Terms of Service

The Service is intended for businesses and the individuals who administer them. You must be at least 18 years old and have the authority to bind the business you represent. If you are using the Service on behalf of a company, you represent and warrant that you have full authority to bind that company to these Terms.

Account authentication is provided through our identity vendor. You are responsible for safeguarding your credentials and for all activities under your account. Notify us immediately at security@thinkdefinecreate.com of any unauthorized use.

• Paid plans are billed monthly in advance through our payments vendor. Plan pricing is shown on the pricing page at the time of purchase.
• You may upgrade, downgrade, or cancel from inside the Service at any time. Cancellations take effect at the end of your then-current billing period; we do not pro-rate refunds for partial months except where required by applicable law.
• Submission limits are per calendar month and reset at the start of each billing cycle. We may pause acceptance of new submissions if you exceed your plan’s limits.
• Taxes are your responsibility unless we are required by law to collect them.

ReelPerk lets local businesses collect short video testimonials from their customers in exchange for a perk delivered by SMS. The Service provides:

• Customer-facing capture pages reached via QR code or kiosk URL;
• A dashboard for reviewing and approving submitted videos;
• Automated SMS perk delivery to customers you approve;
• Download and caption generation for approved videos;
• Aggregate analytics on submissions, approvals, and deliveries.

We may update, change, suspend, or discontinue features of the Service from time to time. We will use commercially reasonable efforts to notify you of material changes that adversely affect paid features.

“Customer Content” means any video, audio, name, phone number, message, or other material that your customers submit through your ReelPerk capture page.

As a condition of using the Service, you represent and warrant that:

• You have obtained, at the moment of capture, the customer’s informed consent to record, store, transmit, and use the Customer Content for the purposes you select inside ReelPerk (including public sharing, if you approve and publish);
• You have a lawful basis to collect the customer’s phone number and to send them an automated SMS containing the perk you promised;
• The Customer Content does not infringe any third-party right and does not violate any law, contract, or platform policy.

You retain all rights, title, and interest in the Customer Content. You grant us a limited, worldwide, royalty-free license to host, process, copy, transcode, transmit, and display the Customer Content solely to the extent necessary to provide the Service to you. We do not use Customer Content to train machine-learning models for other customers, and we do not sell Customer Content to third parties.

When you approve a submission, the Service sends an SMS to the phone number the customer provided. You acknowledge that:

• You are the “message sender” for purposes of US carrier and TCPA compliance. The customer’s consent recorded at submission time is the legal basis for the SMS.
• For US sending, you are responsible for registering a 10DLC brand and campaign through the Service or directly with our SMS vendor. We provide tooling and guidance; we do not waive your underlying obligation.
• We will honor STOP/UNSUBSCRIBE replies automatically and will not send further messages to a suppressed number, including across future campaigns.
• You will not use the Service to send marketing or solicitation messages outside the perk-delivery context. The Service is not a general-purpose SMS marketing platform.

You agree that you will not:

• Use the Service to collect content from minors under 13 (or 16 in jurisdictions that require it) without verifiable parental consent;
• Publish or share Customer Content that you have not approved through the dashboard;
• Use the Service to defame, harass, threaten, or impersonate any person;
• Coerce, deceive, or condition the perk on a positive review;
• Submit content that is sexual, violent, hateful, or otherwise unlawful;
• Probe, scan, or test the vulnerability of the Service, except as part of an authorized security disclosure;
• Reverse-engineer, scrape, or use automated means to extract data from the Service in bulk.

The Service, including all software, design, documentation, and marketing materials we provide, is owned by ReelPerk and protected by intellectual-property laws. We grant you a non-exclusive, non-transferable, revocable license to use the Service during the term of your subscription, solely for your internal business purposes.

You may stop using the Service at any time by cancelling your subscription. We may suspend or terminate your access if you breach these Terms, fail to pay fees when due, or use the Service in a way that creates legal or operational risk for us or our vendors.

Upon termination, your right to access the Service ends. Approved videos remain downloadable for 30 days after termination; we may then delete account data.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT SMS DELIVERY WILL SUCCEED ON ANY PARTICULAR ATTEMPT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUE. EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (a) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (b) ONE HUNDRED US DOLLARS ($100).

You will defend, indemnify, and hold harmless ReelPerk, its affiliates, and their respective officers, directors, employees, and agents from any third-party claim arising out of or related to: (a) your Customer Content; (b) your use of the Service in violation of these Terms; (c) your SMS sending or messaging practices; or (d) any misrepresentation about customer consent.

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. The exclusive jurisdiction and venue for any dispute arising under or related to these Terms will be the state and federal courts located in Delaware. Each party waives any objection to such jurisdiction or venue.

We may update these Terms from time to time. If we make material changes, we will provide notice (such as by email or in-product notification) at least 14 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

Questions about these Terms? Email legal@thinkdefinecreate.com.

THINK DEFINE CREATE LLC
Operated under the trade name “ReelPerk.”