Pancake Terms of Service

These Terms of Service ("Terms") are an agreement between you and Pancake Apps, LLC ("Pancake," "we," "us") and govern your use of pancake.app, our web and desktop apps, and related services (the "Services"). By creating an account or using the Services, you agree to these Terms and our Privacy Policy. If you don't agree, don't use the Services.

If you use the Services on behalf of a company or production, you agree to these Terms for that entity and confirm you have authority to do so.

Eligibility

You must be at least 18 years old to create an account. You may not use the Services if you're barred from doing so under applicable law.

Your account

• Give us accurate information and keep it current, including the phone number or email you sign up with.
• You're responsible for everything that happens under your account. Keep your sign-in credentials secure and tell us right away at hello@pancake.app if you suspect unauthorized access.
• Accounts are personal. Don't share your account or let anyone else sign in as you. Invite collaborators to a production instead.
• Your account persists across productions. You can create productions, join productions others invite you to, and leave them.

Productions and permissions

• Whoever creates a production owns it and the content created in it, and controls who can join and what each member can see and do.
• When you invite someone, you choose their access level. You're responsible for the access you grant and the information you share with members.
• Information you add about other people (cast, crew, vendors, locations) must be information you have the right to share.
• When you leave a production or it's deleted, you may lose access to content that belongs to its owner.

Acceptable use

You agree not to:

• Break any law or infringe anyone's intellectual property, privacy, or publicity rights.
• Upload malware, or interfere with, overload, or try to gain unauthorized access to the Services or other accounts.
• Scrape, copy, or resell the Services, or reverse engineer them except where the law allows.
• Use the Services to harass, defraud, or harm anyone, or to store or share illegal content.
• Misrepresent who you are or your affiliation with any person or production.
• Use the Services to build a competing product.

We may remove content or suspend access that we reasonably believe violates these Terms.

Your content

You own the scripts, files, data, and other content you put into the Services ("Your Content"). You give Pancake a limited, worldwide, non-exclusive license to host, store, copy, process, display, and transmit Your Content only as needed to run, secure, and improve the Services for you and the people you share it with. This license ends when Your Content is deleted from the Services, except for backups kept for a limited time and content you shared into productions owned by others.

You confirm you have the rights needed to upload Your Content and that it doesn't violate these Terms or anyone's rights.

Pancake Assistant and AI features

• The Pancake Assistant helps you organize, tag, and make decisions about your production data. It asks for your permission before making changes.
• The Assistant only answers using information you have permission to see in a production.
• AI output can be wrong or incomplete. Review it before relying on it, especially for schedules, budgets, contracts, and anything involving payment or safety.
• Your Content is used to serve your own productions. We don't use it to train AI models for other customers, and our AI providers may not use it to train their own models.
• AI usage is metered with credits. Credits have no cash value, can't be transferred or redeemed for money, and unused credits expire as described on our pricing page.

Desktop app

We grant you a personal, non-transferable, revocable license to install and use the Pancake desktop app on devices you own or control, in line with these Terms. The optional on-device AI model runs on your hardware; performance depends on your device, and we aren't responsible for hardware limitations. Updates may install automatically.

Our property

Pancake owns the Services, including software, design, logos, and the Pancake name. These Terms don't give you any rights to them except the limited right to use the Services. If you send us feedback, we may use it without any obligation to you.

Plans, fees, and billing

• Pancake offers a free plan and paid plans. Current plans, features, limits, and prices are on our pricing page.
• Paid plans are billed in advance on a recurring basis (monthly or annually) and renew automatically until you cancel.
• Payments are processed by Stripe. By adding a payment method, you authorize us and Stripe to charge it for your plan, credit top-ups, and any other fees you agree to.
• Prices don't include taxes unless stated. You're responsible for applicable taxes.
• We may change prices with at least 30 days' notice. Changes apply at your next renewal.
• If a payment fails, we may limit paid features until it's resolved. Your content stays accessible on the free plan's terms.

Cancellation and refunds

You can cancel anytime in your account settings. Cancellation takes effect at the end of the current billing period, and you keep paid features until then. Fees already paid are non-refundable except where the law requires otherwise. You can also pause a plan when a project stalls, where your plan offers it.

Templates are not legal advice

Pancake may provide templates for contracts, releases, riders, and other production documents. Templates are for convenience only. Pancake is not a law firm, doesn't give legal, tax, or employment advice, and isn't a party to agreements you make with others. Consult a professional for your situation.

Third-party services

The Services rely on and may link to third-party services, such as Google sign-in and Stripe. Your use of them is governed by their terms, and we aren't responsible for them.

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, PANCAKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We don't guarantee the Services will be uninterrupted, error-free, or that data will never be lost. Keep your own backups of important files.

Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, PANCAKE WON'T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR PRODUCTION DELAYS. PANCAKE'S TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICES IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR $100.

Indemnity

You'll defend and indemnify Pancake against claims, damages, and costs (including reasonable attorneys' fees) arising from Your Content, your productions, your agreements with others, or your violation of these Terms or the law.

Suspension and termination

You can stop using the Services and delete your account anytime. We may suspend or end your access if you violate these Terms, create risk or legal exposure for us or others, or don't pay, with notice where practical. Sections that by their nature should survive termination (including content licenses for shared productions, disclaimers, liability limits, indemnity, and disputes) will survive.

Disputes and governing law

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law rules. Before filing a claim, contact us at hello@pancake.app and give us 30 days to try to resolve it informally. Any dispute that isn't resolved will be brought only in the state or federal courts located in Utah County, Utah, and you and Pancake consent to their jurisdiction.

Changes to these Terms

We may update these Terms. If changes are material, we'll notify you by email, text, or in the Services at least 30 days before they take effect. Continuing to use the Services after that means you accept the updated Terms.

General

These Terms and the Privacy Policy are the entire agreement between you and Pancake about the Services. If any part is found unenforceable, the rest stays in effect. Our failure to enforce a provision isn't a waiver. You can't transfer these Terms without our consent; we may transfer them in a merger, acquisition, or sale of assets.

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