Terms of Service
These Terms of Service and End User License Agreement (the “Terms”) are a binding agreement between you and Bitsmart Global LLC (“ProCat”, “we”, “us”), the operator of the ProCat video editor at procatstudio.com, app.procatstudio.com and related services (together, the “Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
ProCat is currently offered in beta. Beta features are experimental, may contain errors, and may be modified, suspended or discontinued at any time without liability.
1. The Service
ProCat is a professional, browser-native video editor. Editing, color grading and preview run locally in your browser; your media is only transmitted to our servers when you explicitly start a cloud render. We may modify, suspend or discontinue any part of the Service at any time, with or without notice and without liability.
2. Eligibility & accounts
- You must be at least 16 years old (or the age of digital consent in your country) to use the Service.
- You must provide accurate information and verify your email address. Accounts are for individual users or authorized representatives of an organization; keep your credentials secure and do not share them.
- You are responsible for all activity under your account.
3. Plans, trials & billing
- Free tier and a one-time 14-day Pro trial (no payment card required) are available. Paid plans (Pro, Studio, Elite) are billed in advance on a recurring basis through our payment processor, Stripe.
- Paid plans auto-renew each billing period until cancelled. Cloud GPU-rendering allowances are granted per billing cycle and do not roll over.
- We may change prices or plan features; we will give notice of price changes before they take effect, and changes apply from your next renewal.
- You are responsible for applicable taxes.
4. Cancellation & refunds
You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing period, and you keep access until then. Except where required by law, payments are non-refundable and we do not provide partial-period refunds. You can cancel a trial at any time before it converts.
5. License to use ProCat
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal or business purposes. You may not:
- copy, modify, reverse engineer, decompile or attempt to extract the source code or models of the Service;
- circumvent, disable or interfere with security, licensing, rate-limiting or content-protection mechanisms (including the streamed runtime that delivers parts of the application);
- resell, sublicense, redistribute or provide the Service to third parties as a service of your own;
- use the Service to build a competing product, or use automated means to scrape or overload it;
- abuse the Service — including excessive or automated usage, or activity that drains compute resources or threatens the stability of the Service or other users;
- use the Service in violation of export-control laws or trade sanctions; or
- use the Service in violation of any applicable law or third-party right.
We may restrict, throttle or suspend access where we detect abuse, excessive usage or behavior that threatens system stability or other users. “Abuse” includes, without limitation, automated scraping, unauthorized API access, reverse engineering, disproportionate use of compute resources, or use that degrades performance for others.
6. Your content
You retain all ownership of the media you import and the outputs you create (“Your Content”). You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, temporarily cache and transmit Your Content solely as necessary to provide the Service at your direction — for example, to perform a cloud render you request. We do not use Your Content to train or improve our products. You represent that you have the rights to Your Content and that it does not infringe any third party’s rights or violate any law, and you are solely responsible for ensuring that your use and distribution of outputs created with the Service comply with applicable laws and third-party rights. You are responsible for keeping your own backups.
Feedback. If you send us feedback, suggestions or ideas, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate them without restriction or compensation.
7. Our intellectual property
The Service, including the ProCat software, runtime, look library, designs, logos and brand, is owned by Bitsmart Global LLC and its licensors and is protected by intellectual-property laws. These Terms grant you no rights in our intellectual property except the limited license above.
8. Third-party services
The Service relies on third parties (including Stripe for payments, and cloud hosting, GPU-render and storage providers). Their availability and handling of data are governed by their own terms, and we are not responsible for third-party failures.
9. Disclaimers
The Service is provided “AS IS” and “AS AVAILABLE”, on a best-effort basis, without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that data or render outputs will never be lost or corrupted.
No professional advice. The Service does not provide legal, financial, medical or other professional advice; any outputs are for creative and informational purposes only.
Experimental features. The Service may include beta or experimental features provided “as is”, which may be unstable and may be changed or removed at any time.
No reliance. You acknowledge that you should not rely on the Service for critical decisions, and any reliance on the Service or its outputs is at your own risk.
Security. While we use reasonable measures to protect the Service, we do not guarantee it will be free from unauthorized access, security breaches or cyberattacks.
No uptime guarantee. We do not guarantee any minimum uptime, availability or performance level of the Service.
10. Limitation of liability
To the maximum extent permitted by law, ProCat and its owners, developers and affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business opportunities. Our total liability for any claim relating to the Service will not exceed the greater of (a) the total amount you paid us for the Service in the twelve (12) months preceding the claim, or (b) USD 100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
11. Data & backups
You are responsible for maintaining your own backups of Your Content. Cloud render outputs are stored temporarily (typically about 7 days) and then deleted. We are not liable for loss of data or outputs.
12. Indemnification
You agree to indemnify and hold harmless Bitsmart Global LLC and its affiliates from any claims, damages, liabilities and reasonable expenses (including legal fees) arising from Your Content, your use of the Service, or your violation of these Terms or any law or third-party right.
13. Termination
We may suspend or terminate your access at any time, with or without notice, for any reason including violation of these Terms. You may stop using the Service at any time. On termination, your license to use the Service ends; sections that by their nature should survive (ownership, disclaimers, liability, indemnification and the feedback license) will survive.
14. Changes to these Terms
We may update these Terms from time to time. If we make material changes we will update the “Last updated” date and, where appropriate, notify you. Continued use of the Service after changes take effect means you accept the updated Terms.
15. Governing law
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-law rules, and you agree to the exclusive jurisdiction of its courts, except where applicable law gives you the right to your local courts. To the extent permitted by applicable law, you agree to resolve disputes with us on an individual basis and waive any right to participate in a class action.
16. Assignment, severability & waiver
We may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition or sale of assets. You may not assign these Terms without our prior written consent.
If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to enforce it later.
17. Contact
Questions about these Terms? Email hello@procatstudio.com.