Terms of Service

Last updated: 12/12/2023

This Terms of Use (the “Agreement”) constitutes a legally binding agreement by and between Unrivaled, LLC, a Limited Liability Company organized under the laws of the state of Maryland (“Unrivaled”), and the User (“User”).

Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the User’s use of the services (“Services”), and immediate discontinuation of use is required. The relationship between User and Unrivaled shall cease to exist, except for any obligation of User to pay Unrivaled for services rendered which shall continue to be an ongoing obligation.

Service Plans
Creator: Under this plan, Unrivaled shall deliver to the User up to a maximum of six (6) videos per calendar month and or perform up to 15 hours of video editing per week whichever comes first. Unrivaled retains the right, at its sole discretion, to begin working on new requests under this plan within a timeframe not exceeding three (3) business days.

Pro Creator: This plan assigns a dedicated animator to the User from Unrivaled. Please note that the number of work hours per week from the dedicated animator is not guaranteed, considering potential exigencies such as vacations, sick leaves, and other forms of necessary absence. Furthermore, Unrivaled does not commit to a fixed quantity of video deliverables per calendar month under this plan but there is a max of 15 videos per month. Unrivaled strives to provide approximately 40 hours of dedicated service to the User. Unrivaled reserves the right to respond to new service items under this plan within two (2) business days. Please note that the Unrivaled team shall work on only one request at a time and shall not proceed to the next request until the approval of the current request by the User.

Studio: This plan assigns two dedicated animators from Unrivaled to the User. The provisions pertaining to work hours per week, response time to new service items, and the sequence of work on service requests under the Creator Plan shall equally apply to the Studio Service Plan, with the exception that the Unrivaled team will work on two requests concurrently. Unrivaled strives to provide approximately 80 hours of dedicated service to the User. User will have a maximum of 30 videos per month and up to 80 hours of editing per week.

These Service Plans may be subject to modifications, enhancements, or revisions at Unrivaled’ sole discretion. Users are strongly recommended to regularly review the terms of their service plans to stay abreast of any updates or changes.

The terms and conditions for the rest of the agreement remain unchanged. Please read them thoroughly before availing any of our services.

1. Cancellation and Renewal Policy
Users must cancel their service at least seven days prior to the renewal date to avoid charges for the subsequent period. Failure to cancel within this timeframe will result in non-refundable charges due to the allocation of resources, such as assigned animators.

2. Pricing Plans and Refund Policy
Users may cancel their subscription at any time. However, as an animator is assigned to the account at the time of creation, no refunds are offered under any circumstances. In the event of a cancellation, Unrivaled ensures that the User will continue to receive the service as promised until the end of the current billing cycle. Please note, there are no partial month refunds, and the cancellation will take effect from the next billing cycle following the cancellation request. Please refer to the “Cancellation and Renewal Policy” for additional details about timing.

3. Returns and Refunds
All payments made to Unrivaled for services are non-refundable. This policy is in accordance with the stipulations set forth in the “Pricing Plans and Refund Policy” section, where it is specified that subscriptions may be canceled at any time, but no refunds are offered, regardless of the timing of the cancellation in relation to the billing cycle. Unrivaled commits to delivering the promised services until the end of the current billing cycle, following a cancellation request. This no-refund policy ensures operational efficiency and the continued high quality of service provided to all Users.

4. Automatic Acceptance of Work
Work delivered to the User will be deemed automatically accepted 48 hours after delivery, unless the User provides specific feedback or requests revisions within this timeframe. This policy is in place to facilitate the timely commencement of editing the next video, ensuring that Users receive the highest quantity of content possible within their service plan.

5. Feedback
User acknowledges and agrees that any questions, comments, suggestions, or other feedback related to the services provided by Unrivaled (“Feedback”) must be communicated through designated platforms, specifically Frame, Slack, Asana or other platforms as designated by Unrivaled. This ensures that Feedback is properly recorded and addressed. Unrivaled shall retain ownership of all Feedback and is under no obligation to keep it confidential.

Unrivaled is not liable for any oversight or failure to act on Feedback that is not shared through the aforementioned designated channels. Customers are encouraged to use these platforms for all communication regarding Feedback to ensure it is duly noted and appropriately responded to.

6. Intellectual Property Rights
While Unrivaled retains ownership of the underlying content of the Services, including software, designs, trademarks, logos, audio, video, and general text (collectively, the “Content”) that are part of the Services, the specific works created for a User as part of the service (e.g., custom videos) are the property of the User upon full payment for the respective billing cycle. All such works are protected by copyright and assigned to the User, consistent with the laws and regulations of the United States, foreign jurisdictions, and international conventions. This transfer of ownership applies exclusively to completed work paid for by the User and does not extend to the general Content owned by Unrivaled.

7. Ownership of Materials
Consistent with the Intellectual Property Rights section, while Unrivaled retains ownership of its proprietary materials and general content used in the creation process, the User obtains full ownership of the final, delivered project work. This includes all design and original source files created specifically for the User’s project. Upon full payment for the respective service, the User shall be the sole owner of the copyright for all completed projects. It should be noted that this transfer of ownership pertains only to the final, custom-created works and does not include Unrivaled’s underlying tools, methods, or pre-existing materials.

8. Fonts
In the event that any Project incorporates fonts that are not owned by Unrivaled and require a commercial license for the User to legally reproduce, distribute, or publicly display the Project, Unrivaled will inform User in writing. The User will need to purchase the appropriate licenses for the Third-Party Fonts. The User assumes all responsibility for any consequences as a result of a failure by the User to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

9. User Representations
By using the Website, User represents and warrants that: User has the legal capacity and agrees to comply with these Terms of Use; User is not a minor; User will not access the Website through automated or non-human means; User will not use the Website for any illegal or unauthorized purpose; User’s use of the Website will not violate any applicable law or regulation.

10. Prohibited Activities
User shall use the services provided by Unrivaled solely for lawful purposes and in accordance with the intended use of these services. Specifically, the creative content and materials produced by Unrivaled are to be used by the Customer in a manner that aligns with the agreed-upon project scope and is consistent with the terms of the service plan selected. Users are prohibited from:

Reselling, redistributing, or otherwise exploiting the services or content created by Unrivaled for unauthorized commercial purposes.

Using the services or content created in any way that infringes upon the intellectual property rights of others, including but not limited to unauthorized reproduction, modification, or distribution.

Engaging in any activity that is illegal, fraudulent, or violates the rights of any third party.

The use of Unrivaled’s services should be in a manner that respects the integrity of the creative process and adheres to the legal and ethical standards of content creation and usage.

11. Oversight
Unrivaled reserves the right to monitor the Services for violations of these Terms of Use and to take appropriate legal action in response to a violation of these Terms of Use or any applicable law, statute, or regulation. Unrivaled further reserves the right to restrict or deny access to the Website or disable the User’s use of the Website, without notice or liability to User.

12. Modifications to Terms of User
Unrivaled reserves the right to change, alter, modify, or remove any content on the Services for any reason at its sole discretion. Unrivaled reserves the right to modify or discontinue all or part of the Services without notice and without liability to the User.

13. Interruptions
Unrivaled does not guarantee that the Services will be available and accessible at all times. There may be interruptions, delays, or errors beyond Unrivaled’s control. User agrees that Unrivaled shall not be liable for any loss, damage, or inconvenience caused by the User’s inability to access or use the Website during any interruption in service.

14. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maryland without regard to conflict of law principles.

15. Limitations of Liability and Indemnification
Unrivaled, its directors, employees, members, contractors, or agents shall not be liable to the User or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, or other damages or losses arising from User’s use of the Website or the services provided by Unrivaled, including but not limited to the editing and animating of videos.

User agrees to defend, indemnify and hold harmless Unrivaled from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

(1) Use of the Website or the services provided by Unrivaled, including but not limited to the editing and animating of videos;

(2) Breach of these Terms of Use;

(3) Any breach of User’s representations and warranties set forth herein;

(4) User’s violation of the rights of any third party, including but not limited to intellectual property rights.

The User assumes all responsibility and risk for the use of the services provided by Unrivaled, including but not limited to the editing and animating of videos. The User agrees that Unrivaled is not responsible for any loss or damage of any sort the User may incur from dealing with a third party.

Notwithstanding the foregoing, Unrivaled reserves the right, at User’s expense, to assume control and defense of any matter for which User is required to indemnify Unrivaled hereunder. User agrees to cooperate with Unrivaled in defending such claims.

16. User Data
The User is responsible for providing all necessary data and materials required for Unrivaled to perform its services. This includes, but is not limited to, specific project requirements, content, images, or any other information relevant to the completion of the services.

While Unrivaled takes reasonable measures to safeguard the data provided by the Customer during the service process, it shall not be liable for any loss, corruption, or compromise of such data. Customers are advised to maintain backups and copies of all materials provided to Unrivaled. In the event of any loss or corruption of data, Unrivaled will endeavor to assist in the recovery process to the best of its ability, but it cannot guarantee the restoration of lost or corrupted data.

17. Electronic Delivery of Materials
User consents to receive electronic communications from Unrivaled and agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. User agrees to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by Unrivaled or through the Website.

18. Showcasing Work
Unrivaled reserves the right to showcase design work on digital channels including social media, websites, etc. unless otherwise agreed upon. User reserves the right to issue a Non-Disclosure Agreement (NDA) to protect sensitive information.

19. Termination
These Terms of Use remain in effect until terminated by the User or Unrivaled. User may terminate their agreement in accordance with the cancellation policy outlined in the “Pricing Plans and Refund Policy” and “Cancellation and Renewal Policy” sections. Unrivaled reserves the right to terminate this Agreement at any time, with reasonable notice to the Customer, unless in cases of breach by the Customer, including but not limited to non-payment and violation of these Terms of Use. Unrivaled may also suspend or terminate Customer’s access to the Services for any substantial breach of these terms.

Upon termination, all rights and obligations of both parties, save for those explicitly stated as surviving the termination (such as payment obligations for services already rendered, confidentiality, and ownership of materials), will cease. Unrivaled will take reasonable steps to ensure a smooth transition and minimize disruption to the User’s ongoing projects.

20. Contact Information
Unrivaled welcomes User’s questions or comments regarding the Terms. Please send any queries or concerns to the following address:

Unrivaled, LLC
3700 O’Donnell St. STE 200
Baltimore, MD 21224