BRIEF CANDLE LLC · LUMIS
Filmmaker Agreement
Version 2026-10-29.1 · Effective when accepted
1. Parties and acceptance
This Filmmaker Agreement is between Brief Candle LLC (the “Company,” “we” or “us”), operator of Lumis and Lumis Studio, and the individual or legal entity accepting it (“Filmmaker” or “you”). It becomes effective when you affirmatively accept it through the designated acceptance process. If accepting for an entity, you represent that you have authority to bind it. You must be at least 18 years old and legally able to enter this Agreement.
This Agreement governs your use of Lumis Studio, submission and publication of projects, access to analytics, and participation in approved monetization programs. The Privacy Policy governs personal information handling. A separately accepted written monetization schedule governs its specified program. No unpublished or future schedule binds you merely because it is contemplated here.
2. What Lumis does
Lumis supports hands-free, adaptive cinema. Filmmakers create the Main Film, Surge Windows, Surge Points and available branches. When a viewer enables their webcam, Lumis processes visible reactions during selected windows and quantifies them into numerical signals used to select a filmmaker-created path. The reading window and the later branching point may occur at different times.
The reaction system processes camera images on the viewer’s device; it does not record or upload the viewer’s webcam footage. Quantified signals and associated playback information may be transmitted and stored as described in the viewer notices and Privacy Policy. These measurements are estimates of visible responses, not verified statements of a viewer’s thoughts, health or internal emotional state.
3. Defined materials and data
Filmmaker Content means your scripts, footage, sound, artwork, titles, descriptions, creative branch structures and other materials you supply. It excludes Company Technology and Company Data.
Company Technology means the Lumis software, reaction-processing systems, routing implementation, interfaces, databases, proprietary methods, documentation and Company branding, including improvements created by the Company.
Company Data means the quantified reaction readings and analytical outputs generated by Lumis in connection with viewing, testing or interacting with projects. This includes numerical reaction signals, scores, vectors, confidence and coverage measurements, reading-window results, decision results, branch-selection events, associated playback telemetry, and derived metrics, reports, datasets, compilations and benchmarks. Company Data includes those outputs associated with a particular film and outputs combined across projects. It does not include ownership of Filmmaker Content, a viewer’s webcam footage, or ownership of any person or their identity.
4. Filmmaker ownership and platform license
You retain your rights in Filmmaker Content. Uploading or writing a project in Lumis does not transfer its copyright to the Company. You grant the Company a nonexclusive, worldwide license to host, copy, encode, transcode, back up, technically adapt, transmit and display that content as necessary to provide the services you request. For a published film, this includes streaming its Main Film and branches according to the published configuration.
You authorize use of your submitted public title, poster, synopsis, credits and designated promotional materials to list and promote your published film and Lumis. This does not authorize unrelated endorsements or public disclosure of private drafts. Service providers may exercise these permissions only to support the Company’s authorized activities.
5. Exclusive Company ownership of quantified data
As between you and Brief Candle LLC, Brief Candle LLC exclusively owns all right, title and interest in and to Company Data and Company Technology, including all associated intellectual property rights to the extent such rights exist under applicable law. This allocation applies whether Company Data is generated from your film, a private test, a published viewing, a branch, or a project created outside Lumis and later uploaded.
Your authorship or ownership of a film, payment of subscription fees, configuration of a Surge Window or Surge Point, or contribution of content does not confer ownership, joint ownership, a lien, an exclusive right, or an automatic royalty interest in Company Data. To the extent you acquire any transferable rights in Company Data, you hereby assign those rights to Brief Candle LLC. If a particular right cannot be assigned but may be licensed, you grant the Company an exclusive, worldwide, transferable, sublicensable, royalty-free license for the full duration of that right, to the extent permitted by law. This assignment does not transfer your rights in Filmmaker Content.
Where individual facts or measurements are not independently protectable as intellectual property, the contractual allocation of access and use rights in this Agreement still applies between you and the Company. No provision creates rights that the law does not recognize or overrides a viewer’s nonwaivable rights.
6. Commercial use of Company Data
You expressly authorize the Company, with respect to your contractual interests in your projects, to collect, process, retain, combine, analyze and commercially exploit Company Data generated in connection with them. Subject to applicable law, applicable viewer permissions and the Company’s published privacy commitments, this includes developing analytics products, providing paid analytics tiers, conducting research, improving Lumis, evaluating advertising effectiveness, and licensing or selling permitted datasets, statistical reports and audience insights to advertisers, agencies, researchers and other commercial customers.
The Company may retain the proceeds of these activities. No data revenue share is owed to you unless a separate written agreement expressly provides one. Public film titles and public identifiers may be used to attribute project-specific reports; private scripts, unreleased footage and private project titles are not licensed for external disclosure by this clause. Any sale or license of Filmmaker Content itself requires separate authority under this Agreement or a separate agreement.
This permission is mandatory for participation under this Agreement. It is not a representation that you can consent on behalf of viewers. The Company remains responsible for its own required notices, lawful processing grounds, consent and opt-out mechanisms, security, retention and deletion practices. Commercial uses prohibited by applicable law remain prohibited. Company ownership does not eliminate these duties.
7. Filmmaker analytics access
The Company may offer access to selected Company Data through a free, paid or invitation-only analytics tier. Your access is a limited, nonexclusive, nontransferable license to use the available reports for your internal creative, production and business evaluation, during your eligible access period. Access, viewing, export or payment does not transfer ownership.
Unless separately authorized in writing, you may not resell or sublicense Company Data, give a third party access to it, attempt to identify viewers, combine it with identifying information, or use it to make health, employment, credit, insurance or other sensitive eligibility decisions. Permitted exports and any rights surviving expiry must be stated in the applicable tier terms. No particular future tier, report or level of access is promised by this Agreement.
8. Advertising and revenue participation
You permit the Company to display advertising on platform pages surrounding public film listings. In-film advertising, sponsorship integrations and any filmmaker revenue-sharing program require a separately accepted monetization schedule before activation for your film.
A separately accepted monetization schedule will provide the terms for an approved advertising program. It takes effect only when separately accepted and activated for your account; accepting the main Agreement does not enroll you or represent that advertising is available. Film advertising revenue and revenue from Company Data are separate categories; a share of one does not create a share of the other. The Studio subscription is a service fee, not an investment or promise of earnings.
9. Rights clearance and responsibilities
You represent that you own or have sufficient permissions for all submitted materials and all uses you authorize, including music, performances, likenesses, footage and scripts. You are responsible for contributor payments, royalties, releases and third-party obligations associated with your content. You must not submit unlawful content, infringing material, malware, misleading ownership claims or material that violates another person’s rights.
You are responsible for reviewing your branching configuration, timing, content warnings and published version. The Company may reject or restrict content, investigate reports, and suspend content or accounts reasonably necessary to address infringement, unlawful activity, security risks or material breaches. Where reasonably practicable, the Company will provide notice and an opportunity to address the issue.
10. Fees and service changes
The standard Filmmaker subscription is US $10 per month, plus applicable taxes, unless a different offer is explicitly shown and accepted at checkout. It renews monthly until canceled. By completing paid checkout, you authorize the disclosed recurring charges to your selected payment method. This Agreement alone does not authorize a charge. Cancel through your account billing controls or request cancellation at frank@briefcandle.co before renewal. Cancellation stops future renewals; access normally continues to the end of the paid period.
Except where law requires otherwise or an offer expressly provides otherwise, partial billing periods are not refunded. Duplicate or unauthorized charges and claims of material service failure may be reported to frank@briefcandle.co for review. Nonwaivable refund and withdrawal rights remain intact. An increase in recurring fees requires at least 30 days' advance notice and applies no earlier than a renewal after that notice period, subject to any additional consent required by law.
Complimentary, voucher and beta access lasts for the period disclosed in the offer. It does not create a permanent entitlement, and it will not convert into a paid subscription without the required checkout authorization. If payment fails, we may notify you, retry through our payment processor and suspend paid features. We will not delete your projects solely because a payment fails without notice and a reasonable export opportunity, except where law or urgent security needs require otherwise.
11. Confidentiality and security
The Company will use reasonable safeguards for private drafts and nonpublic project materials and will not publish them without your publishing instruction. Both parties must protect nonpublic information received from the other and use it only as authorized. This does not prevent the expressly authorized processing and commercialization of Company Data, subject to Section 6. The Company does not guarantee absolute security or uninterrupted availability.
12. Removal and termination
You may request removal of a published film and terminate your use of Studio. The Company will stop new public distribution of the removed content within a reasonable operational period, subject to legal preservation requirements and limited backup retention. This does not recall copies lawfully obtained by others or cancel accrued payment obligations.
Termination does not transfer Company Data to you. The Company’s ownership and permitted uses of previously generated Company Data survive, subject to applicable retention limits, privacy obligations, viewer rights and binding commitments. Filmmaker Content licenses survive only as necessary for lawful backups, legal obligations and completing removal. Accrued payment rights, ownership provisions, applicable confidentiality obligations and dispute provisions survive to the extent needed to give them effect.
13. Claims, disclaimers and liability
To the extent permitted by law, you will indemnify the Company and its personnel against third-party claims and reasonable costs arising from your content’s infringement, your lack of required permissions, or your material breach of your representations. The Company must give prompt notice, reasonably cooperate, and permit an appropriate defense. No settlement may impose admissions or nonmonetary obligations on the Company without its consent. This obligation does not cover claims caused by the Company’s own unlawful processing, unauthorized content use, gross negligence or willful misconduct.
Except for express promises and rights that cannot be excluded, the service is provided as available without guarantees of audience size, commercial success, reaction accuracy or continuous operation. To the extent permitted by law, neither party is liable for indirect or consequential losses. The Company’s aggregate contractual liability is limited to the greater of US $100 or the fees you paid the Company during the 12 months before the event giving rise to the claim. This limit does not apply where prohibited by law or to the Company’s fraud, willful misconduct, gross negligence, or undisputed revenue payments owed to you.
14. General terms and notices
Material changes require notice and prospective acceptance; changes do not retroactively alter accrued earnings or licenses already granted beyond what law permits. If a provision is unenforceable, the remaining provisions continue to apply. The Company may assign this Agreement in connection with a merger, reorganization or sale of the Lumis business, provided the successor assumes its obligations. You may not transfer your account or contractual access without written consent.
This Agreement and expressly accepted schedules contain the parties’ agreement on their subject matter. A signed individual agreement controls an express conflict; an accepted program schedule controls its specific program; otherwise this Agreement controls filmmaker services. Privacy commitments and mandatory law are not displaced. Failure to enforce a provision promptly is not a waiver. No partnership, employment, agency or joint venture is created. No third party receives enforcement rights except an expressly identified indemnified party.
For disputes, the parties will first attempt good-faith resolution by written notice describing the issue and requested remedy, allowing 30 days for a response and discussion. Either party may seek urgent relief or file before a limitation period expires. Unresolved disputes may be brought in a court with lawful jurisdiction; mandatory consumer venue rights remain intact. Applicable law is determined under that court’s ordinary choice-of-law rules. This Agreement imposes no mandatory arbitration or class-action waiver. Legal and rights inquiries: frank@briefcandle.co.
Notices may be delivered to your verified account email or through a durable account notice. Keep your contact information current. We will provide at least 30 days' notice of material adverse contractual changes where practicable; urgent legal or security changes may take effect sooner to the extent permitted by law. New commercial rights requiring agreement will require affirmative acceptance. You may stop using the affected service if you do not accept the changes.
15. Electronic acceptance
Acceptance requires two affirmative acknowledgments: agreement to these terms and acknowledgment of Company Data ownership and permitted commercial uses. We record your authenticated account, agreement version, document hash, time of acceptance and represented entity if supplied. Reading this page alone does not constitute acceptance.
16. Account security and acceptable use
Provide accurate account and payment information, protect your credentials and promptly report suspected unauthorized access. You are responsible for activity you authorize, but this does not excuse the Company’s own security obligations. Do not share paid access beyond an expressly permitted team plan or evade a suspension with another account.
You must not circumvent security or access controls, scrape nonpublic information, introduce malicious code, overload the service, manipulate viewing or reaction metrics, impersonate another person, harass users, distribute spam, or interfere with reporting and appeals. Reverse engineering is prohibited except to the extent applicable law expressly permits it. Do not use Lumis to distribute unlawful sexual content, child exploitation material, nonconsensual intimate material, credible threats, or content unlawfully infringing intellectual property, privacy or publicity rights.
Identify sponsored material and paid endorsements as required by law. Clearly disclose material synthetic alterations or impersonations where needed to avoid misleading viewers. Provide accurate content warnings for mature themes, intense flashing imagery and other material viewing risks. Creative or fictional context does not excuse unlawful content. The Company may restrict lawful content that is inappropriate for its service, with notice and an appeal opportunity as described below.
17. Reporting, enforcement and appeals
Report content, security concerns or account decisions to frank@briefcandle.co with the relevant film link and a description. We may remove material, restrict publication, suspend monetization or terminate an account for material or repeated breaches, legal requirements, or reasonably substantiated risks to users or the service. A warning is not required for severe or urgent violations.
We will explain the reason where lawful and practicable. You may appeal within 30 days of notice by replying with supporting information. We will review the appeal and communicate our decision within a reasonable period. Reporting and appeals must be made in good faith. We may preserve relevant evidence and comply with lawful requests. Suspension does not automatically forfeit legitimate accrued earnings.
18. Copyright complaints
You must remove content when you no longer hold the necessary rights. The Company maintains a policy of terminating repeat infringers in appropriate circumstances and will respond to valid copyright notices and counter-notices as required by applicable law.
A copyright complaint should identify the protected work, the allegedly infringing material and its location, the claimant’s contact information, a good-faith statement that the use is unauthorized, a statement of accuracy and authority under penalty of perjury, and a physical or electronic signature. Send general rights complaints to frank@briefcandle.co. The Company’s separately published designated-agent details, once registered, govern formal US DMCA service. This Agreement does not represent that agent registration has been completed.
A person whose content was removed may request the applicable counter-notice instructions. Formal counter-notices must satisfy legal requirements, including identification of removed material, required good-faith and jurisdiction statements, contact information and signature. Restoration and forwarding of notices will follow applicable law. Deliberate material misrepresentations in notices or counter-notices may create legal liability.
19. Software, feedback and other services
We grant a limited, nonexclusive, nontransferable license to use Lumis software for the services authorized by your account. You may not sell, lease or redistribute the software or Company branding without written permission. Applicable open-source licenses control the components they cover. Updates may be provided through the app or browser; beta features may change or be discontinued.
If you voluntarily submit product suggestions, you grant the Company a nonexclusive, worldwide, perpetual, royalty-free license to use those suggestions to develop and market its products without attribution or payment. This provision does not transfer your film, screenplay or confidential project content merely because you report an issue.
Third-party payment, authentication and linked services may have their own terms. The Company remains responsible for its own contractual and legal duties. No third-party link is an endorsement. You must comply with applicable export controls and sanctions. Neither party is responsible for delays caused by events beyond reasonable control, provided it takes reasonable mitigation steps; this does not excuse accrued payments or mandatory legal duties.
Program availability
No advertising revenue-share or paid analytics program is activated by this Agreement. Any future program requires separate published terms and acceptance. Proposed financial schedules are not incorporated into this Agreement.