ProductionPro Terms and Conditions - ProductionPro

Terms of Service

PRODUCTIONPRO TERMS OF SERVICE

Last Updated: October 3, 2019

Welcome to ProductionPro, a service that provides tools to producers and their teams for managing and creating tv, film and theater productions, and other content offered by ProductionPro Technologies Inc. (“ProductionPro”) via our website located at www.production.pro (the “Site”) and mobile application (the “App”). Please read these Terms of Service (the “Terms”) and our Privacy Policy (www.production.pro/privacy) (“Privacy Policy”) carefully because they govern your use of our Site, App and related services. To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”

  1. Agreement to Terms. The Terms are applicable (a) to users who use Services to administer and manage a Production (“Patrons”) (b) to users who are invited to join a Production created in the Services by a Patron (“Collaborators”) and (c) general users of our Services. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. These Terms control your use of the Services unless a separate written agreement that, by its explicit terms, supersedes these Terms, is entered into and executed by ProductionPro and you and such separate agreement remains in full force and effect.
  2. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PRODUCTIONPRO THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION FOR CONSUMERS” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
  3. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 17 “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
  4. Who May Use the Services?
    1. Eligibility. You may use the Services only if you are 13 years or older, unless we have your parent’s verified consent, and are not barred from using the Services under applicable law. You agree that you will not use the Services in any country or in any manner prohibited by United States export control laws or any other law, restrictions, or regulations that apply to you.
    2. Registration and Your Information. If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the App or we may make the Services available through your account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
    3. Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us at support@production.pro immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
    4. Permissions. Your access to and use of the Services may be limited by the permission level associated with the type of Account you have or your status as a Patron or Collaborator on a particular project. Patrons may invite Collaborators to work on their projects. Patrons are responsible for all activities that occur through use of their Accounts, including the activities of Collaborators and for ensuring that all such activities comply with applicable federal, state and/or international laws. All Collaborators acknowledge that the Patron of a project to which they contribute has certain rights to limit their access to or contributions to that project.
  5. Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@production.pro. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
  6. Financial Terms. We offer both free and paid Services. We require payment of a fee for use of certain features of or content available through the Services in the form of a one-time payment (“One-Time Payment”) or by purchasing a subscription (“Subscription”) for such use.Below are the financial terms that apply to such paid Services that we provide. Note that access to certain content through the Services, together with certain features of the Services, may be purchased from third parties and be subject to such third parties’ (or their payment processors’) separate financial terms. You understand that by purchasing from a third party, you are agreeing to those separate third party financial terms.
    1. General. Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
    2. Subscriptions. If you purchase a Subscription, you will be charged the monthly Subscription fee, or the Subscription fee for the applicable Subscription period as indicated through the Services, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each Subscription period thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE US TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each Subscription period using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or us. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
    3. Cancelling One-Time Payment or Subscription. YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to goodbye@production.pro or you may be able to cancel your Subscription through the App Provider. YOU MUST CANCEL YOUR SUBSCRIPTION AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF YOUR CURRENT SUBSCRIPTION PERIOD TO AVOID BEING CHARGED FOR THE SUBSEQUENT SUBSCRIPTION PERIOD. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current subscription period and will then terminate without further charges.
    4. Additional Payment Terms. If you dispute any charges you must let us know within sixty (60) days after the date that the charge was incurred. All amounts paid are non-refundable, and we reserve the right to change our prices in the future. We may change the Subscription Fees upon advance notice to you. If you want to continue with a Subscription after we provide such notice then, you agree to the payment of the changed Subscription Fee as communicated to you in such notice and your continued use of the Services after the price change goes into effect constitutes your agreement to pay the changed amount. Past due fees are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.
  7. Content.
    1. General. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “Production Content” means any Content that Account holders (including you) submit to or create via the Services (which may include data you import from Non-ProductionPro products you use). ProductionPro does not claim any ownership rights in any Production Content. Subject to the foregoing, ProductionPro and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
    2. Rights in Production Content Granted by You. By making any Production Content available through the Services you hereby grant to ProductionPro a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, publicly display and publicly perform and distribute your Production Content in connection with operating and providing the Services and Content to you and to other Account holders. We will not access, view, or listen to any Production Content, except as set forth in the Terms and as reasonably necessary to perform the Services or if you make your Production Content publicly available. Actions reasonably necessary to perform the Services may include (but are not limited to) (i) responding to support requests; (ii) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and (iii) enforcing these Terms.
    3. Responsibility for Production Content. You are solely responsible for all your Production Content. You represent and warrant that you own all your Production Content or you have all rights that are necessary to grant us the license rights in your Production Content under these Terms. You also represent and warrant that neither your Production Content, nor your use and provision of your Production Content to be made available through the Services, nor any use of your Production Content by ProductionPro on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    4. Storage. You agree to comply with and not to exceed the technical limits set by the Services on your Production Content, such as limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Services until you are within the storage space limit associated with your Account.
    5. Removal of Production Content. You can remove your Production Content by specifically deleting it. However, in certain instances, some of your Production Content (such as posts or comments you make) may not be completely removed and copies of your Production Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Production Content.
    6. Rights in Content Granted by ProductionPro. Subject to your compliance with these Terms, ProductionPro grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
    7. Third Party Content. Third parties or other users of the Services may make Content available through the Services (“Third Party Content”). Your use of such Third Party Content may be subject to separate third party terms of service, including license and payment terms.
    8. Offensive Content. If you access our Services, you may come across Content that you find offensive or upsetting. Your sole remedy is to simply stop viewing the Content.
  8. Rights and Terms for Apps.
    1. Rights in App Granted by ProductionPro. Subject to your compliance with these Terms, ProductionPro grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. ProductionPro reserves all rights in and to the App not expressly granted to you under these Terms.
    2. Accessing App from App Provider. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
      • These Terms are concluded between you and ProductionPro, and not with the App Provider, and ProductionPro (not the App Provider), is solely responsible for the App.
      • The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
      • In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ProductionPro.
      • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
      • In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, ProductionPro will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
      • The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
      • You must also comply with all applicable third party terms of service when using the App.
  9. General Prohibitions and ProductionPro’s Enforcement Rights. You agree not to do any of the following
    1. Post, upload, publish, submit or transmit any Production Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
    2. Use, display, mirror or frame the Services or any individual element within the Services, ProductionPro’s name, any ProductionPro trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ProductionPro’s express written consent;
    3. Access, tamper with, or use non-public areas of the Services, ProductionPro’s computer systems, or the technical delivery systems of ProductionPro’s providers;
    4. Attempt to probe, scan or test the vulnerability of any ProductionPro system or network or breach any security or authentication measures;
    5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ProductionPro or any of ProductionPro’s providers or any other third party (including another user) to protect the Services or Content;
    6. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ProductionPro or other generally available third-party web browsers;
    7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    8. Use any meta tags or other hidden text or metadata utilizing a ProductionPro trademark, logo URL or product name without ProductionPro’s express written consent;
    9. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
    10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
    11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
    12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
    13. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission, or publish anyone’s identification documents or sensitive financial information;
    14. Impersonate or misrepresent your affiliation with any person or entity;
    15. Use the Services to construct any kind of database;
    16. Violate these Terms or any applicable law or regulation; or
    17. Encourage or enable any other individual to do any of the foregoing. Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including Production Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. If, for instance, you upload files that do not belong to you, we can delete those files. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
  10. DMCA/Copyright Policy. ProductionPro respects copyright law and expects its users to do the same. It is ProductionPro’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see ProductionPro’s Copyright and IP Policy at www.production.pro/copyright for further information.
  11. Links to Third Party Websites or Resources. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
  12. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at goodbye@production.pro. In addition, copies of your Production Content may have been retained as part of our routine backups; however, we also reserve the right to delete all Production Content if your access to the Services is terminated. Upon any termination, discontinuation or cancellation of the Services or your Account, the following provisions will survive: Sections 5, 7(a), 7(b), 7(d), 9, 12, 13, 14, 15, 16, 17, and 18.
  13. Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. WE ASSUME NO RESPONSIBILITY FOR ANY THIRD PARTY CONTENT. WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM SUCH THIRD PARTY CONTENT.
  14. Indemnity. You will indemnify, defend and hold ProductionPro and its officers, directors, employee and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your Production Content, or (iii) your violation of these Terms.
  15. Limitation of Liability.
    1. NEITHER PRODUCTIONPRO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRODUCTIONPRO OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
    2. IN NO EVENT WILL PRODUCTIONPRO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE GREATER OF (I) FEES PAID TO US FOR THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (II) ONE HUNDRED DOLLARS ($100).
    3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PRODUCTIONPRO AND YOU.
  16. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution for Consumers,” the exclusive jurisdiction for all Disputes (defined below) that you and ProductionPro are not required to arbitrate will be the state and federal courts located in the Southern District of New York, and you and ProductionPro each waive any objection to jurisdiction and venue in such courts.
  17. Dispute Resolution for Consumers. The following terms of Section 17 “Dispute Resolution for Consumers” only applies if you are an individual who is using the Services and Content for your own personal use and are not representing a legal entity.
    1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
    2. Exceptions and Opt-out. As limited exceptions to subsection (a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at legal@production.pro or by regular mail at 175 Pearl St, Floors 1-3, Brooklyn, NY 11201 within thirty (30) days following the date you first agree to these Terms.
    3. Starting Arbitration. If you want to begin arbitrating a Dispute, you must send a letter to us at the following address: 175 Pearl St, Floors 1-3, Brooklyn, NY 11201 requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided.
    4. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
    5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
    6. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if ProductionPro changes any of the terms of this Section 17 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to www.Client.net) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of ProductionPro s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and ProductionPro in accordance with the terms of this Section 17 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
  18. General Terms.
    1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between ProductionPro and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ProductionPro and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without ProductionPro’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. ProductionPro may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
    2. Notices. Any notices or other communications provided by ProductionPro under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
    3. Other Agreements. If we enter into a separate written agreement with you, your employer, or a Patron, the terms from that agreement will take precedence over the terms set forth in these Terms if there is a conflict between the terms of that agreement and the terms set forth in these Terms.
    4. Waiver of Rights. ProductionPro’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ProductionPro. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
  19. Contact Information. If you have any questions about these Terms or the Services, please contact ProductionPro at legal@production.pro or at: 25 Kent Ave Ste 401, Brooklyn, NY 11249.

Privacy Policy

PRODUCTIONPRO PRIVACY POLICY

Last Updated: April 1, 2019

Protecting your privacy is really important to us. With this in mind, we’re providing this Privacy Policy to explain our practices regarding the collection, use and disclosure of personal information when you use our Services, as defined in our Terms of Service, and the choices you have associated with that personal information. This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services. This Privacy Policy applies to all users of the Services.

Revisions to this Privacy Policy

We may revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of those changes by posting them on the Services or by sending you an email or other notification, and we’ll update the “Last Updated” date above to indicate when those changes will become effective.

Collection and Use of Information

Personal Information Collected or Received from You

Our primary goals in collecting Personal Information are to provide and improve our Services, to administer your use of the Services (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services. We may also use your Personal Information to develop new products and services; verify your identity; conduct surveys, blogs, research and development; process transactions; prevent potentially prohibited or illegal activities; enforce our Terms; measure interest and engagement; customize content and advertising; and communicate with you. Personal Information means any information relating to an identified or identifiable natural person according to applicable law.

Account Information. If you create an Account, we’ll collect certain Personal Information that can be used to identify you, such as your name, email address, password, and we (or our service providers) may collect your credit card information and billing address (if you make any purchase through the Services).  If we enable you to create an Account using your login credentials from one of your SNS Accounts, we’ll be able to access and collect your name and email address and other Personal Information that your privacy settings on the SNS Account permit us to access.

Information Related to Use of the Services. Our servers automatically record certain information about how a person uses our Services (“Log Data”), including both Account holders and non-Account holders. Log Data may include information such as a your Internet Protocol (IP) address; browser type;, your home page customization preferences;, operating system;, the name of your internet service provider; device information such as your hardware information, mobile provider, unique device identifiers, device settings, and crash data; the web page that a user was visiting before accessing our Services and after leaving our website; the pages or features of our Services to which a user browsed and the time spent on those pages or features; search terms and advertising clicks/actions; the links on our Services that a user clicked on and other statistics. We use Log Data to administer the Services, and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance our Services by expanding their features and functionality and tailoring them to our users’ needs and preferences. We may use Personal Information to generate aggregate information about how our Services are used. We may also collect your Production Content and other data you contribute or post on the Services, live chats and customer service emails and phone calls, order history, preferences and testimonials, and survey responses, in each case, in connection with your use of the Services.

Information Sent by Your Mobile Device. We collect certain information that your mobile device sends when you use our Services, like unique identifiers such as an advertising ID, device ID, user settings and the operating system of your device, as well as information about your use of our Services.

Location Information. When you use our Services, we may collect and store information about your general location.

Information Collected Using Cookies, Web Beacons and other Tracking Tools. Like many website owners and operators, we use automated data collection tools such as Cookies and Web Beacons to collect certain information.

“Cookies” are small text files that are placed on your device by a web server when you access our Services. We may use both session Cookies and persistent Cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use Cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent Cookies, session Cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own Cookies on your device. Note that this Privacy Policy covers only our use of Cookies and does not include use of Cookies by such third parties.

“Web Beacons” (also known as web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the device, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).

Our uses of such technologies fall into the following general categories:

  • Operationally Necessary. This includes technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our Services;
  • Performance Related. We may use technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;
  • Functionality Related. We may use technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
  • Advertising or Targeting Related. We may use first party or third party technologies to deliver content, including ads relevant to your interests, on our website and Services or on Third Party sites.

Personal Information that We Share with Third Parties

Personal Information Shared with Our Services Providers. We may engage third-party services providers to work with us to administer and provide the Services. These third-party services providers have access to your Personal Information for the purposes of performing services on our behalf (e.g., payment processing, customer service activities, IT and website-related services such as web hosting (including Amazon Web Services)).

We may share your Personal Information and any necessary payment information, such as credit card number, expiration date and billing address, with our payment processing services providers to complete and manage transactions that are initiated through the Services. When you make a purchase within the Services, we never receive or store your full credit card information. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their privacy policies. These payment processors adhere to the standards set by the Payment Card Industry Data Security Standard (PCI-DSS) and using industry standard security. PCI-DSS requirements help ensure the secure handling of payment information. The payment processors we work with are:

In accordance with applicable law, we may also share your Personal Information with our email service providers (e.g., Mailchimp) to help us communicate account and Service information and better market our products and services to you. These service providers may use your Personal Information only for the purpose of helping us to provide relevant products and services information to you and are expressly obligated not to disclose your Personal Information to others for their own purposes. If you don’t want us to use your Personal Information for marketing purposes, you can contact us at legal@production.pro.

Information Shared with Third Parties. We may share aggregated data we collect from the use of the Services, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Services, market trends and other analysis that we create based on the information we receive from you and other users.

Sharing Content. We may offer Services with various tools and functionalities that allow you to share Personal Information. For example, we may allow you to provide Personal Information about your friends or colleagues through our referral services. Email addresses that you may provide for a friend or colleague will be used to send the content or link you request, but will not be collected or otherwise used by us or any other third parties for any other purpose.

Information Shared with Analytics, Social Media and Other Providers. We may use third party service providers for analytics, advertising and other purposes, including:

Analytics Services. We use Google Analytics and related services provided by Google, Inc. (“Google”) and other vendors to gather information about how users engage with our website and Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data through Google Analytics generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.

Intercom Services. We provide a limited amount of your Personal Information (such as your email address and sign-up date) to Intercom, Inc. (“Intercom”) and utilize Intercom to collect data for analytics purposes when you visit our website or use our Services. Intercom analyzes your use of our Services and tracks our relationship by way of cookies and similar technologies so that we can improve our Services to you. For more information on Intercom’s use of cookies, please visit https://www.intercom.com/terms-and-policies#cookie-policy. We may also use Intercom as a medium for communications, either through email, or through messages within our Services such as a chatbot. For more information on the privacy practices of Intercom, please visit https://www.intercom.com/terms-and-policies#privacy. Intercom’s services are governed by Intercom’s terms of use which can be found at https://www.intercom.com/terms-and-policies#terms.

Social Media Sites, APIs and SDKs. We may use certain tools offered by companies such as Facebook, Instagram, Twitter and LinkedIn that enable those companies to collect or receive information about actions users take on our Services and elsewhere on the Internet through use of Cookies, Web Beacons and other storage technologies to provide measurement services, targeted ads and other services. For more information regarding the collection and use of such information, please see the privacy policies of those third parties. We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including advertising partners to collect your Personal Information to provide content that is more relevant to you.  For more information about our use of APIs and SDKs, please contact us as set forth below.

Interest-Based Advertising and Third-Party Marketing. Through our Services, we may allow third party advertising partners to set technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). We may also combine and share such information and other information (such as demographic information and past purchase history) with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.” We may allow access to other data collected by the Services to share information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer not to share your Personal Information with third party advertising partners, you may follow the instructions below.

Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including Personal Information, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your Personal Information, may be disclosed or transferred to a third party acquirer in connection with the transaction.

Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.

Your Rights and Choices

We offer you choices regarding the collection, use and sharing of your Personal Information, and we’ll respect the choices you make. Please note that if you decide not to provide us with the Personal Information that we request, you may not be able to access all of the features of the Services.

Communication Preferences. We may send you push notifications through our Services. You may at any time update your preferences for receiving these types of communications by changing the settings on your device. When permitted under applicable law, we may periodically send you free newsletters and e-mails that directly promote our Services. When you receive such promotional communications from us, you will have the opportunity to change your preferences by following the unsubscribe instructions provided in the e-mail you receive. However, we do need to send you certain communications regarding the Services, and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Service or this Privacy Policy or information about billing.

Cookies and Interest-Based Advertising. You may stop or restrict the placement of technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices. To separately make choices for mobile apps on a mobile device, you can download DAA’s AppChoices application from your device’s app store. Alternatively, for some devices you may use your device’s platform controls in your settings to exercise choice.

Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.

In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your Personal Information; (ii) obtain access to or a copy of your Personal Information; (iii) receive an electronic copy of Personal Information that you have provided to us, or ask us to send that information to another company; (iv) restrict our uses of your Personal Information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly Processed Personal Information; and (vi) request erasure of Personal Information held about you by us, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us as set forth below.

Rights of Access, Rectification, Erasure, and Restriction. In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your Personal Information; (ii) obtain access to or a copy of your Personal Information; (iii) receive an electronic copy of Personal Information that you have provided to us, or ask us to send that information to another company; (iv) restrict our uses of your Personal Information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly Processed Personal Information; and (vi) request erasure of Personal Information held about you by us, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us as set forth below.

Where you have consented to the processing of your Personal Information, you may withdraw that consent at any time and prevent further processing by contacting us as described below.

We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.

Responding to Do Not Track Signals. Your web browser may have a “do not track” setting which, when enabled, causes your browser to send a do not track HTTP header file or “signal” to each site you visit. At present, we do not respond to “Do Not Track” signals received from various web browsers.

Data Retention. We retain the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

The Security of Your Personal Information

We take reasonable administrative, physical and electronic measures designed to protect the Personal Information that we collect from or about you from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.  Therefore, while certain of our features employ enhanced security measures, you agree that you are solely responsible for taking appropriate measures, including to protect your Production Content and other data and to keep backup copies of all your Production Content and other data. We have no responsibility or liability for deletion, corruption or other damage to or loss of your Production Content or other data that you submit through the Services.

Links to Other Sites

Our Services may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). Any information that you provide on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy policy. We’re not responsible for the content, privacy or security practices and policies of any Third-party Service. To protect your Personal Information, we recommend that you carefully review the privacy policies of all Third-party Services that you access.

International Transfer

By accessing the Services, your data will be transferred to or stored in the United States and in other countries.  Your Personal Information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your Personal Information to us, we may transfer your Personal Information to the United States and process it there.

Our Policy Toward Children

Our Services are not directed to children under 13 (or other age under applicable law), and we do not knowingly collect Personal Information from children under 13, unless we have their parents’ verified consent. If we learn that we have collected the Personal Information of a child under 13 and do not have their parents’ verified consent, we will take steps to obtain their parents’ verified consent, or delete such information from our files as soon as possible.

California Shine the Light Law

California law permits users, who are California residents, to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. Except as otherwise provided in this Privacy Policy, we do not share Personal Information with third parties for their own marketing purposes.

Supervisory Authority

If you are located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your Personal Information violates applicable law.

Processing Your Personal Information

If you are located in the European Economic Area, our legal basis for collecting and using your Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.  Generally, we rely on performance of a contract because we need to process your Personal Information under the terms of our agreement with you in order to provide you with the Services. We also rely on our legitimate interests to collect Personal Information from you, except where such interests are overridden by your data protection interests or fundamental rights and freedoms.  Where we rely on our legitimate interests to process your Personal Information, they include the interests described above.

In some cases, we may rely on your consent or have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another person.  If we rely on consent to collect and/or process your Personal Information, we will obtain such consent in compliance with applicable laws.

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us as described below.

Questions?

Please contact us at legal@production.pro or 175 Pearl St, Floors 1-3, Brooklyn, NY 11201 if you have any questions about our Privacy Policy.

DMCA Policy

PRODUCTIONPRO DMCA POLICY

Last Updated: May 14, 2018

ProductionPro Technologies Inc. (“ProductionPro”) respects the intellectual property rights of others and expects its users to do the same.

It is ProductionPro’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, ProductionPro will respond expeditiously to claims of copyright infringement committed using the ProductionPro website or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to ProductionPro’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to ProductionPro’s Designated Copyright Agent. Upon receipt of the Notice as described below, ProductionPro will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to ProductionPro’s Designated Copyright Agent:

Copyright Agent
c/o ProductionPro Technologies Inc.
175 Pearl St, Floors 1-3, Brooklyn, NY 11201
legal@production.pro

Data Processing Addendum

DATA PROCESSING ADDENDUM

Last Updated: December 8, 2025

This Data Processing Addendum (including its Exhibits) (“DPA”) forms part of, and is incorporated into: (i) the ProductionPro Terms of Service available at https://production.pro/terms, or (ii) any other written agreement between ProductionPro Technologies, Inc. (“Service Provider”) and the entity that has entered into such agreement (the “Customer”) (the “Agreement”).

By accessing or using the Services after this DPA becomes effective, Customer agrees to the terms of this DPA, which forms part of the Agreement.

  1. Subject Matter and Duration.
    1. Subject Matter. This DPA reflects the parties’ commitment to abide by Data Protection Laws concerning the Processing of Customer Personal Data in connection with Service Provider’s performance of the Agreement. All capitalized terms that are not expressly defined in this DPA will have the meanings given to them in the Agreement. If and to the extent language in this DPA or any of its Exhibits conflicts with the Agreement, this DPA shall control.
    2. Duration and Survival. This DPA becomes legally binding upon the earlier of: (i) the effective date of the Agreement; or (ii) Customer’s first use of the Services after this DPA becomes effective. Service Provider will Process Customer Personal Data until the relationship terminates as specified in the Agreement.
  2. Definitions.
    For the purposes of this DPA, the following terms and those defined within the body of this DPA apply. Terms defined in the Agreement apply here unless otherwise stated.

    • “Customer Personal Data” means Personal Data Processed by Service Provider on behalf of Customer.
    • “Data Protection Laws” means the applicable data privacy, data protection, and cybersecurity laws, rules and regulations to which the Customer Personal Data are subject. “Data Protection Laws” may include, but are not limited to, the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (collectively, “CCPA”); the EU General Data Protection Regulation 2016/679 (“GDPR”) and its respective national implementing legislations; the Swiss Federal Act on Data Protection; the United Kingdom General Data Protection Regulation; the United Kingdom Data Protection Act 2018; and any similar U.S. state privacy laws, in each case as amended, adopted, or superseded from time to time.
    • “Personal Data” has the meaning assigned to the term “personal data” or “personal information” under applicable Data Protection Laws.
    • “Process” or “Processing” means any operation or set of operations which is performed on Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.
    • “Security Incident” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Personal Data attributable to Service Provider.
    • “Services” means the services that Service Provider performs under the Agreement.
    • “Subprocessor(s)” means Service Provider’s authorized vendors and third party service providers that Process Customer Personal Data.
  3. Processing Terms for Customer Personal Data.
    1. Documented Instructions. Service Provider shall Process Customer Personal Data to provide the Services in accordance with the Agreement, this DPA, any applicable Statement of Work, and any instructions agreed upon by the parties. Service Provider will, unless legally prohibited from doing so, inform Customer in writing if it reasonably believes that there is a conflict between Customer’s instructions and applicable law or otherwise seeks to Process Customer Personal Data in a manner that is inconsistent with Customer’s instructions.
    2. Account Administration. Service Provider may Process Customer Personal Data as necessary to manage user accounts, authenticate access, provide support, and deliver essential service-related communications.
    3. No End-User Relationship; No Joint Controller Status. Although end-users may create accounts or interact directly with the Services, the parties acknowledge that Service Provider acts solely as a Processor on behalf of Customer with respect to Customer Personal Data and does not act as a joint controller with Customer. Customer is solely responsible for providing all required notices and obtaining all necessary consents and rights for the Processing of Customer Personal Data.
    4. Authorization to Use Subprocessors. To the extent necessary to fulfill Service Provider’s obligations under the Agreement, Customer hereby authorizes Service Provider to engage Subprocessors. Service Provider maintains a current list of its Subprocessors on its website (“Subprocessor List”). Service Provider will notify Customer of any intended new Subprocessor by updating the Subprocessor List. Customer may subscribe to receive email notifications of such updates by contacting Service Provider at privacy@production.pro with the subject line “Subscribe to Subprocessor Updates”. Service Provider may update the Subprocessor List from time to time in accordance with this DPA.
    5. Service Provider and Subprocessor Compliance. Service Provider shall (i) enter into a written agreement with Subprocessors regarding such Subprocessors’ Processing of Customer Personal Data that imposes on such Subprocessors data protection requirements for Customer Personal Data that are consistent with this DPA; and (ii) remain responsible to Customer for Service Provider’s Subprocessors’ failure to perform their obligations with respect to the Processing of Customer Personal Data.
    6. Right to Object to Subprocessors. Where required by Data Protection Laws, and after updating the Subprocessor List as described above, Service Provider will provide Customer at least ten (10) days to object to the engagement of any new Subprocessor. Customers who have subscribed to receive Subprocessor notifications by email will receive such notice directly via email. If Customer has legitimate, good-faith objections to the appointment of any new Subprocessor, the parties will work together in good faith to resolve the grounds for the objection.
    7. Confidentiality. Any person authorized to Process Customer Personal Data must contractually agree to maintain the confidentiality of such information or be under an appropriate statutory obligation of confidentiality.
    8. Personal Data Inquiries and Requests. Where required by Data Protection Laws, Service Provider agrees to provide reasonable assistance and comply with reasonable instructions from Customer related to any requests from individuals exercising their rights in Customer Personal Data granted to them under Data Protection Laws.
    9. Customer Responsibility for Identity Verification. Customer is solely responsible for verifying the identity of any individual submitting a request under Data Protection Laws before directing Service Provider to assist with or act upon such request.
    10. Sale and Use of Customer Personal Data Prohibited. Service Provider shall not (i) sell Customer Personal Data, (ii) share Customer Personal Data for cross-context behavioral advertising, or (iii) use Customer Personal Data for targeted advertising or profiling, as such terms are defined under applicable Data Protection Laws. Service Provider further certifies that it understands, and will comply with, the restrictions on Service Providers under the CCPA. Service Provider shall not retain, use, or disclose Customer Personal Data for any purpose other than (i) performing the Services and its obligations under the Agreement, or (ii) as otherwise permitted for service providers under the CCPA, including to detect Security Incidents or protect against fraudulent or illegal activity. Service Provider shall not combine Customer Personal Data with personal information it receives from other sources, except as permitted for service providers under the CCPA.
    11. Data Protection Impact Assessment and Prior Consultation. Where required by Data Protection Laws, Service Provider agrees to provide reasonable assistance at Customer’s expense to Customer where, in Customer’s judgement, Customer determines that the Processing requires a data protection impact assessment and/or prior consultation with the relevant data protection authorities.
    12. Demonstrable Compliance. Service Provider agrees to provide information reasonably necessary to demonstrate compliance with this DPA upon Customer’s request.
    13. Service Optimization. Where permitted by Data Protection Laws, Service Provider may Process Customer Personal Data: (i) for its internal uses to maintain, secure, and improve the quality, safety, and performance of the Services (including product analytics that do not result in any disclosure of Customer Personal Data to other customers); (ii) to detect Security Incidents; and (iii) to protect against fraudulent or illegal activity.
    14. Aggregation and De-Identification. Service Provider may: (i) compile aggregated and/or de-identified information in connection with providing the Services provided that such information cannot reasonably be used to identify Customer or any data subject to whom Customer Personal Data relates (“Aggregated and/or De-Identified Data”); and (ii) use Aggregated and/or De-Identified Data for its lawful business purposes.
  4. Information Security Program.
    1. Security Measures. Service Provider shall use commercially reasonable efforts to implement and maintain appropriate administrative, technical, and physical safeguards to protect Customer Personal Data, including: (i) encryption in transit and at rest, (ii) access controls for authorized personnel, (iii) logging and monitoring of access to production systems, (iv) vulnerability management, and (v) an incident response process. These measures may be updated from time to time provided they do not materially reduce the overall level of protection.
    2. Security Incidents. Upon becoming aware of a Security Incident, Service Provider agrees to provide written notice without undue delay and within the time frame required under Data Protection Laws to Customer’s Designated POC (as defined in the Contact Information section). Where possible, such notice will include all available details required under Data Protection Laws for Customer to comply with its own notification obligations to regulatory authorities or individuals affected by the Security Incident.
  5. Cross-Border Transfers of Customer Personal Data.
    1. International Transfers Authorization. Customer authorizes Service Provider and its Subprocessors to transfer Customer Personal Data across international borders, including from the European Economic Area (“EEA”), Switzerland, and the United Kingdom (“UK”) to countries where such transfers are permitted under applicable Data Protection Laws.
    2. European Union Standard Contractual Clauses (“SCCs”). Where Customer Personal Data originating from the EEA or Switzerland is transferred to a country that has not been recognized as providing an adequate level of protection under applicable Data Protection Laws and such transfer requires a lawful transfer mechanism, the parties agree that:
      1. Module 2 (Controller-to-Processor) of the SCCs, as approved by the European Commission in Decision (EU) 2021/914 of 4 June 2021, is incorporated by reference into this DPA;
      2. The parties’ details, description of transfer, and technical and organizational measures required by the SCCs are set out in Annex I and Annex II of this DPA;
      3. Where Customer acts as a processor on behalf of a third-party controller, the parties agree that Module 3 (Processor-to-Processor) of the SCCs applies to the extent required under applicable Data Protection Laws; and
      4. By agreeing to the Agreement or by continuing to use the Services after this DPA becomes effective, Customer and Service Provider are deemed to have signed the SCCs (including their Annexes), to the extent that the SCCs apply hereunder, as of the effective date of this DPA.
      The full text of the SCCs is available at: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj
    3. UK International Data Transfer Addendum (“UK Addendum”). For transfers of Customer Personal Data subject to UK Data Protection Laws, the parties agree that:
      1. The UK Addendum (Version B1.0, issued by the UK Information Commissioner’s Office and in force 21 March 2022) applies and is incorporated by reference into this DPA;
      2.The completed tables required by the UK Addendum are set forth in Annex III; and
      3. The parties are deemed to have signed the UK Addendum as of the effective date of this DPA.
    4. Data Privacy Framework. If Service Provider participates in the EU–U.S. Data Privacy Framework, and/or any applicable UK or Swiss extensions, such participation shall serve as an additional lawful transfer mechanism for Customer Personal Data, to the extent applicable and solely as permitted under Data Protection Laws.
    5. Swiss Addendum / FADP Alignment. Where Customer Personal Data is subject to the Swiss Federal Act on Data Protection (“FADP“), the parties agree that:
      1. References in the SCCs to “EU Member States” shall be interpreted to include Switzerland.
      2. References to “GDPR” shall be interpreted to include the FADP.
      3. The competent supervisory authority shall be the Swiss Federal Data Protection and Information Commissioner (“FDPIC“).
    6. Supplemental Measures. Service Provider shall implement appropriate technical and organizational measures that, together with this DPA and the SCCs (as applicable), ensure a level of protection for Customer Personal Data that is essentially equivalent to the requirements of applicable Data Protection Laws.
    7. Conflicts. If there is a conflict between the SCCs / UK Addendum and any other part of this DPA, the SCCs or UK Addendum shall prevail to the extent of the conflict.
  6. Audit Rights.
    Where Data Protection Laws afford Customer an audit right, Customer (or its appointed representative) may carry out an audit of Service Provider’s policies, procedures, and records relevant to the Processing of Customer Personal Data. Any audit must be: (i) conducted during Service Provider’s regular business hours; (ii) with reasonable advance notice to Service Provider; (iii) carried out in a manner that prevents unnecessary disruption to Service Provider’s operations; and (iv) subject to reasonable confidentiality procedures. In addition, any audit shall be limited to once per year, unless otherwise required by Data Protection Laws, following a confirmed Security Incident, or where an audit is carried out at the direction of a government authority having proper jurisdiction.
  7. Deletion of Customer Personal Data.
    At the expiry or termination of the Agreement, Service Provider will delete all Customer Personal Data (excluding any back-up or archival copies which shall be deleted in accordance with Service Provider’s data retention schedule), except where Service Provider is required to retain copies under applicable laws, in which case Service Provider will isolate and protect that Customer Personal Data from any further Processing except to the extent required by applicable laws.
  8. Customer’s Responsibilities.
    Customer represents and warrants that: (i) it has complied and will comply with Data Protection Laws; (ii) it has provided data subjects whose Customer Personal Data will be Processed in connection with the Agreement with a privacy notice or similar document that clearly and accurately describes Customer’s practices with respect to the Processing of Customer Personal Data; (iii) it has obtained and will obtain and continue to have, during the term, all necessary rights, lawful bases, authorizations, consents, and licenses for the Processing of Customer Personal Data as contemplated by the Agreement; and (iv) Service Provider’s Processing of Customer Personal Data in accordance with the Agreement will not violate Data Protection Laws or cause a breach of any agreement or obligations between Customer and any third party.
  9. Processing Details.
    1. Subject Matter. The subject matter of the Processing is the Services pursuant to the Agreement.
    2. Duration. The Processing will continue until the expiration or termination of the Agreement.
    3. Categories of Data Subjects. Data subjects whose Customer Personal Data will be Processed pursuant to the Agreement.
    4. Nature and Purpose of the Processing. The purpose of the Processing of Customer Personal Data by Service Provider is the performance of the Services.
    5. Types of Customer Personal Data. Customer Personal Data Processed pursuant to the Agreement.
  10. Limitation of Liability.
    To the maximum extent permitted by law, the limitations of liability set forth in the Agreement apply to this DPA and all Processing of Customer Personal Data under it.
  11. Contact Information.
    Customer and Service Provider agree to designate a point of contact for urgent privacy and security issues (a “Designated POC”).

    • Customer Designated POC: The individual identified by Customer within its account settings or as otherwise communicated to Service Provider.
    • Service Provider Designated POC: privacy@production.pro

 

ANNEX I – DESCRIPTION OF PROCESSING

A. Parties
Data Exporter: Customer
Role: Controller
Address / Contact: As provided by Customer within its account or Agreement.
Data Importer: ProductionPro Technologies, Inc. (“Service Provider”)
Role: Processor
Address: As set forth in the Agreement
Contact: privacy@production.pro
B. Description of Transfer
Categories of Data Subjects
  • Customer’s end users (e.g., cast, crew, educators, students)
  • Individuals whose Personal Data is contained in content uploaded by Customer
Categories of Personal Data
  • Identification data (e.g., name, email address)
  • Platform usage data
  • Any Customer Personal Data processed through the Services
Special Categories of Data
  • None expected. Service Provider does not require or intentionally process special category data.
Purpose of Processing
  • Performance of the Services as described in the Agreement
Nature of Processing
  • Hosting, storage, transmission, organization, and other operations necessary to provide the Services
Retention Period
  • As set forth in the Deletion of Customer Personal Data section
Frequency of Transfers
  • Continuous
C. Competent Supervisory Authority
For transfers subject to EU GDPR, the competent supervisory authority shall be the Irish Data Protection Commission (DPC), unless otherwise required by the SCCs.

 

ANNEX II – TECHNICAL AND ORGANIZATIONAL MEASURES

Service Provider implements and maintains the technical and organizational measures described in the Information Security Program section of the DPA, which include, at a minimum:
  • encryption in transit and at rest,
  • access controls for authorized personnel,
  • logging and monitoring of access to production systems,
  • vulnerability management, and
  • an incident response process.
These measures apply as required under the SCCs and UK Addendum.

 

ANNEX III – UK ADDENDUM COMPLETION TABLES

Table 1: Parties
  • Exporter: Customer
  • Importer: Service Provider
  • Key Contacts:
    • Customer: As provided in Customer’s account
    • Service Provider: privacy@production.pro
Table 2: Selected SCCs
  • Module 2 (Controller → Processor)
  • Standard Contractual Clauses (EU Commission Decision 2021/914)
Table 3: Appendix Information
  • Annex I and II above apply.
Table 4: Ending the UK Addendum
  • Importer may end the UK Addendum as set out in Section 19 of the UK Addendum.

Subprocessors

SUBPROCESSORS

Last Updated: December 8, 2025

ProductionPro uses certain third-party service providers (“Subprocessors”) to support the delivery of our Services. These Subprocessors may process Customer Personal Data on our behalf.
We maintain this page to provide transparency regarding the vendors we rely on. We will update this list as required by our Data Processing Addendum.
Current Subprocessors
Subprocessor Purpose Location
Amazon Web Services (AWS) Cloud hosting & infrastructure United States
Google Cloud Platform (GCP) Cloud hosting & infrastructure United States
Google Workspace Productivity, email & collaboration tools United States
Amplitude Product analytics United States
Intercom User support & messaging United States
Bugsnag Application error & stability monitoring United States
Appcues In-app onboarding & product tours United States
AskNicely Customer feedback surveys United States
Mailchimp (incl. Mandrill) Marketing communications & transactional email delivery United States
Bitmovin Content encoding & video processing United States
Slack Internal communication & collaboration United States
HubSpot Customer relationship management United States
How We Select and Manage Subprocessors
ProductionPro conducts security and privacy reviews of all Subprocessors before engagement and requires each Subprocessor to enter into data protection terms that meet or exceed the requirements of our DPA. We also monitor Subprocessors on an ongoing basis to ensure they continue to meet our security and compliance standards.
How do I subscribe to new Subprocessor notifications?
Customers may sign up to receive notifications of new Subprocessors by emailing privacy@production.pro with the subject line “Subscribe to Subprocessor Updates.”
Once subscribed, ProductionPro will provide notice before authorizing any new Subprocessor to process Customer Personal Data, allowing Customers ten (10) days to submit a legitimate, good-faith objection in accordance with our Data Processing Addendum.