These Terms of Service ("Terms") govern your access to and use of the websites, client portal, and subscription video production services (the "Services") provided by Nieri Creative ("Nieri Creative," "we," "us," or "our"). By creating an account, subscribing to a plan, or otherwise using the Services, you agree to these Terms.
1. Accounts
You must provide accurate information when creating an account and keep your login credentials confidential. You are responsible for all activity that occurs under your account. Accounts are for the individual or organization named at signup and may not be shared across separate businesses without our written consent.
2. Subscriptions and billing
Subscription plans renew automatically at the interval shown at checkout (typically monthly) until cancelled. By subscribing, you authorize us and our payment processor to charge your payment method on each renewal date. Prices, included deliverables, turnaround windows, and plan features are described on the pricing page and may change with notice for future billing periods.
3. Cancellations and refunds
You may cancel your subscription at any time from your client portal or by emailing us. Cancellations take effect at the end of the then-current billing cycle, and you retain access to the Services through that date.
All payments are non-refundable. We do not issue prorated refunds for unused time, unused revisions, paused work, or periods during which you did not submit briefs. If your account is terminated by us for cause (see below), fees paid are not refundable.
4. Scope of work and deliverables
Each plan defines the type, quantity, and turnaround of deliverables. Turnaround windows assume complete briefs, footage, and timely responses to questions and revision requests. Delays caused by missing assets, late feedback, or scope changes are not counted against turnaround commitments. Requests that materially exceed the scope of your plan may require an upgrade or a separate quote.
5. Client materials and license to us
You retain ownership of footage, audio, images, brand assets, and other materials you submit ("Client Materials"). You grant us a non-exclusive, worldwide, royalty-free license to store, reproduce, modify, and use Client Materials solely to perform the Services. You represent that you have all rights necessary to provide the Client Materials and that our use as permitted here will not infringe any third-party rights.
6. Deliverables and ownership
Upon full payment for the billing cycle in which a deliverable is produced, you own the final delivered files, subject to any third-party assets embedded in them (such as licensed music, stock footage, or fonts), which remain governed by their respective licenses. We retain ownership of our project files, templates, presets, and any pre-existing tools used to produce the deliverables. We may display finished deliverables in our portfolio unless you ask us in writing not to.
7. Acceptable use
You agree not to use the Services to:
- violate any law or third-party right, including intellectual property, privacy, or publicity rights;
- submit content that is defamatory, harassing, hateful, or sexually explicit involving minors;
- attempt to disrupt, reverse engineer, or gain unauthorized access to the Services; or
- resell, sublicense, or repackage the Services as your own without our written consent.
8. Third-party services
The Services rely on third-party providers for hosting, payments, authentication, scheduling, and file storage. Your use of the Services is also subject to those providers' terms. We are not responsible for outages, defects, or actions of third-party services outside our control.
9. Confidentiality
Each party will protect the other's non-public business information disclosed in connection with the Services and use it only to perform or receive the Services.
10. Disclaimers
The 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, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or produce any particular business result.
11. Limitation of liability
To the fullest extent permitted by law, our aggregate liability arising out of or relating to these Terms or the Services will not exceed the amounts you paid to us in the three months preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill.
12. Termination
You may stop using the Services at any time by cancelling your subscription. We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Services in a way that could harm us or other users. Sections intended by their nature to survive termination (including ownership, disclaimers, limitation of liability, and dispute terms) will survive.
13. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will notify you through the portal or by email before they take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.
14. Contact
Questions about these Terms should be sent to admin@niericreative.com.