Terms of Service

Last updated: April 11, 2024

These Terms of Service (“Terms”) are a legally binding agreement between you and Small Screen Producer and its affiliates, as applicable (“Company”, “our”, “we”, or “us”). These Terms govern your access and use of the Company’s Services.

A “Service” means each of the products and services offered by the Company, and any other software, features, products, content, and services that we may provide to you at any time whether via the Website or otherwise.

By accessing or using a Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. Without derogating from the provisions of the previous sentence, by clicking a box indicating your acceptance of these Terms, you agree that you have read and are bound by these Terms.

If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the term “you” will refer to such entity.

With respect to individuals, the Services are intended for use by individuals who are of the legal age required to form legally binding contracts under applicable law (but in no event are they intended for use by individuals under the age of 18). If you are an individual, by using a Service, you represent and warrant that you are of at least 18 years of age. If you are not at least 18 years of age, you must not access or use any Service. These Terms are void where prohibited by law and the right to access and use any Service is not granted in such jurisdictions.

In no circumstances is a Service available to any individual or entity who have had their User Account (as such terms is defined below) temporarily or permanently deactivated, or any individual or entity that seeks to use a Service in violation of these Terms.

If you do not agree to be bound by the provisions of these Terms or if you do not have the legal capacity or authority to accept them, you may not use or access any Service.

These Terms apply to all users of the Services, as follows (each of which shall be referred to as “user” or “you”):

• You are a “Visitor” when you merely browse our Website and/or submit your personal data via the Website’s online chat, feedback forms or any other forms;
• You are a “Customer” when you use any of the Services other than as a Visitor (including indirectly).
• An “End User” is an individual or entity that access or uses a Customer Website, Website Property (as such terms are defined below) or any Services deliverable.

SERVICES

The purpose of the Services is to provide you with information and/or software solutions that will assist you in automating and streamlining lead generation process of website(s) (a website, or portion thereof, on which the Services has been correctly installed or which has been applied to using Services, shall be referred to as a “Customer Website(s)” or “Your Website”) following the recommended guidelines for optimal configuration and setup as detailed in our SaaS onboarding materials.

The Services are provided on a “Software as a Service” (“SaaS”) basis, and as such, you need to purchase a license to use such Services. The Company does not warrant the lifespan or the optimization of the SaaS. Small Screen Producer and there-for you are subject to changes of that SaaS. Small Screen Producer when applicable, give you advance notice of these changes. If you do not agree with the changes, you have the right to reject the change by cancelling the applicable service before the next payment date.

As part of the use of this Saas, Small Screen Producer may send you a certain amount of information (service updates, administrative mail, etc.). This information is part of the subscription to the Service, you cannot refuse it.

None of the Services are legal services. The Company does not provide legal advice or services. You are advised to contact your attorney to obtain advice regarding compliance of Customer Website(s) and/or Website Properties with applicable law, rules, and regulations, including the Standard, and all liability with respect thereof is hereby expressly disclaimed by us.

USER ACCOUNT; ELIGIBILITY; REGISTRATION; ACCOUNT SECURITY

If you wish to become a Customer, you will be required to register and create (or update) and active personal user account (“User Account”). When you register a User Account, you will be asked to provide us with certain information such as your full name, business name, email address, and phone number, which will be used to create your User Account. You will also be asked to create a password. You are solely responsible for maintaining the confidentiality of all aspects of your User Account (including any passwords).

You agree: to provide and maintain true, accurate, complete, and up-to-date information in your User Account, and not to misrepresent your identity or provide false identity or any other false information.

You are solely responsible for all activities that occur under your User Account. You are not allowed to share your registration login credentials or give your login credentials to anyone else. You agree to notify us, immediately if your User Account has been compromised, or if you have reason to believe that it has been compromised. You further represent and warrant that you will not transfer or assign your User Account to any third party, even temporarily.

You acknowledge and accept that despite the security measures the Company takes in connection with the Services the Company and Customer Website(s) and Website Properties may nonetheless become compromised, including without limitation, by hackers, internet viruses, malware, worms or trojan horses, or the like. Under such circumstances, the Company may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Small Screen Producer shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Customer Website(s) and Website Properties.

YOUR CONTENT AND DATA

You are solely responsible for your Customer Website(s) and/or your Website Properties (as applicable) and all content and information, including code, images, data, text, software, sound, photographs, graphics, messages, and other materials you make available to the Company whether as part of your Customer Website(s) and/or your Website Properties (as applicable), or otherwise (collectively “Your Content”). You represent and warrant that you own all intellectual property rights in and to Your Content, including all intellectual property rights and rights of publicity contained therein or thereto, and Your Content does not violate the provisions of any applicable law. You hereby grant Company with a worldwide, unrestrictive, non-exclusive, royalty-free, transferable and sublicensable right and license to use, copy, distribute, disseminate, prepare derivative works of, uplod, perform, store, modify, and display Your Content only in connection with the provision of the Services. You assume all risk associated with Your Content and its transmission and have sole responsibility for the accuracy, quality, legality, and appropriateness of Your Content.

Any questions, comments, suggestions, ideas, feedback, reviews, questions, ideas or other information about the Services (collectively, “Feedback”), provided by you to Company are non-confidential, shall be the sole property of the Company, and the Company will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgement, attribution, or compensations to you.

INTELLECTUAL PROPERTY; LICENSE

Each Service, the technology and software underlying such Service or distributed in connection therewith (“Software”) and any Company content, information, graphics files, media and audio files, materials, including designs and graphics (collectively, “Company Content”) including the Company databases, systems and applications, and all Updates and all copyrights and other intellectual property rights related thereto (collectively, “Company IP”) are the property of the Company, its affiliates, and licensors (as applicable) retain all right, title, and interest in and to the Company IP.

Any use of the Company IP other than as specifically authorized herein is prohibited.

All use of the Company IP shall inure to the benefit of the Company, its affiliates, and licensors. All rights in the Company IP that are not expressly granted herein are reserved by Company, its affiliates, and licensors (as applicable).

Except as expressly authorized by Company in writing, you agree not to use, modify, copy, frame, mirror, adapt, scrape, or create derivative works based on the Company IP, in whole or in part; rent, lease, loan, sell, distribute, assign, lease, sublicense, or otherwise transfer any right in the Company IP; or disassemble, decompile, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or otherwise transfer any right in the Company IP.

By using the Services the provisions of the Prohibited Activity and Content Standards Policy shall apply.

BILLING TERMS; FEES; PAYMENT

Payment must be received by Small Screen Producer before any Service(s) is provided/activated.

We may use third-party payment processing service providers (each a “Payment Provider”) to process and collect payment hereunder. You acknowledge and agree that we may, at our sole discretion, change, add, or replace any Payment Provider at any time. You further agree to provide all information and execute any documents that we or any Payment Provider may require, at any time, to facilitate the payments. You authorize us to share any information regarding your payment method and related information with any Payment Provider.

You hereby authorize us, either directly or through a Payment Provider, to charge the Subscription Fees via your selected payment method, upon their due date(s). We may use any means of payment provided by you to process payment of Fees.

In the event of failure to collect the Subscription Fees owed by you, we may at our sole discretion(but shall not be obligated to) retry to collect it at a later time, and/or suspend or cancel your access to the applicable Service(s) without notice. We reserve the right, at our sole discretion, to update the payment methods available on the Website, at any time.

All fees are quoted and are to be paid in U.S. dollars.

Subscription Fees are exclusive of taxes (including value added tax and sales tax), levies or duties, which may be imposed in respect of these Terms and the purchase of the Subscription hereunder under applicable law (collectively, “Taxes”), except for Taxes imposed on us for our income. You agree that no withholding taxes shall be applied to the Subscription Fees and that the net amount that we receive hereunder shall be equal to the amount we would have received had no such withholding taxes applied.

A valid payment method, approved by the Company, is required to process your Subscription Fee. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us (either directly or through our affiliates, subsidiaries, or other third parties, including Payment Providers) to charge and collect payment (or refund or take any other billing actions) all fees incurred through your account to any such payment instruments. You also authorize us to make any inquiries that we may consider necessary to validate your designated financial information, to ensure prompt payment, including for the purpose of receiving updated payment details from your credit card company (e.g., updated expiry date or card number).

Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right, at our sole discretion, to update the Subscription Fees at any time, and will notify you if such update may affect your existing Subscription Plan upon its renewal. Increases to existing Subscription Fees will take effect upon renewal of a Subscription Period. Notwithstanding the foregoing, we reserve the right, at our sole discretion, to increase the Services Subscription Fees. If you do not agree with the Fee changes, you have the right to reject the change by canceling the applicable service before the next payment date.

DISCLAIMER OF WARRANTY

YOUR USE OF THE SERVICES AND THE COMPANY IS AT YOUR SOLE RISK. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” SMALL SCREEN PRODUCER, THE COMPANY AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “SSP PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE SSP PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE SSP PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY SMALL SCREEN PRODUCER OR SMALL SCREEN PRODUCER’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. SMALL SCREEN PRODUCER DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. SMALL SCREEN PRODUCER DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR SMALL SCREEN PRODUCER IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMALL SCREEN PRODUCER WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES AND/OR THE COMPANY CONTENT; THESE TERMS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR ANY OTHER MATTER RELATING TO THE SERVICES AND THE COMPANY CONTENT. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES , OR THE CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY DURING THE SIX (6) MONTHS PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY, IF AT ALL, OR IF GREATER, FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

GOVERNING LAW AND JURISDICTION

Governing Law; Jurisdiction. This Agreement is made in according to the laws of the State of Texas. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of the State of Texas. Any suit, action or proceeding concerning this Agreement must be brought in a state or federal court located in Harris County, Texas. You irrevocably consent to the exclusive jurisdiction of such courts.

FORCE MAJEURE

Small Screen Producer is not liable for any default or delay in the performance of any of its obligations under this Agreement if such default or delay is caused, directly or indirectly, by forces beyond Small Screen Producer’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

INDEMNIFICATION

You agree to defend, indemnify and hold us and our agents, representatives, employees, and affiliates harmless from any liability or costs, including attorneys’ fees and expenses, resulting from: (a) any breach of a Client Representation; (b) your failure to comply with all Laws; (c) any act, omission or fault of you or your employees, agents or contractors in connection with the service (d) any claim that the Client Content or other information provided by you violates any applicable law or infringes on any third party patent, copyright, trademark, trade secret or other intellectual property or proprietary right; (e) any communication through your website landing page. (f) any breach of any applicable export control laws; (g) any transactions initiated through your website and any payment processing services. You will continue to be obligated by this Section even after the termination of this Agreement

HIPPA DISCLAIMER

The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Small Screen Producer does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Subscribers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. Small Screen Producer does not sign “Business Associate Agreements,” and you agree that Small Screen Producer is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone.

TERMINATION; UPDATES

The Client may terminate the Services by providing Small Screen Producer with a 30-day written notice of termination sent via email to the designated email address provided by Small Screen Producer for such communications. You are liable to pay Small Screen Producer the full amount for the Services for the billable period. No refund will be issued on funds already paid to Small Screen Producer for the billable period. Small Screen Producer reserves the right to terminate the Services with or without cause. No refund will be issued on funds already paid to Small Screen Producer for the Services.

MODIFICATIONS

We reserve the right, at our discretion, to update, change modify, add or remove portions of these Terms at any time. All non-material changes are effective immediately upon posting them on the Website and apply to all access to and use of the Services thereafter. If we make material updates to these Terms that would negatively impact your rights or increase your obligations hereunder, we will notify you in advance via Your User Account or by e-mail to the e-mail address associated with your User Account, or in any other similar manner, and such updates shall come into effect no earlier than seven (7) days from such notification. Access or use of the Services after the date any such changes become effective to constitute your acceptance of hte update or change and consent to the updated Terms. If you do not agree with the changes, you may not access, or use the Services and, you have the right to terminate these Terms by notifying us in writing. The most current version of these Terms will appear on the Website under “Terms of Service”

MISCELLANEOUS

You may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content, or third-party software. Please review any such terms and conditions. We take no responsibility for any such Third-Party Services, third-party content , or third-party software or any terms and conditions related thereto.

CONTACT US

If you have any questions or concerns about these Terms of the Services, please contact us via email at support@smallscreenproducer.com