Terms of service

Terms of Service
Last updated: [Dec 5, 2021]

Acceptance of Terms
By clicking “I agree,” creating an account, or completing payment via Stripe Checkout, you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use Pro Content Studio’s website, platform, or services.

About Pro Content Studio
Pro Content Studio provides no-call content services tailored for each business, including copywriting, content strategy, social media content, blog content, and related services per the selected package (the “Services”). We are not a law firm, medical provider, or advertising agency, and we do not provide legal or medical advice.

Services Description
- Content may be created, scheduled, and/or published to your connected platforms (e.g., social media, blogs, websites) per your package.
- Services may include AI-assisted content generation. You are responsible for final review and approval of all content.
- We do not guarantee specific results, conversions, rankings, or revenue.

Accounts, Access, and Third‑Party Integrations
- You must connect your social media, website CMS, and other third‑party accounts (“Third‑Party Platforms”) to our platform to allow scheduling and publishing.
- You authorize us to access and use connected accounts solely to perform the Services. You may revoke access at any time.
- Upon cancellation or termination, we will remove our access promptly. After we remove access, we are not responsible for any issues that occur with your Third‑Party Platforms.
- You remain solely responsible for your Third‑Party Platform accounts, including security, MFA, passwords, compliance with their terms, and any suspensions, penalties, or data loss imposed by those platforms.

Client Content Review and Responsibility
- You are required to review all posts and content as they are uploaded, scheduled, or published. You maintain final editorial control and responsibility at all times.
- We are not responsible for content that may be perceived as discriminatory, aggressive, offensive, inaccurate, or otherwise unsuitable for your brand or business model. You must request edits or removal promptly if any content is not acceptable.
- If your package includes auto‑publishing or scheduling, you authorize us to post on your behalf. You agree to review each item promptly upon upload or publication and notify us of any changes you require.
- Time-sensitive removals or edits will be handled as soon as reasonably practicable during business hours.

AI and Automated Content Disclaimer
- Our Services may use AI and automation. While we strive for quality, automated content may contain spelling/grammar errors, image artifacts, factual inaccuracies, or other flaws.
- Our pricing reflects this AI‑assisted model. We will not be held accountable for automated errors in spelling, image quality, formatting, or similar automated limitations. You are responsible for reviewing and approving all content.

Acceptable Use and Prohibited Content
You agree not to request or publish content through our Services that:

- Violates law or third‑party rights (including copyright, trademark, privacy, publicity).
- Is defamatory, harassing, threatening, hateful, discriminatory, sexually explicit, or promotes violence.
- Contains protected health information (PHI) or violates HIPAA/HITECH.
- Makes unsubstantiated medical, health, or legal claims, or violates attorney advertising rules, state bar regulations, FTC/FDA/State Board guidance, or platform policies.
We may refuse, suspend, or remove content or Services that violate these Terms or applicable laws/policies.

Regulatory Compliance (Law Firms and Med Spas)
- You are solely responsible for compliance with attorney advertising rules, state bar rules, ethics rules, HIPAA, FTC guidelines, FDA/State Board marketing rules, and all other applicable laws and regulations.
- We do not provide legal or medical advice. All content is marketing/informational and should be reviewed by your licensed professionals before use.

Intellectual Property and License
- Until all related fees are paid in full, all materials we create remain the intellectual property of Pro Content Studio.
- Upon full payment, we grant you a non‑exclusive, worldwide, royalty‑free license to use, reproduce, and display the delivered content for your business. We may reuse non‑confidential workflows, templates, and know‑how.
- Stock media, fonts, music, and other third‑party assets are licensed subject to their respective licenses and restrictions. You are responsible for ongoing license compliance if continued use requires it.

Fees, Billing, Refunds, and Cancellations
- Fees are due in advance and may auto‑renew per your plan. By subscribing, you authorize recurring charges via Stripe.
- Except where prohibited by law, all fees are non‑refundable, including for partial periods, early cancellation, or unused Services.
- Cancellations take effect at the end of the current billing cycle. We do not backdate cancellations.
- Chargebacks: If you dispute a charge without first contacting us to resolve the issue, we may suspend or terminate Services and revoke content access/licenses until the dispute is resolved and amounts due are paid.
- We may suspend or terminate Services for non‑payment.

No Legal, Medical, or Professional Advice
All content and Services are provided for marketing and informational purposes only. We do not provide legal, medical, or professional advice, and nothing we create should be relied upon as such. You are responsible for independent review by qualified professionals.

Disclaimers
- Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non‑infringement.
- We do not warrant uninterrupted or error‑free operation, or that content will meet your expectations or achieve particular outcomes.

Limitation of Liability
To the maximum extent permitted by law:

- We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, loss of data, reputational harm, or business interruption.
- Our total aggregate liability for any claim arising out of or relating to the Services or these Terms shall not exceed the total fees you paid to us in the three (3) months preceding the event giving rise to the claim.

Indemnification
You will defend, indemnify, and hold harmless Pro Content Studio, its officers, employees, and contractors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

- Your content or use of the Services;
- Your Third‑Party Platform accounts and integrations;
- Your breach of these Terms or applicable laws/regulations;
- Any regulatory, bar, or board complaints related to your marketing or content.

Termination
- Either party may terminate for convenience by providing notice; your termination is effective at the end of the current billing period.
- We may suspend or terminate immediately for breach, illegal activity, or risk to our platform.
- Upon termination, we will revoke access and cease posting. Sections that by their nature should survive (e.g., Fees, IP, Disclaimers, Limitation of Liability, Indemnification, Governing Law) will survive.


Confidentiality and Privacy
- We will not disclose your non‑public business information except to perform the Services, comply with law, or with your consent.
- Do not transmit PHI or other regulated sensitive data through our platform.
- Payment processing is handled by Stripe; we do not store full payment card details. See our Privacy Policy for details.


Force Majeure
We are not liable for delays or failures due to events beyond our reasonable control, including outages, platform/API changes, strikes, acts of God, or changes in laws/policies.

Changes to Terms
We may update these Terms from time to time. Changes are effective upon posting to our website or presentation at checkout. Your continued use after posting constitutes acceptance.

Governing Law and Venue
These Terms are governed by the laws of the State of [Your State], without regard to conflict‑of‑law principles. Exclusive venue and jurisdiction lie in the state or federal courts located in [Your County, Your State]. You consent to personal jurisdiction there.

 

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