Terms of Service
THIS IS A TEMPLATE, NOT LEGAL ADVICE; HAVE A QUALIFIED ATTORNEY REVIEW BEFORE USE.
Effective Date: [EFFECTIVE DATE]
These Terms of Service ("Terms") govern your use of [WEBSITE URL] (the "Site") and the member portal (together, the "Service"), operated by [LEGAL ENTITY NAME], a [STATE] [entity type] doing business as "In Hand Reviews" ("Company," "we," "us"). By using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Acceptance
1.1. You accept these Terms by accessing or using the Service, by creating an account, or by clicking to accept where prompted.
1.2. These Terms incorporate by reference our Privacy Policy and, for video submissions, the Content Purchase Agreement (Section 5).
2. Eligibility
2.1. You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service, you represent that you meet these requirements.
2.2. We may refuse, suspend, or terminate access for anyone, at any time, consistent with applicable law.
3. Accounts and Security
3.1. Member accounts. Parts of the Service (the member portal) require an account. You must provide accurate, current, and complete information and keep it updated.
3.2. One account per person. You may create and maintain only one account. You may not create accounts for others, share an account, or use another person's account.
3.3. Credentials. You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us promptly at [CONTACT EMAIL] of any unauthorized use.
3.4. Admin areas. Certain areas of the Service are restricted to Company administrators. You may not access or attempt to access admin-only areas, dashboards, or functions, even if a technical flaw makes them reachable.
4. Acceptable Use
You agree that you will not: (a) scrape, crawl, harvest, or use automated means (bots, scripts) to access the Service or collect data from it without our written permission; (b) attempt to gain unauthorized access to any account, system, database, or admin area, or probe, scan, or test the vulnerability of the Service; (c) interfere with or disrupt the Service, including by overloading, flooding, or introducing malware; (d) submit fraudulent, fake, plagiarized, AI-fabricated-as-genuine, or misleading applications or video submissions, or impersonate any person; (e) submit content you do not own or have no right to sell, or misrepresent your identity, ownership, or product experience; (f) circumvent, disable, or interfere with security or access-control features; (g) reverse engineer, decompile, or copy the Service or its software except as the law allows despite this restriction; or (h) use the Service for any unlawful purpose or in violation of any applicable law or third-party right.
5. Member Portal and Video Submissions
5.1. The member portal lets approved creators submit product-review videos that we may purchase. All video submissions are governed by our Content Purchase Agreement, which is incorporated into these Terms by reference and which you must accept at the time of submission. If these Terms conflict with the Content Purchase Agreement regarding a submission or purchase, the Content Purchase Agreement controls.
5.2. Submitting a video does not obligate us to purchase, pay for, or publish it. Acceptance is at our sole discretion after a quality and authenticity review.
5.3. We may set and change submission guidelines, fee amounts, product categories, and volume limits at any time for future submissions.
6. Intellectual Property of the Service
6.1. The Service — including its design, text, graphics, logos, software, and all content other than creator submissions — is owned by Company or its licensors and is protected by copyright, trademark, and other laws.
6.2. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for its intended purpose. You receive no other rights. "In Hand Reviews" and our logos may not be used without our prior written consent.
7. Third-Party Links and Platforms
7.1. The Service may link to or interoperate with third-party sites and platforms, including Amazon, YouTube, [PAYOUT METHODS e.g. PayPal/Zelle], and our service providers. We do not control them and are not responsible for their content, policies, or practices. Your use of them is governed by their own terms.
7.2. We are not affiliated with, endorsed by, or acting on behalf of Amazon or YouTube. We do not enroll creators in the Amazon Influencer Program or any other third-party program.
8. Disclaimers
8.1. "As is." The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free.
8.2. No guarantee of acceptance or earnings. We make no promise that any application will be approved, that any video will be purchased, or that you will earn any particular amount (or anything at all). Fee amounts and bonus criteria may change at any time for future submissions.
8.3. Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.
9. Limitation of Liability
9.1. To the maximum extent permitted by law, Company and its owners, officers, employees, and agents will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for lost profits, lost data, or loss of goodwill, arising out of or relating to the Service, even if advised of the possibility.
9.2. To the maximum extent permitted by law, our total liability for all claims relating to the Service will not exceed the greater of (a) USD $100 and (b) the amounts we paid you under the Content Purchase Agreement in the 12 months before the claim arose.
9.3. These limits do not apply to liability that cannot be limited by law. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
10. Indemnification
You will defend, indemnify, and hold harmless Company and its owners, officers, employees, and agents from all claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any law or third-party right; or (d) any information or content you submit, except to the extent governed by the indemnity in the Content Purchase Agreement.
11. Termination and Suspension
11.1. We may suspend or terminate your account or access to the Service at any time, with or without notice, including for violation of these Terms, suspected fraud or fake submissions, security risk, or extended inactivity.
11.2. You may stop using the Service and request account deletion at any time by emailing [CONTACT EMAIL].
11.3. Termination does not affect completed purchases: rights validly assigned to us under the Content Purchase Agreement remain ours, and amounts properly paid are not refundable to either Party. Sections 6, and 8 through 14 of these Terms survive termination.
12. Changes to the Service or These Terms
12.1. We may change, suspend, or discontinue any part of the Service at any time.
12.2. We may update these Terms by posting a revised version with a new Effective Date and, for material changes, providing notice by email or a prominent Site notice. Changes apply prospectively. Your continued use after the Effective Date means you accept the updated Terms. If you do not agree, stop using the Service.
13. Governing Law; Disputes
13.1. These Terms are governed by the laws of the State of [GOVERNING LAW STATE/COUNTY], without regard to conflict-of-laws rules.
13.2. Any dispute arising out of these Terms or the Service will be resolved in the same manner as set out in the dispute-resolution provisions of the Content Purchase Agreement (informal resolution, then binding individual arbitration, with small-claims and IP-injunction exceptions and a class action waiver). For any matter not subject to arbitration, the state and federal courts located in [GOVERNING LAW STATE/COUNTY] have exclusive jurisdiction, and you consent to venue there.
14. General
14.1. Entire agreement. These Terms, the Privacy Policy, and the Content Purchase Agreement are the entire agreement between you and Company regarding the Service.
14.2. Severability. If any provision is unenforceable, it will be limited to the minimum extent necessary and the rest remains in effect.
14.3. No waiver. Our failure to enforce a provision is not a waiver.
14.4. Assignment. You may not assign these Terms; we may assign them, including in a sale of the business.
14.5. Notices and contact. We may notify you by email or through the Service. Contact us at: [LEGAL ENTITY NAME] d/b/a In Hand Reviews. Email: [CONTACT EMAIL]. Website: [WEBSITE URL].