Terms of Service - Amplify Content Agency

Effective Date: April 21, 2025

Welcome to Amplify Content Agency ("Amplify," "we," "our," or "us"). Our website is located at https://amplifycontentagency.com (the "Website"). These Terms of Service ("Terms") govern your access to and use of our Website and the content repurposing services we provide (collectively, the "Services").

By accessing the Website or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Website or Services.

1. Description of Services

Amplify Content Agency provides content repurposing services. Clients subscribe to monthly or yearly plans and submit their core content (such as podcasts, videos, livestreams, webinars, articles - the "Client Content"). Amplify transforms this Client Content into various derivative assets (such as short video clips, graphics, written summaries, social media captions - the "Deliverables") as outlined in the chosen subscription plan. Our typical turnaround time is 7-10 business days, though this may vary based on plan and complexity. Services focus on asset creation and delivery; scheduling or publishing Deliverables on client platforms is not included unless specified in a custom Enterprise plan. Enterprise-level or custom service plans are available upon request and may be governed by separate negotiated agreements.

2. Third-Party Integrations

Our Services may include optional integrations with third-party platforms and services to enhance functionality and user experience.

• Google Drive Integration: We offer an optional integration with Google Drive that allows you to browse and select files from your Google Drive for use with our Services. This integration uses the Google Drive API with read-only access to your files. You must explicitly authorize this access, which you can revoke at any time through your Google Account settings. For detailed information about how we handle data accessed through Google Drive, please refer to our Privacy Policy.
• Other Integrations: We may offer additional third-party integrations as part of our Services. Your use of these integrations is subject to the respective terms and privacy policies of those third-party services.

3. Account Registration

To access our Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Use of Services & User Conduct

You agree to use our Services only for lawful purposes and in accordance with these Terms. You represent and warrant that you own or have all necessary rights, licenses, consents, and permissions to submit the Client Content to us and to authorize us to use the Client Content for the purpose of providing the Services. You agree not to submit any Client Content that infringes on any third-party rights (including copyright, trademark, privacy, or other personal or proprietary rights) or contains unlawful material. Amplify agrees to implement commercially reasonable measures consistent with industry standards to protect the security and confidentiality of Client Content while it is in our possession for the purpose of providing the Services.

5. Intellectual Property Rights

• Client Content: You retain all ownership rights to the original Client Content you submit to us.
• License to Amplify: You grant Amplify Content Agency a limited, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, create derivative works from (solely for repurposing), distribute, and display your Client Content solely for the purpose of providing the Services outlined in your subscription plan. This license terminates upon the termination of your service agreement or account closure, except that Amplify may retain archival copies of Client Content and Deliverables strictly as necessary for legal compliance, administrative record-keeping, or internal documentation purposes after termination.
• Deliverables: Upon our receipt of full payment for the applicable service period during which the Deliverables were created, you will own the specific Deliverables created for you by Amplify. We retain the right to use Deliverables in our portfolio or for marketing purposes unless otherwise agreed in writing. Clients who prefer their Deliverables not be showcased in our portfolio or marketing materials may explicitly opt-out by notifying Amplify in writing via casey@amplifycontentagency.com.

6. Payments, Subscriptions, Cancellations, and Refunds

• Billing: Services are offered on a subscription basis (monthly or yearly) and billed in advance via our third-party payment processor, Stripe. By providing payment information, you agree to their terms and privacy policy.
• Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle (monthly or yearly) unless you cancel it prior to the renewal date through your account settings or by contacting us.
• Payment Failure: If automatic renewal payment fails, we will notify you. We reserve the right to suspend access to the Services and delivery of Deliverables until payment is received. Unpaid invoices may be issued.
• Cancellation: You may cancel your subscription at any time before the start of your next billing cycle via your account dashboard or by contacting support at casey@amplifycontentagency.com. Cancellation will be effective at the end of the current paid term.
• No Refunds: All payments are non-refundable. There are no refunds or credits for partially used periods or if you cancel your subscription before the end of the current paid term, except where required by law or granted solely at the discretion of Amplify Content Agency.

7. Third-Party Services

Our Services rely on third-party providers:

• Stripe: For payment processing. (Stripe Services Agreement & Privacy Policy - *Verify Link*)
• Supabase: For user authentication and data storage. (Supabase Terms & Privacy - *Verify Link*)
• Dropbox: For storage and delivery of Client Content and Deliverables. (Dropbox Terms & Privacy - *Verify Link*)
• Google Analytics: For website analytics. We use Google Analytics to collect data about your use of our Website, which helps us improve our services and user experience. (Google Privacy & Terms)
• Google Drive API: For accessing and selecting files from your Google Drive when you choose to use this integration. (Google Privacy & Terms)

Your use of these third-party services may be subject to their respective terms and policies. We are not responsible for the practices of these third parties.

8. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMPLIFY CONTENT AGENCY AND ITS OWNER(S), EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

10. Termination

• By You: You may terminate these Terms by canceling your subscription and ceasing to use the Services.
• By Us: Amplify reserves the right to terminate or suspend your access to Services immediately and without prior notice for violations of these Terms, including but not limited to, breaches of intellectual property warranties (Section 3), non-payment (Section 5), or misuse of the Services.

11. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Michigan, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Kalamazoo County, Michigan, and you consent to the jurisdiction of and venue in such courts. *(Note: Consult lawyer about potentially using Arbitration instead)*.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.

13. Contact Information

If you have any questions about these Terms, please contact us at: casey@amplifycontentagency.com