Terms of Service

Please read section 17 carefully. It requires most disputes to be resolved by individual binding arbitration, waives your right to a jury trial and to participate in a class action, and explains how to opt out. Section 4.3 explains that paid subscriptions renew automatically until you cancel.

1. Acceptance and Related Policies

1.1 Agreement. By creating an account, checking a box or clicking a button to accept these Terms, making a purchase, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1.2 Organizations. If you use the Service on behalf of a company or other organization, you represent that you are authorized to bind that organization, and "you" means that organization and its authorized users.

1.3 Incorporated policies. The following are part of these Terms: our License Agreement, Privacy Policy, Refund Policy, DMCA / Copyright Policy, and any plan or offer terms shown to you at checkout (together, the "Policies").

1.4 Order of precedence. If documents conflict, they control in this order: (a) a signed Enterprise order form or master services agreement, for its subject matter; (b) the License Agreement, for how you may use Content; (c) these Terms; and (d) the other Policies.

1.5 Language. We may provide translations of these Terms. The English version controls if there is any conflict.

2. Eligibility and Accounts

2.1 Eligibility. You must be at least 18 years old, or the age of majority where you live if higher, to use the Service. You may not use the Service if you are barred from doing so under the laws of the United States or any other applicable jurisdiction, including U.S. sanctions and export laws.

2.2 Your account. You must provide accurate, current information and keep it updated. You are responsible for keeping your login credentials secure and for all activity under your account.

2.3 Unauthorized use. Notify us promptly at legal@cars4k.com if you believe your account has been accessed without permission. We are not liable for losses caused by unauthorized use that you could reasonably have prevented.

2.4 No sharing; team seats. Accounts may not be shared. Where a plan includes team seats, each seat must be assigned to one named individual, and seats may be reassigned only as the plan allows. The account owner is responsible for the conduct of every seat user.

3. The Service and Content

3.1 What we offer. Cars4k is a subscription and licensing platform for automotive video, vertical video, and exhaust audio ("Content"). Anyone may browse and preview Content. Full playback, clean downloads, and licenses require an active paid plan, a single-clip purchase, or another offer that includes them.

3.2 Licenses. Your rights to use downloaded Content are governed solely by the License Agreement. The scope of each license depends on the plan or purchase active when you downloaded the Content.

3.3 Free watermarked downloads. Where offered, free watermarked downloads are for evaluation only and are not licensed for any public, commercial, or monetized use.

3.4 Right to refuse. We may refuse to open an account, accept an order, or provide the Service to anyone for any lawful reason.

4. Subscriptions, Billing, and Renewals

4.1 Plans and pricing. Plans, license scope, download allowances, and prices are shown on our Pricing page and at checkout. You may choose annual billing (the default) or monthly billing where offered. Unused downloads do not roll over to the next period unless your plan states otherwise.

4.2 Payment. Payments are processed by our payment provider, Stripe. By purchasing, you authorize us, through Stripe, to charge your payment method for the plan, billing period, and applicable taxes you select. You must keep a valid payment method on file. If a payment fails, we may retry the charge and may suspend downloads, downgrade, or cancel your plan until payment is received.

4.3 Automatic renewal. Your paid subscription renews automatically at the end of each billing period for the same period length (monthly or annual), and we will charge your payment method on file the then-current price for your plan, plus applicable taxes, until you cancel. For annual subscriptions, we will email you a renewal reminder at least 30 days and no more than 60 days before your renewal date. The reminder will state the renewal date, the renewal price, and how to cancel. Your renewal date and price are also shown at any time in Account > Billing.

4.4 How to cancel. You may cancel online at any time in Account > Billing, or by emailing legal@cars4k.com. To avoid the next renewal charge, cancel before your renewal date. Cancellation stops future renewals. Your plan stays active until the end of the period you already paid for.

4.5 Taxes. Prices may not include taxes. You are responsible for any sales, use, VAT, GST, or similar taxes, which we may collect at checkout.

4.6 Refunds. Except where required by law or stated in our Refund Policy, all payments are non-refundable, including for partially used billing periods and for single-clip purchases once the clip has been downloaded. We will refund any amount charged in error.

4.7 Chargebacks. If you dispute a charge with your bank or card issuer, we may suspend access tied to that purchase while the dispute is open, as described in the Refund Policy. Please contact us first; billing problems are usually resolved faster that way.

4.8 Price changes. We may change prices for future billing periods. We will notify you at least 30 days before a new price applies to your subscription. The new price takes effect at your next renewal after that notice. If you do not agree, you may cancel before the renewal date.

4.9 Trials and promotions. If we offer a free trial or promotional price, the terms shown at signup apply. Unless you cancel before the trial or promotion ends, your subscription will convert to the regular paid plan and price disclosed at signup.

5. Acceptable Use

You agree not to:

• Circumvent or attempt to circumvent access controls, download limits, watermarks, or signed-URL protections.
• Scrape, crawl, harvest, or bulk-download Content or data by automated means, or place an unreasonable load on our infrastructure.
• Use the Service or any Content to train, develop, fine-tune, or evaluate any machine-learning or generative-AI model, or to build a dataset, without our prior written permission.
• Use the Service to build or supply a competing stock media library or service.
• Share account credentials, or let anyone other than an assigned seat user access your account.
• Reverse engineer, copy, or resell the platform, or access it other than through the interfaces we provide.
• Upload malicious code, attempt to gain unauthorized access to systems or other users' accounts, or interfere with the security or operation of the Service.
• Submit false or bad-faith copyright notices or counter-notices.
• Use Content other than as permitted by the License Agreement.
• Misrepresent your identity or affiliation, or use the Service for any unlawful purpose.

6. Vehicles, Trademarks, and People Shown in Content

Content depicts real vehicles, which may display manufacturer names, logos, badges, and distinctive designs, and may show people, license plates, or private property. Cars4k is not affiliated with, sponsored by, or endorsed by any vehicle manufacturer or brand shown in the Content. Your license covers our copyright in the Content only. It grants no rights in any third-party trademark, design, or likeness, and Cars4k does not provide model or property releases. You are responsible for obtaining any rights or releases your intended use requires, and for not implying endorsement by any manufacturer, brand, or person shown.

7. Creator Contributions

If you apply to or take part in our creator program, any footage or audio you submit is governed by a separate Contributor Agreement, which controls over these Terms for that submission. We have no obligation to accept, publish, or keep any submission in the library.

8. Feedback

If you send us ideas, suggestions, or other feedback, we may use them for any purpose without obligation or payment to you.

9. Intellectual Property

The Service, including its Content, software, design, text, and the Cars4k name and logo, is owned by CARS4K LLC or its licensors and is protected by copyright, trademark, and other laws. Except for the license in the License Agreement and the limited right to use the Service under these Terms, no rights are granted to you, and we reserve all other rights.

10. Copyright Complaints (DMCA)

We respect intellectual property rights and respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Notices and counter-notices should be sent to our designated agent as described in our DMCA / Copyright Policy. In appropriate circumstances, we will disable access to material and terminate the accounts of users who are repeat infringers.

11. Third-Party Services

The Service relies on third-party providers for payments, hosting, storage, streaming, email, and analytics, as described in our Privacy Policy. Your use of those services may also be subject to their terms. We are not responsible for third-party services or websites outside our control.

12. Availability and Changes to the Service

12.1 Availability. We work to keep the Service available but do not guarantee it will be uninterrupted, secure, or error-free. We may perform maintenance that temporarily limits access.

12.2 Changes. We may add, change, suspend, or remove features or Content at any time. Removing Content from the library does not revoke a license you already hold in Content you lawfully downloaded.

12.3 Discontinuation. If we discontinue the Service entirely, we will give paying users at least 30 days' notice. Fees already paid are not refunded. Licenses to Content you lawfully downloaded survive as described in the License Agreement.

13. Disclaimers

Except for the express warranty in the License Agreement, the Service and all Content are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the fullest extent permitted by law. Some jurisdictions do not allow certain warranty exclusions, so some of these may not apply to you.

14. Limitation of Liability

14.1 To the fullest extent permitted by law, Cars4k and its members, managers, employees, contractors, licensors, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to the Service, the Content, or these Terms, even if advised of their possibility.

14.2 Our total liability for all claims arising out of or related to the Service, the Content, or these Terms will not exceed the greater of (a) the amounts you paid us in the 12 months before the event giving rise to the claim, or (b) US $100. This cap includes any obligation under the indemnity in the License Agreement.

14.3 Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud or for gross negligence or willful misconduct where the law does not allow it to be limited.

15. Your Indemnity

You will defend, indemnify, and hold harmless Cars4k and its members, managers, employees, and contractors from third-party claims, and related damages, losses, and reasonable attorneys' fees, arising from: (a) your use of Content outside the License Agreement; (b) your End Products, except to the extent covered by our indemnity in the License Agreement; (c) your breach of these Terms; or (d) your violation of any law or third-party right. We will notify you of any claim, may participate with counsel of our choice at our expense, and you may not settle a claim that imposes obligations on us without our written consent.

16. Suspension and Termination

16.1 By you. You may stop using the Service and close your account at any time. Closing your account cancels any subscription as described in Section 4.4.

16.2 By us. We may suspend or terminate your account or a plan if: (a) you materially breach these Terms or the License Agreement; (b) payment fails or is disputed; (c) we are required to by law; or (d) it is reasonably necessary to protect the Service, our users, or third parties. Where practical, we will give notice and a chance to cure. Termination for breach does not entitle you to a refund.

16.3 Effect. When your account ends, your right to access the Service ends. Licenses to Content you lawfully downloaded are governed by the License Agreement. Sections 4.6, 6, 8, 9, and 13 through 21, and any other terms that by their nature should survive, continue to apply.

17. Dispute Resolution, Arbitration, and Class Action Waiver

17.1 Informal resolution first. Before starting arbitration or a court case, you and we agree to try to resolve any dispute informally for at least 30 days. Send a written notice to legal@cars4k.com (or, from us, to your account email) describing the dispute and the relief sought.

17.2 Binding individual arbitration. If the dispute is not resolved, it will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules if you are an individual using the Service for personal purposes, or its Commercial Arbitration Rules otherwise. The Federal Arbitration Act governs this Section 17. Hearings may take place by video, in the county where you live, or in Miami-Dade County, Florida. Fees are paid as the AAA rules provide. The arbitrator may award the same individual relief a court could, but only to the individual party.

17.3 Exceptions. Either party may (a) bring an individual claim in small claims court, or (b) seek injunctive relief in court to stop infringement or misuse of intellectual property, including unauthorized use of Content.

17.4 Class action and jury waiver. You and Cars4k each waive the right to a jury trial and agree to bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding.

17.5 Mass arbitration. If 25 or more similar demands are filed by or with the help of the same law firm or coordinated group, the AAA Mass Arbitration Supplementary Rules apply, and the demands may be administered in batches.

17.6 30-day opt-out. You may opt out of this Section 17 by emailing legal@cars4k.com within 30 days after you first accept these Terms, with your name, account email, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

17.7 Severability. If the class action waiver is found unenforceable for a claim, that claim will proceed in court under Section 18, not in arbitration. If any other part of this Section 17 is found unenforceable, the rest remains in effect.

17.8 Changes. If we make a material change to this Section 17, it will not apply to any dispute of which we had written notice before the change took effect.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-laws rules. Any claim not subject to arbitration will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and both parties consent to personal jurisdiction there. Nothing in these Terms removes protections you have under the mandatory consumer laws of the country where you live.

19. Changes to These Terms

We may update these Terms from time to time and will post the updated version with a new "Last updated" date. For material changes, we will give at least 30 days' notice by email or in-app notice before they take effect. If you continue to use the Service after changes take effect, you accept the updated Terms. If you do not agree, you may cancel before the changes take effect.

20. Electronic Communications and Notices

You agree to receive agreements, notices, receipts, and other communications from us electronically, including by email to your account address and in-app notices, and that these satisfy any requirement that they be in writing. Notices to us must be sent to legal@cars4k.com.

21. General

• Entire agreement. These Terms and the Policies are the entire agreement between you and Cars4k about the Service and supersede prior agreements on that subject.
• Severability. If any provision is found unenforceable, it will be enforced to the maximum extent possible and the rest will remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign or transfer these Terms without our written consent. We may assign these Terms, without consent, to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets or of the Service.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Export and sanctions. You will comply with all applicable export control and sanctions laws.
• No third-party beneficiaries. These Terms do not give rights to anyone other than you and Cars4k.
• Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

22. Contact

Questions about these Terms: legal@cars4k.com.