HeyFriends! Terms of Service

Last Updated: 12/01/23

1. Agreement Overview
This Terms of Use ("Agreement") constitutes a legally binding agreement between HeyFriends, LLC, a Limited Liability Company organized under the laws of the State of Delaware ("HeyFriends"), and the Customer ("Customer"). Failure to agree to and adhere to all terms, conditions, and obligations contained herein results in the prohibition of the Customer's use of the Services, requiring immediate discontinuation. Except for ongoing obligations, such as payment for services rendered, the relationship between Customer and HeyFriends shall cease upon termination of this Agreement.

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2. Service Plans

The following outlines the Service Plans offered by HeyFriends, subject to the terms and conditions herein. Customers acknowledge that payments are for the assignment of talent and the provision of services rendered during the service period, and not for the delivery of specific quantities of any deliverables. Circumstances may arise that prevent the fulfillment of specific deliverable quantities; hence, subscriptions are charged on a per-service-period basis, with each period being one month in duration.

Starter Plan: This plan provides the assignment of a full-time video editor and the creation of up to three thumbnail designs at a monthly rate of $4,999. This plan includes access to Slack chat support and offers the flexibility to cancel at any time.

Creator Plan: For a monthly rate of $10,000, this plan offers the provision of services for the creation of up to six videos and up to six thumbnail designs, along with the services of an expert YouTube producer. Additional services include title and thumbnail A/B testing. This plan also features access to Slack chat support, with the flexibility to cancel at any time.

Studio Plan: Starting at a monthly rate of $14,000, the Studio Plan encompasses a comprehensive suite of services, including the assignment of a dedicated YouTube team, competitor analysis, video idea generation, YouTube growth strategy, and the creation of up to six thumbnail designs. This plan further includes services such as title and thumbnail A/B testing, intro and hook writing, structure and retention support, and film studio setup assistance. A three-month minimum commitment is required for this plan, which also includes access to Slack chat support.

All Service Plans are subject to modification, enhancement, or revision at the sole discretion of HeyFriends. Customers are advised to regularly review the terms for updates.

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3. Cancellation and Renewal Policy
Customers 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.

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4. Automatic Acceptance of Work
Work delivered to the Customer will be deemed automatically accepted 48 hours after delivery, unless the Customer 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 Customers receive the highest quantity of content possible within their service plan.

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5. Pricing Plans and Refund Policy
Customers 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, HeyFriends ensures that the Customer 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.

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6. Intellectual Property Rights
While HeyFriends 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 Customer as part of the service (e.g., custom videos) are the property of the Customer upon full payment for the respective billing cycle. All such works are protected by copyright and assigned to the Customer, 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 Customer and does not extend to the general Content owned by HeyFriends.

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7. Ownership of Materials
Consistent with the Intellectual Property Rights section, while HeyFriends retains ownership of its proprietary materials and general content used in the creation process, the Customer obtains full ownership of the final, delivered project work. This includes all design and original source files created specifically for the Customer’s project. Upon full payment for the respective service, the Customer 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 HeyFriends’s underlying tools, methods, or pre-existing materials.

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8. Fonts
In the event that any Project incorporates fonts not owned by HeyFriends and requiring a commercial license for legal reproduction, distribution, or public display, HeyFriends will inform the Customer in writing. The Customer will need to purchase the appropriate licenses for the Third-Party Fonts. The Customer assumes all responsibility for consequences due to failure in purchasing required licenses for any Third-Party Fonts incorporated into a Project.

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

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10. Prohibited Activities
Customers shall use the services provided by HeyFriends solely for lawful purposes and in accordance with the intended use of these services. Specifically, the creative content and materials produced by HeyFriends 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. Customers are prohibited from:

Reselling, redistributing, or otherwise exploiting the services or content created by HeyFriends 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 HeyFriends’ 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.

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

HeyFriends 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.

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12. Oversight
HeyFriends reserves the right to monitor the Services for violations of these Terms of Use and to take appropriate legal action against violations. HeyFriends further reserves the right to restrict or deny access to the Services or disable the Customer’s use of the Services, without notice or liability.

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13. Returns and Refunds
All payments made to HeyFriends 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. HeyFriends 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 customers.

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14. Modifications to Terms of Use
HeyFriends reserves the right to change, alter, modify, or remove any content on the Services at its sole discretion. HeyFriends reserves the right to modify or discontinue all or part of the Services without notice and without liability to the Customer.

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15. Interruptions
may be occasions where service interruptions occur due to factors beyond our control. These may include, but are not limited to, unforeseen circumstances such as team member unavailability, technical difficulties, or external factors impacting our ability to deliver services.

In the event of such interruptions, HeyFriends shall not be liable for any loss, damage, or inconvenience caused by the Customer’s inability to receive the services during these periods. We are committed to minimizing any disruptions and will endeavor to notify Customers of any significant interruptions and resume services as promptly as possible.

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

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17. Limitations of Liability and Indemnification
HeyFriends, its directors, employees, members, contractors, or agents shall not be liable for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, or other damages or losses, arising from Customer’s use of the Services. Customer agrees to defend, indemnify and hold harmless HeyFriends from any loss, damage, liability, claim, or demand due to Customer’s use of the Services.

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18. Customer Data
The Customer is responsible for providing all necessary data and materials required for HeyFriends 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 HeyFriends 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 HeyFriends. In the event of any loss or corruption of data, HeyFriends 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.

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19. Electronic Delivery of Materials
Customer consents to receive electronic communications from HeyFriends and agrees that all agreements, notices, disclosures, and other communications sent electronically satisfy legal requirements for written communication.

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20. Showcasing Work
HeyFriends reserves the right to showcase design work on digital channels unless otherwise agreed upon through a Non-Disclosure Agreement (NDA) to protect sensitive information.

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21. Termination
These Terms of Use remain in effect until terminated by the Customer or HeyFriends. Customers may terminate their agreement in accordance with the cancellation policy outlined in the "Pricing Plans and Refund Policy" section. HeyFriends 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. HeyFriends may also suspend or terminate Customer's access to the Services for any substantial breach of these terms.

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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. HeyFriends will take reasonable steps to ensure a smooth transition and minimize disruption to the Customer's ongoing projects.

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Contact Information
For questions or comments regarding these Terms, please contact:
HeyFriends, LLC
909 W Washington Blvd.
Chicago, IL 60607

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