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1. Workflow Management
2. File Management
3. Share & Present
4. Review & Approvals
5. iOS & iPad
6. Camera to Cloud
* Enterprise
ENTERPRISE
ENTERPRISE
INDUSTRIES
1. Overview
2. Media and Entertainment
3. Agencies
4. Brands
* Resources
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FRAME.IO
TERMS OF SERVICE
Published and Effective as of October 17, 2022
THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER (DISPUTE RESOLUTION;
ARBITRATION AGREEMENT; CLASS ACTION WAIVER) BELOW GOVERN THE RESOLUTION OF
DISPUTES. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE WITH THE DISPUTE
RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION WAIVER IN THESE TERMS OF
SERVICE, PLEASE DO NOT USE THE SERVICES..
PLEASE READ THESE TERMS OF SERVICE (COLLECTIVELY WITH FRAME.IO'S PRIVACY POLICY,
THE "TERMS OF SERVICE") FULLY AND CAREFULLY BEFORE USING WWW.FRAME.IO (THE
"SITE"), ANY MOBILE APPLICATIONS PROVIDED BY FRAME.IO (THE "APPLICATIONS") AND
THE MEDIA FILE STORAGE AND COLLABORATION SERVICES, FEATURES, CONTENT OR
APPLICATIONS OFFERED BY FRAME.IO, INC. ("FRAME.IO," "WE," "US," OR "OUR")
(TOGETHER WITH THE SITE AND THE APPLICATIONS, THE "SERVICES"). THESE TERMS OF
SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE
SITE, THE APPLICATIONS AND THE SERVICES.
YOUR RIGHT TO USE THE SERVICES IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF
THESE TERMS OF SERVICE. BY CLICKING ON THE "ACCEPT" BUTTON AND USING THE
SERVICES, YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF
THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED
TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY PROVISION OF THESE TERMS
OF SERVICE, YOU MUST CLICK ON THE "CANCEL" BUTTON AND MAY NOT ACCESS OR USE THE
SERVICES IN ANY MANNER FOR ANY PURPOSE.
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 Site by us,
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 us 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 is found HERE.
ELIGIBILITY
You represent and warrant that you are at least 13 years of age. If you are
under age 13, 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 applicable to you and the right to access the
Services is revoked where these Terms of Service or use of the Services is
prohibited or to the extent offering, sale or provision of the Services
conflicts with any applicable law, rule or regulation. Further, the Services are
offered only for your use, and not for the use or benefit of any third party.
REGISTRATION
To sign up for the Services, you must register for either a team leader account
(each, a "Team Leader Account") or a team member account (a "Team Member
Account") on the Services (each, an "Account"). The user responsible for
creating a Team Leader Account (the " Team Leader") will be responsible for
inviting team members (each, a "Team Member") to create Team Member Accounts
associated with such Team Leader Account. You must provide accurate and complete
information and keep your Account information updated. You shall not: (i) use
the name of another person with the intent to impersonate that person or (ii)
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
(including any changes to or revocation of any licenses from state authorities),
breach of security or unauthorized use of your Account. You should never
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.
CONTENT
* Definition. 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).
* User Content. All Content added, created, uploaded, submitted, distributed,
or posted to the Services by users (collectively " User Content"), 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. 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. We do not guarantee that any Content you
access on or through the Services is or will continue to be accurate.
* Notices and Restrictions. The Services may contain Content specifically
provided by us, our partners or our users and such Content is protected by
copyrights, trademarks, service marks, patents, trade secrets or other
proprietary rights and laws. You shall abide by and maintain all copyright
notices, information, and restrictions contained in any Content accessed
through the Services.
* Use License. Subject to your compliance with these Terms of Service and
applicable law, you may access and use the Services (i.e., to download
Content and display locally) that we make available, and that you license
from us. Use, reproduction, modification, distribution or storage of any
Content for purposes other than using the Services is expressly prohibited
without prior written permission from us. 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. 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 such event, 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.
* User Content License Grant. By submitting User Content through the Services,
you hereby do and shall grant us 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. For clarity, the foregoing
license grants to us 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. We do not claim
ownership of User Content that is transmitted, stored, processed, or linked
in your Account or through the Services. You represent and warrant that you
have all rights to grant such licenses to us 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.
* Team Leader Accounts. If you are a Team Leader, you have the authority to
create and manage projects (each, a "Project"), invite Team Members to access
and work on any Projects associated with the Team Leader Account, and invite
outside collaborators (each, a "Collaborator") to view a designated Project.
If you terminate your Team Leader Account, all Projects associated with that
Team Leader Account will be removed from the Services in conformance with
Frame.io’s then current data retention policies and procedures, and all links
to such Projects that were sent to Collaborators will be disabled. We respect
the privacy and confidentiality of your Projects, so we agree never to
disclose your Projects to anyone unless you instruct us to do so or any law,
court order, regulatory authority, governmental authority, or other legal
requirement compels disclosure of such Projects, as provided in our Privacy
Policy.
* Sharing of Content. When you add, create, upload, submit, distribute or post
User Content to a Project, such User Content is accessible by any and all
Team Members associated with the applicable Team Leader Account. You hereby
do and shall grant each such Team Member with whom you share User Content
through a Project the ability to access, use, import, edit, modify, truncate,
aggregate, adapt, reproduce, distribute, display, publish, disclose,
transmit, prepare derivative works of, store, cache and perform such User
Content, including after termination of your Team Member Account or the
Services. When you send a link to a Project to a Collaborator, you understand
that each such Collaborator has the ability to view, access and display such
Project, including after termination of your Team Member Account or the
Services. 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. Through its use of Frame.io, if you initiate or are invited by
another individual or organization that is using Frame.io products and
services under a separate agreement with Frame.io (“Third-Party Account
Holder”) to Share (as defined below) or edit User Content in a document,
space, library, canvas or other collaboration environment controlled by the
Third-Party Account Holder (each a “Collaboration Space”), you acknowledge
and agree that the Third-Party 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 Third-Party Account Holder will be able to restrict
or terminate your access to the Collaboration Space at any time. If you do
not want the Third-Party Account Holder to control your User Content, you
should not Share or edit your User Content in a Collaboration Space and
should maintain back-up copies of User Content. Frame.io has no
responsibility or liability for any loss, use or misuse of User Content in a
Collaboration Space. You acknowledge and agree that (A) Frame.io will not be
a party to any disputes between you and any Third-Party Account Holder; (B)
you will not seek to make Frame.io a party to any such dispute, and (C)
Frame.io will have no liability or obligation to either you or a Third-Party
Account Holder for any content, including User Content, subject to such a
dispute. “Share” means to email, post, transmit, stream, upload, or otherwise
make User Content available to a Third-Party Account Holder or other third
party through your use of the Services.
* Content Deletion. Any User Content made available through a Project will
continue to be available on such Project unless and until the applicable Team
Leader Account is terminated from the Services or the applicable User Content
is deleted from the Services, at which point such User Content will be
removed from the Services in conformance with Frame.io’s then current data
retention policies and procedures. User Content can be removed by the Team
Leader responsible for the applicable Project or any applicable Team Member.
* Warranties. You hereby represent and warrant that (i) your User Content and
the availability thereof through the Services does not and will not infringe
or violate the rights of any third party, including without limitation any
intellectual property rights, performers' rights, rights of privacy or
publicity, or rights in confidential information, (ii) you have obtained any
and all necessary consents, permissions and/or releases from any and all
persons appearing in any User Content in order to include their name, voice,
performance or likeness in any User Content and to publish the same on the
Services, and (iii) the storage, use or transmission of any User Content does
not violate any law or these Terms of Service.
* Free Memberships, Offers, or Trials. Frame.io may offer free memberships,
offers, and trial memberships in its sole discretion. If access to the
Services is provided to you for free or for trial purposes, such access is
governed by these Terms of Service. At any time prior to or during the free
or trial period, Frame.io may, in its sole discretion, terminate the free or
trial access without prior notice and without any liability to you, to the
extent permitted under applicable law, for any reason, including to prevent
abuse of the free or trial access. After the free or trial access period
expires, you may continue using the Services only by enrolling in a paid
subscription, if available, or as otherwise permitted by Frame.io. During the
free or trial period, no express or implied warranties shall apply to the
Services, all Services are provided “as-is” with all defects, and no
technical or other support is included.
* NFR Version. Frame.io may also designate the Services as “trial,
“evaluation,” “not for resale,” or other similar designation (“NFR Version”).
You may install and use the NFR Version only for the period and purposes
stated when we provide the NFR Version. You must not use any materials you
produce with the NFR Version for any commercial purposes.
* Prelease or Beta Version. We may designate the Services, or a feature of the
Services, as a prerelease or beta version (“Beta Version”). A Beta Version
does not represent the final product and may contain bugs that may cause
system or other failure and data loss. We may choose not to release a
commercial version of the Beta Version. You must promptly cease using the
Beta Version and destroy all copies of the Beta Version if we request you to
do so. In exchange for your use of a Beta Version, you agree that Frame.io
may collect data regarding your use of the Beta Version to improve our
products and personalize your experience, regardless of whether or not you
have opted-out of data collection for non-Beta Versions. If you do not wish
to have your usage tracked, you must discontinue your use of the Beta Version
by uninstalling such Beta Version or utilizing a non-Beta Version of the
Services. Any separate agreement we enter into with you governing the Beta
Version will supersede these provisions.
* Availability of Content. We do not guarantee that any Content will be made
available on the Site or through the Services. We reserve the right to, but
do not have any obligation to, (i) remove, edit or modify any Content in our
sole discretion, at any time, without notice to you and for any reason
(including, but not limited to, upon receipt of claims or allegations from
third parties or authorities relating to such Content or if we are concerned
that you may have violated these Terms of Service), or for no reason at all
and (ii) to remove or block any Content from the Services.
* Unauthorized Use. You must immediately notify us in writing of any
unauthorized use of any (i) Content (including User Content), (ii) Account or
(iii) the Services that comes to your attention. In the event of any such
unauthorized use by any third party that obtained access through you, please
refer to the Intellectual Property Removal Policy. You will take all steps
necessary to terminate such unauthorized use. You will provide us with such
cooperation and assistance related to any such unauthorized use as we may
reasonably request. You acknowledge that if you wish to protect your
transmission of User Content to us, it is your responsibility to use a secure
encrypted connection to communicate with the Services.
BUSINESS ENTITLEMENTS
* Business Users. If you received an “Entitlement” (which is defined as the
right to use, access, and consume the Services) from an organization or
group, including but not limited to a business or any other commercial
entity, including a non-profit organization, or educational institution
(each, a “Business”) under one of Frame.io’s business plans, then (A) you are
a “Business User” of such Business; (B) your Frame.io profile associated with
such Entitlement is a “Business Profile”; and (C) all references to “you” in
these Terms of Service will mean such Business. If you are a Business User,
you agree that, due to your receipt of Entitlements from such Business, (1)
Frame.io may provide such Business with the ability to access, use, remove,
retain, and control your Business Profile and all Content therein whether
uploaded or imported before or after the date these Terms of Service were
last updated; (2) your use of the Services is governed by such Business’s
agreement with Frame.io; and (3) Frame.io may provide your personal
information to such Business. If you are a Business User with Entitlements
from multiple Businesses, you may have separate Business Profiles associated
with each Business. As a Business User, you may have different agreements
with or obligations to a Business, which may affect your Business Profile or
your Content. Frame.io is not responsible for any violation by you of such
agreements or obligations. If you did not receive Entitlements from a
Business (e.g., you purchased an individual plan and received Entitlements
through this plan), then (a) you are a “Personal User”; (b) your Frame.io
profile is a personal profile; (c) you maintain sole access and control over
all User Content in your personal account or personal profile (except as
otherwise indicated in the Privacy Policy); and (d) all references to “you”
in these Terms of Service will mean you as an individual. If you received
Entitlements through a personal plan and from a Business, then you are both a
Personal User and a Business User. You are a Personal User when you utilize
the Entitlements you obtained through your personal plan, and you are a
Business User when you utilize your Entitlements provided by a Business.
* Business Email Domains. As a Personal User or a Business User, you may create
a Frame.io account using an email address provided or assigned to you by a
Business (such as your work email address). If the Business establishes a
direct relationship with us, they may want to add your account to such
relationship. If this happens, the Business may, with prior notice, roll your
account into the Business’s account. This means the Business may (A) access
the account; (B) take control over the account and any Content therein
whether stored, uploaded, or imported before or after the date these Terms of
Service were last updated; and (C) recommend any non-Business Content
associated with such account to be moved to a new account that utilizes an
email address not associated with such Business. You, as an individual or a
Business User, also acknowledge that Frame.io may provide your personal
information to such Business, such as your name or email address. If you do
not want a Business to access, use, remove, retain, or control an account or
profile, then do not use a Business email address with that account.
RULES OF CONDUCT
* As a condition of use, you promise not to use the Services for any purpose
that is prohibited by these Terms of Service or applicable law. You are
responsible for all of your activity in connection with the Services,
including without limitation your conduct, your User Content, and your
communications with others.
* You shall promptly handle and resolve any notices and claims relating to your
Content, including any notices sent to you by any person claiming that any of
your Content violates any person's rights.
* You shall not (and shall not permit any third party to) either (a) take any
action or (b) upload, download, post, submit or otherwise distribute or
facilitate distribution of any Content on or through the Service, including
without limitation any User Content, that:
* fails to comply with these Terms of Service;
* infringes any patent, trademark, trade secret, copyright, right of publicity
or other right of any other person or entity or violates any law or
contractual duty (see our Intellectual Property Removal Policy);
* is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, tortious, obscene,
vulgar, offensive or is otherwise inappropriate as determined by us in our
sole discretion;
* constitutes unauthorized or unsolicited advertising, junk or bulk e-mail
("spamming");
* contains software viruses or any other computer codes, files, or programs
that are designed or intended to disrupt, damage, limit or interfere with the
proper function of any software, hardware, or telecommunications equipment or
to damage or obtain unauthorized access to any system, data, password or
other information of ours or of any third party;
* impersonates any person or entity, including any of our employees or
representatives; or
* includes anyone's identification documents or sensitive financial
information.
* You shall not: (i) take any action that imposes or may impose (as determined
by us in our sole discretion) an unreasonable or disproportionately large
load on our (or our third party providers' ("Third Party Providers"))
infrastructure; (ii) interfere or attempt to interfere with the proper
working of the Services or any activities conducted on the Services; (iii)
bypass, circumvent or attempt to bypass or circumvent any measures we may use
to prevent or restrict access to the Services (or other accounts, computer
systems or networks connected to the Services); (iv) run any form of
auto-responder or "spam" on the Services; (v) use manual or automated
software, devices, or other processes to "crawl" or "spider" any page of the
Site; (vi) harvest or scrape any Content from the Services; or (vii)
otherwise take any action in violation of our guidelines and policies.
* You shall not (directly or indirectly): (i) decipher, decompile, disassemble,
reverse engineer or otherwise attempt to derive any source code or underlying
ideas or algorithms of any part of the Services (including without limitation
any Applications), except to the limited extent applicable laws specifically
prohibit such restriction, (ii) modify, translate, or otherwise create
derivative works of any part of the Services, or (iii) copy, rent, lease,
distribute, or otherwise transfer any of the rights that you receive
hereunder. You shall abide by all applicable local, state, national and
international laws and regulations.
* We also reserve the right to access, read, preserve, and disclose any
information as we reasonably believe is necessary to (i) satisfy any
applicable law, regulation, legal process or governmental request, (ii)
enforce these Terms of Service, including investigation of potential
violations hereof, (iii) detect, prevent, or otherwise address fraud,
security or technical issues, (iv) respond to user support requests, or (v)
protect the rights, property or safety of us, our users and the public.
* Trade Sanctions and Export Control Compliance. The Services, and your use of
them, are subject to laws, restrictions, and regulations of the United States
and other jurisdictions that (A) govern the import, export, and use of the
Services; and (B) may prohibit us from providing the Services to you without
notice. By using the Services, you agree to comply with all such laws,
restrictions, and regulations, and you warrant that you are not prohibited
from receiving the Services by the laws of any jurisdiction. Additionally,
you agree not to upload to or transmit over any Services any content that is
controlled for export from the United States (including technical data
controlled under the US International Traffic in Arms Regulations and
technology controlled under the US Export Administration Regulations) without
prior written approval from Frame.io.
OWNERSHIP
* Ownership of User Content. You (as a Business or an individual, as
applicable) retain all rights and ownership of your User Content. We do not
claim any ownership rights to your User Content.
* Frame.io Intellectual Property. We (and our licensors) remain the sole owner
of all right, title, and interest in the Services. Except as stated in the
Terms of Service, we do not grant you any rights to patents, copyrights,
trade secrets, trademarks, or any other rights in respect to the items in the
Services. We reserve all rights not granted under the Terms of Service.
THIRD PARTY SERVICES
The Services may permit you to link to other websites, services or resources on
the Internet, and other websites, services or resources may contain links to the
Services. When you access third party resources on 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 websites or
resources. The inclusion of any such link does not imply our endorsement or any
association between us and their operators. You further acknowledge and agree
that we 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 or reliance on any such content, goods or services available on or through
any such website or resource.
APPLE DEVICE AND APPLICATION TERMS
If you are accessing the Services via an application on a device provided by
Apple, Inc. ("Apple") or an application obtained through the Apple App Store,
the following shall apply:
* Both you and Frame.io acknowledge that these Terms of Service are concluded
between you and Frame.io only, and not with Apple, and that Apple is not
responsible for the Application or the Content;
* 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 private, personal, non-commercial use, subject to
all the terms and conditions of these Terms of Service as they are applicable
to the Services;
* You will only use the Application in connection with an Apple device that you
own or control;
* You acknowledge and agree that Apple has no obligation whatsoever to furnish
any maintenance and support services with respect to the Application;
* In the event of any failure of the Application to conform to any applicable
warranty, including those implied by law, you may notify Apple of such
failure; upon notification, Apple's sole warranty obligation to you will be
to refund to you the purchase price, if any, of the Application;
* You acknowledge and agree that Frame.io, and not Apple, is responsible for
addressing any claims you or any third party may have in relation to the
Application;
* You acknowledge and agree that, in the event of any third party claim that
the Application or your possession and use of the Application infringes that
third party's intellectual property rights, Frame.io, and not Apple, will be
responsible for the investigation, defense, settlement and discharge of any
such infringement claim;
* You represent and warrant that you are not located in a country subject to a
U.S. Government embargo, or that has been designated by the U.S. Government
as a "terrorist supporting" country, and that you are not listed on any U.S.
Government list of prohibited or restricted parties;
* Both you and Frame.io acknowledge and agree that, in your use of the
Application, you will comply with any applicable third party terms of
agreement which may affect or be affected by such use; and
* Both you and Frame.io acknowledge and agree that Apple and Apple's
subsidiaries are third party beneficiaries of these Terms of Service, and
that upon your acceptance of these Terms of Service, Apple will have the
right (and will be deemed to have accepted the right) to enforce these Terms
of Service against you as the third party beneficiary hereof.
IN APP PURCHASES
Through the Applications, you may purchase ("In App Purchase") certain goods
designed to enhance the performance of the Services (" Goods"). When you
purchase Goods, you are doing so through either Apple iTunes service or the
Google Play service and you are agreeing to their respective Terms and
Conditions.
( http://www.apple.com/legal/internet-services/itunes/us/terms.html; ). We are
not a party to any In App Purchase.
PAYMENTS AND BILLING
* Paid Services. Certain of our Services may be subject to payments now or in
the future (the "Paid Services"). 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.
* Taxes and Third-Party Fees. 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). We are not responsible for these fees. Contact
your financial institution with questions about fees. We may take steps to
collect the fees you owe us. You are responsible for all related collection
costs and expenses. If you are located in a different country from the
applicable Frame.io entity with which you are transacting, your payments will
be made to a foreign entity.
* Billing. We use a third-party payment processor, Stripe, (the " Payment
Processor") to bill you through a payment account linked to your Account on
the Services (your "Billing Account") 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 https://stripe.com/us/legal. We are not responsible for error by the
Payment Processor. By choosing to use Paid Services, you agree to pay us,
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 us, through the Payment Processor, to charge your chosen
payment provider (your " Payment Method"). You agree to make payment using
that selected Payment Method. We reserve the right to correct any errors or
mistakes that it makes even if it has already requested or received payment.
* Payment Method. The terms of your payment will be based on your Payment
Method and may be determined by agreements between you and the financial
institution, credit card issuer or other provider of your chosen Payment
Method. If we, through the Payment Processor, do not receive payment from
you, you agree to pay all amounts due on your Billing Account upon demand.
You authorize us 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 us 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, we may suspend your access to the
Services.
* Recurring Billing. Some of the Paid Services may consist of an initial
period, for which there is a one-time charge, followed by recurring period
charges as agreed to by you. By choosing a recurring payment plan, you
acknowledge that such Services have an initial and recurring payment feature
and you accept responsibility for all recurring charges prior to
cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER
AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS
CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO
CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED
BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE
YOUR PAYMENT METHOD, GO TO https://app.frame.io/account.
* Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE
INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL
INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH
AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION
DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR
PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE
OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE
OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE
AT https://app.frame.io/account. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING
INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID
SERVICES UNDER YOUR BILLING ACCOUNT AND THAT WE MAY PARTICIPATE IN PROGRAMS
TO TRY TO UPDATE YOUR PAYMENT INFORMATION IN ORDER TO CHARGE YOU FOR AMOUNTS
OWED UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
* Change in Amount Authorized. If the amount to be charged to your Billing
Account varies from the amount you preauthorized (other than due to the
imposition or change in the amount of state sales taxes), you have the right
to receive, and we 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. You agree that we may accumulate charges incurred and submit
them as one or more aggregate charges during or at the end of each billing
cycle.
* Auto-Renewal for Subscription Services. Unless you opt out of auto-renewal,
which can be done through your Account Settings https://app.frame.io/account,
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. To change or resign your Subscription Services at any time, go to
Account Settings. 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.
* Reaffirmation of Authorization. Your non-termination or continued use of a
Paid Service reaffirms that we are authorized to charge your Payment Method
for that Paid Service. We may submit those charges for payment and you will
be responsible for such charges. This does not waive our right to seek
payment directly from you. Your charges may be payable in advance, in
arrears, per usage, or as otherwise described when you initially selected to
use the Paid Service.
* Free Trials and Other Promotions. Any free trial or other promotion that
provides access to a Paid Service must be used within the specified time of
the trial. You must stop using a Paid Service before the end of the trial
period in order to avoid being charged for that Paid Service. If you cancel
prior to the end of the trial period and are inadvertently charged for a Paid
Service, please contact us via Support.
REFERRAL PROGRAMS
Frame.io may, in its sole discretion, create referral and/or promotional codes
as a standalone code or as appended to a personalized referral URL ("Promo
Codes") that may be redeemed for discounts on future Services and/or a Third
Party Provider's services, or other features or benefits related to the Services
and/or a Third Party Provider's services, subject to any additional terms that
Frame.io establishes as part of a referral program. You agree that Promo Codes:
(i) must be used for the intended audience and purpose, and in a lawful manner;
(ii) may not be duplicated, sold or transferred in any manner, or made available
to the general public (whether posted to a public forum or otherwise), unless
expressly permitted by Frame.io; (iii) may be disabled by Frame.io at any time
for any reason without liability to Frame.io; (iv) may only be used pursuant to
the specific terms that Frame.io establishes for such Promo Code; (v) are not
valid for cash; and (vi) may expire prior to your use. Frame.io reserves the
right to withhold or deduct credits or other features or benefits obtained
through the use of the referral system or Promo Codes by you or any other user
in the event that Frame.io determines or believes that the use of the referral
system or use or redemption of the Promo Code was in error, fraudulent, illegal,
or otherwise in violation of Frame.io's Terms. If you choose to use our referral
program via Promo Codes or other means to tell a friend about our products and
services, you represent that you have their consent to provide us your friend's
name and/or email address. We will send your friend one or more emails on your
behalf and as requested by you for the sole purpose of inviting him or her to
visit the Frame.io website and use the Frame.io products and services. Unless we
are authorized by your friend, we will only use your friend's name and/or email
address for the purposes of sending invitation emails on your behalf as
requested by you and maintaining an activity log of our referral program.
TERMINATION
We 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.
WARRANTY DISCLAIMER
We have no special relationship with or fiduciary duty to you. You acknowledge
that we have no duty to take any action regarding:
* 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, which may include your use of
additional encryption technology to protect Content (including User Content)
from unauthorized access. You acknowledge and agree that we will have no
liability of any kind as a result of the deletion of, correction of, destruction
of, damage to, loss of or failure to store or encrypt any Content.
You release us from all liability for you having acquired or not acquired
Content through the Services. We make no representations concerning any Content
contained in or accessed through the Services, and we 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 SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR
USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS,
EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT
THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR
SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS; (IV) THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST
OR DAMAGED; (V) THAT THE SERVICES WILL NOT HARM YOUR COMPUTER SYSTEM; OR (VI)
THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE
SERVICES IS SOLELY AT YOUR OWN RISK. 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 SERVICES BY USERS. WE DISCLAIM ALL LIABILITY FOR IDENTITY
THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
INDEMNIFICATION
You shall defend, indemnify, and hold harmless us, our affiliates and each of
our and their respective employees, contractors, directors, suppliers and
representatives from all liabilities, claims, and expenses, including reasonable
attorneys' fees, that arise from or relate to your use or misuse of, or access
to, the Services, Content, or otherwise from your User Content, violation of
these Terms of Service, or infringement by you, or any third party using your
Account or identity in the Services, of any intellectual property or other right
of any person or entity. We reserve the right to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which
event you will assist and cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS,
PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT
LIABILITY, NEGLIGENCE, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH
RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE,
COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) (HOWEVER
ARISING), EVEN IF WE HAD BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES,
(II) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES,
INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE
SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE
AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES
DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00.
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.
These Terms of Service set forth the entire liability of Frame.io and its
affiliates as well as your exclusive remedy with respect to access and use of
the Services.
GOVERNING LAW
If you reside in North America (inclusive of United States, Canada, Mexico,
United States territories and possessions, and United States military bases
wherever located), the Terms of Service shall be governed by and construed in
accordance with the laws of the State of California, U.S.A., unless preempted by
U.S. federal law, without regard to conflict of law rules. If you reside outside
of North America, the Terms of Service are governed by the law of Ireland. You
may have additional rights under your local law. We do not seek to limit those
rights where it is prohibited to do so by law.
DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION WAIVER
Notice of Claim and Required Information Dispute Resolution Process. If you have
any concern or dispute that Frame.io Support is unable to resolve (“Claim”), you
agree to first try to resolve the dispute informally and in good faith by
contacting us and providing a written Notice of Claim to the address provided
below in the Contact Section. The Notice of Claim must provide Frame.io with
fair notice of your identity, a description of the nature and basis of your
Claim, and the relief you are seeking, including the specific amount of any
monetary relief you are seeking, and cannot be combined with a Notice of Claim
for other individuals. If any dispute related to your Claim is not resolved
within sixty (60) days of receipt, any resulting legal actions must be resolved
through either small claims court or final and binding arbitration, including
any dispute about whether arbitration is required for the dispute, subject to
the exceptions set forth below. Neither party shall initiate legal action until
60 days after the Notice of Claim is received. This agreement to arbitrate shall
apply, without limitation, to all claims that arose or were asserted before the
effective date of the Terms. The arbitrator, and not any federal, state, or
local court or agency, shall have the exclusive authority to resolve any dispute
relating to the interpretation, applicability or enforceability of the Terms of
Service or formation of the Terms of Service, including whether any dispute
between us is subject to arbitration (i.e., the arbitrator will decide the
arbitrability of any dispute) and whether all or any part of these Terms of
Service are void or voidable. Claims related to the Terms of Service or Services
are permanently barred if not brought within one (1) year of the event resulting
in the Claim.
Arbitration Rules. If you reside in the Americas, JAMS will administer the
arbitration in Santa Clara County, California, pursuant to its Streamlined
Arbitration Rules and Procedures. If you reside in Australia, New Zealand,
Japan, mainland China, Hong Kong, Macau, Taiwan, South Korea, India, Sri Lanka,
Bangladesh, Nepal, or a member state of the Association of Southeast Asian
Nations (ASEAN), then the Singapore International Arbitration Centre (SIAC) will
administer the arbitration in Singapore under its Rules of Arbitration, which
rules are deemed to be incorporated by reference in this section. Otherwise, the
London Court of International Arbitration (LCIA) will administer the arbitration
in London, UK under the LCIA Arbitration Rules. There will be one arbitrator
that you and Frame.io mutually select. The arbitration will be conducted in the
English language, but any witness whose native language is not English may give
testimony in the witness’ native language, with simultaneous translation into
English (at the expense of the party presenting the witness). Judgment upon the
award rendered may be entered and will be enforceable in any court of competent
jurisdiction having jurisdiction over you and us. In the event of a conflict
between the rules of the arbitration provider and the Terms, including with
respect to the assessment of the fees and costs of arbitration, the Terms will
govern.
Arbitration Fees and Costs. Payment of all filing, administration, and
arbitrator fees and costs of arbitration will be governed by the rules of the
arbitration provider, except that to the extent that you bring a Claim as part
of a Coordinated Action, we agree that the parties will equally share all of the
fees and costs of arbitration (to the extent that allocation is not already
required under applicable rules). For purposes of this section, a “Coordinated
Action” is any action in which you are represented by a law firm or collection
of law firms that has filed numerous coordinated individual arbitration demands
of the same or similar nature against Frame.io within a short time.
Notwithstanding the above, if you are unable to afford fees or costs of
arbitration, Frame.io will pay them. If the arbitrator finds that either the
substance of a Claim or the relief sought in arbitration was frivolous, or a
Claim was brought for an improper purpose, the parties may seek to re-allocate
the fees and costs of arbitration, according to the rules of the arbitration
provider.
Exceptions to Arbitration – Small Claims and Injunctive Relief. Notwithstanding
the foregoing, either party may elect to have any Claim that is subject to the
jurisdiction of small claims court decided in small claims court in Santa Clara
County, California, USA, or the county of your residence. If either party files
a Claim in arbitration that could have been brought in small claims court, the
other party may provide notice that it wants the case decided in small claims
court before the appointment of an arbitrator, and the arbitrator shall
administratively close the case before assessing any fees, and the party
bringing the Claim must proceed in small claims court in lieu of arbitration.
Any dispute about whether a Claim qualifies for small claims court shall be
resolved by that court, not by an arbitrator. In the event of any such dispute,
the arbitration proceeding shall remain closed unless and until a decision by
the small claims court that the Claim should proceed in arbitration.
Additionally, either party shall be entitled to apply for preliminary injunctive
remedies (or an equivalent type of urgent legal relief) in any jurisdiction,
such as in the event of your or others’ unauthorized access to or use of the
Services in violation of the Terms of Service. If a party has a dispute in which
they seek to obtain both preliminary injunctive relief and other forms of
relief, the party may go to court to seek preliminary injunctive relief, but
must arbitrate its claims or seek relief in small claims court for all other
forms of relief.
Acceptance of Arbitration and Right to Opt Out. Within the first thirty (30)
days of your use of the Services or the date of the last update to this Section
of the Terms of the Service, whichever is later, you have the right to opt out
of the arbitration and class action waiver provisions of this Section by sending
us written notice of your decisions at the address set forth in the Contact
Section. If you opt out of these provisions, Frame.io will also not be bound by
them.
No Class Actions. You may only resolve disputes with us on an individual basis,
and you may not bring a claim as a plaintiff or a class member in a class,
consolidated, or representative action. Nonetheless, if any portion of this
class action waiver is deemed unenforceable or invalid as to a particular
remedy, then that remedy (and only that remedy) must be severed from the
arbitration and may be sought in court. The parties agree, however, that any
adjudication of remedies not subject to arbitration shall be stayed pending the
outcome of any arbitrable claims and remedies.
MODIFICATION
We reserve the right, in our sole discretion, to modify or replace any of these
Terms of Service, or change, suspend, or discontinue the Services (including
without limitation, the availability of any feature, database, or content) at
any time by posting a notice on the Site or by sending you notice through the
Services, via e-mail or by another appropriate means of electronic
communication. We may also impose limits on certain features and services or
restrict your access to parts or all of the Services without notice or
liability. While we will timely provide notice of modifications, it is also your
responsibility to check these Terms of Service periodically for changes. Your
continued use of the Services following notification of any changes to these
Terms of Service constitutes acceptance of those changes.
Miscellaneous
Audits. If you are a Business, then we may, no more than once every twelve (12)
months, upon at least seven (7) days’ prior notice to you, appoint our personnel
or an independent third-party auditor who is obliged to maintain
confidentiality, to inspect (including manual inspection, electronic methods, or
both) your records, systems, and facilities to verify that your installation and
use of Services comply with our Terms of Service. Additionally, you will provide
us with all records and information reasonably requested by us within thirty
(30) days of our request in order for us to verify that the installation and use
of any and all Services is in conformity with your valid licenses. If the
verification discloses a shortfall in conformity with the licenses for the
Services, you will immediately acquire any necessary licenses in order to remedy
any such non-conformity(ies).
Entire Agreement and Severability. These Terms of Service are the entire
agreement between you and us with respect to the Services, including use of the
Site and any Applications, and supersede all prior or contemporaneous
communications and proposals (whether oral, written or electronic) between you
and us with respect to the Services. If any provision of these Terms of Service
is found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that these Terms of Service will
otherwise remain in full force and effect and enforceable. The failure of either
party to exercise in any respect any right provided for herein shall not be
deemed a waiver of any further rights hereunder.
Force Majeure. We shall not be liable for any failure to perform our obligations
hereunder where such failure results from any cause beyond our reasonable
control, including, without limitation, mechanical, electronic or communications
failure or degradation.
Assignment. These Terms of Service are personal to you, and are not assignable,
transferable or sublicensable by you except with our prior written consent. We
may assign, transfer or delegate any of our rights and obligations hereunder
without consent.
Agency. No agency, partnership, joint venture, or employment relationship is
created as a result of these Terms of Service and neither party has any
authority of any kind to bind the other in any respect.
Notices. Unless otherwise specified in these Term of Service, all notices under
these Terms of Service will be in writing, sent to the address listed in the
Contact Section below, and will be deemed to have been duly given when received,
if personally delivered or sent by certified or registered mail, return receipt
requested or the day after it is sent, if sent for next day delivery by
recognized overnight delivery service. We may notify you by your email or postal
mail associated with your account, postings within the Services, or other
legally accepted means. It is your responsibility to keep your account
information current to receive notifications.
No Waiver. Our failure to enforce any part of these Terms of Service shall not
constitute a waiver of our right to later enforce that or any other part of
these Terms of Service. Waiver of compliance in any particular instance does not
mean that we will waive compliance in the future. In order for any waiver of
compliance with these Terms of Service to be binding, we must provide you with
written notice of such waiver through one of our authorized representatives.
Headings. The section and paragraph headings in these Terms of Service are for
convenience only and shall not affect their interpretation
Contact. You may contact us at the following address: Frame.io, 345 Park Avenue,
San Jose, California, 95110-2704, USA, Attention: General Counsel; and outside
of North America: Frame.io, 4-6 Riverwalk, City West Business Campus, Saggart,
Dublin 24, Ireland.
The prior version of the Terms of Service, effective through April 10, 2022, is
available HERE.
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