computer misuse laws of most countries.
If the Studio asks you to sign a proposal, contract, release, change order or call sheet acknowledgment, please read this part.
Before we show you a document to sign, we ask you to agree to receive and sign it electronically, and you agree by clicking the button that says so. You do not have to. You can ask the Studio for a paper document to sign by hand instead, and asking costs you nothing from us. Here is what you need to know before you agree.
Once you have given that consent, when you click to sign, type your name or draw your signature, your electronic signature has the same legal effect as a handwritten one under the US federal ESIGN Act, your state's Uniform Electronic Transactions Act, and comparable law where you are.
Some kinds of document cannot be signed electronically at all, including wills, codicils and testamentary trusts, and certain family law, court, eviction, foreclosure, notice of default, insurance cancellation and hazardous materials documents. Cutvey must not be used for those, and if you are asked to sign one of them through Cutvey, stop and tell the Studio.
If you are signing outside the United States, your signature through Cutvey is an electronic signature. In the European Union and the United Kingdom, Regulation (EU) 910/2014 (eIDAS) and its UK equivalent mean a signature cannot be refused legal effect just because it is electronic, and a court decides what weight to give it. In Brazil, an electronic signature is valid between the people who agreed to use it under Lei 14.063/2020 and MP 2.200-2. Cutvey provides a simple electronic signature, not a qualified or certified one.
Some documents need a stronger signature or a different form. In some countries certain documents must be signed by hand, before a notary, or with a qualified electronic signature or a certificate issued under a national scheme (for example section 126a of the German Civil Code, or ICP-Brasil in Brazil). Documents about land, wills and inheritance, family matters, employment termination and some guarantees are common examples. Cutvey does not check this. If the document matters, check with a lawyer where you are before you rely on a Cutvey signature for it.
When you sign, Cutvey records your name, the signature image, the date and time, and your IP address, together with the email address the Studio sent the document to. That record is kept so the signature can be proven later. The Studio can see it, and the record lives in the Studio's Cutvey workspace.
If you sign on the Studio's own device, for example on a tablet handed to you on set, the IP address and device information in that record are the Studio's and not yours, and the record will look that way to anyone who reads it later. The record does not show that you read the document, that you understood it, or that you could read the language it was written in. If any of that could be questioned later, ask for paper.
Download your copy. We email you a PDF of anything you sign, together with its signing record, at the moment it completes. You can also download it at the time you sign and afterwards while the link is live. Do both, and keep the email. If the Studio closes its Cutvey account, the document and its signing record are deleted with the workspace, and after that we cannot produce them or prove your signature for you. We are not your archive. The copy we email you is.
Cutvey does not review, verify or approve the content of anything you sign. Templates in Cutvey are generic starting points that the Studio may have edited. Nothing you see in Cutvey is legal advice from us. If the document matters to you, read it carefully, and get your own lawyer if you need one.
Are you allowed to sign? If you are signing for a company, make sure you actually have authority to bind it, and that the document says who you are and in what capacity you sign. We do not check any of that, and neither necessarily does the Studio. A signature by someone without authority can leave you personally exposed.
If you are under 18. Do not sign through Cutvey. Ask the Studio to send the document to your parent or guardian instead.
Signing for a child. Where a document covers a child, for example a talent or location release, the person who signs must be that child's parent or legal guardian, signing in that capacity and for that child, and the Studio is responsible for confirming that they are. Say so in the document when you sign, name the child, and keep your copy. In some places a guardian's signature is not enough on its own for a child performer, and a permit, a court approved contract, a trust account or a second parent's signature may also be needed. That is the Studio's job to get right, not ours, and we do not check it.
If you pay an invoice through Cutvey, the money goes to the Studio's own payment account, processed by the payment provider named on our subprocessor list, which today is Stripe. It does not pass through Cutvey. We never hold, receive or control your money, and we take no part of it.
That means:
The Studio decides what personal information about you goes into Cutvey and why. For that information, the Studio is the data controller and we act on its instructions. If you want to see, correct or delete your information, or you want to know why the Studio has it, contact the Studio. We will pass on requests we receive, but the Studio has to answer them.
Our Privacy Policy explains what we do as the Studio's provider, what we collect about visitors to our own systems, and how to reach us. The Studio should also have its own privacy notice for you.
What we hold as our own. A small amount of what we hold about you is decided by us rather than by the Studio:
We are the controller of those. We use them only to prove what happened and to keep the service safe, and our Privacy Policy says how long we keep them. Ask us about them at [email protected].
Tracking. The Studio can see when you open its emails, click its links, and view its documents and cuts, including when and for how long. That is a feature of the software the Studio bought, and telling you about it is the Studio's responsibility, though we are telling you here too. Where the law where you are requires your consent before that tracking happens, we ask you for it the first time you open a link, and you can say no and still see everything the Studio sent you. You can change your answer at any time from the link at the bottom of any Cutvey page you were sent.
Reaching us directly. For anything about your project, your document, your invoice or your files, contact the Studio. For anything about Cutvey itself, including how we handle personal data as the Studio's provider, a problem with a link, or something on Cutvey you think breaks the law, email [email protected]. That address is also our contact point for recipients of our service under Article 12 of Regulation (EU) 2022/2065, and we accept messages in English, French, German, Spanish and Portuguese. If you are in the European Union, the European Economic Area or the United Kingdom, you can also complain to your data protection authority, and to the Studio's.
Cutvey is provided to you "as is" and "as available". To the fullest extent the law allows, we make no warranties of any kind about it, including that it will be available, uninterrupted, error free or secure, that a link will work, that an email will arrive, that a file will download, or that any document you sign through it is valid or enforceable.
Keep your own copies of anything that matters to you, including signed documents and delivered files. Do not rely on a Studio's Cutvey workspace as your archive: if the Studio closes its account, stops paying, goes out of business or deletes its workspace, the links it sent you will stop working and the files and signing records behind them will be deleted. Download your deliverables when you get them.
We will warn you first. If you are named on a delivery, a signed document or an invoice in a workspace that is about to be deleted, we email you before it happens, at the address the Studio used for you. We tell you the date, and how to ask the Studio for a copy, and how to ask us to hold the material while you get a court order. That is a commitment, not a courtesy, and it is the reason we hold your email address at all.
If you are a consumer, nothing in this section takes away the rights your local law gives you, including any right to a service supplied with reasonable care and skill.
You do not pay us anything, and we do not control the deal you have with the Studio, so our responsibility to you is limited. To the fullest extent the law allows, we are not liable to you for indirect, incidental, special, consequential or punitive damages, or for lost profits or lost business, and our total liability to you for everything connected with Cutvey will not exceed one hundred United States dollars (US$100).
Cutvey is provided to you free of charge: money you pay through Cutvey goes to the Studio, not to us, and we take no part of it. This limit applies whether your claim is in contract, in tort (including negligence), under statute or on any other basis, and it includes claims arising from our own negligence.
These limits never apply to:
If you are a consumer, you keep every right your local law gives you, whatever this section says, including your right to complain to your data protection authority and to bring a claim in the courts where you live.
If the work is late, the file is wrong, the invoice is disputed, the contract was not what you expected, or the Studio will not talk to you, that is a matter between you and the Studio. We cannot mediate it, decide it, or take sides, and we will not release funds, files or documents on your say so.
Getting your files when the Studio will not give them to you. We hold the Studio's workspace, not yours. We cannot copy files out of it to you, to another vendor, or to your lawyer, on your request alone. That is true even if you paid in full and even if you own the work. What we will act on is a court order, an arbitral award, valid legal process, or a written instruction from the Studio. If you think you will need the material, tell us in writing what it is and what proceeding it relates to, with PRESERVE in the subject line, and we will consider holding it while you get an order.
If you tell us a Studio is using Cutvey to break the law or our Acceptable Use Policy (fraud, harassment, spam, infringing material, illegal content), email [email protected] with "NOTICE" in the subject and we will look into it, confirm we received it, and tell you the outcome. That is enforcement of our own rules, not a resolution of your dispute.
If a court or an arbitrator orders us to do something, we will comply with it.
PLEASE READ THIS SECTION. IT AFFECTS YOUR RIGHT TO GO TO COURT AND TO HAVE A JURY DECIDE YOUR CLAIMS.
Talk to us first. If you have a dispute with Cutvey LLC itself, email [email protected] with "Notice of Dispute" in the subject, telling us your name, the email address the Studio used for you, what happened and what you want. We answer within 14 days and we will try in good faith to sort it out for 60 days, and neither of us starts a formal proceeding before then. We will do the same before we start one against you.
If you are outside the United States, or you are using Cutvey as a consumer rather than for a business, you can bring any claim against us in the courts of the country, state or province where you live, under the law that applies there, and we will bring any claim against you only there. There is no arbitration, no waiver of class actions and no waiver of a jury for you, and nothing in these terms takes away a right your local law gives you that cannot be waived. If you are in Quebec, Ontario or Brazil in particular, the arbitration agreement and the class action waiver below do not apply to you at all.
If you are a business user in the United States, the rest of this section applies to you.
Individual arbitration. If we cannot sort it out informally, you and Cutvey each agree that any dispute between you and Cutvey arising out of or relating to these terms or your use of Cutvey will be resolved by final and binding individual arbitration and not in court, administered by the American Arbitration Association under its Consumer Arbitration Rules where those apply and otherwise its Commercial Arbitration Rules, before one arbitrator, seated in Orange County, Florida. You may elect that any in person hearing be held in the county where you live. The Federal Arbitration Act governs this section. Cutvey pays all AAA filing, administrative and arbitrator fees above what it would have cost you to file the same claim in court where you live, unless the arbitrator finds your claim frivolous. Because you pay us nothing, we do not ask you to pay any of our costs.
Who decides what. An arbitrator, and not a court, decides every issue about this arbitration agreement, including whether it applies to a particular dispute and whether it is valid and enforceable, except that a court decides the enforceability of the class action waiver below.
You can opt out, free, in 30 days. Email [email protected] within 30 days after you first accept these terms, saying you opt out of arbitration and giving your name and email address. We will confirm within 5 business days. Opting out changes nothing else, and we will not treat you differently for it.
Small claims and injunctions. Either of us can bring an individual claim in small claims court instead, and either of us can ask a court for temporary or preliminary relief.
No class actions, no jury. YOU AND CUTVEY EACH AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND IF ANY CLAIM PROCEEDS IN COURT YOU AND CUTVEY EACH WAIVE ANY RIGHT TO A JURY TRIAL. Nothing in this paragraph waives any right you may have to seek public injunctive relief, and a claim for public injunctive relief goes to court while everything else goes to arbitration. If the class action waiver is held unenforceable as to a claim, that claim is stayed until the rest is resolved in arbitration and then goes to the state or federal courts in Orange County, Florida, and the rest stays in arbitration. If the agreement to arbitrate is held unenforceable in its entirety, the class action waiver falls with it.
Time limits. We do not shorten any limitation period the law gives you.
Mass filings. If 25 or more substantially similar demands are filed against Cutvey within 90 days, the mass arbitration protocol in Section 30.6 of the Cutvey Terms of Service applies, including your right under that protocol to withdraw to court if your case has not been assigned an arbitrator within 18 months. That protocol is published with these terms at https://cutvey.com/legal/terms.
Florida law. Florida law governs, without its conflict of laws rules, and disputes not in arbitration go to the state or federal courts in Orange County, Florida. This paragraph does not apply to anyone covered by the "outside the United States, or a consumer" paragraph above.
We may update these terms. The current version is always at https://cutvey.com/legal/invited-users. When these terms change, the version they replace will be kept at https://cutvey.com/legal/archive. We email you a copy when you accept them.
Email from us. We email you a copy of these terms when you accept them, and a copy of anything you sign. Those are records of what you did, not marketing, and there is nothing to unsubscribe from. We never add you to a Cutvey marketing list because a Studio sent you a link.
Cutvey LLC 7901 4th St N, Ste 300, St. Petersburg, FL 33702, USA [email protected]
For anything about your project, your document, your invoice or your files: contact the Studio that sent you the link.
