ROAST MY SCRIPT

    Terms and Conditions of Use

    Effective Date: December 2024

    1. Acceptance of the Terms and Conditions of Use

    These terms and conditions of use for ROAST MY SCRIPT constitute a legal agreement and are entered into by and between you and ROAST MY SCRIPT Inc. ("Company," "we," "us," "our"). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, "Terms and Conditions"), govern your access to and use of, including any content, functionality, and services offered on or through www.roastmyscript.com ("Website").

    BY USING THE WEBSITE OR PURCHASING OUR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

    By using this Website, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

    2. Modifications to the Terms and Conditions and to the Website

    We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

    The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

    3. Description of Services

    ROAST MY SCRIPT provides AI-powered script coverage and analysis services for screenwriters, filmmakers, and content creators (the "Services"). Users may submit screenplays, scripts, and related materials ("Scripts") through the Website for analysis and feedback. The Services include, but are not limited to, script coverage reports, structural analysis, character assessments, and narrative feedback.

    4. Your Use of the Website and Account Set-Up and Security

    The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

    The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user's internet connection are aware of these Terms and Conditions and comply with them.

    Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You are responsible for any password misuse or any unauthorized access.

    We reserve the right at any time to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

    5. Payment and Refund Policy

    Our Services operate on a pay-per-use basis. Payment is required at the time of submission and before any analysis is performed.

    ALL FEES PAID ARE NON-REFUNDABLE. NO REFUNDS OR CREDITS WILL BE PROVIDED UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH THE ANALYSIS PROVIDED.

    You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor (i.e., Stripe), including, without limitation, any credit card you provide when completing a transaction. The Company assumes no liability or responsibility for any payments you make on the Services through a payment processor or third-party payment mechanism.

    6. Intellectual Property Rights - User Scripts

    You retain all intellectual property rights, title, and interest in and to any Scripts you submit through the Website. The Company does not claim any ownership rights in your Scripts.

    By submitting a Script, you grant to the Company a limited, non-exclusive, royalty-free license to use, process, and analyze your Script solely for the purpose of providing the Services you have requested. This license terminates automatically upon deletion of your Script from our systems.

    Your Scripts are not used to train any artificial intelligence models. Our AI service providers are contractually prohibited from using your content for model training purposes.

    7. Script Storage and Data Retention

    Scripts submitted to the Website are stored securely on our servers. All Scripts are automatically and permanently deleted thirty-one (31) days after the delivery of the corresponding coverage report.

    You acknowledge and agree that it is your responsibility to maintain your own copies of any Scripts you submit. The Company is not responsible for maintaining or providing backup copies of your Scripts after deletion.

    8. Intellectual Property Rights - Website and Services

    You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data, text, displays, graphics, photographs, images, video, audio, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

    The Company name, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

    9. Conditions of Use and User Submissions

    As a condition of your access and use of the Website, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.

    You warrant and agree that your use of the Website and any submissions shall not: (a) violate any applicable federal, state, local, or international law or regulation; (b) infringe upon or violate the intellectual property rights or any other rights of any third party; (c) contain any material that is exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, or discriminatory; (d) involve attempting to exploit or harm any individual; (e) provide false, inaccurate, or misleading information; (f) impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

    You understand and agree that you, not the Company, are fully responsible for any Scripts or other content you submit, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy.

    10. How We Utilize AI Third-Party Providers

    We use artificial intelligence services provided by third-party providers (the "AI Providers") to power our script analysis and coverage services. Regarding the use of AI Providers:

    • We do not store any data on any of the AI Providers' systems beyond what is necessary for processing your request. The AI Providers will not sample any data for the purpose of improving their respective foundational models.
    • All calls to the AI Providers' API are server-to-server, meaning no client IP addresses are sent to the AI Providers.
    • None of the AI Providers are a subprocessor of your personal data. The AI Providers only process the contents of your Scripts to deliver analysis results.
    • We have agreements in place with each AI Provider laying out the requirements and confidentiality of the processed data.

    11. No Reliance and Nature of Services

    The content, analysis, and feedback provided through our Services is provided for informational and educational purposes only. It is not intended to amount to professional advice on which you should rely.

    Our AI-powered coverage is not a substitute for professional script coverage from qualified industry professionals. The analysis generated reflects algorithmic interpretation and should be used as one of many tools in your creative development process.

    We make no representations, warranties, or guarantees, whether express or implied, that the feedback or analysis provided will result in any particular outcome, including but not limited to the sale, option, production, or success of your Script. Your use of the Website and Services is at your own risk.

    12. Disclaimer of Warranties

    YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

    NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS.

    13. Limitation on Liability

    EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

    14. Indemnification

    To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your breach of these Terms and Conditions or your use of the Website.

    15. Governing Law and Choice of Forum

    The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the State of Delaware and the federal laws of the United States of America applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location.

    Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the State of Delaware and/or the Federal Courts of the United States, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.

    16. Waiver

    No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

    17. Severability

    If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

    18. Entire Agreement

    The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and ROAST MY SCRIPT Inc. regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

    19. Reporting and Contact

    This website is operated by ROAST MY SCRIPT Inc.

    All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: script@roastmyscript.com