Terms of Use

Section 1 — Acceptable Use

You may use the Service only for lawful, authorized, internal evaluation and planning purposes. You may not:

1. reverse engineer, decompile, disassemble, copy, modify, or attempt to derive the source code, models, prompts, formulas, workflows, datasets, scoring logic, or decision logic of the Service;
2. scrape, crawl, harvest, mine, bulk download, or use bots, scripts, browser automation, or other automated extraction methods except through written TFS-approved interfaces;
3. use Service outputs, estimates, reports, screenshots, datasets, workflows, or documentation to build, train, benchmark, validate, improve, or operate a competing product or service;
4. export, cache, reproduce, redistribute, resell, sublicense, or systematically compile Service content or outputs outside the usage limits of your account;
5. impersonate another person or entity, misrepresent your affiliation or authority, share credentials, evade access controls, create abusive trial accounts, or conceal the identity of the actual user;
6. interfere with the Service, probe or test vulnerabilities, bypass security or rate limits, upload malicious code, or use the Service in a way that degrades TFS systems;
7. violate applicable law, third-party rights, privacy obligations, confidentiality duties, or intellectual-property rights.

Any violation of this Section is a material breach of these Terms.

Section 2 — Account Acceptance

By checking an acceptance box, clicking "Create Account," "Start Trial," "Subscribe," "Continue," "I Agree," or similar button, or by accessing the Service after being presented with these Terms, you enter into a binding agreement with TFS.

If you use the Service for a company, production, agency, or other organization, you represent that you have authority to bind that organization. If you do not have that authority, you may use the Service only in your individual capacity.

You agree that electronic records, electronic signatures, clickwrap acceptance, and account activity may be used to establish your acceptance of these Terms.

You are responsible for keeping account information accurate and credentials secure. You are responsible for all activity under your account unless caused by TFS's failure to maintain commercially reasonable security.

If you purchase a paid subscription, the price, billing period, renewal terms, trial terms, and cancellation method shown at checkout are incorporated into these Terms. Unless the checkout page states otherwise, subscriptions renew automatically until canceled. You authorize TFS or its payment processor to charge your payment method on a recurring basis. You may cancel through your account settings or another cancellation method provided by TFS. Cancellation takes effect at the end of the then-current paid period unless required otherwise by law or stated in writing by TFS.

Section 3 — Intellectual Property

TFS owns the Service, including its software, interface, workflows, databases, templates, copy, reports, estimate formats, compiled content, scoring systems, branding, logos, trade dress, documentation, and all related intellectual property, excluding User Content.

Subject to these Terms, TFS grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service and its outputs for your own internal, personal, or business evaluation purposes within your subscription limits.

You retain ownership of information you submit to the Service ("User Content"). You grant TFS a limited license to host, process, transmit, display, and use User Content as needed to operate, secure, support, and improve the Service and generate outputs for your account.

No rights are granted by implication. You may not use TFS names, marks, logos, branding, content, or outputs in a way that suggests endorsement, partnership, or authorization without written permission.

Section 4 — Watermarking and Provenance

TFS may embed visible or non-visible provenance information, account identifiers, transaction identifiers, usage metadata, digital watermarking, or similar signals in Service pages, exports, files, reports, screenshots, and outputs.

You may not remove, alter, obscure, falsify, disable, strip, or tamper with any watermark, provenance signal, metadata, attribution, or tracking mechanism. Tampering with these signals is a material breach of these Terms and may be used as evidence of unauthorized use, misuse, copying, or redistribution.

Section 5 — Termination

TFS may suspend, restrict, or terminate your access immediately, with or without notice, if TFS reasonably believes that you breached these Terms, created legal risk, compromised security, misused the Service, failed to pay amounts due, or used the Service in a way that harms TFS, users, partners, or third parties.

Upon termination, your license to use the Service ends immediately. You must stop using TFS content, outputs, exports, and documentation except to the extent TFS has expressly allowed continued internal retention in writing.

TFS reserves all legal and equitable remedies for breach, including injunctive relief, damages, recovery of fees and costs where available, preservation of evidence, technical access restrictions, and referral of unlawful conduct to appropriate authorities.

Section 6 — Disclaimer

The Service may provide incentive estimates, eligibility indicators, production-planning information, program summaries, timing assumptions, cost comparisons, and related outputs. These outputs are informational only.

TFS does not provide legal, tax, accounting, financial, investment, procurement, government-relations, or professional production advice. Outputs are not guarantees of eligibility, award amount, approval, payment, timing, compliance, or government action.

Incentive programs, agency interpretations, budgets, rules, forms, deadlines, and approval criteria may change. You are responsible for independently verifying all information and consulting qualified legal, tax, accounting, and production professionals before relying on any output.

The Service is provided on an "as is" and "as available" basis to the maximum extent permitted by law.

Section 7 — Governing Law; Venue

These Terms and any dispute arising from or relating to the Service are governed by the laws of the State of Texas, without regard to conflict-of-law rules. The Federal Arbitration Act governs the interpretation and enforcement of Section 8.

Except for disputes subject to arbitration, small-claims matters, or requests for injunctive relief, the exclusive venue for any court proceeding will be the state or federal courts located in Travis County, Texas, and each party consents to personal jurisdiction there.

Section 8 — Arbitration; Class Action Waiver

Please read this section carefully. It requires most disputes to be resolved by individual arbitration and limits class, collective, or representative actions.

Before filing arbitration, either party must give written notice of the dispute and allow 30 days for good-faith informal resolution. If the dispute is not resolved, it will be resolved by binding individual arbitration administered by the American Arbitration Association. Consumer users will use the AAA Consumer Arbitration Rules; business users will use the AAA Commercial Arbitration Rules.

The arbitration will be conducted by one arbitrator. The seat of arbitration will be Travis County, Texas, but hearings may be conducted remotely unless the arbitrator requires otherwise. Either party may bring an individual claim in small claims court if the claim qualifies.

Nothing in this Section prevents either party from seeking temporary or preliminary injunctive relief in court for unauthorized access, misuse of the Service, intellectual-property misuse, confidentiality breaches, or security threats.

The parties may bring claims only in their individual capacities. No arbitration or court proceeding may be brought as a class, collective, consolidated, private attorney general, or representative action. If this class-action waiver is found unenforceable for a claim, that claim must proceed in court, not arbitration.

You may opt out of this arbitration section within 30 days after first accepting these Terms by emailing legal@texasfilmscene.com with your name, account email, and a statement that you opt out of arbitration.

Section 9 — Limitation of Liability

To the maximum extent permitted by law, TFS and its owners, officers, employees, contractors, service providers, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, lost data, production delays, failed financing, denied incentives, tax consequences, legal consequences, or substitute services.

To the maximum extent permitted by law, TFS's total liability for all claims relating to the Service or these Terms will not exceed the greater of: (a) the amounts you paid TFS for the Service in the 12 months before the event giving rise to liability; or (b) $100.

These limits do not apply to liability that cannot legally be limited, including liability for fraud, willful misconduct, or gross negligence where applicable law prohibits limitation.

Section 10 — Indemnity

You will defend, indemnify, and hold harmless TFS and its owners, officers, employees, contractors, service providers, and affiliates from claims, losses, liabilities, damages, penalties, costs, and expenses, including reasonable attorneys' fees, arising from or relating to: your User Content; your breach of these Terms; your misuse of the Service; your violation of law or third-party rights; your prohibited extraction, copying, or competitive use of the Service; or your use of Service outputs in tax, legal, financing, government, procurement, or production decisions.

If you use the Service on behalf of an organization, that organization is responsible for this indemnity. TFS may control the defense of any indemnified claim, and you may not settle a claim in a way that imposes obligations on TFS without TFS's written consent.

Section 11 — Severability

If any part of these Terms is found invalid or unenforceable, that part will be modified to the minimum extent necessary to make it enforceable. If modification is not possible, the invalid part will be severed, and the remaining Terms will remain in effect.

If any part of the arbitration or class-action waiver language is found unenforceable for a particular claim, only that claim will be severed and resolved in the proper court, while the remaining claims and provisions remain enforceable to the maximum extent permitted by law.

Section 12 — Notices and Contact

Notices to TFS under these Terms may be sent to legal@texasfilmscene.com. Notices to you may be sent to the contact information on file with your account or posted in the Service. Either party may update its notice contact by giving notice to the other.

Texas Film Scene, LLC
Austin, Texas, USA
legal@texasfilmscene.com