Terms of Service

1. Agreement, eligibility, and accounts

These Terms of Service (the "Terms") are an agreement between you and Davin Nguyen, an individual developer ("we," "us," or "our"). Davin Nguyen provides the Services under the Masterbook and Davinese brand names. "Services" means Masterbook's websites, applications, and film production and collaboration tools. By using the Services, creating an account, or accepting these Terms, you agree to them. Our Privacy Policy explains how we handle personal information.

You must be at least 13 years old. If you have not reached the age at which you may enter a binding contract where you live, a parent or legal guardian must review and agree to these Terms. If you use the Services for an organization, you confirm that you may accept these Terms for it, and "you" includes that organization.

Provide accurate account information and protect your credentials, devices, and invite links. You are responsible for activity through your account to the extent permitted by law. Contact support@davinese.com promptly if you suspect unauthorized access.

2. License, ownership, and app stores

Except where an application is licensed under marketplace terms, we grant you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to use the Services for lawful personal, educational, or business film production purposes. You may not sell, rent, sublicense, distribute, copy, modify, or reverse engineer the Services or bypass security or usage limits, except to the extent a restriction is prohibited by applicable law.

Except for User Content, we and our licensors own the Services, including the software, design, branding, and documentation. No rights are granted except those stated in these Terms.

The Apple Standard End User License Agreement governs your license to an application obtained through Apple's App Store. These Terms separately govern your Masterbook account and the hosted Services. The Apple Standard EULA controls if there is a conflict about the application license. Required license, usage, and transaction terms of another app marketplace apply to an application obtained there.

3. User Content and collaboration

"User Content" means files, production information, and other material that users submit to the Services. Each user retains the rights they have in the User Content they submit. For User Content you submit, you grant us a worldwide, nonexclusive, royalty-free license to host, copy, format, transmit, display, back up, and otherwise process it only as needed to operate, secure, and support the Services, follow your instructions, and comply with law. This license includes processing by our service providers and ends when the content is deleted from active systems, subject to reasonable backups, legal retention, and content retained by an authorized production owner.

You confirm that you have the rights and permissions needed to submit User Content, including personal information about cast, crew, or other people. You are responsible for its legality, accuracy, and sharing. Do not submit sensitive personal or financial information unless a feature expressly supports it and you are authorized to do so.

Production owners and other authorized users control membership and permissions. Authorized collaborators may view, add, change, export, share, or delete production information. By inviting someone, you direct us to provide access according to the permissions you select. Masterbook roles do not decide legal ownership between collaborators. If you leave a production owned by someone else or close your account, that production and its data may remain while your access and personal account data are handled under our account deletion process.

Keep independent copies of important material. The Services should not be your only repository for critical production information.

4. Acceptable use and reports

You may not:

• submit content that is unlawful, infringing, deceptive, defamatory, threatening, harassing, exploitative, or violates privacy, publicity, confidentiality, or other rights;
• submit nonconsensual intimate imagery or content that sexually exploits or endangers a minor;
• impersonate others, misrepresent your affiliation, stalk, harass, deceive, or send spam;
• introduce malware, disrupt the Services, probe vulnerabilities without permission, access data or accounts without authorization, or scrape the Services except through an approved interface; or
• use the Services as the sole system for an emergency or safety-critical activity.

We may remove or restrict content and suspend or terminate accounts that violate these Terms or create legal, security, or safety risks. Report infringing, abusive, or unsafe content to support@davinese.com. For intimate imagery or child-safety reports, provide the location and identifying details, but do not send or redistribute the imagery.

5. Service changes and termination

The Services may depend on third-party providers and may change or become unavailable. We may add, change, suspend, or discontinue features. When practical, we will give reasonable notice before discontinuing a material paid feature. Independent services and links are governed by their own terms, and we are not responsible for them except where applicable law provides otherwise.

You may stop using the Services at any time and may request deletion through our account deletion process. Export User Content you need before leaving a production or closing an account.

We may restrict, suspend, or terminate access for a material breach of these Terms or a legal, security, or safety risk. We will provide notice when reasonably practical, but may act immediately when needed to protect users, content, systems, or legal rights. On termination, your license ends. Terms concerning ownership, User Content, payments, disclaimers, liability, indemnity, and disputes survive as needed to give them effect.

6. Production responsibility, disclaimers, liability, and business indemnity

The Services are planning tools and do not provide professional advice or emergency services, including legal, accounting, payroll, medical, safety, labor, union, or insurance services. Verify call times, locations, schedules, safety information, budgets, reports, exports, and other outputs before relying on or sharing them. You remain responsible for production decisions, workplace safety, backups, and legal compliance.

These disclaimers and limits do not apply to fraud, gross negligence, willful misconduct, death or personal injury caused by negligence, or liability that cannot be excluded or limited by law. Some jurisdictions do not allow certain warranty exclusions or liability limits, so some terms in this section may not apply to you.

If you use the Services for a business or other organization, that organization will, to the extent permitted by law, defend and indemnify Davin Nguyen and his service providers against third-party claims, losses, and reasonable legal costs arising from its User Content, material breach of these Terms, violation of law, or violation of another person's rights. This does not apply to the extent a claim was caused by our negligence, willful misconduct, or breach of these Terms.

7. Governing law, changes, and general terms

California law governs these Terms without regard to conflict-of-law rules. If you are a consumer, you keep any rights that cannot be waived under the laws that apply to you.

We may update these Terms by posting a revised version and effective date. If a change materially affects your rights, we will give reasonable advance notice by email, in the Services, or another appropriate method unless an earlier change is needed for legal or security reasons. Continuing to use the Services after revised Terms take effect means you accept them, except where affirmative consent is required by law. If you do not agree to updated Terms, stop using the Services.

These Terms and any specific purchase or feature terms are the entire agreement about the Services. Specific terms control for the purchase or feature they address. If a provision is unenforceable, the remaining provisions stay effective. A failure to enforce a provision is not a waiver.

Questions, complaints, and product support requests may be sent to: