Terms of Service

1. Service Description

The Platform provides cloud-based tools for attendance tracking, lease management, revenue calculations, invoice generation, payment processing, and reporting. The Platform facilitates user-to-user business relationships and processes payments via third-party payment services.

SERVICE IS PROVIDED "AS AVAILABLE" WITHOUT GUARANTEE OF UNINTERRUPTED OR ERROR-FREE OPERATION.

2. Your Privacy & Data Protection

Our Privacy Policy describes our data practices. By using the Platform, you consent to these practices.

Security: We implement encryption, access controls, security audits, and secure data centers. However, no system is completely secure.

Data Retention: After account termination, User Content is deleted within 90 days; audit logs retained for 7 years; anonymized data retained indefinitely.

3. Accounts & Security

You must provide accurate registration information and maintain account security. You are responsible for all activity under your account. You may not share credentials, create multiple accounts without authorization, or transfer your account without consent.

We may suspend or terminate accounts that violate these Terms, pose security risks, engage in fraudulent activity, or remain inactive for 12+ months.

4. Subscription & Billing

Subscription Plans: The Platform is available through subscription plans at monthly or annual billing frequencies.

Free Trial: We may offer free trial periods with full Platform access. Credit card required for trial sign-up.

Payment Terms: Subscriptions auto-renew unless canceled before renewal date. No refunds for partial billing periods. When you cancel, your subscription and access continue until the end of your current billing cycle.

Failed Payments: If payment fails, we will retry up to 3 times over 10 days. Account suspended after failed retry attempts; terminated after 30 days of non-payment.

Price Changes: We may change subscription prices with 30 days advance notice.

5. Multi-Party Platform Neutrality

CRITICAL DISCLAIMER: THE PLATFORM IS NOT A PARTY TO AGREEMENTS BETWEEN USERS. We provide infrastructure only. All leases and business arrangements are between users.

WE DO NOT ARBITRATE, MEDIATE, OR RESOLVE DISPUTES BETWEEN USERS. You must resolve disputes directly with other users or through appropriate legal channels.

6. Electronic Signatures & E-SIGN Consent

By using amendment approval and lease creation features, you consent to conduct transactions electronically. Electronic signatures are legally binding and enforceable.

Each electronic signature is authenticated through account credentials, email verification, IP logging, timestamps, and audit logs.

7. Financial Calculations - Critical Disclaimers

THE PLATFORM PERFORMS FINANCIAL CALCULATIONS BASED ON USER-ENTERED DATA. WE MAKE NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR CORRECTNESS OF ANY CALCULATIONS.

YOU ACKNOWLEDGE AND AGREE THAT:

ALL CALCULATIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY
YOU MUST INDEPENDENTLY VERIFY ALL FINANCIAL CALCULATIONS
THE PLATFORM DOES NOT PROVIDE ACCOUNTING, TAX, OR FINANCIAL ADVICE
YOU ASSUME ALL RISK FOR CALCULATION ERRORS
WE ARE NOT LIABLE FOR DAMAGES FROM CALCULATION ERRORS

8. Data Ownership & Licensing

You Own Your Content. You retain ownership of all User Content.

License to Us: You grant us a license to use your User Content for providing services, generating analytics, creating anonymized data, and complying with legal obligations.

Platform Ownership: The Platform, including all software, algorithms, designs, and documentation, is our exclusive property.

9. User Obligations & Prohibited Conduct

You Must:

Provide accurate information
Comply with all applicable laws
Maintain account security
Pay subscription fees when due

You May Not:

Use the Platform for illegal purposes
Upload viruses or malicious code
Attempt unauthorized access
Reverse engineer or decompile software
Submit false or misleading data

10. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING:

IMPLIED WARRANTIES OF MERCHANTABILITY
IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION
WARRANTIES OF CALCULATION OR DATA ACCURACY

11. Limitation of Liability

EXCLUSION OF DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

CAP ON DAMAGES: OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU DURING THE 12 MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

12. Indemnification

You agree to indemnify and hold harmless CineMetrics from all claims arising from your use of the Platform, your User Content, or your violation of these Terms.

13. Term & Termination

You May Terminate: At any time by canceling your subscription. No refunds for unused time.

We May Terminate: Immediately if you breach these Terms, fail to pay fees, or engage in fraudulent activity.

Effect of Termination: Access ceases immediately. You may export User Content within 30 days.

14. Dispute Resolution & Arbitration

Informal Resolution: Before formal proceedings, attempt good faith negotiation by contacting legal@cinemetrics.live.

BINDING ARBITRATION: IF INFORMAL RESOLUTION FAILS, ANY DISPUTE SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION.

CLASS ACTION WAIVER: CLAIMS MAY ONLY BE BROUGHT IN INDIVIDUAL CAPACITY, NOT AS CLASS MEMBER.

Governing Law: Nevada law. Venue in Las Vegas, Nevada.

15. General Provisions

Entire Agreement: These Terms constitute the entire agreement.
Severability: Invalid provisions will be modified to minimum extent necessary.
Assignment: You may not assign without consent; we may assign without restriction.
Force Majeure: Neither party liable for circumstances beyond reasonable control.

16. Acceptance & Binding Agreement

BY CREATING AN ACCOUNT, CLICKING "ACCEPT," OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

The Platform is for business use only. You must be 18+ and have legal capacity to contract.