Terms of Service

Effective date: November 9, 2026
Last updated: November 9, 2026
Version: v6-2026-11-09

These Terms of Service ("Terms") are an agreement between you and Crushvertise LLC, a Texas limited liability company ("Crushvertise," "ReelDrive," "we," "us," or "our"). They govern your use of ReelDrive, including the website at reeldrive.co, the application at app.reeldrive.co, share links, and related services (together, the "Service").

By creating an account, accepting an invitation, or using the Service, you agree to these Terms. Our Privacy Policy explains how we handle information; it is a notice, not part of this contract. If you use the Service on behalf of a company or other organization, you agree on its behalf and confirm you have authority to do so; "you" then means that organization. If you do not agree, do not use the Service.

Please read Section 21 carefully. It requires most disputes between you and us to be resolved by binding individual arbitration instead of in court, and waives class actions and jury trials. You can opt out within 30 days as explained there.

1. The Service

ReelDrive is a visual asset library for photos and videos. It lets you upload files into workspaces, organize them into boards, tag and search them, invite teammates, and share selected boards or files through links. Features may be added, changed, or removed over time.

Changes to the Service. Because ReelDrive is actively developed, we may update, add, or retire features, and the app may change without separate notice. If we remove a core feature of a paid plan you are on, we will tell you in advance where reasonably possible.
Additional terms. Some features, promotions, or custom plans may come with additional terms that we show you when you use them or that are set out in an order form ("Additional Terms"). Additional Terms become part of this agreement, and where they conflict with these Terms, the Additional Terms control for that feature or plan.
Customer data processing. For files and other content a workspace uploads (including personal information about people who appear in them), we process that content as a service provider / processor on behalf of the workspace owner, under the owner's instructions as expressed through the Service and these Terms. We will: (a) process it only to provide, secure, and support the Service and as required by law; (b) keep it confidential; (c) require our subprocessors to protect it under written terms; (d) help the workspace owner respond to privacy requests about that content where reasonably possible; (e) notify the workspace owner of a personal-data breach affecting that content as required by law; and (f) delete or return it from live systems when the workspace is closed or when the owner asks us to, subject to the retention practices described in the Privacy Policy and to legal holds. A longer data processing addendum may be agreed in writing for custom plans.

2. Eligibility, business use, and U.S.-only beta

You must be at least 18 years old and able to form a binding contract to use the Service. The Service is intended for business and professional use (for example, creators, brands, agencies, and their teams), not personal, family, or household use. You may not use the Service if you are barred from doing so under applicable law, including U.S. export-control and sanctions laws.

U.S.-only beta. During the current beta, the Service is offered only to account holders and workspace members located in the United States. You may not create an account, accept an invitation, or use the Service if you are located outside the United States. Guests who open share links from outside the United States do so at their own risk; we do not currently offer EU/UK Standard Contractual Clauses or a separate international DPA for beta.

3. Accounts and security

Your account. You sign up with an email address and password, or through an emailed invitation, sign-in code, or link. Give us accurate information and keep it up to date.
Security. You are responsible for keeping your password and the email account linked to your ReelDrive account secure, and for all activity under your account. Do not share your login. Tell us promptly at [email protected] if you believe your account has been accessed without permission.
Workspaces and roles. A workspace has an owner and may have members with different roles (such as admin, organizer, member, and viewer). The workspace owner controls billing and the workspace's plan. Owners and admins control who is invited, what roles members hold, and which share links exist. You are responsible for the people you invite and the access you give them.
Keep your email current. We send sign-in codes, security notices, and legal notices to the email address on your account. You are responsible for keeping it current and able to receive our messages; a notice we send to that address counts as delivered.
Your account is personal to you. You may not sell, transfer, or let someone else take over your account. A workspace owner who wants to hand a workspace to someone else can ask us for help.
Your own equipment. You are responsible for the devices, browser, and internet connection you use to reach the Service, and for any data or connectivity charges they bring. Large uploads depend on your connection.
Workspace administrative control. Content uploaded to a workspace is under the administrative control of the workspace owner. That does not transfer ownership of Your Content to the workspace or to us (see Section 4). If a member leaves or is removed, content they uploaded stays in the workspace under the owner's administrative control.

4. Your content

You own your content. "Your Content" means the files, images, videos, file names, descriptions, tags, comments, and other material you or your workspace members upload to or create in the Service. As between you and us, you keep all ownership rights in Your Content.
Limited license to us. You grant Crushvertise a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, process, and display Your Content, and to create technical derivatives of it (such as thumbnails, previews, lower-resolution or transcoded versions, file fingerprints, and, where AI features are enabled for that content, tags, descriptions, and transcripts), only as needed to provide, secure, and support the Service for you and as you direct (for example, when you create a share link). This license ends when Your Content is permanently deleted from the live Service, except for copies that remain in backups or that we must keep for legal reasons, as described in the Privacy Policy.
No other use. We do not sell Your Content or use it for advertising. We do not use Your Content to train AI models. Our contracts with AI providers require them not to use Your Content to train their models when we use their paid services. Any exception would require the workspace owner's separate, express opt-in — never a silent Terms update. Content that Section 6 prohibits, and content we have restricted while we review it, is never sent for AI processing (see Section 11).

5. Your responsibilities for content

You represent and warrant that:

you own Your Content or have all rights, licenses, consents, and releases needed to upload, store, share, and process it through the Service, including rights in any music, footage, artwork, trademarks, and the name, image, voice, and likeness of any person (including talent, models, and creators) appearing in it;
Your Content and your use of it do not infringe or misappropriate anyone's intellectual property, publicity, privacy, or other rights, and do not violate any law or any contract you are bound by (such as a talent, licensing, or brand agreement); and
if Your Content includes personal information about other people, you have a lawful basis and any required notices or consents to process it with the Service.

We do not review Your Content before it is uploaded and are not responsible for it.

6. Acceptable use

You may not, and may not allow anyone else to:

upload, store, or share content that infringes or misappropriates any copyright, trademark, right of publicity, or other right;
upload, store, or share child sexual abuse material (CSAM) or any content that sexualizes, sexually exploits, or endangers minors (anyone under 18), including drawn, animated, AI-generated, or altered depictions. We have zero tolerance for this content. When we have actual knowledge of apparent CSAM or of other child sexual-exploitation offenses that U.S. law requires providers to report (including certain child trafficking and enticement offenses under 18 U.S.C. § 2258A), we will report to the National Center for Missing & Exploited Children (NCMEC) CyberTipline and to law enforcement as required, preserve the material and related information as the law requires, restrict access while preserving it, terminate the accounts involved without prior warning, and will not provide that material on export or download;
upload, store, or share content that is illegal; non-consensual intimate imagery (NCII), including synthetic or AI-generated intimate imagery of a real person; credible threats of violence; or content that promotes terrorism;
upload or distribute malware, viruses, or any code or file designed to harm, disrupt, or gain unauthorized access to any system;
use the Service to harass, threaten, or defame anyone, to post knowingly false or misleading content about others, or to send spam;
probe, scan, or test the vulnerability of the Service, bypass any security, rate, or storage limit, or access accounts, workspaces, or data that are not yours;
interfere with or overload the Service, or use bots or scrapers against it, except through features we provide for that purpose;
use the Service as general-purpose public file hosting or a content-distribution network for the public (for example, embedding share links as hotlinks on public websites);
resell, sublicense, or provide the Service to third parties as a service bureau without our written permission;
copy, reverse engineer, or create derivative works of the Service's software, except as allowed by law;
use the Service to distribute (for example, through share links or comments) content that promotes violence, self-harm, or hatred against people based on a protected characteristic such as race, religion, national origin, sex, sexual orientation, gender identity, age, or disability;
upload or share another person's private or confidential information (such as ID documents, financial details, or health information) without the right to do so;
use the Service for phishing, fraud, or other deception, including pretending to be another person or company or disguising where content or a message came from; or
misuse AI Features (Section 11), including by using them to create content meant to deceive people about who someone is or what they said or did, by trying to get around the safety filters of our AI providers, by submitting content that breaks the AI provider's prohibited-use policies, or by using them to identify people from their faces, voices, or other biometric traits.

No sexually explicit content. ReelDrive is a workspace for professional creative work. Sexually explicit content is not allowed on the Service, even if it is legal, kept private, or never shared. You may not upload, store, or share:

pornography, or other content made for the purpose of sexual arousal or gratification;
depictions of sexual acts or sexual activity, whether real, simulated, animated, or AI-generated;
nudity, meaning exposed genitals or exposed female nipples or areolae, including topless content; or
any sexual or sexualized content involving a minor or anyone who appears to be a minor. This is covered by item 2 above, which we enforce with zero tolerance: we remove the content, terminate every account involved without warning, preserve the material as the law requires, and report it to NCMEC.

What is allowed. Non-explicit content is welcome, including swimwear and bikinis, lingerie, tanning and self-tanning products and results, fitness and athletic content, and fashion and beauty content, as long as it doesn't include nudity or anything else banned in the paragraph above. Whether content crosses that line is our call, made in good faith; context matters (for example, a product shot of a swimsuit is fine, while the same swimsuit in sexually explicit content is not). The bans in items 2 and 3 above, including on NCII, always apply.

Enforcement. If we find, or are told about, content that breaks this Section 6, we may remove it or disable access to it, revoke share links that include it, restrict the files or boards involved while we review them, and suspend or terminate the account or workspace (see Sections 7 and 16). Serious or repeated violations lead to termination. Prohibited content is never eligible for AI Features: we do not knowingly send it to our AI provider, and if AI results were generated from it before we found it, we may delete them.

Reporting intimate imagery and abuse (no account required). If you believe content on ReelDrive is CSAM, NCII (including synthetic or AI-generated intimate imagery of a real person), or otherwise violates this Section 6, email [email protected] with the subject line "Abuse Report" (or use our public report page). You do not need a ReelDrive account. Include a link or other information that lets us find the material, and a brief description of the problem. For qualifying NCII requests under applicable U.S. law (including the TAKE IT DOWN Act where it applies to us), we will remove or disable access to the reported material within 48 hours of a valid request, and we will make reasonable efforts to remove or disable known identical copies we can locate on the Service (for example, by file fingerprint). Reporting CSAM or other crimes may also be made to NCMEC and law enforcement; we will preserve material as required by law and will not return it to the uploader on export.

7. Reviews, investigations, and enforcement

No pre-screening. We don't review content before it is uploaded, and we don't routinely look through workspaces. The one exception is the automated check we may run before a file is sent for AI processing (see Section 11). We may access or review content when reasonably needed to provide support you ask for, keep the Service secure, investigate a report or suspected violation, or comply with the law.
What we may do. If we believe that content or activity violates these Terms or the law, or puts the Service, other users, or others at risk, we may, at our discretion and with or without notice, warn you, remove or disable access to the content, revoke share links, pause features, or suspend or end the account or workspace.
Restricting content during a review. While we review a report or a suspected violation, we may restrict the files or boards involved. Restricted content can't be shared through links or sent for AI processing until the review is finished. Our AI provider's own safety systems may also refuse to process a file; if that happens, we may restrict the file and review it.
Our general practice. We generally try to respond in proportion to the problem and, where it seems practical, lawful, and safe, to let you know and give you a chance to fix it first. This describes how we usually work. It is not a promise or an obligation, and we may skip any step — except where a specific commitment in these Terms applies (for example, the NCII removal timeline in Section 6 or the DMCA steps in Section 8).
Law enforcement. We may preserve information and report suspected criminal activity to the authorities, and we will cooperate with valid legal process.
No credits. You are not entitled to a refund or service credit for any interruption caused by enforcement against your own violation.

8. Copyright complaints (DMCA)

We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512).

Designated agent: Copyright Agent, Crushvertise LLC (ReelDrive), 615 W 7th St Apt 2305, Austin, TX 78701. Email: [email protected] (subject line: "DMCA Notice"). Our registration of a designated agent with the U.S. Copyright Office is pending; once complete, the registered details will match this section.

Where to send notices: Send DMCA takedown notices and counter-notices to the Designated agent above — by email to [email protected] with the subject line "DMCA Notice", by mail to the postal address above, or use our report page.

Takedown notice. To report content you believe infringes your copyright, send a written notice that includes:

your physical or electronic signature;
identification of the copyrighted work you claim is infringed;
identification of the material you claim is infringing, with enough information for us to locate it (for example, the share link URL);
your name, address, telephone number, and email address;
a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Counter-notice. If your content was removed and you believe it was removed by mistake or misidentification, you may send a counter-notice that includes:

your physical or electronic signature;
identification of the material that was removed and where it appeared before removal;
a statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification;
your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if you are outside the United States, any judicial district in which we may be found), and that you will accept service of process from the person who provided the original notice or that person's agent.

If we receive a valid counter-notice, we will promptly forward it to the person who sent the original notice and will restore the material in 10 to 14 business days unless that person tells us they have filed a court action seeking to restrain the alleged infringement. We will notify the uploader when we remove or disable access to material because of a DMCA notice, unless the law or a legal hold prevents it. We may still refuse to restore material if we have an independent lawful reason to keep it down (for example, CSAM or NCII).

Repeat-infringer rule. We keep an internal record of valid copyright infringement notices and related account actions. We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers. As a working rule, two or more valid, uncontested (or unsuccessfully contested) infringement findings against the same account or workspace within a 12-month period will ordinarily lead to termination, and we may terminate sooner for egregious or willful infringement. We may also disable share links and remove the infringing material.

Knowingly misrepresenting that material is infringing, or that it was removed by mistake, can make you liable for damages under 17 U.S.C. § 512(f).

9. Share links

Workspace owners and admins can create links that let people outside the workspace view selected boards or files. Depending on the settings you choose, a link may have a password, an expiration date, a view limit, and guest comments, and you can revoke it at any time. Share links are currently view-only and do not allow downloading original files; if that changes, the link settings will show it.

You are responsible for who you share with. Anyone who has a share link (and its password, if one is set) can view what it exposes, and can forward the link or capture what they see (for example, by screenshot or screen recording). We cannot control what recipients do with content once they view it.
Only share content you have the right to share, and revoke links you no longer need.
Guests who comment through a share link must follow Section 6 and must be at least 18. Workspace owners and admins are responsible for guest comments in their workspace.
Guests can report abuse through the report path in Section 6 without creating an account.

10. Other users and guests

Workspaces are shared spaces. Other members of your workspace, and guests viewing your share links, may add, change, organize, comment on, or delete content according to the roles and settings the workspace gives them. Content added by other users is their responsibility, not ours, and we don't check it. Disagreements between members of a workspace, or between a workspace and the people it shares with, are for them to resolve; we may help where we reasonably can but have no obligation to.

11. AI features

ReelDrive may offer optional AI features, such as automatic tags, descriptions, search ranking, and transcription of speech in videos ("AI Features"). AI Features are not currently enabled. When they are, this section applies.

How they work. When AI Features are enabled for your workspace, we send eligible files (or derived versions of them, such as lower-resolution previews or audio) to our AI provider, currently Google's Gemini API used as a paid service, to generate results. Results are stored with your files and become part of Your Content. Content that Section 6 prohibits (including sexually explicit content), and content we have restricted, is not eligible and is not sent to the AI provider. Our AI provider applies its own safety filters and may refuse to process a file; when it does, no AI results are generated for that file. Automated check before AI. Before a file is sent to our AI provider, we may run an automated check (currently Google Cloud Vision SafeSearch) on the file or on a few still frames taken from it. If the check indicates the file is likely sexually explicit, we don't send it, we restrict it, and the workspace owner can review it and tell us it isn't explicit. That is not, by itself, a finding that you broke these Terms.
Availability and allowances. AI Features may be optional, limited to certain plans, or subject to a usage allowance (for example, a monthly allowance that resets on the 1st of each month). When an allowance is used up, new AI processing pauses until it resets or you upgrade; your files, uploads, and existing AI results are not affected. Unused allowance does not carry over to the next month, has no cash value, and can't be transferred, sold, or exchanged for a refund. How much allowance an action uses depends on things like file length and the processing involved, and we may adjust how usage is measured. We may change allowances with notice. Indexing Your Content so the Service can search and serve your own workspace is not "training" an AI model.
Accuracy. AI output can be wrong, incomplete, or biased, and may misidentify people, objects, words, or brands. Review results before relying on them. Do not rely on AI output for legal, medical, financial, or safety decisions, or as a substitute for reviewing rights and clearances.
No training on your content. We do not use Your Content or AI results to train AI models. When we use Google's Gemini API as a paid service under Google's then-current terms, Google states that it does not use prompts or responses (including uploaded files) to improve its products, though it may retain them for a limited period to detect abuse and for legal reasons (see the Privacy Policy). We will not use an unpaid Gemini tier for customer media. Any change that would allow training on Your Content requires the workspace owner's separate, express opt-in.

12. Plans, billing, and renewal

Plans. We offer a Free plan and paid plans with different storage limits, as described on our pricing page. Custom plans may be agreed in writing (an order form or invoice), and those written terms control where they conflict with these Terms.
Payment. Paid plans are billed in advance, monthly or annually, through our payment processor, Stripe. By starting a paid plan, you authorize us and Stripe to charge your payment method for the plan fees and any applicable taxes. Prices are in U.S. dollars and exclude taxes unless stated otherwise.
Automatic renewal. Paid plans renew automatically at the end of each billing period for the same period length at the then-current price unless you cancel before the renewal date. Checkout will show the renewal terms; you will receive a confirmation of the charge.
Cancellation. The workspace owner can cancel at any time from the billing page in the app (or by contacting [email protected]). Cancellation takes effect at the end of the current paid period; you keep paid-plan access until then. After that, the workspace moves to the Free plan (see Section 13).
No refunds. Fees are non-refundable, including for partial billing periods, unused storage, or downgrades, except where required by law or where we expressly agree otherwise in writing.
Failed payments. If a payment fails, we (or Stripe) may retry the charge. If the subscription is ultimately cancelled for non-payment, the workspace moves to the Free plan.
Price changes. We may change plan prices. We will tell you about a price increase for your plan by email or in the app before it applies to you. The new price applies from your next renewal after we tell you. If you don't agree, cancel before that renewal. Where a longer notice period is required by law, we will follow the law.
Plan changes. Upgrades and downgrades are handled through the billing page; Stripe may apply prorated charges or credits under its standard behavior.
Taxes. You are responsible for all taxes associated with your purchase, other than taxes on our income. If a withholding tax applies to your payment, you will pay it in addition to the fees so that we receive the full amount invoiced.
Trials and promotions. If we offer a free trial, discount, or promotion, its terms will be shown when you accept it. Unless those terms say otherwise, when a trial ends the workspace returns to the Free plan unless you choose a paid plan. If you think you were charged by mistake, contact [email protected] and we will look into it.

13. Storage limits

Each plan includes a storage limit per workspace (for example, 10 GB on Free). Storage counts every original file stored in the workspace, including files in the trash. There is also a maximum size per individual file (currently 50 GB).
Hard caps, no overage charges. Storage limits are hard caps. When a workspace reaches its limit, new uploads are blocked until you free up space (including by emptying the trash) or upgrade. We do not charge overage fees.
Over the limit after a downgrade. If a workspace holds more than its plan allows (for example, after a paid plan ends), existing files stay and are not deleted right away, but new uploads stay blocked while the workspace is over its limit. If a workspace stays over its limit after a downgrade, we may delete files over the limit, but only after giving the workspace owner at least 30 days' notice by email. Within that period, the owner can upgrade, free up space, or tell us which files to remove. If the owner doesn't choose, we will remove the most recently uploaded files first until the workspace is back under its limit. Until automation ships, this notice-and-deletion process is handled manually by support, and we keep a record of the notice.
We may also apply reasonable limits on things like number of files per upload, request rates, and share-link views to protect the Service.

14. Beta Service

The Service, or parts of it, may be labeled beta, preview, early access, or similar ("Beta"). Beta features are still being developed and may be changed, limited, or discontinued at any time. During Beta there is no uptime, availability, or support-response commitment, and you should keep your own copies of important files. Because Beta is still in development, data loss is possible even though we work to prevent it.

15. Our intellectual property

The Service belongs to us. Apart from Your Content, the Service, including its software, design, and documentation, is owned by Crushvertise and its licensors and is protected by intellectual-property laws. Subject to these Terms, we give you a limited, non-exclusive, non-transferable, revocable right to use the Service for your business during your subscription or Free-plan use. We keep all rights not expressly granted.
Our brand. "ReelDrive" and our logos are our trademarks. Don't use them in a way that suggests we endorse you, and don't remove copyright or trademark notices from the Service.
Feedback. If you send us suggestions or feedback, we may use them without any obligation to you.

16. Suspension and termination

By you. You may stop using the Service at any time. To close your account or delete a workspace, contact [email protected]. Self-service account deletion is not available yet.
By us. We may suspend or terminate your access to all or part of the Service at any time, with or without notice, including if we believe you have breached these Terms (including Sections 5 and 6), you fail to pay, your use creates risk or legal exposure for us or others, or the law requires it. Section 7 describes our general practice, which does not limit this right. We may also stop offering the Service. If we do, we will try to give reasonable advance notice and will refund any prepaid fees for the unused part of your billing period.
Export. While you have access, you can download original files individually or as zip archives of selected files and boards from within the app. After an account or workspace is closed or terminated, you may ask [email protected] for a copy of Your Content, and we will make reasonable efforts to provide one if the data is still available. We will not provide content that is CSAM or that we must preserve or withhold under law, and we may decline where the account was terminated for serious violations such as malware or other illegal content.
Deletion. You can ask us to delete an account, a workspace, or Your Content by emailing [email protected]. After an account or workspace is closed or terminated, we delete Your Content from the live Service as part of our closure process (today this is a manual support runbook, not a self-serve button). How long copies may remain in backups, and how long security logs are kept, is described honestly in the Privacy Policy. We may also keep information where the law requires it, or to resolve disputes, enforce these Terms, or prevent abuse — including preserving reported CSAM as required by law.
Amounts owed. Ending your account doesn't cancel fees already due. Cancel before your renewal date to avoid being charged for the next period.
Survival. Sections that by their nature should survive termination survive, including Sections 4 (to the extent needed for backups and legal holds), 5, 6 (reporting and preservation), 8, 15, 16, and 17 through 23.

17. Third-party services

The Service relies on third-party providers (for example, hosting, storage, authentication, email, payments, and AI providers, listed in the Privacy Policy) and may let you interact with third-party services or content (for example, links in descriptions, or importing from a third-party source if we offer it). We are not responsible for third-party services, and your use of them may be subject to their own terms and privacy policies. Payments are processed by Stripe under Stripe's terms.

18. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, CRUSHVERTISE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that files will never be lost or corrupted, or that AI output or search results will be accurate. You are responsible for keeping independent backups of Your Content. We are not responsible for the conduct, content, or communications of other users, guests, or third parties, whether online or offline.

19. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

CRUSHVERTISE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, OR COSTS OF SUBSTITUTE SERVICES, arising out of or relating to these Terms or the Service, even if we were advised of the possibility.
CRUSHVERTISE'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE FEES ATTRIBUTABLE TO THE ONE (1) MONTH BEFORE THE EVENT GIVING RISE TO THE CLAIM (FOR ANNUAL PLANS, ONE-TWELFTH OF THE ANNUAL FEE THEN IN EFFECT FOR THE RELEVANT WORKSPACE), OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

These limits apply even if a remedy fails of its essential purpose. They reflect a fair allocation of risk between you and us, and our prices are set with them in mind. Nothing in these Terms limits liability that cannot be limited under applicable law (for example, for fraud, willful misconduct, or gross negligence where such a limitation is unenforceable). Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

20. Indemnity

You will defend, indemnify, and hold harmless Crushvertise and its members, managers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content, including any claim that it infringes or violates anyone's rights (including copyright, music, publicity, or likeness rights); (b) third-party claims arising from your use of the Service or any share link you create; (c) your breach of these Terms; or (d) your violation of any law or third-party right. We may assume control of the defense of any matter at your expense, and you will cooperate with us.

21. Governing law, disputes, and arbitration

Governing law. These Terms are governed by the laws of the State of Texas and applicable U.S. federal law, including the Federal Arbitration Act, without regard to conflict-of-law rules.

Informal resolution first. Before starting an arbitration or court case, the party with the claim will send the other a written description of it and what they want (to us at [email protected]). Both sides will then try in good faith to resolve it informally for at least 30 days. The limitation period for the claim is tolled during that informal period.

Agreement to arbitrate. If the dispute isn't resolved informally, you and Crushvertise agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including whether this section applies, will be resolved by final and binding arbitration on an individual basis. The American Arbitration Association (AAA) will administer it under its Commercial Arbitration Rules (or, if AAA determines that its Consumer Arbitration Rules apply to you, under those rules), before a single arbitrator. The seat is Austin, Texas, and hearings may be held by video where the rules allow. Fees are allocated under the applicable AAA rules; if AAA treats you as a consumer, we will pay AAA fees above the amount of a comparable court filing fee. Judgment on the award may be entered in any court with jurisdiction.

Exceptions. Either party may instead: - bring an individual claim in a small-claims court in your home county or in Travis County, Texas, if it qualifies and stays there on an individual basis; or - go to court for an injunction or other equitable relief to protect its intellectual property, or to stop unauthorized access to or misuse of the Service.

Class-action waiver. YOU AND CRUSHVERTISE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not combine more than one person's claims or award relief to anyone other than the individual parties. Claims for public injunctive relief that cannot lawfully be waived are severed and may proceed in court after the individual arbitration of other claims. If this waiver is found unenforceable for a particular claim, that claim will go to court in the venue below, not to arbitration.

Jury-trial waiver. YOU AND CRUSHVERTISE EACH GIVE UP THE RIGHT TO A TRIAL BY JURY for any dispute covered by these Terms, including any that ends up in court.

30-day opt-out. You may opt out of this agreement to arbitrate by emailing [email protected] within 30 days after you first accept these Terms, with the subject line "Arbitration Opt-Out" and the email address of your account. Opting out of arbitration does not change the class-action waiver or the jury-trial waiver, which still apply. We will acknowledge and log opt-out requests.

Future changes to arbitration. If we make a material change to this arbitration section, we will email account holders. The change applies only to claims that arise after 30 days from that email notice, never to disputes you already raised with us. You may reject the change by emailing [email protected] within 30 days after that notice. The version you last accepted (and any prior opt-out) will then continue to apply to you for covered claims.

Venue for claims not arbitrated. Claims that are not subject to arbitration, whether because of an exception above, because you opted out, or because a court finds this section does not apply, and any court action to enforce or confirm an arbitration award, will be brought exclusively in the state or federal courts located in Travis County, Texas. You and we consent to the personal jurisdiction of those courts.

Severability. If any part of this section is found unenforceable, the rest still applies, except as stated in the class-action waiver above.

22. Using the Service from outside the United States

We run the Service from the United States. During beta, the Service is U.S.-only (see Section 2). We don't promise that it is appropriate or available in every country. If you somehow access it from elsewhere in violation of Section 2, you are responsible for following your local laws, including laws on importing and exporting data.

23. General

Changes to these Terms. We may update these Terms from time to time. For material changes, we will email account holders (and may also show an in-app notice). Material changes apply going forward only, starting 30 days after that emailed notice (or later if we say so), and do not apply to disputes you already raised with us. The "Last updated" date shows when the posted Terms last changed. If you don't agree to a material change, stop using the Service and cancel your plan before it takes effect. Continued use after the effective date of a material change means you accept that change for future use. Section 21 covers changes to the arbitration agreement specifically.
Electronic communications. You agree to receive agreements, notices, and other communications from us electronically, by email or in the app, and you agree that these satisfy any legal requirement that they be in writing.
Notices. We may send notices to the email address on your account or show them in the app. You can send notices to [email protected].
Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of all or part of our business or assets.
Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control, including outages of third-party providers.
Entire agreement. These Terms and any order form or plan terms you agree to are the entire agreement between you and us about the Service. The Privacy Policy is a separate notice about information practices and is not incorporated into this contract.
Severability and waiver. If any part of these Terms is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver.
No third-party beneficiaries. These Terms do not give rights to anyone other than you and us.
Export. You will comply with U.S. export-control and sanctions laws in using the Service.

24. Contact

Crushvertise LLC (ReelDrive)
[email protected]