SCENIC CITY STUDIOS WEBSITE

PRIVACY POLICY & TERMS OF SERVICE

Effective Date: January 20th, 2023
Last Updated: January 20th, 2023

Scenic City Studios, referred to in this document as “Scenic City Studios,” “SCS,” “we,” “us,” or “our,” owns or operates the Scenic City Studios website located at www.sceniccitystudios.com, including its pages, subdomains, customer portals, account areas, forms, chat systems, payment pages, downloads, and related online features, collectively referred to as the “Website.”

Scenic City Studios provides website development, hosting, maintenance, email, software, WordPress plugins, artificial-intelligence services, automation, data processing, subscription management, technical support, marketing, search-engine optimization, and related technology services.

This Privacy Policy and these Terms of Service apply to:

• The Website.

• SCS Company Builder.

• Applications distributed through Company Builder.

• SCS-hosted services.

• SCS-managed WordPress plugins.

• Websites operated, hosted, developed, or maintained by SCS.

• Artificial-intelligence features.

• Automations.

• Email services.

• Customer portals.

• Payment and subscription systems.

• Support services.

• Related SCS infrastructure.

The Website and all products, applications, subscriptions, hosting, development, artificial-intelligence, automation, support, and related offerings are collectively referred to as the “Services.”

In this document:

• Visitor means any person who visits, browses, accesses, or interacts with the Website.

• Customer means a business, website owner, account holder, organization, purchaser, subscriber, client, or authorized representative that requests, purchases, activates, or uses the Services.

• Customer Website means a website owned, controlled, operated, hosted, developed, supported, or maintained for a Customer.

• End User means a visitor, customer, employee, applicant, subscriber, chat participant, form submitter, or other person whose information may be processed through a Customer Website or SCS Service.

• Customer Data means information submitted to, collected by, generated through, stored within, or processed through the Services on behalf of a Customer.

• SCS Applications means Company Builder and any plugin, module, integration, automation, application, software component, or service distributed, managed, hosted, or supported by SCS.

• AI Services means artificial-intelligence models, providers, prompts, tools, generated content, automated evaluations, recommendations, decisions, and related processing used through the Services.

By visiting the Website, submitting information, communicating with SCS, creating an account, purchasing a Service, installing or activating an SCS Application, or continuing to use the Website or Services, the Visitor or Customer acknowledges that the Visitor or Customer has read, understands, and agrees to this Privacy Policy and these Terms of Service.

---

PART I — PRIVACY POLICY

1. Scope of This Privacy Policy

This Privacy Policy explains how SCS collects, receives, stores, accesses, uses, transmits, protects, discloses, retains, and deletes information in connection with the Website and Services.

This Privacy Policy applies to information:

• Submitted directly through the Website.

• Collected through Website forms, chat systems, account areas, payment pages, and analytics.

• Provided through email, telephone, meetings, support requests, or other communications.

• Processed through SCS Applications.

• Processed through Customer Websites.

• Generated through artificial-intelligence or automation features.

• Processed through vendors, hosting companies, email providers, payment processors, artificial-intelligence providers, analytics providers, security providers, and other approved service providers.

A Customer may be required to maintain a separate privacy policy for its own website, business, employees, customers, and End Users.

This Privacy Policy does not replace the Customer’s obligation to:

• Provide legally required privacy notices.

• Obtain required consent.

• Establish a lawful basis for processing.

• Maintain required records.

• Respond to privacy requests.

• Comply with laws applicable to the Customer’s business or industry.

2. Authorization to Collect and Process Information

By visiting the Website, submitting information, requesting a Service, creating an account, or activating an SCS Service, the Visitor or Customer authorizes the transmission, storage, access, and processing of information reasonably necessary to:

• Respond to inquiries.

• Provide requested Services.

• Operate the Website.

• Administer accounts.

• Process payments.

• Maintain security.

• Diagnose technical issues.

• Provide support.

• Perform enabled artificial-intelligence or automation jobs.

• Maintain business, consent, billing, and audit records.

• Improve and protect the Website and Services.

Depending on how the Website or Services are used, this authorization may include processing:

1. Names and contact information.

2. Company Profile information.

3. Business names and website addresses.

4. Website configuration and account information.

5. Website pages, posts, media, metadata, and other website content.

6. Contact-form submissions and uploaded files.

7. Customer and prospect contact information.

8. Names, email addresses, telephone numbers, business information, and mailing addresses.

9. Chat messages, chat histories, and support conversations.

10. Generated articles, replies, summaries, recommendations, images, and other content.

11. Knowledge Base records, documents, instructions, prompts, and reference materials.

12. Plugin settings, automation rules, workflow instructions, and integration details.

13. Website usage information and interaction records.

14. IP addresses, browser information, device information, timestamps, log records, and security events.

15. Diagnostic details, error messages, system status, version information, and compatibility information.

16. Subscription, billing-status, trial, entitlement, usage-limit, and invoice information.

17. Information received through connected third-party services.

18. Other information reasonably necessary to provide a requested or enabled Service.

The Customer represents that it has the legal authority to provide Customer Data to SCS and to instruct SCS to process it.

3. SCS and Customer Data-Processing Roles

For information collected directly through the SCS Website, SCS generally determines why and how the information is processed and may act as the business, controller, or responsible party under applicable privacy laws.

This may include information used to:

• Respond to inquiries.

• Administer Website accounts.

• Process purchases and subscriptions.

• Authenticate Visitors and Customers.

• Detect fraud or abuse.

• Protect the Website and Services.

• Communicate with Visitors and Customers.

• Maintain billing, tax, consent, and audit records.

• Improve SCS products and operations.

• Enforce agreements and legal rights.

• Comply with applicable law.

For Customer Data collected through a Customer Website, Customer form, Customer chat system, Customer email account, or Customer business operation, the Customer generally determines why and how the information is collected.

The Customer therefore generally acts as the business, controller, or responsible party for that information.

SCS generally processes Customer Data as a service provider, contractor, or processor on behalf of the Customer and according to:

• The Customer’s enabled settings.

• The Customer’s instructions.

• The applicable Service configuration.

• Applicable agreements.

Nothing in this section changes the Customer’s responsibility for its own privacy notices, customer relationships, legal obligations, or instructions concerning Customer Data.

4. Customer Responsibility for Notice and Consent

The Customer is responsible for determining whether its collection and use of personal information is lawful.

The Customer must provide appropriate notices and obtain all legally required permissions or consents before collecting, transmitting, recording, analyzing, or using information through the Services.

This responsibility includes information collected through:

• Website forms.

• Employment applications.

• Customer-support requests.

• Chat systems.

• Email subscriptions.

• Marketing campaigns.

• Appointment systems.

• Payment forms.

• Analytics services.

• Cookies and tracking technologies.

• Artificial-intelligence tools.

• Automated replies.

• Recorded communications.

• Third-party integrations.

• Customer relationship management systems.

• Text-message systems.

• Social-media integrations.

The Customer must not instruct SCS to process information in a way that violates:

• Applicable law.

• A contract.

• A court order.

• A regulatory requirement.

• An industry obligation.

• The privacy rights of another person.

• The intellectual-property rights of another person.

• SCS policies.

5. Categories of Information Collected

Depending on how the Website and Services are used, SCS may collect or process the following categories of information.

5.1 Website Visitor Information

This may include:

• IP address.

• Browser type.

• Device type.

• Operating system.

• Referring website.

• Pages visited.

• Links selected.

• Time spent on pages.

• Approximate geographic information.

• Cookie identifiers.

• Session identifiers.

• Website interaction information.

• Form activity.

• Chat activity.

• Error and performance information.

5.2 Account and Business Information

This may include:

• Customer name.

• Business name.

• Website address.

• Contact information.

• Job title.

• Account username.

• Customer identification number.

• Subscription and entitlement status.

• Support history.

• Authorized users and permissions.

• Billing contact information.

• Service preferences.

5.3 Website and Content Information

This may include:

• Website text.

• Pages and posts.

• Images and media.

• Products and services.

• Business descriptions.

• Service areas.

• Employee or team information.

• Articles, blogs, announcements, and promotional content.

• Knowledge Base materials.

• Prompts and automation instructions.

• Website settings and configurations.

5.4 End-User and Submission Information

This may include:

• Contact-form submissions.

• Names and contact details.

• Questions and messages.

• Employment inquiries.

• Complaints.

• Customer-service requests.

• Uploaded documents.

• Chat conversations.

• Appointment requests.

• Quote requests.

• Information entered into a Customer Website.

5.5 Technical and Diagnostic Information

This may include:

• IP address.

• Browser and device details.

• Operating system.

• WordPress version.

• PHP version.

• Plugin and theme versions.

• Error logs.

• Security logs.

• Access events.

• Authentication records.

• API requests.

• Heartbeat and synchronization activity.

• Server response information.

• Performance and availability information.

• Hosting configuration.

• Database and software compatibility information.

5.6 Billing and Transaction Information

This may include:

• Stripe customer identifiers.

• Subscription status.

• Product or application subscriptions.

• Trial dates.

• Free-period eligibility.

• Invoice information.

• Payment status.

• Transaction history.

• Failed-payment information.

• Refund and cancellation records.

• Billing addresses.

• Tax information where required.

SCS does not intend to store full payment-card numbers or card-security codes.

Payment-card information is ordinarily collected and processed by Stripe or another approved payment processor under that provider’s terms and privacy practices.

5.7 Communications

SCS may retain:

• Website inquiries.

• Support tickets.

• Emails.

• Chat messages.

• Telephone notes.

• Meeting notes.

• Service requests.

• Notices.

• Approval records.

• Consent records.

• Instructions provided by the Customer.

• Communications regarding billing, security, development, maintenance, or support.

6. How Information Is Used

SCS may use information to:

1. Operate and maintain the Website.

2. Respond to Website inquiries.

3. Provide requested information or estimates.

4. Create and administer accounts.

5. Provide and operate enabled Services.

6. Authenticate users and websites.

7. Synchronize applications, prompts, settings, content, and Knowledge Base information.

8. Process artificial-intelligence requests.

9. Generate replies, recommendations, articles, summaries, images, reports, evaluations, and other content.

10. Deliver, install, activate, deactivate, update, pause, resume, diagnose, repair, or roll back SCS Applications.

11. Provide hosting, maintenance, email, development, marketing, and technical support.

12. Process subscriptions, trials, invoices, payments, credits, and cancellations.

13. Enforce usage limits and application entitlements.

14. Detect fraud, abuse, malicious activity, unauthorized access, and security threats.

15. Diagnose errors, compatibility issues, failed jobs, or interrupted Services.

16. Maintain operational, security, consent, billing, tax, and audit records.

17. Send service notices, security notices, billing notices, support messages, and approved promotional communications.

18. Improve Website and Service reliability, functionality, usability, and performance.

19. Personalize Website or Service experiences.

20. Analyze Website use and marketing performance.

21. Comply with legal obligations and lawful requests.

22. Enforce SCS policies, agreements, and legal rights.

23. Protect SCS, Customers, Visitors, End Users, service providers, and the public.

7. Artificial-Intelligence Processing

SCS may use approved artificial-intelligence providers and related infrastructure to process enabled jobs.

Information submitted to an AI Service may include:

• Customer prompts.

• Knowledge Base information.

• Website content.

• Form submissions.

• Customer messages.

• Chat conversations.

• Company Profile information.

• Automation instructions.

• Content to be reviewed, classified, summarized, rewritten, or answered.

• Other information necessary to complete the requested job.

AI processing may occur through providers selected by SCS based on:

• Availability.

• Capability.

• Security.

• Cost.

• Technical compatibility.

• Service requirements.

• Performance.

• Reliability.

SCS may change, replace, add, or remove artificial-intelligence providers without prior notice when reasonably necessary to operate, improve, or protect the Services.

7.1 SCS AI Credentials

API keys, system credentials, provider credentials, access tokens, internal instructions, security controls, proprietary prompts, and other SCS AI credentials remain confidential property of SCS.

SCS AI credentials are never disclosed to the Visitor or Customer.

The Customer receives access to enabled functionality, not access to:

• SCS provider accounts.

• Master credentials.

• Private keys.

• Internal systems.

• Proprietary infrastructure.

• Confidential prompts.

• Internal security controls.

7.2 AI Output Limitations

Artificial-intelligence output is generated through automated systems and may be:

• Incomplete.

• Inaccurate.

• Outdated.

• Misleading.

• Biased.

• Offensive.

• Duplicative.

• Inappropriate.

• Factually incorrect.

• Unsuitable for a particular purpose.

AI output may resemble content generated for other users.

SCS does not guarantee that AI output is:

• Accurate.

• Original.

• Non-infringing.

• Complete.

• Appropriate for a particular audience.

• Suitable for publication.

• Legally compliant.

• Free of bias.

• Free from harmful recommendations.

• Suitable for making employment, financial, medical, legal, safety, credit, insurance, housing, or other high-impact decisions.

The Customer is responsible for reviewing and approving generated:

• Replies.

• Content.

• Recommendations.

• Images.

• Classifications.

• Evaluations.

• Decisions.

• Integrations.

• Automated actions.

The Customer must complete this review before using, publishing, transmitting, or relying on the output.

AI output is not legal, medical, financial, accounting, employment, cybersecurity, or other professional advice.

8. Sensitive and Regulated Information

Unless SCS expressly agrees otherwise in writing, Visitors and Customers must not intentionally submit or instruct SCS to process:

• Social Security numbers.

• Full payment-card information.

• Bank-account credentials.

• Medical records or protected health information.

• Biometric identifiers.

• Government identification documents.

• Account passwords.

• Private encryption keys.

• Information subject to specialized contractual or regulatory restrictions.

• Information concerning children under 13.

• Information requiring specialized security or compliance obligations that SCS has not expressly agreed to provide.

Visitors and Customers are responsible for removing or redacting unnecessary sensitive information before submitting information through:

• Website forms.

• Uploaded files.

• Email.

• Chat.

• Knowledge Base systems.

• Artificial-intelligence prompts.

• Support requests.

• Other SCS Services.

The availability of a text field, upload field, form, chat, Knowledge Base, or AI feature does not mean SCS has agreed to receive regulated or highly sensitive data.

9. Information Sharing and Service Providers

SCS may disclose information to approved service providers when reasonably necessary to operate the Website or Services.

These providers may include:

• Website-hosting companies.

• Cloud-computing providers.

• Data-storage providers.

• Content-delivery networks.

• Artificial-intelligence providers.

• Email-delivery and mailbox providers.

• Payment processors.

• Analytics providers.

• Security and fraud-prevention providers.

• Backup providers.

• Domain and DNS providers.

• Customer-support platforms.

• Communication providers.

• Advertising and marketing providers.

• Professional advisers.

• Contractors supporting SCS operations.

Providers may process information under their own:

• Agreements.

• Privacy policies.

• Security practices.

• Geographic locations.

• Legal obligations.

• Retention policies.

SCS may also disclose information:

1. At the Customer’s direction.

2. To complete an integration requested by the Customer.

3. To investigate fraud, abuse, attacks, or unauthorized activity.

4. To comply with subpoenas, court orders, warrants, regulatory demands, or applicable law.

5. To protect the rights, property, systems, employees, Customers, Visitors, End Users, or safety of SCS or others.

6. In connection with a merger, acquisition, financing, reorganization, sale of assets, or transfer of business.

7. With the consent or authorization of the Customer or affected person.

SCS does not sell Customer Data for monetary compensation.

SCS does not use Customer Data for unrelated third-party advertising unless the practice is separately disclosed and legally permitted.

10. Cookies, Logs, Analytics, and Tracking Technologies

The Website and Services may use:

• Cookies.

• Local storage.

• Session identifiers.

• Log files.

• Analytics technologies.

• Tracking pixels.

• Embedded content.

• Similar technologies.

These technologies may be used to:

• Maintain login sessions.

• Remember settings.

• Authenticate websites and users.

• Prevent fraud.

• Measure Website and Service usage.

• Diagnose errors.

• Analyze performance.

• Protect security.

• Support subscriptions and application access.

• Improve functionality.

• Measure advertising or marketing performance.

• Understand how Visitors use the Website.

Visitors may be able to manage certain cookies through browser settings or a Website consent tool.

Disabling cookies may affect Website or Service functionality.

The Customer is responsible for displaying any cookie notice or consent mechanism required for technologies installed on the Customer Website.

11. Website-Specific Accounts, Data, and Subscriptions

Each Customer Website may be treated as a separate Service installation unless SCS expressly agrees otherwise.

Each Customer Website may have its own:

• Company Profile.

• Configuration.

• Stripe account or Stripe customer relationship.

• Subscription.

• Invoice.

• Trial.

• Free period.

• AI usage limits.

• Application entitlements.

• Usage history.

• Audit records.

• Data-retention period.

• Connected applications.

• Authorized users.

A subscription, entitlement, trial, credit, discount, or payment associated with one Customer Website does not automatically apply to another Customer Website.

12. Data Retention

SCS may retain information for as long as reasonably necessary to:

• Operate the Website.

• Respond to inquiries.

• Provide the Services.

• Maintain Customer accounts.

• Preserve existing work.

• Process subscriptions and payments.

• Resolve disputes.

• Maintain backups.

• Diagnose issues.

• Prevent fraud and abuse.

• Enforce agreements.

• Meet tax, accounting, legal, security, and regulatory obligations.

• Maintain consent and audit records.

• Establish, exercise, or defend legal claims.

Retention periods may vary based on:

• The type of information.

• The Service configuration.

• Customer instructions.

• Legal obligations.

• Backup schedules.

• Active disputes.

• Security concerns.

• Technical limitations.

• Account status.

• Business requirements.

Deleting information from an active system may not immediately remove it from:

• Logs.

• Archives.

• Disaster-recovery systems.

• Backups.

• Security records.

• Billing records.

SCS may retain deidentified, aggregated, security-related, billing-related, audit-related, or legally required information after an account or Service is terminated.

13. Export and Deletion Requests

A Customer may request an available export or deletion of Customer Data by contacting SCS at info@sceniccitystudios.com.

Exports are subject to:

• Technical availability.

• Identity and authority verification.

• Account status.

• Payment of outstanding balances.

• Applicable law.

• Third-party restrictions.

• Reasonable administrative or technical charges when the request requires custom development or extraordinary work.

SCS may decline or limit deletion when retention is reasonably necessary for:

• Legal obligations.

• Billing.

• Tax records.

• Fraud prevention.

• Security.

• Backups.

• Audit records.

• Dispute resolution.

• Contract enforcement.

• Establishing or defending legal claims.

The Customer is responsible for downloading any available information it wishes to preserve before cancellation or termination.

14. Individual Privacy Rights

Depending on the individual’s location and applicable law, a person may have rights to:

• Request access to personal information.

• Request correction of inaccurate information.

• Request deletion.

• Request a portable copy.

• Object to or restrict certain processing.

• Withdraw consent.

• Opt out of certain sales, sharing, profiling, or targeted advertising.

• Request information about categories of information collected and disclosed.

• Appeal a denied privacy request.

• Submit a complaint to a privacy regulator.

Requests may be submitted to:

Scenic City Studios
5958 Snow Hill Road
Suite 144-246
Ooltewah, Tennessee 37303
Email: info@sceniccitystudios.com
Telephone: 423-401-8394

SCS may verify the requester’s identity and authority before responding.

When SCS processes information solely on behalf of a Customer, SCS may direct the requester to the applicable Customer.

The Customer remains responsible for responding to requests involving information controlled by the Customer.

SCS will not unlawfully discriminate against a person for exercising an applicable privacy right.

15. California Privacy Notice

Where the California Consumer Privacy Act or another California privacy law applies, California residents may have rights to:

• Know what personal information is collected.

• Request access to personal information.

• Request correction.

• Request deletion.

• Obtain information about certain disclosures.

• Opt out of the sale or sharing of personal information.

• Limit certain uses of sensitive personal information.

SCS does not sell Customer Data for monetary compensation.

If an SCS practice is legally considered a sale or sharing under applicable California law, SCS will provide any legally required notice and method to exercise the applicable right.

California requests may be submitted using the contact information in Section 14.

16. International Processing

SCS and its service providers may process information in the United States and other countries.

Those countries may have privacy and data-protection laws that differ from the laws where a Visitor, Customer, or End User is located.

The Visitor or Customer authorizes such processing when necessary to operate the Website or provide enabled Services, subject to applicable legal requirements and available contractual protections.

The Customer is responsible for determining whether international transfer notices, agreements, consents, or safeguards are required for its own business.

17. Security

SCS uses administrative, technical, and organizational measures that SCS considers commercially reasonable and appropriate for the nature of the Website, Services, and information involved.

Measures may include:

• Authentication controls.

• Access restrictions.

• Encryption where appropriate.

• Secure connections.

• Logging and monitoring.

• Software updates.

• Backups.

• Malware scanning.

• Network protections.

• Vendor review.

• Incident investigation.

• Credential management.

• Role-based permissions.

However, no website, plugin, server, email system, cloud platform, payment system, network, transmission method, backup, or security measure is completely secure.

SCS does not guarantee that:

• An attack will never occur.

• Information will never be accessed without authorization.

• A website will never be hacked.

• Malware will never be introduced.

• An email account will never be compromised.

• A vulnerability will never exist.

• A third-party provider will never fail.

• Data will never be lost, altered, intercepted, encrypted, corrupted, or disclosed.

• A security tool will detect every threat.

• A backup will always be available or complete.

The Visitor and Customer acknowledge that cybersecurity involves shared responsibility.

The Customer is responsible for protecting:

• Devices.

• Administrator accounts.

• Passwords.

• Email accounts.

• Personnel.

• Local networks.

• Payment accounts.

• Third-party services.

• Website access.

• Internal business systems.

18. Security Incidents

If SCS discovers a confirmed security incident materially affecting personal information or Customer Data under SCS control, SCS may:

• Investigate.

• Contain.

• Remediate.

• Document.

• Preserve evidence.

• Notify affected parties when required.

• Cooperate with lawful authorities.

The Customer agrees to cooperate with reasonable incident-response requests.

The Customer must promptly notify SCS of:

• Suspected unauthorized access.

• Lost or stolen credentials.

• Compromised email accounts.

• Suspicious administrator activity.

• Malware.

• Unexpected account changes.

• Unrecognized subscriptions or charges.

• Potentially unlawful use of the Services.

• Suspicious changes to a Customer Website.

• Suspected exposure of Customer Data.

Not every unsuccessful attack, scan, blocked request, spam message, automated login attempt, or security alert constitutes a reportable data breach.

19. Children’s Privacy

The Website and Services are intended primarily for businesses and authorized adult users.

They are not directed to children under 13.

Visitors and Customers must not knowingly use the Website or Services to collect or submit personal information from a child under 13 without all legally required parental consent and safeguards.

If SCS learns that prohibited children’s information was submitted, SCS may:

• Delete the information.

• Restrict access.

• Quarantine the information.

• Disable the applicable feature.

• Suspend the applicable Service.

20. Promotional and Operational Communications

Visitors and Customers may receive communications related to:

• Website inquiries.

• Requested estimates.

• Account administration.

• Billing.

• Subscriptions.

• Trials.

• Application availability.

• Service interruptions.

• Security.

• Updates.

• New features.

• Maintenance.

• Support.

• Company Builder applications.

• Approved promotions.

• Special offers.

• Other SCS products or services reasonably related to the person’s interaction or business relationship with SCS.

Operational and transactional messages may be sent even when a person has opted out of promotional email.

A person may unsubscribe from promotional email by:

• Using the unsubscribe method included in the message.

• Contacting SCS.

• Updating available communication settings.

Unsubscribing from promotional email does not cancel:

• A subscription.

• A Service.

• An invoice.

• A contract.

• A security notice.

• An operational communication.

• A legal notice.

21. Changes to This Privacy Policy

SCS may update this Privacy Policy to reflect changes in:

• The Website.

• The Services.

• Technology.

• Providers.

• Security practices.

• Business operations.

• Laws or regulations.

• Data-processing practices.

• Subscription systems.

• Artificial-intelligence capabilities.

The current version may be:

• Posted on the Website.

• Made available through a Customer portal.

• Made available through Company Builder.

• Delivered electronically.

• Included with an SCS Application.

Continued use of the Website or Services after the effective date of an updated Privacy Policy constitutes acceptance of the updated policy to the extent permitted by law.

---

PART II — TERMS OF SERVICE

22. Acceptance of Terms

By visiting, browsing, accessing, or using the Website, the Visitor agrees to the provisions of these Terms that apply to Website use.

By requesting, purchasing, installing, activating, renewing, or using an SCS Service, the Customer agrees to all applicable provisions of these Terms.

The person accepting these Terms represents that the person:

1. Is at least 18 years old.

2. Has legal authority to enter into this agreement.

3. Has authority to bind the applicable Customer or business.

4. Has authority to connect a Customer Website to the Services.

5. Has authority to authorize the processing described in this document.

If the person does not have this authority, the person must not purchase, activate, or use the Services on behalf of another business or organization.

23. Description of Services

SCS Services may include:

• Website design and development.

• WordPress development.

• Website hosting.

• Website maintenance.

• Plugin distribution and management.

• Company Builder applications.

• Artificial-intelligence tools.

• Content generation.

• Form analysis.

• Automated replies.

• Customer chat.

• Knowledge Base processing.

• Email hosting or configuration.

• Subscription management.

• Payment integrations.

• Website security services.

• Backups.

• Search-engine optimization.

• Analytics.

• Reporting.

• Technical support.

• Third-party integrations.

• Custom software.

• Advertising and marketing support.

• Social-media services.

• Content writing.

• Related consulting and professional services.

Specific Services, deliverables, pricing, limits, and responsibilities may also be described in:

• An order.

• A proposal.

• An invoice.

• A subscription screen.

• A statement of work.

• An application listing.

• An estimate.

• A project agreement.

• A separate written contract.

If a separate signed agreement expressly conflicts with these Terms, the signed agreement controls for the specific conflicting provision.

24. Website Use and Limited Permission

SCS grants Visitors a limited, revocable, non-exclusive, non-transferable permission to access and use the Website for lawful informational and business purposes.

Visitors may not:

• Copy substantial portions of the Website without authorization.

• Use automated tools to scrape or harvest Website content without permission.

• Attempt to gain unauthorized access to Website systems.

• Interfere with Website operation.

• Introduce malware or harmful code.

• Impersonate another person.

• Submit false or fraudulent information.

• Use the Website to violate another person’s rights.

• Circumvent security, access, or payment controls.

• Use Website content in a misleading or unauthorized manner.

SCS may block, restrict, or terminate Website access when reasonably necessary to protect the Website, SCS, Customers, or others.

25. License to Use SCS Applications

Subject to payment, account status, subscription status, application entitlement, and compliance with these Terms, SCS grants the Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use enabled SCS Applications on authorized Customer Websites.

The Customer does not acquire ownership of:

• SCS Applications.

• Source code.

• Server code.

• APIs.

• Internal prompts.

• AI credentials.

• Proprietary workflows.

• System architecture.

• Documentation.

• Designs.

• Trademarks.

• Trade secrets.

• Subscription systems.

• Distribution infrastructure.

The Customer may not:

• Copy or redistribute an SCS Application except as expressly authorized.

• Resell access without written authorization.

• Reverse engineer or attempt to obtain protected source code.

• Circumvent authentication, billing, subscriptions, trials, usage limits, or application controls.

• Extract or disclose SCS credentials.

• Remove ownership notices.

• Use an application on an unauthorized website.

• Interfere with Company Builder synchronization or server communication.

• Use the Services to attack, scan, exploit, or disrupt another system.

26. Remote Application and Service Management

The Customer authorizes SCS to remotely:

• Deliver applications.

• Install applications.

• Activate applications.

• Deactivate applications.

• Update applications.

• Pause applications.

• Resume applications.

• Diagnose applications.

• Repair applications.

• Change application configuration.

• Synchronize application data.

• Roll back applications.

• Remove malicious, incompatible, unauthorized, expired, or discontinued application components.

• Restrict application access.

• Restore a prior version.

• Perform other actions reasonably necessary to operate, support, secure, bill for, or protect the Services.

Remote management may occur automatically through:

• Company Builder.

• Scheduled jobs.

• Successful heartbeats.

• Synchronization events.

• Server instructions.

• Direct SCS support.

• Hosting or security systems.

SCS is not required to obtain separate approval for:

• Routine updates.

• Security corrections.

• Compatibility changes.

• Subscription enforcement.

• Emergency actions.

• Actions necessary to prevent damage or unauthorized use.

27. Local Data, Synchronization, and Service Continuity

Certain SCS Applications may maintain local Customer Website copies of:

• Prompts.

• Knowledge Base records.

• Generated content.

• Settings.

• Configuration information.

• Other Customer Data.

Company Builder or another SCS Service may synchronize copies with SCS infrastructure.

Synchronization may be:

• Delayed.

• Queued.

• Retried.

• Completed during a future successful connection.

• Completed during a heartbeat.

• Completed during a scheduled synchronization event.

Temporary differences between local and server copies do not necessarily indicate data loss or system failure.

SCS may design a Service so that existing local work remains available during an interruption while new:

• AI requests.

• Automations.

• Server-controlled actions.

• Synchronization.

• Updates.

• Subscription-dependent functions.

are paused or queued.

The Customer acknowledges that interrupted connectivity may prevent new processing even when previously stored content remains visible.

28. Customer Content and Ownership

As between SCS and the Customer, the Customer retains ownership of content that the Customer lawfully owns.

The Customer grants SCS a non-exclusive, worldwide, royalty-free license to:

• Host.

• Copy.

• Transmit.

• Convert.

• Display.

• Process.

• Analyze.

• Modify.

• Back up.

• Restore.

• Otherwise use Customer Data.

This license applies only as reasonably necessary to:

• Provide the Services.

• Carry out Customer instructions.

• Generate requested output.

• Maintain and secure the Services.

• Diagnose issues.

• Comply with law.

• Enforce agreements.

• Protect SCS and others.

The Customer represents that it has all rights, permissions, licenses, and authority necessary to provide Customer Data and grant this license.

29. Customer Responsibilities

The Customer is responsible for:

1. Providing accurate account and billing information.

2. Maintaining current contact information.

3. Protecting usernames, passwords, devices, and administrator accounts.

4. Limiting account access to authorized persons.

5. Reviewing user permissions.

6. Maintaining lawful privacy notices and consent procedures.

7. Reviewing AI-generated material before use.

8. Reviewing automated replies before enabling unsupervised delivery.

9. Maintaining independent copies of important business information.

10. Complying with laws applicable to its business, industry, customers, employees, and website.

11. Ensuring that content, images, data, and instructions do not violate third-party rights.

12. Maintaining appropriate insurance and cybersecurity practices.

13. Promptly installing or allowing critical updates.

14. Paying invoices and subscription charges when due.

15. Informing SCS of suspected security issues.

16. Obtaining appropriate professional advice before relying on generated recommendations.

17. Monitoring the Customer Website and business operations.

18. Confirming the accuracy of information published through the Services.

19. Ensuring authorized persons have permission to access Customer Data.

20. Maintaining appropriate internal business controls.

The Customer is responsible for the acts and omissions of employees, contractors, users, administrators, and other persons who access the Services through the Customer’s accounts or websites.

30. Prohibited Uses

Visitors and Customers may not use the Website or Services to:

• Violate a law or regulation.

• Infringe intellectual-property, privacy, publicity, contractual, or other rights.

• Send unlawful spam or deceptive communications.

• Harass, threaten, defame, exploit, or discriminate against another person.

• Distribute malware, ransomware, spyware, or harmful code.

• Conduct phishing, credential theft, fraud, or impersonation.

• Facilitate unlawful surveillance.

• Generate or distribute illegal content.

• Circumvent security or access controls.

• Overload or disrupt SCS infrastructure.

• Test vulnerabilities without written authorization.

• Process prohibited sensitive information.

• Make fully automated high-impact decisions without legally required review and safeguards.

• Misrepresent AI-generated content as independently verified.

• Use the Website or Services in a manner that creates unreasonable legal, reputational, operational, or security risk to SCS.

• Interfere with another Customer’s use of the Services.

• Attempt to obtain SCS credentials, source code, or confidential information.

SCS may investigate suspected violations and may restrict or terminate Website or Service access when reasonably necessary.

31. AI Review and Human Responsibility

The Customer is responsible for reviewing all AI-generated:

• Replies.

• Content.

• Recommendations.

• Decisions.

• Classifications.

• Images.

• Integrations.

• Evaluations.

• Actions.

This review must occur before the output is used, published, transmitted, or relied upon.

When the Customer enables:

• Automatic delivery.

• Automatic publishing.

• Automatic replies.

• Automatic decisions.

• Automatic classifications.

• Other unsupervised workflows.

the Customer accepts the risks associated with automation.

The Customer is responsible for:

• Setting appropriate prompts.

• Testing workflows.

• Establishing approval thresholds.

• Monitoring results.

• Correcting errors.

• Preventing discriminatory or unlawful decisions.

• Maintaining required human review.

• Disclosing AI use when required.

• Responding to affected persons.

• Stopping an automation that produces unsafe or inappropriate results.

SCS is not the author, publisher, employer, decision-maker, adviser, or legal representative of the Customer merely because an SCS Service generates or transmits content.

32. Third-Party Services and Integrations

The Website and Services may depend on or connect to third-party systems such as:

• WordPress.

• Web hosts.

• Domain registrars.

• DNS providers.

• Stripe.

• Email providers.

• Artificial-intelligence providers.

• Google services.

• Analytics providers.

• Social-media platforms.

• Form builders.

• Plugins and themes.

• Automation platforms.

• APIs.

• Advertising platforms.

• Content-delivery networks.

Third-party services are governed by their own:

• Terms.

• Privacy policies.

• Pricing.

• Availability.

• Security.

• Technical limitations.

• Data-retention practices.

• Account requirements.

SCS does not control and is not responsible for a third party’s:

• Downtime.

• Data loss.

• Security incident.

• Policy change.

• Price change.

• Account suspension.

• API change.

• Feature removal.

• Delivery failure.

• Compatibility issue.

• Content decision.

• Regulatory compliance.

• Business closure.

SCS may discontinue an integration when a third-party change makes continued support impractical, insecure, unlawful, or commercially unreasonable.

33. WordPress, Plugin, Theme, and Software Compatibility

WordPress, third-party plugins, themes, servers, browsers, PHP versions, databases, artificial-intelligence providers, and external APIs may change without notice.

SCS does not guarantee permanent compatibility with every:

• WordPress version.

• Plugin.

• Theme.

• Hosting environment.

• Browser.

• Device.

• Server configuration.

• PHP version.

• Database version.

• Third-party API.

• Artificial-intelligence model.

• Payment provider.

• Email provider.

An update to one component may affect another component.

SCS may charge for development, repair, migration, or compatibility work that is:

• Outside an active maintenance plan.

• Caused by third-party changes.

• Caused by Customer modifications.

• Caused by unsupported or abandoned software.

34. Website Hosting

Hosting Services may be subject to:

• Storage limits.

• Bandwidth limits.

• Processing limits.

• Email limits.

• Database limits.

• Security limits.

• Acceptable-use requirements.

SCS may take reasonable action to protect shared infrastructure, including:

• Blocking malicious traffic.

• Restricting resource usage.

• Suspending abusive processes.

• Quarantining files.

• Disabling compromised accounts.

• Requiring updates.

• Moving a website.

• Restoring a backup.

• Temporarily limiting access.

• Suspending an affected Service.

Hosting does not guarantee:

• Uninterrupted availability.

• Immunity from attacks.

• Permanent preservation of every file.

• Compatibility with every plugin or application.

• Unlimited storage or processing.

The Customer is responsible for maintaining independent copies of mission-critical data unless a separate written backup obligation states otherwise.

35. Backups and Restoration

SCS may provide backups as a convenience or as part of a specific Service plan.

Unless expressly guaranteed in a signed agreement:

• Backups are not guaranteed.

• Backup frequency may vary.

• A backup may be incomplete.

• A backup may be corrupted.

• A backup may contain malware or an existing error.

• Restoration may overwrite newer information.

• Not every file, email, database, log, or external service is included.

• Retention periods may change.

• A requested restoration point may not be available.

The Customer must maintain independent backups of information that cannot be recreated.

Restoration, emergency recovery, forensic investigation, or manual data reconstruction may incur additional charges.

36. Domain Names and DNS

The Customer is responsible for confirming ownership, renewal, contact information, and payment for its domain names unless a written agreement assigns those responsibilities to SCS.

SCS is not responsible for a domain’s:

• Expiration.

• Loss.

• Transfer.

• Suspension.

• Hijacking.

• DNS failure.

• Registrar action.

• Ownership dispute.

This limitation applies when the issue is caused by:

• Customer action or inaction.

• Incorrect contact information.

• Failed payment.

• Registrar policies.

• Third-party compromise.

• Legal action.

• Events outside SCS control.

DNS changes may take time to propagate and may temporarily affect website or email availability.

37. Email Services

Email delivery is affected by:

• Third-party networks.

• Recipient servers.

• Spam filters.

• Reputation systems.

• Authentication settings.

• Blocklists.

• Mailbox quotas.

• User devices.

• Recipient actions.

• Domain and DNS settings.

SCS does not guarantee:

• Delivery of every message.

• Receipt by a particular time.

• Placement in an inbox.

• Recovery of deleted email.

• Acceptance by a recipient server.

• Permanent storage.

• Immunity from spam, phishing, spoofing, or account compromise.

The Customer is responsible for:

• Using strong passwords.

• Enabling available multifactor authentication.

• Reviewing mailbox access.

• Maintaining appropriate SPF, DKIM, and DMARC settings.

• Avoiding unlawful bulk email.

• Honoring unsubscribe requests.

• Protecting confidential information.

• Verifying suspicious payment or credential requests.

• Maintaining copies of important communications.

SCS may suspend an email account involved in:

• Spam.

• Fraud.

• Malware.

• Abuse.

• Excessive resource use.

• A security incident.

• A violation of provider policies.

38. Electronic Marketing and Consent

The Customer is responsible for ensuring that its email, text-message, chat, automated reply, telephone, and marketing activities comply with applicable laws.

This includes responsibility for:

• Obtaining required consent.

• Maintaining consent records.

• Using accurate sender information.

• Avoiding deceptive subject lines.

• Providing required business identification.

• Providing an effective unsubscribe method.

• Honoring opt-out requests.

• Maintaining internal suppression lists.

• Following calling-hour and messaging restrictions.

• Complying with industry-specific marketing requirements.

• Maintaining appropriate records.

SCS does not provide legal approval of a Customer’s campaign merely by enabling an email, form, chat, telephone, artificial-intelligence, or automation feature.

39. Trials, Free Periods, and Promotions

Trials, introductory periods, recurring free periods, promotional access, credits, discounts, usage allowances, and approved promotional offers may be controlled by the SCS server.

SCS may determine:

• Eligibility.

• Start date.

• End date.

• Duration.

• Included applications.

• Usage limits.

• Renewal rules.

• Frequency.

• Promotional pricing.

• Geographic restrictions.

• Customer restrictions.

• Whether an offer may be combined with another offer.

Unless expressly stated otherwise:

• A trial is limited to one trial per Customer Website.

• Trial access may require a payment method.

• A trial may convert automatically to a paid subscription.

• Unused trial time has no cash value.

• SCS may revoke a trial obtained through fraud, duplication, manipulation, or error.

• Promotional terms may change or expire.

40. Subscriptions and Recurring Billing

Paid applications and Services may be billed on a recurring basis.

By starting a subscription, the Customer authorizes recurring charges to the payment method associated with the applicable account or Customer Website.

Each Customer Website may have its own:

• Stripe account or Stripe customer relationship.

• Subscription.

• Invoice.

• Trial.

• Application entitlement.

• Billing history.

Adding an application may increase the recurring subscription total.

Removing or canceling an application may change future charges but does not necessarily create a refund for a current billing period.

Subscriptions automatically renew until canceled according to the cancellation process made available by SCS.

The Customer is responsible for reviewing:

• Application selections.

• Subscription totals.

• Trial-expiration dates.

• Invoices.

• Taxes.

• Usage charges.

• Payment-method information.

41. Pricing and Taxes

Pricing may be controlled by:

• The SCS Website.

• The SCS server.

• An applicable order.

• An invoice.

• An application listing.

• A promotional offer.

• A written agreement.

• A statement of work.

SCS may change future pricing by providing reasonable notice or by posting updated pricing before the next applicable renewal.

The Customer is responsible for taxes, duties, assessments, and governmental charges associated with the Services, excluding taxes based solely on SCS net income.

Pricing errors, catalog errors, entitlement errors, and billing-system errors may be corrected.

42. Failed Payments and Service Interruptions

If a charge fails, an invoice becomes overdue, a subscription expires, or an account is otherwise not in good standing, SCS may:

• Retry payment.

• Send billing notices.

• Limit new AI requests.

• Pause automations.

• Prevent new application activation.

• Restrict synchronization.

• Suspend paid features.

• Disable subscription-dependent applications.

• Suspend hosting or email Services.

• Terminate Services.

• Refer an unpaid balance for collection.

Where technically practical, existing work may be preserved during an interruption.

However, new:

• AI use.

• Content generation.

• Automation.

• Synchronization.

• Updates.

• Remote processing.

• Email delivery.

• Subscription-dependent functions.

may stop.

Preservation of existing work does not mean the Customer has an ongoing right to use unpaid Services.

43. Cancellation

A Customer may cancel a subscription using an available cancellation method or by contacting SCS.

Unless otherwise stated:

• Cancellation applies prospectively.

• Access may continue through the current paid billing period.

• Charges already processed are nonrefundable.

• Partial months are not prorated.

• Outstanding balances remain due.

• Cancellation of one application does not cancel other applications.

• Cancellation for one Customer Website does not cancel another Customer Website.

• Cancellation does not automatically delete Customer Data.

• Domain, hosting, email, maintenance, marketing, or development Services may require separate cancellation.

• Project deposits or setup fees may be nonrefundable.

The Customer should request any desired export before access ends.

44. Refunds

Payments are nonrefundable except:

• When required by law.

• When expressly provided in a written refund policy.

• When SCS approves a refund in writing.

• When a specific promotional offer states otherwise.

• When a signed agreement expressly provides otherwise.

SCS may issue a refund, credit, or service extension at its discretion without creating an obligation to provide the same remedy in another situation.

45. Service Availability

SCS attempts to operate the Website and Services reliably but does not guarantee uninterrupted, error-free, or continuously available access.

The Website or Services may be interrupted by:

• Maintenance.

• Updates.

• Provider outages.

• Hosting failures.

• Internet failures.

• DNS problems.

• Cyberattacks.

• Software defects.

• Compatibility issues.

• Resource limits.

• Payment problems.

• Legal requirements.

• Emergency actions.

• Events outside SCS control.

SCS may queue or retry eligible work after connectivity or service is restored, but successful completion is not guaranteed.

46. Changes to the Website and Services

SCS may add, remove, replace, modify, suspend, or discontinue:

• Website pages.

• Website content.

• Features.

• Applications.

• Providers.

• AI models.

• Pricing.

• Usage limits.

• Integrations.

• Interfaces.

• Workflows.

• Hosting arrangements.

• Subscription structures.

• Support methods.

• Service plans.

SCS may make immediate changes when reasonably necessary for:

• Security.

• Compliance.

• Provider availability.

• Compatibility.

• Performance.

• Protection of the Website.

• Protection of the Services.

• Protection of Customers or End Users.

47. Support and Development Work

Support does not include unlimited custom development unless expressly included in a written plan.

SCS may charge separately for:

• Custom features.

• Data repair.

• Emergency response.

• Malware removal.

• Forensic work.

• Major compatibility repairs.

• Third-party migration.

• Manual data entry.

• Custom exports.

• Redesign.

• Content creation.

• Search-engine optimization work.

• Advertising work.

• Work caused by unauthorized modifications.

• Work outside the agreed scope.

Estimates are based on information available when provided and may change if:

• The scope changes.

• Technical conditions change.

• New requirements are identified.

• Third-party systems create additional work.

• Previously unknown problems are discovered.

48. Customer Modifications and Third-Party Access

SCS is not responsible for problems caused by:

• Customer code changes.

• Third-party developers.

• Unauthorized access.

• Unapproved plugins.

• Pirated software.

• Abandoned software.

• Changes to hosting.

• Changes to DNS.

• Deleted files.

• Modified database records.

• Disabled security tools.

• Shared passwords.

• Failure to follow SCS instructions.

• Customer-installed applications.

• Third-party administrator access.

SCS may require additional payment to investigate or repair problems caused by another party.

49. Intellectual Property

The Website, excluding Customer-owned content and properly licensed third-party materials, is owned or licensed by SCS.

SCS retains all rights in its:

• Website content.

• Software.

• Plugins.

• Designs.

• Code.

• Documentation.

• Processes.

• Templates.

• Reports.

• Workflows.

• Proprietary prompts.

• Automation methods.

• Branding.

• Trademarks.

• Business systems.

• Improvements.

• Derivative works.

No ownership right is transferred except where expressly stated in a signed agreement.

Visitors and Customers may not use SCS trademarks, logos, Website content, or branding in a misleading manner or without authorization.

50. Third-Party Content and Links

The Website may contain:

• Links to third-party websites.

• Embedded content.

• Third-party videos.

• Third-party forms.

• Third-party payment pages.

• Social-media links.

• References to outside services.

SCS does not control and is not responsible for third-party:

• Content.

• Availability.

• Security.

• Privacy practices.

• Accuracy.

• Products.

• Services.

• Business practices.

Accessing a third-party website or service is at the Visitor’s or Customer’s own risk and is subject to the third party’s terms and privacy policy.

51. Feedback

If a Visitor or Customer provides ideas, recommendations, feature requests, suggestions, testimonials, reviews, or other feedback, the person grants SCS the right to use that feedback without restriction, attribution, or compensation, unless otherwise agreed in writing.

This does not give SCS ownership of Customer confidential information or Customer Data.

52. Confidentiality

Each party may receive confidential business, technical, security, pricing, customer, or operational information belonging to the other party.

The receiving party will use reasonable care to protect confidential information and will use it only for purposes related to:

• The Services.

• The project.

• The parties’ business relationship.

• Applicable legal obligations.

Confidential information does not include information that:

• Becomes public without breach.

• Was already lawfully known.

• Is received lawfully from another source.

• Is independently developed.

• Must be disclosed by law.

SCS credentials, internal infrastructure, source code, security methods, provider configurations, and proprietary system prompts are SCS confidential information.

53. Security Disclaimer and Shared Responsibility

SCS is not an insurer against:

• Hacking.

• Malware.

• Ransomware.

• Phishing.

• Fraud.

• Denial-of-service attacks.

• Zero-day vulnerabilities.

• Credential theft.

• Insider misconduct.

• Data loss.

• Third-party compromise.

• Social-engineering attacks.

• Business-email compromise.

Cybersecurity risks cannot be completely eliminated.

The Customer accepts that:

• Security protections reduce risk but do not eliminate risk.

• New vulnerabilities may exist before a correction is available.

• Third-party systems may be compromised.

• Customer personnel may be deceived.

• Credentials may be stolen.

• Backups may fail.

• Attacks may interrupt business operations.

• Email and payment instructions may be impersonated.

The Customer is responsible for maintaining:

• Appropriate insurance.

• Business-continuity plans.

• Internal controls.

• Employee training.

• Payment-verification procedures.

• Independent backups.

• Strong passwords.

• Multifactor authentication where available.

• Appropriate access restrictions.

54. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

SCS DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF:

• MERCHANTABILITY.

• FITNESS FOR A PARTICULAR PURPOSE.

• TITLE.

• NON-INFRINGEMENT.

• ACCURACY.

• AVAILABILITY.

• SECURITY.

• RELIABILITY.

• COMPATIBILITY.

• ERROR-FREE OPERATION.

• UNINTERRUPTED OPERATION.

• RESULTS.

• DATA PRESERVATION.

SCS DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL:

• MEET EVERY REQUIREMENT.

• PRODUCE A PARTICULAR BUSINESS RESULT.

• PREVENT EVERY ATTACK.

• DETECT EVERY THREAT.

• DELIVER EVERY MESSAGE.

• GENERATE ACCURATE CONTENT.

• OPERATE WITHOUT INTERRUPTION.

• REMAIN COMPATIBLE WITH EVERY THIRD-PARTY SERVICE.

• PRESERVE EVERY FILE OR RECORD.

Some jurisdictions do not permit certain warranty exclusions.

In those jurisdictions, the exclusions apply only to the maximum extent permitted by law.

55. No Guarantee of Business Results

SCS does not guarantee:

• Search-engine rankings.

• Website traffic.

• Leads.

• Sales.

• Revenue.

• Customer conversions.

• Advertising results.

• Email delivery.

• Social-media engagement.

• AI accuracy.

• Regulatory approval.

• Prevention of security incidents.

• Continuous website availability.

• Customer retention.

• Marketing performance.

• Specific return on investment.

Results depend on many factors outside SCS control.

56. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCS AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR:

• INDIRECT DAMAGES.

• INCIDENTAL DAMAGES.

• SPECIAL DAMAGES.

• EXEMPLARY DAMAGES.

• PUNITIVE DAMAGES.

• CONSEQUENTIAL DAMAGES.

• LOST PROFITS.

• LOST REVENUE.

• LOST BUSINESS.

• LOST OPPORTUNITIES.

• LOSS OF GOODWILL.

• LOSS OF DATA.

• COSTS OF REPLACEMENT SERVICES.

• BUSINESS INTERRUPTION.

• SECURITY INCIDENTS.

• UNAUTHORIZED ACCESS.

• THIRD-PARTY CLAIMS.

• AI-GENERATED ERRORS.

• EMAIL-DELIVERY FAILURES.

• THIRD-PARTY SERVICE FAILURES.

• WEBSITE DOWNTIME.

• DOMAIN OR DNS FAILURES.

• LOST SEARCH RANKINGS.

• LOST ADVERTISING PERFORMANCE.

This limitation applies regardless of the legal theory and even if SCS was advised that damage was possible.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCS’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO AN AFFECTED SERVICE WILL NOT EXCEED THE GREATER OF:

1. ONE HUNDRED DOLLARS; OR

2. THE AMOUNT ACTUALLY PAID TO SCS FOR THE SPECIFIC AFFECTED SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations do not apply to liability that cannot legally be excluded or limited.

57. Allocation of Risk

The Customer acknowledges that Service pricing reflects the allocation of risk stated in these Terms.

The disclaimers and liability limitations are an essential part of the agreement between SCS and the Customer.

58. Indemnification

To the maximum extent permitted by law, the Customer agrees to defend, indemnify, and hold harmless SCS and its owners, employees, contractors, affiliates, licensors, and service providers from claims, damages, liabilities, judgments, penalties, costs, and reasonable attorneys’ fees arising from:

• Customer Data.

• Customer content.

• The Customer’s business operations.

• The Customer’s violation of law.

• The Customer’s violation of these Terms.

• The Customer’s infringement of another person’s rights.

• Unlawful collection or use of personal information.

• Customer instructions to SCS.

• The Customer’s use or publication of AI-generated content.

• Automated replies or decisions enabled by the Customer.

• The Customer’s products, services, employees, customers, or website.

• Unauthorized use of Customer accounts caused by the Customer’s failure to protect credentials.

• Third-party services selected or controlled by the Customer.

• Customer advertising, marketing, or email campaigns.

• Claims arising from information provided by the Customer.

SCS will provide reasonable notice of an indemnified claim and may control the defense when SCS is a named party.

59. Suspension and Termination

SCS may suspend, restrict, or terminate Website or Service access when:

• Payment is overdue.

• A subscription expires.

• The Customer violates these Terms.

• Use creates a security risk.

• Use creates legal or regulatory risk.

• SCS receives a valid legal demand.

• A Visitor or Customer abuses SCS personnel or infrastructure.

• The Customer attempts to bypass billing or access controls.

• Continued service is technically impractical.

• A required provider discontinues support.

• SCS discontinues the applicable Service.

• An emergency requires immediate action.

• Fraud or unlawful activity is suspected.

Where practical, SCS may provide notice and an opportunity to correct a violation.

Immediate action may be taken for:

• Security.

• Fraud.

• Abuse.

• Unlawful activity.

• Urgent operational risk.

• Protection of Customer Data.

• Protection of SCS infrastructure.

60. Effect of Termination

After termination:

• The Customer’s application license ends.

• Paid features may stop.

• AI processing may stop.

• Automations may stop.

• Synchronization may stop.

• Applications may be remotely deactivated.

• Access to server-managed information may end.

• Hosting or email access may end.

• Outstanding balances remain due.

• SCS may retain information as described in the Privacy Policy.

Sections that by their nature should survive termination will remain effective, including:

• Ownership.

• Confidentiality.

• Disclaimers.

• Liability limitations.

• Indemnification.

• Payment obligations.

• Governing law.

• Dispute provisions.

• Data-retention obligations.

61. Force Majeure

SCS is not liable for delay, interruption, or failure caused by events beyond its reasonable control, including:

• Natural disasters.

• Severe weather.

• Fire.

• Flood.

• War.

• Terrorism.

• Civil unrest.

• Labor disputes.

• Utility failures.

• Internet failures.

• Telecommunications failures.

• Cyberattacks.

• Government action.

• Court orders.

• Epidemics.

• Provider outages.

• Supply-chain failures.

• Failures of third-party infrastructure.

62. Governing Law and Venue

These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles.

Before filing a legal claim, the parties agree to attempt in good faith to resolve the dispute through written notice and informal discussion for at least 30 days.

Unless applicable law requires otherwise, any legal action arising from the Website, Services, or these Terms must be filed in a court of competent jurisdiction located in McMinn County, Tennessee, or the applicable federal court serving that area.

Each party consents to the jurisdiction of those courts.

63. Time Limit for Claims

To the maximum extent permitted by law, any claim arising from the Website or Services must be filed within one year after the event giving rise to the claim.

A claim not filed within that period is permanently barred.

This section does not shorten a limitation period that applicable law does not permit the parties to shorten.

64. Assignment

The Customer may not assign or transfer its rights or obligations under these Terms without SCS’s prior written consent.

SCS may assign these Terms in connection with:

• A merger.

• A sale.

• A reorganization.

• Financing.

• A transfer of assets.

• A transfer of the applicable Service.

• A change in business structure.

65. Independent Contractors

SCS and the Customer are independent contractors.

These Terms do not create:

• A partnership.

• A joint venture.

• A franchise.

• An employment relationship.

• A fiduciary relationship.

• An agency relationship.

Neither party has authority to bind the other except as expressly stated.

66. No Third-Party Beneficiaries

These Terms are for the benefit of SCS and the applicable Customer.

They do not create enforceable rights for another person except for SCS parties expressly protected by the warranty, liability, and indemnification provisions.

67. Waiver

A failure to enforce a provision is not a waiver of that provision or any other provision.

A waiver is effective only when made in writing by an authorized SCS representative.

68. Severability

If a provision is found invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain effective.

69. Headings

Headings are provided for convenience and do not limit or change the meaning of these Terms.

70. Electronic Records and Signatures

Visitors and Customers agree to receive agreements, notices, disclosures, invoices, and records electronically.

The following actions may constitute an electronic signature and acceptance of applicable terms:

• Selecting an acceptance checkbox.

• Submitting a Website form.

• Creating an account.

• Purchasing a Service.

• Activating a subscription.

• Installing an SCS Application.

• Continuing to use a paid Service.

• Making a payment.

• Electronically approving a proposal or estimate.

71. Entire Agreement

These Terms, the Privacy Policy, applicable orders, invoices, subscription details, statements of work, estimates, proposals, and signed agreements constitute the entire agreement concerning the applicable Website use or Services.

They replace prior discussions, representations, or understandings concerning the same subject, except for obligations contained in a signed agreement that expressly remain effective.

72. Changes to These Terms

SCS may update these Terms to reflect changes in:

• The Website.

• The Services.

• Technology.

• Pricing.

• Providers.

• Artificial-intelligence capabilities.

• Security requirements.

• Business operations.

• Laws.

• Regulations.

• Industry practices.

The current version may be:

• Posted on the Website.

• Provided through Company Builder.

• Provided through a Customer portal.

• Delivered electronically.

• Included with an SCS Application.

Continued use of the Website or Services after updated Terms become effective constitutes acceptance of the current version to the extent permitted by law.

If the Customer does not agree to an update, the Customer must stop using the affected Services and cancel applicable subscriptions.

73. Contact Information

Questions, privacy requests, legal notices, and Service concerns may be directed to:

Scenic City Studios, LLC
Email: info@sceniccitystudios.com
Telephone: 423-401-8394
Website: www.sceniccitystudios.com

Legal notices must clearly identify:

• The Visitor or Customer.

• The applicable Customer Website.

• The applicable account.

• The nature of the request.

• Contact information for an authorized representative.

---

VISITOR AND CUSTOMER ACKNOWLEDGMENT

By visiting the Website, submitting information, creating an account, purchasing a Service, installing or activating an SCS Application, or continuing to use the Website or Services, the Visitor or Customer acknowledges and agrees, to the extent applicable, that:

1. SCS may collect and process information necessary to operate the Website and provide enabled Services.

2. Approved infrastructure and artificial-intelligence providers may process enabled jobs.

3. SCS AI credentials will not be disclosed to Visitors or Customers.

4. Artificial-intelligence output requires appropriate Customer review.

5. The Customer is responsible for its own content, privacy notices, consent, legal compliance, and business decisions.

6. SCS may remotely manage SCS Applications to operate, secure, support, and protect the Services.

7. Trials, subscriptions, pricing, promotions, AI limits, retention, and availability may be controlled by the SCS server.

8. Existing work may remain preserved during interruptions while new AI use, automation, synchronization, or paid functionality stops.

9. Each Customer Website may have a separate Stripe relationship, subscription, trial, invoice, and application entitlement.

10. No website, email system, software, AI provider, server, payment system, or security measure is guaranteed to be uninterrupted, error-free, or immune from attack.

11. Cancellation, export, deletion, billing, consent, security, retention, and audit records are handled according to SCS policies and applicable agreements.

12. Continued Website or Service use is subject to the current version of these Terms, this Privacy Policy, and applicable SCS data-processing requirements.