Intros Now - Terms of Service Agreement Last Updated: February 15, 2020
This Intros Now Terms of Service Agreement (the “Agreement” or “Terms of Service“) is made between Intros Now, LLC. (“Intros Now,” “we,” “us,” or “our“) and you, our customer (“you” or “your“). This Agreement governs your use of our video template tools (collectively, the “Services“). For support inquiries, please contact us here.
IMPORTANT: Section 11 of this Agreement contains a mandatory ARBITRATION AGREEMENT. By using the Services, you agree that any claims you may have against Intros Now relating to the Services must be ARBITRATED, and you waive the right to (1) assert claims against Intros Now in court; (2) participate in a class action; and (3) have a jury hear your case. This Arbitration Agreement applies to past, pending, and future claims. As set forth below, limited exceptions apply for (1) claims that can be litigated in small claims court and (2) persons who registered for the Services before February 15, 2020 and who have opted out of arbitration of past claims in accordance with the terms hereof.
By using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
2. OUR SERVICES
Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to create and distribute videos using our partner Fiverr. The features available to you will depend on your plan. We may change features from time to time.
3. ACCEPTABLE USE POLICY
We may allow you to upload, live stream, submit, or publish (collectively, to “submit“) content such as videos, recordings, images, and text (collectively, “content“). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5. Intros Now may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Intros Now may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.
4. Copyright Policy
You may only upload content that you have the right to upload and share. Copyright owners may send Intros Now a takedown notice if they believe Intros Now is hosting infringing materials. We will, in appropriate circumstances, terminate the videos that infringe.
5.1 License Grant by You
As between you and Intros Now, you own and will retain ownership of all intellectual property rights in and to the content you submit for the purpose of creating or editing a video. By submitting such content, you grant Intros Now permission to use, copy, distribute, sublicense, transmit, make derivative works from, and publicly perform and display through all means such works for the purpose of: (a) analyzing your content using automated technologies for the purpose of creating videos; (b) creating videos using your content, in conjunction with other content that we may supply (including Third-Party Content, defined below); and (c) streaming and distributing those videos to end users of your choosing.
The license period begins when you submit content to Intros Now and ends when you or Intros Now delete it and all works that contain any parts of it from the Services; provided that Intros Now may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) for internal testing purposes; (c) when the video is the subject of a takedown notice or other legal claim; or (d) when Intros Now in good faith believes that it is legally obligated to do so.
5.2 Community Content and Feedback
You grant Intros Now a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display content comprising social media engagement (including comments and “likes”) that you submit or provide within our Services. If you make suggestions to Intros Now on improving our products or services, Intros Now may use your suggestions without any compensation to you.
6. TERM AND TERMINATION
This Agreement begins when you first use our Services and continues so long as you use our Services.
If you breach this Agreement, Intros Now may, at its option: (a) terminate this Agreement immediately.
INTROS NOW PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and Internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, INTROS NOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, Intros Now makes no representations or warranties:
That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
Concerning any content submitted by or actions of our users;
That our Services will meet your business or professional needs;
That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
Concerning any third-party websites and resources.
8. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) INTROS NOW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF INTROS NOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) INTROS NOW’S TOTAL LIABILITY TO YOU, EXCEPT FOR INTROS NOW’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO INTROS NOW OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.
9. ARBITRATION AGREEMENT WITH RETROSPECTIVE EFFECT; JURY WAIVER; CLASS ACTION WAIVER; LIMITED RIGHT TO OPT OUT
This Section 11 sets forth a binding arbitration agreement between you and Intros Now (the “Arbitration Agreement”). In this Arbitration Agreement, you agree:
To arbitrate all claims relating to the Services, including any prior claims that you may have (subject to a limited opt-out right);
To waive your right to a trial by jury; and
To waive any right to proceed on a class basis in arbitration or otherwise.
9.1 Arbitration Agreement
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or your use of the Services, regardless of the date of accrual and including past, pending, and future claims, shall be BINDING ARBITRATION administered by JAMS.
Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and Intros Now are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing (if any). The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
9.3 Location of Hearing
If you are a consumer you may request that the arbitration hearing be conducted in the area in which you reside. Otherwise, the hearing (if any) shall take place in New York County, New York State, United States of America.
9.4 Class-Action Waiver
EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.
Whether to agree to this Arbitration Agreement or commence an arbitration (where you have the option) is an important decision. Here are some important considerations:
Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties. Arbitration does not limit or affect the legal claims you as an individual may bring against Intros Now. Agreeing to arbitration will only affect where those claims may be brought and how they will be resolved.
Arbitration is generally considered to be a more rapid dispute resolution process than the judicial system, but that is not always the case. The arbitrator will typically determine whether Intros Now or you will be required to pay or split the cost of any arbitration with Intros Now, based on the circumstances presented.
IMPORTANT: THERE IS CURRENTLY A LAWSUIT AGAINST INTROS NOW ALLEGING CLASS CLAIMS ON YOUR BEHALF WHICH, IF SUCCESSFUL, COULD POTENTIALLY RESULT IN SOME MONETARY OR OTHER RECOVERY TO YOU IF YOU ELECT TO OPT OUT OF THE RETROACTIVE APPLICATION OF THIS ARBITRATION AGREEMENT. THE MERE EXISTENCE OF SUCH PROCEEDING DOES NOT MEAN IT WILL ULTIMATELY SUCCEED OR THAT YOU ARE ENTITLED TO ANY RECOVERY.
You will be precluded from bringing any class or representative action against Intros Now, and you will also be precluded from participating in any recovery resulting from any class or representative action brought against Intros Now.
You may bring a case in small claims court in lieu of arbitration as described above.
You have the right to consult with counsel of your choice (at your cost) concerning this Arbitration Agreement.
10. OPT-OUT FOR LEGACY USERS
Users who registered for our Services before February 15, 2020 (“Legacy Users”) have a limited, one-time right to opt out of the retroactive effect of this Arbitration Agreement as set forth below.
This opt-out right does NOT (a) apply to users who create accounts on or after February 15, 2020; (b) exempt any claims or disputes of any user arising after February 15, 2020 from the application of this Arbitration Agreement; (c) apply to claims that must be arbitrated under some other arbitration agreement; or (d) apply to any Legacy User who has failed to opt out as set forth below.
NOTE: Please do not direct any customer support inquiries to this email address, as they will not receive a response; such inquiries should be directed to customer support.
Should you not opt out of the retroactive application of this Arbitration Agreement within such 30-day period as set forth above, you and Intros Now shall be bound by the terms of this Arbitration Agreement, including its retroactive effect.
IF YOU OPT OUT OF THE RETROACTIVE EFFECT OF THIS ARBITRATION AGREEMENT, YOU WILL STILL BE SUBJECT TO AND BOUND BY ANY PRIOR ARBITRATION AGREEMENTS/ PROVISIONS YOU PREVIOUSLY AGREED TO WITH INTROS NOW (OR ITS ASSIGNORS) AS WELL AS THIS ARBITRATION AGREEMENT ON A GO-FORWARD BASIS.
11. JURISDICTION AND VENUE
The Federal Arbitration Agreement (“FAA”) shall govern this Arbitration Agreement. To the extent not preempted or inconsistent with the FAA, the choice of law provisions in Section 12 are incorporated and are applicable to this Arbitration Agreement. Any arbitration award may be entered in a court of competent jurisdiction.
12. GENERAL PROVISIONS
Choice of Law: Any disputes relating to this Agreement or your use of our Services will be governed by the laws of New York State and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law.
Choice of Venue; Jury Trial Waiver: To the extent that a claim cannot be arbitrated for a reason other the small-claims court exception set forth in Section 11.6, then you and Intros Now agree that any action relating to this Agreement or your use of our Services, must be commenced in the state or federal courts located in New York County, New York State, United States of America; you consent to the exclusive jurisdiction of those courts. IN ANY SUCH ACTION, INTROS NOW AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
Reservation of Rights, Severability, Force Majeure: Intros Now reserves all rights not expressly granted herein. Intros Now’s rights and remedies are cumulative. No failure or delay by Intros Now in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. Intros Now will not be liable for any delay or failure caused by a force majeure event.
Relationship: You and Intros Now are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this Agreement to any person whose account has been terminated by Intros Now or who is prohibited from registering; any such assignment will be void.
Third Parties: We may provide links to and integrations with websites operated by others. The website operator, not Intros Now, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of Intros Now. If you have a signed agreement with Intros Now, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.