These Terms of Service constitute a legally binding agreement between you and Simplify100 LLC., a Texas LLC, governing your access and use of FilmmakerCo.com (the “Platform”) and the software and services made available through the Platform (collectively the “Services”), offered by Simplify100 LLC.

By clicking the “I Agree to the Terms of Service” button or (i) accessing or using any part of the Platform, or (ii) using any of the Services offered on the Platform, you agree to be bound by these Terms of Service. 

Internet technology, as well as the relevant laws, rules, and regulations, undergo frequent changes. FilmmakerCo reserves the right to make changes to these Terms of Service at any time.

FilmmakerCo’s Services

FilmmakerCo offers  a comprehensive suite of tools to help filmmakers manage their projects. Streamlining the proposal creation, contract filling, project management, payment, website creation and reporting aspects of their business (“Freelance Services”).

FilmmakerCo’s Services are continually evolving and may undergo changes without prior notice. FilmmakerCo reserves the right to cease or suspend Services, including any features, at its discretion. Any new features introduced by FilmmakerCo will also adhere to these Terms of Services.

General Rules About Creating Accounts

In order to create an account, you must be at least 18 years old and capable of entering into a legally binding agreement.

Accessing the Services requires having an account set up via the registration process and consenting to these Terms of Service.

Upon completing the account registration process, all users will be prompted to generate a password. It is the users' responsibility to protect their passwords and refrain from sharing them with any third parties. Users bear full responsibility and liability for any activities conducted under their password, regardless of whether they have authorized such activities. FilmmakerCo will not be held accountable for any loss or damage resulting from a user's failure to maintain the security of their password or account.

You bear full responsibility for ensuring the accuracy of the Content you submit to the Platform. "Content" encompasses all text, data, information, or digital images submitted, uploaded, or imported to the Platform, including but not limited to photographs, contact details, project particulars, transaction specifics (such as cost, payment terms, deliverables, etc.), client data, etc.

Fees - Freelancer Services. 

Parts of FilmmakerCo's Freelancer Services may be provided at no cost, with limitations on availability or usage quantity. FilmmakerCo retains the discretion to alter the availability of free features and services, even retroactively.

Users on both Free and Paid plans will have service charges deducted from processed invoices if they utilize FilmmakerCo’s invoicing tools.

Fees -  Client Services. 

When a subscription order is placed, payment and renewal shall be governed by the following:

By ordering any Client Services, you consent to provide us with your debit or credit card details before proceeding with the order, and you explicitly grant us permission to debit the relevant Client Services fees from your debit or credit card to complete the transaction.

All charges and financial transactions, including fees and payments, are made in US dollars.

Subscription fees will not be prorated upon cancellation or termination, and all fees paid up to the termination date are nonrefundable.

The subscription period starts on the date you select the subscription and lasts for the duration you choose on the Platform, along with any renewals, until cancellation.

Subscriptions are for a pre-paid term, and YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AT THE END OF EACH TERM FOR ANOTHER TERM. YOU ACKNOWLEDGE AND AGREE AS FOLLOWS.

By continuing your subscription, you consent to automatic renewal and account charge on the final day of each subscription period (the "Renewal Date"), unless you terminate the subscription prior to the Renewal Date. FilmmakerCo will proceed to automatically renew your subscription on the Renewal Date until either you cancel your subscription or FilmmakerCo discontinues the services.

The renewal payment is scheduled for the Renewal Date and will be automatically debited from the same credit card utilized for the initial subscription or the latest renewal. The renewal price will reflect the current rate applicable at the time of renewal. You'll be notified in advance of any alterations to the subscription price or these Terms of Service prior to renewal.

If you wish to avoid renewal, you must terminate your subscription by accessing the subscription management area in your account settings. Requests for subscription cancellation will not be accepted via email or chat.

Any one-time payment offers made within the agreement are final and non-refundable. Once the payment is made, it is considered conclusive, and there will be no provision for reimbursement or return of funds.

Invoicing Tools – Service Charges

Users' generated invoice payments are handled via third-party payment processors accessible through the Platform. To utilize this invoicing system, users are required to establish and upkeep an account with the specified payment processor. It is your responsibility to maintain the validity of your payment processing account to ensure seamless invoice processing via the Platform. Your association with any designated payment processor remains distinct from your affiliation with FilmmakerCo and is subject to the payment processor's relevant terms of service.

By utilizing FilmmakerCo's invoicing tool, you grant authorization for FilmmakerCo to gather your name, address, phone number, email, and payment details. Additionally, either FilmmakerCo or the assigned payment processor may acquire further payment, billing, and banking particulars essential for transaction processing. As a condition of the payment procedure, you commit to furnishing up-to-date, comprehensive, and precise details pertinent to this process. It's important to note that FilmmakerCo does not store any payment data on its computers or servers.

Service Providers for FilmmakerCo Payments

‍‍Payment processing services for FilmmakerCo Payments users are facilitated by Stripe and are governed by the Stripe Account Agreement, which incorporates the Stripe Terms of Service (collectively referred to as the “Stripe Services Agreement”). By accepting these terms or continuing to use FilmmakerCo, you are agreeing to abide by the Stripe Services Agreement, which may be updated by Stripe periodically. As a prerequisite for FilmmakerCo to enable payment processing services via Stripe, you consent to providing FilmmakerCo with accurate and comprehensive information about yourself and your business, and you authorize FilmmakerCo to share this information as well as transaction details associated with your utilization of Stripe's payment processing services.

Content Representations and Warranties

FilmmakerCo bears no responsibility for the Content you post. You are solely accountable for any Content you upload. FilmmakerCo shall not be held liable for any damages or harm resulting from your posted Content on the Platform. FilmmakerCo reserves the right, though not obligated, to take any measures to limit or remove access to any Content, whether objectionable or otherwise, posted by Platform users.

By uploading, submitting, and posting Content to the Platform, you further affirm and guarantee (1) that you possess all the necessary rights, titles, licenses, and authority to upload, submit, and post the Content, including the right to electronically and digitally publish and distribute it, and (2) that the Content does not (a) infringe upon the rights of any third parties, including, but not limited to, privacy rights, copyright, trademark, trade secrets, patents, or other intellectual property rights of any third party, or (b) violate any statutes, laws, ordinances, or regulations.

FilmmakerCo retains the right, though not the obligation, to review, edit, decline to post, delete, disable access to, or otherwise render unavailable any Content, without prior notice, at its sole and absolute discretion.

Confidentiality and Non-Disclosure

To enable project management services offered via the Platform, you may share confidential project-related details, such as, but not restricted to, contract terms executed on the Platform ("Confidential Information").

FilmmakerCo commits to keeping all Confidential Information confidential and will not share it with any third party without your written permission. FilmmakerCo will ensure that its employees can access and review the Content and other Confidential Information solely for delivering the Services as outlined in the Terms of Service.

If FilmmakerCo is compelled by legal proceedings to reveal any Confidential Information, FilmmakerCo will promptly notify you to enable you to pursue a protective order or suitable remedy before any disclosure occurs. Should such a protective order not be secured, FilmmakerCo will disclose solely the portion of Confidential Information deemed legally necessary by its legal advisors and will collaborate with the owner to reduce any impact or scope.

Despite the above, FilmmakerCo may mention project-related specifics, such as total freelancer fees or engagement duration and type, on the Platform to enhance and promote the Services.

Privacy

FilmmakerCo will only use personal information and anonymous aggregated data in accordance with its:

Content License

You grant FilmmakerCo a global, restricted, non-exclusive, royalty-free permit to handle, store, replicate, transmit, showcase, alter, adjust, distribute, reproduce, utilize, and sublicense the Content you submit to the Platform for the purpose of providing the Services mentioned here, through any media or distribution channels (whether presently known or developed in the future).

FilmmakerCo will maintain ownership of the Platform and Services, including all legally safeguarded components or derivative works derived from them. You will keep ownership of the legally safeguarded components of the Content you submit to the Platform.

Services License  

By utilizing the Services, FilmmakerCo provides a limited, non-transferable, non-exclusive, and revocable license for accessing and utilizing the Services. You are prohibited from directly or indirectly sublicensing, selling, leasing, or transferring access to the Services to third parties. This license is solely intended for enabling you to utilize and derive benefits from the Services as per the Terms of Service. You agree not to exploit the Services for any other purposes. You may retain electronic and physical copies of documents created through the Services for personal or business records. However, unauthorized distribution or resale of FilmmakerCo’s Services, materials, or documents is strictly forbidden.

Software associated with the Services may be subject to United States export regulations. Users are prohibited from downloading or exporting any software from the Services: (a) to any country under United States embargo; or (b) to individuals listed on the U.S. Treasury Department's Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading  ro using any software related to the Services, you confirm that you are not situated in, under the authority of, or a citizen or resident of any such country, or listed on any such roster.

Information & Services Disclaimer

FilmmakerCo offers automated software for individuals crafting their own documents. However, it's important to note that FilmmakerCo is not a law firm, attorney, or professional advisor in any field. The materials and services provided by FilmmakerCo are intended for personal use and do not constitute legal advice. FilmmakerCo does not verify the accuracy or adequacy of the information provided. If you require legal guidance on specific contract terms or their applicability/enforceability, it is advisable to seek consultation with a licensed attorney. FilmmakerCo and its offerings are not a replacement for legal advice from a qualified attorney authorized to practice law in your jurisdiction.

Your use of the Services, documents, and materials acquired from the Platform is at your own risk, and FilmmakerCo bears no responsibility for any reliance on or use of these services, materials, and documents provided herein.

Electronic Signature Services

FilmmakerCo may offer users the capability to create electronic signatures for contracts used on the Platform. Users should consider electronic signatures as equivalent to manual signatures in terms of legal validity. FilmmakerCo does not undertake the authentication of any signatures generated on the Platform or through its Services.

Ratings & Reviews 

Users can submit their reviews and ratings for freelancers and companies with whom they've exchanged services on the Platform. These reviews will be accessible to other users. FilmmakerCo retains the authority, at its sole discretion, to remove any Content that breaches the Terms of Service.

Permission to Use Name & Logos 

You authorize FilmmakerCo with an unrestricted right and license to utilize your personal and/or company name, logo, and/or relevant trademarks ("Properties") for the promotion and marketing of the Platform. This entails the global authority to reproduce, translate, broadcast, transmit, distribute, showcase, perform, publish, and exhibit the Properties as integrated into FilmmakerCo's marketing and promotional content.

FilmmakerCo is afforded no additional rights to the Properties and recognizes that it will not acquire any proprietary stake in the Properties.

FilmmakerCo has no obligation to utilize or compensate for any rights or permissions granted. FilmmakerCo will exclusively own all rights, including copyrights, in its marketing and promotional materials.

You have the option to end FilmmakerCo's authorization and license to utilize the Properties with a written notice given to FilmmakerCo thirty (30) days in advance.

User Feedback & Idea Submissions

FilmmakerCo welcomes all feedback to enhance our Platform and Services, but views any input from users as valuable guidance offered freely. To prevent misunderstandings, it's important to clarify that we don't offer compensation for any ideas, proposals, or suggestions provided by users to FilmmakerCo, as outlined below:

FilmmakerCo regards any suggestions, ideas, proposals, user feedback, or other submissions received from users, whether solicited or unsolicited (collectively referred to as the "Material"), as non-confidential and non-proprietary. FilmmakerCo holds no responsibility for the disclosure, utilization, or exploitation of such Material.

You hereby grant and consent to grant FilmmakerCo a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, and transferable right and license to integrate, utilize, publish, and exploit the Material for any purpose, commercial or otherwise, without compensation or accountability.

Prohibited Conduct

When using the Platform and Services, you are prohibited from:

1. Distributing, licensing, selling, or transferring the Services or any part of them.

2. Engaging in reverse engineering, decompiling, or attempting to derive the source code of the underlying software or intellectual property used for providing the Services.

3. Trying to gain unauthorized access to the Services or the connected computers, servers, and networks.

4. Posting false, inaccurate, misleading, defamatory, or harassing content.

5. Posting obscene or sexually explicit content.

6. Violating any laws, statutes, ordinances, or regulations.

7. Infringing upon any patents, copyrights, trademarks, trade secrets, rights of publicity, or other third-party rights.

8. Attempting to use another account, impersonate another person or entity, misrepresent your affiliation, or create or use a false identity.

9. Using the Platform's invoicing tools to make payments to yourself or your organization.

10. Entering payment information on behalf of a third party to process payments through the Platform.

11. Distributing or transmitting any code, virus, or other technologies that may harm the Platform or its users.

12. Modifying, adapting, or hacking the Platform or another website to falsely imply association with FilmmakerCo.

13. Distributing or posting spam, unsolicited or bulk electronic communications to Platform users.

14. Using any robot, spider, scraper, or other automated means to access the Platform.

15. Taking any action that unreasonably or disproportionately burdens the Platform's infrastructure.

16. Interfering or attempting to interfere with the proper functioning of the Platform, its services, or tools.

17. Bypassing the Platform's robot exclusion headers or other measures implemented by FilmmakerCo to prevent or restrict access.

FilmmakerCo's Termination Policy

Either party retains the right to terminate Freelance Services at their sole discretion. Freelance Services account holders also have the option to deactivate their accounts whenever they choose.

During the Subscription Service term, termination for convenience is not permitted. Notice of non-renewal can be given by either party.

FilmmakerCo reserves the right to temporarily suspend or terminate Freelance Services or Subscription Services without prior notice or liability under certain circumstances:

- Breach of these Terms of Service.

- Inability to verify or authenticate account information.

- Engagement in improper or fraudulent activity on the Platform and/or Services, potentially leading to legal liability or financial loss for FilmmakerCo.

- Suspected infringement of third-party rights.

- Bankruptcy or insolvency filing by an account holder.

- Failure to pay applicable fees.

Certain sections remain in effect even after termination of the Services, including Confidentiality, Content License, Submissions License, Individual Arbitration, Disclaimers and Exclusions, Release, Indemnification, and Governing Law.

Customer support

You can reach out to FilmmakerCo via email at [email protected] for assistance with any issues related to your use of the Platform. Many inquiries can be promptly resolved through this channel.

Except as stated otherwise herein, any dispute or disagreement involving FilmmakerCo concerning the Platform, Services, and/or these Terms of Service (including their creation, interpretation, execution, and violation) will be resolved through mandatory arbitration under the administration of the American Arbitration Association following its Commercial Arbitration Rules. The judgment on the arbitration award may be entered in any court with jurisdiction. Any arbitration under these Terms of Service will be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16.

YOU MAY NOT BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATE YOUR ARBITRATION WITH OTHER ARBITRATIONS. IF ANY PART OF THIS ARBITRATION AGREEMENT IS DEEMED UNENFORCEABLE, THAT PART SHALL BE REMOVED AND THE REST SHALL REMAIN IN EFFECT.

The rules of the AAA, along with the forms needed to start arbitration proceedings, can be found at:

When initiating arbitration with the AAA, you must also send a completed form copy to:  [email protected]. Unless specifically agreed upon in writing by both parties, any disputes arising from these Terms of Service must be conducted in English in Austin, Texas.

Despite agreeing to resolve all disputes through arbitration, either party can seek relief in small claims courts for disputes or claims falling within that court’s jurisdiction. FilmmakerCo may bring a lawsuit against you in any court with proper jurisdiction solely for injunctive relief related to unauthorized use or abuse of the Services or intellectual property infringement without first going through arbitration.

If the arbitration requirements in these Terms of Service are deemed unenforceable, any resulting legal proceedings will occur in federal or state courts in Austin, Texas. By using the Services, you explicitly consent to the venue and personal jurisdiction of those courts.

FilmmakerCo's Intellectual Property

The Platform and its logos, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are owned by FilmmakerCo.  You may not use such materials without permission. 

Simplifu100 LLC, ALL RIGHTS RESERVED

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FilmmakerCo and its logos are trademarks owned by FilmmakerCo.  All page headers, custom graphics, button icons and scripts are trademarks or trade dress of FilmmakerCo.

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Unless otherwise stated herein, nothing in these Terms of Service or your use of the Platform gives you a right or license to use any of FilmmakerCo’s copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.

FilmmakerCo's Intellectual Property

The Platform, including its logos, design, text, graphics, and other content, along with their arrangement and organization, are the property of FilmmakerCo. Permission is required for any use of these materials. FilmmakerCo, reserves all rights.

FilmmakerCo and its logos are trademarks exclusively owned by FilmmakerCo. The page headers, custom graphics, button icons, and scripts are either trademarks or distinctive features of FilmmakerCo.

Unless expressly stated otherwise in these Terms of Service or in your use of the Platform, you are not granted any rights or licenses to utilize any of FilmmakerCo's copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.

Copyright Infringement Notice

Should you firmly believe that your copyright has been violated, you may obtain, fill out, and deliver this Claimed Infringement Notice to FilmmakerCo via email:  [email protected]

Disclaimers and Exclusions:

FilmmakerCo provides the platform, services, and all information, content, documents, materials, and products on an "as-is" basis. FilmmakerCo does not guarantee that the platform, services, information, content, documents, materials, and products will be free of defects, inaccuracies, or errors, meet your requirements, or operate with your hardware or software. FilmmakerCo disclaims all representations, warranties, or conditions, including implied warranties of fitness for a particular purpose, merchantability, and non-infringement, and will not be liable for your use or reliance on such information, platform, services, content, documents, materials, and products. FilmmakerCo also disclaims liability for the acts, omissions, and conduct of any third parties related to your use of the platform and/or any FilmmakerCo services. FilmmakerCo is not responsible for any third-party links, services, goods, resources, or information on the platform, and disclaims all warranties and liability related to such third-party services, goods, resources, or information. Subject to applicable law, FilmmakerCo will not be liable to you or any third party for any consequential, incidental, indirect, exemplary, punitive, or special damages arising from or related to the use of the platform, services, information, content, documents, materials, and products, even if FilmmakerCo has been advised of the possibility of such damages. In no event will the total aggregate liability of FilmmakerCo, its employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners, suppliers, or vendors exceed $500.00 or the fees paid to FilmmakerCo in the six months preceding the event giving rise to the claim, whichever is greater.

Release

By using the Platform and Services or accessing the information, content, documents, materials, or products provided through them, you agree to release FilmmakerCo, and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners, and their successors and assigns from any disputes, including claims, demands, causes of action, liabilities, legal fees, costs, and damages (actual and consequential), regardless of their nature or origin, known or unknown, suspected or unsuspected. This release extends to all aspects of such disputes. If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, and that, if known, would have materially affected their settlement with the debtor."

Indemnification

To the fullest extent allowed by law, you agree to protect, defend, and release FilmmakerCo, and its affiliated entities, including but not limited to its subsidiaries, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners, and their successors and assigns (referred to as the "Indemnified Parties") from any and all damages, losses, liabilities, claims, expenses, fees, or costs (including attorney fees and costs) incurred due to: (i) any claim, demand, or action alleging a breach of these Terms of Service by you, (ii) your breach of any representations or warranties in these Terms of Service, (iii) your use or misuse of the Platform or Services, and (iv) any transaction, actual or prospective, between you and a third party using any document generated by the Platform/Services provided herein. FilmmakerCo reserves the right to take over the exclusive defense and control of any matter subject to your indemnification.

Severability

Should any clause within these Terms of Service become invalid, illegal, or unenforceable, whether in whole or in part, such invalidity, illegality, or unenforceability shall not render the remaining provisions and segments of these Terms of Service unenforceable. The provision deemed invalid, illegal, or unenforceable shall be adjusted to achieve the closest legally permissible result.

Modifications 

Our staff, volunteers, or representatives are not permitted to alter these Terms of Service. Any changes to these terms must be in writing and either signed by a FilmmakerCo authorized representative or posted on this Platform to be valid.

No Agency

‍These Terms do not intend or establish any agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship.

Assignment 

You may not transfer any rights or obligations under these Terms without prior written consent from FilmmakerCo. FilmmakerCo reserves the right to assign, transfer, or subcontract any or all of its rights or obligations under these Terms at any time without requiring your consent.‍

Successors and Assigns

These Terms apply to and benefit the parties and their respective successors and permitted assigns.

Governing Law 

These Terms of Service will be regulated, interpreted, and upheld in line with the laws of the State of Texas, without considering or applying Texas’s conflict of law principles. The parties agree to the sole jurisdiction of the State of Texas regarding any dispute, disagreement, or assertion arising from or connected to these Terms of Service, or any violation thereof, and relinquish all rights to dispute this exclusive jurisdiction and venue of such Courts.

No Waiver

The neglect or postponement of either party to utilize any right, power, or privilege under these Terms of Service shall not result in a waiver of such.

Interpretation

Headings serve as reference points and do not restrict the scope or breadth of the section.

Force Majeure 

‍FilmmakerCo shall not be held accountable or liable for any service delays or inability to provide its services or operate the Platform due to events beyond its reasonable control, including but not limited to adverse weather conditions, internet outages, power or telecommunication failures, fires, floods, civil unrest, labor disputes, strikes, freight embargoes, terrorism, natural disasters, war, or acts of God.

Notices

Any notices mandated or allowed by these Terms of Service must be provided in written form and sent to:  [email protected]. FilmmakerCo will either email you or prominently display any notifications on the Platform.‍

Entire Agreement

These Terms of Service constitute the complete agreement between you and FilmmakerCo, overriding any earlier or concurrent agreements, whether written or verbal, concerning the subject matter herein.