Terms of Service
Published and Effective as of March 31st, 2023
These terms are legally binding for any application (“the applications”) provided by Producer (“us”, “we” or “our”), including but not limited to any mobile application, media storage, collaboration services, content, and features (together with the application and the site, the “services”). These Terms of Services set forth the legally binding terms and conditions for the use of our services, our site, and our application.
Acceptance of Terms of Service
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site and/or downloading the Applications, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Producer website, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Certain of the Services may be subject to additional terms and conditions specified by Producer from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
In some countries, the law requires that we put a data protection agreement in place if customer information includes Personal Data (as defined in the applicable agreement) as part of the Services. Such agreement can be found HERE.
To sign up for the Services, you must register on the website of Producer and create a user account. You must provide accurate and complete information and keep your Account information updated.
Therefore, you shall not:
- use the name of another person with the intent to impersonate that person;
- use the name of a person other than you without appropriate authorization. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account.
- publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. Depending on the account created, Producer may grant you the right to invite additional users to the service. The user responsible for inviting additional users to the service will be responsible for invited users, as well as their use of the service. By accepting the invitation, any user of the service is required to provide Producer with correct personal information and must accept the Terms of Business of Producer fully and unconditionally.
You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations in the jurisdictions in which you are located and operate. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
License Agreement / Right to use
By your registration and creation of a user account and subject to your compliance with these Terms of Service and applicable law, Producer AG grants you a license to access and use the Services that we make available. Without prior written permission from Producer AG it is strictly prohibited to use, store, reproduce, modify, distribute any content for purposes other than using the Services. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. Your license to use and access the Services and the Content is automatically revoked if you violate these Terms of Service, including in any manner that violates our intellectual property rights. All rights not explicitly granted to you are reserved by us.
After registering and setting up an account with Producer, the application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Services.
Intellectual Property Rights
All rights, title, and interest (including all copyrights, trademarks and other intellectual property rights) on the website belong to Producer AG or another party that has licensed their material to us. The information, logos, photographs, illustrations, artwork, names, and other graphic materials on this website (collectively “Intellectual Property”) are covered by copyright, trademark, patent, or other laws. Nothing on the Site shall be construed as conferring any license or right under copyright, trademark or other intellectual property rights. Any unauthorized use of any materials on this website may violate copyright, trademark, patent, or other laws. Without an explicit and written permission from Producer AG or the copyright owner, none of the information or material on the website may be copied, modified, altered, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise.
Use of Feedback
Producer welcomes all feedback in relation to our service and offering. You may provide comments, suggestions, bug or crash reports, and recommendations to us with respect to the Services (including without limitation with respect to modifications, enhancement, improvements, and other changes to the Services) (collectively, the “Feedback”). In case you provide any kind of feedback, then you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, export, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.
Third Party Services
To use Producer it is likely required to use a cloud service offered as part of the service package. The cloud service is not provided by Producer but by a third-party provider (if not agreed otherwise: Microsoft Azure™). When you access third party resources via the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such services, resources, or websites. There may be Terms of Service from the third party provided which must be accepted before using the service. It is your sole responsibly to read, accept, and comply to any third-party terms. You further acknowledge and agree that Producer shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of such third-party services.
Producer is determined to provide the user with the best experience and service possible. The service provided via Producer and any material contained, presented or made available through the site is provided on “As Is” and “As Available” basis without any expressed or implied warranty of any kind.
Acceptable Use Policy
The Producer application is a collaboration tool which will enable users to collaborate in one or more projects. A project must be set up within a Creative Space. Sharing content, information and ideas will happen based on the Project. The owner of a creative space may want to invite other users to a project to collaborate and share content. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, videos, audio files, data, text, photographs, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
To be able to use our service to its full potential, you will need to upload Content (in the following “User Content”), All Content added, created, uploaded, submitted, distributed, or posted to the Services by users whether publicly or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. Producer does not guarantee that any Content you access on or through the Services is or will continue to be accurate. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. When you add, create, upload, submit, distribute or post User Content to a Project, such User Content is accessible by any and all Project Members associated with the applicable Project. You hereby do and shall grant each such Project Member with whom you share User Content through a Project the ability to access, use, import, edit, modify, aggregate, adapt, reproduce, distribute, display, publish, disclose, transmit, store, cache and perform such User Content, including after termination of a Project Member Account. Sending an invite to a third-party aka a collaborator needs to be done within your Creative Space by sending an e-mail with an invitation link. When you send a link to a Project to a Collaborator, you understand that each such Collaborator can view, access and display such Project. In addition, when you send a link to a Project to a Collaborator, you may choose to grant the applicable Collaborator any or all of the following additional rights: download the Project, publish such link to such Project, and/or invite third parties to view, access and display such Project.
In case you are invited by another organization or individual to a project on Producer under a separate agreement with Producer to share or edit User Content, you acknowledge and agree that the inviting account holder is solely responsible for implementing the settings, including commenting, editing, access, publication, and ownership settings, for all content, including User Content, in the Collaboration Space. The inviting Account Holder will be able to restrict or terminate your access to the project at any time. If you do not want the Account Holder to control your User Content, you should not share or edit your Content on Producer and you should always maintain back-up copies of Content in question. Depending on your service package, you are able to provide access to the Producer application as part of your service contract, meaning that you allocate one user seat to third party. By doing so, you unconditionally agree to bear any cost associated with this access of Producer and all services rendered.
Producer is providing the platform tool to collaborate in a project and has no responsibility or liability for any loss, use or misuse of User Content in a Collaboration Space. Therefore, Producer will not be part of any dispute between collaboration parties and will have no liability or obligation to either you or a Third-Party Project member for any content, including User Content, subject to such a dispute.
Any Content made available through a Project will continue to be available on such Project unless and until the applicable Project is terminated from the Creative Space. User Content can be removed by the owner of the creative space in which the project was created or any Project Member with the respective rights to do so.
By uploading content on Producer, you hereby do and shall grant Producer a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable and transferable right and license to access, use, adapt, convert, transcode, reproduce, distribute, display, perform, disclose, transmit, store and cache the User Content solely to the extent necessary to provide the Services or as otherwise permitted by these Terms of Service, which license shall terminate upon the deletion or removal of any such User Content from the Services. This license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. Producer does not claim ownership of User Content that is transmitted, stored, processed on Producer or any related service. You represent and warrant that you have all rights to grant such licenses to Producer without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Information Transfer and Security
All information you provide to us is stored on secure servers and we take appropriate security measures designed to protect against unauthorized access, use or disclosure. Where we have given you a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your information, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use procedures and security features appropriate to the risk of processing your personal information to try to prevent unauthorized access.
Retention of Your Information
Producer retains your information as long as we have an ongoing legitimate business need to do so and we then securely delete the information.
Producer shall maintain the highest standard in its information security measures.
During the course of this Agreement, each Party (the “Disclosing Party”) may disclose to the other Party (the “Receiving Party”) certain confidential and/or proprietary information of the Disclosing Party (“Confidential Information”). The Receiving Party agrees to protect the Confidential Information in the same manner that it protects the confidentiality of its own confidential and/or proprietary information of like kind, but in no event using less than a reasonable standard of care. Except with the Disclosing Party’s prior written consent, the Receiving Party shall not:
- disclose or use any Confidential Information for any purpose outside the scope of this Agreement;
- disclose or make the Confidential Information available to any party, except on a “need to know” basis to the Receiving Party’s employees, contractors, and agents that have signed an agreement containing non-disclosure and non-use provisions substantially like those set forth herein.
Confidential Information shall not include any information that:
- is or becomes generally known to the public, other than as a result of an act or omission of the Receiving Party;
- was rightfully known to the Receiving Party prior to its disclosure by the Disclosing Party;
- was lawfully received from a third party without breach of any obligation owed to the Disclosing Party;
- was independently developed by the Receiving Party without use of or reliance on Confidential Information.
If the Receiving Party is required by applicable law or regulation to disclose or otherwise report Confidential Information, it shall provide prompt notice of such required disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.
Payments and Billing
The Services provided by Producer may be subject to payments now or in the future (“Paid Services”). In order to use the Paid Services, you must provide complete, current and accurate information on your registration and billing address, as well as your payment method. Please always keep all the information up to date especially on your billing address, credit card number and credit card expiration date. You must promptly notify Producer and the payment processor if your payment method is canceled or if you become aware of a potential breach of security, such as unauthorized use or disclosure of your username and/or password. Please use “Account Settings” on Producer to make respective changes. If the information is incorrect, you agree irrevocably that Producer may continue charging you for the paid service until you have terminated your service subscription according to the Termination Terms set herein.
Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement. You must pay any applicable taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, VAT, foreign exchange fees, and foreign transaction fees). Producer is not responsible for these fees. You are responsible for all related collection costs and expenses. If you are not located in Switzerland, your payments will be made to a foreign country entity. Producer uses a third-party payment processor, Stripe, (the ” Payment Processor”) to bill you for use of the Paid Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement, available at http://stripe.com/ch/legal.
Producer is not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay Producer, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize Producer, through the Payment Processor, to charge your chosen payment provider (your ” Payment Method”). You agree to make payment using that selected Payment Method. Producer reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If Producer, through the Payment Processor, does not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. You authorize Producer to store any payment method you provide and use it in connection with your use of the Services. If your primary payment method fails or if the full amount fails to be charged, you authorize Producer to charge any other payment method in your account for the payment amount owed, including partial or incremental payment amounts. If you have not provided us with a backup payment method(s) and you fail to provide full payment, or if all payment methods in your account fail, Producer may suspend your access to the Services.
Producer is offering different packages which may differ in amount and frequency of the requested payment. Producer may submit periodic charges (e.g., monthly, or annually) without further authorization from you, until notification that you have terminated this authorization or wish to change the payment method. If the amount to be charged to your Account changes due to the changes in usage packages, you agree to authorize the respective amount instantly. Producer shall provide notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. Any Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate (exceptions may apply). To change or resign your Subscription Services at any time, send a request at this address email@example.com. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Your non-termination or continued use of a Paid Service reaffirms that Producer is authorized to charge your Payment Method for that Paid Service and you will be responsible for such charges. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
Producer has no fiduciary duty to you. Therefore, you acknowledge that we have no duty to take any action regarding the following:
- which users gain access to the Services;
- what Content you access via the Services; or
- how you may interpret or use the Content.
We strongly encourage and recommend that you maintain appropriate security, protection, and backup copies of your Content (including User Content) from unauthorized access. You acknowledge and agree that Producer will have no liability of any kind because of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content (including User Content).
You release us from all liability in relation to any Content contained in or accessed through the Services, and Producer will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
The service and the content are provided without warranty of any kind, expressed or implied and “as available”, “as is”. Producer provides no warranties, implied or otherwise, of title, non-infringement, merchantability and the fitness for a particular purpose, and any warranties implied by any course of performance or usage. The use of the services is solely at your own risk. Producer, its directors, employees, agents, suppliers, partners, and content providers do not warrant that the service will be secure or available at any particular time or location; any defects or errors will be corrected; that the content will be secure or not otherwise lost or damaged; any content or software available at or through the services is free of viruses or other harmful components; that the service will not harm your computer system or the result of using the services will meet your requirements. Producer AG disclaims all liability for identity theft or any other misuse of your identity or information. We do not have any obligation to verify the identity of users subscribing to our services; nor do we have any obligation to monitor the use of the service by users.
Limitation of Liability
Under no circumstances and in no event, shall Producer, its directors, employees, agents, suppliers, partners, and content providers be liable under contract, tort, strict liability, negligence, warranty or any other legal or equitable theory with respect to the services for:
- any loss of data, lost profits, special, indirect incidental punitive compensatory damages of any kind, including but not limited to lost profits, revenues, goodwill, content or use, even if we had been advised to the possibility of such damages;
- for any damages directly or indirectly related with your access to the Producer.io services, including but not limited to any bugs, viruses, trojan horses, or the like, regardless of the source of origination;
- for any direct damages greater to the aggregate fees paid to Producer during the immediately previous three-month period.
These limitations and exclusions in this section (Limitation of Liability) apply to the maximum extent permitted by law even if (A) a remedy does not fully compensate you for any losses or fails of its essential purpose; or (B) we knew or should have known about the possibility of damages.
If the performance of this Agreement or any obligation hereunder (other than obligations of payment) is prevented or restricted by reasons beyond the reasonable control of a party including but not limited to failures of the internet or any public telecommunications network, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars (“Force Majeure Event”), the party so affected shall be excused from such performance and liability to the extent of such prevention or restriction.
Producer may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law and Jurisdiction
Producer (the website and the application) is created and controlled by Producer AG in Switzerland. The laws of Switzerland will govern these Terms and Conditions without giving effect to any principles of conflicts of law. You also agree to comply with the laws of the country in regards of the use of an online service, the transmission of data on the Internet, including but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.