Dramatify Terms of service for Business Account
Last updated 21 May 2018
These terms of service for a business account at Dramatify is an agreement between your production company and Dramatify, which is a company incorporated in Sweden. These terms of service govern the use of the service that is made available by Dramatify through dramatify.com. If you or the production company does not agree to be bound by these terms, neither you or the production company can use or access our service.
If you intend to host a production at Dramatify, you will also need to read and agree to our personal account terms, even if you only intend to administer the business account and not otherwise use the service or participate in a production.
Each production company may start one or several production accounts that we call a production. The production account is where all content and users can be found, while the business account is solely used for invoicing.
These terms may be updated and changed by Dramatify without any prior written notice by posting a new version of the terms here at https://dramatify.com/terms where you always find the most current version. It is the obligation of each administrator (see clause 1 below) and production company to be updated on any change of these terms.
However, we strive to post any major term updates and changes to our blog. Any new features, including new tools and resources, are also subject to these terms. If you continue to use the service after any changes to these terms have been posted, you and the production company consent to them.
If you have any questions about the terms, please send them to firstname.lastname@example.org.
Administration of the Business Account
1. The business account is opened by you as a user representing a production company, with the mandate to enter into business agreements for that production company. By opening a business account you are designated as the administrator of the business account.
2. You may – in fact, we encourage you to – add other users as co-administrators for the business account or a production. Each of these users is, for the purpose of these terms, to be seen as an administrator and will represent and bind the production company in the same way you do.
3. Each business account must have at least one user as an administrator. This means that if you are the sole administrator and delete your personal account, no one in your production company will be able to access or administer your business account and associated productions. If you as a Business Account Administrator, for some reason, want to delete your personal account, please make sure to add another user as an administrator to the Business Account and associated productions. It is prudent to have at least two administrators for each business account and associated production.
4. An administrator may start one or several productions on behalf of the production company. The first time you start a production, required billing information must be submitted, and the production company will be charged in accordance with the current price list.
When you add further productions, you choose the type of production and the number of users you want to start with and create a new production. You can also select an Unlimited Plan that allows you to run an unlimited number of productions on Dramatify. We will send an invoice to your stated invoice address as per the current price list, and your chosen payment plan and payment period.
5. You may invite other users to your productions and decide what information related to the production they shall have access to. For the avoidance of doubt, Dramatify does not accept any liability towards the production company (or a third party) for any damage that occurs due to the fact that a user misuse or leak information, or upload information (or other content) that damage the production company.
6. The administrator may at any time during a production upgrade or downgrade the number of users to the production. After having notified Dramatify of an upgrade or downgrade it may be carried through by invitation of new users or cancelling access for existing users. Downgrading (i.e. removing users) will cause the loss of content or capacity of your production as all content, roles, contributions etc. connected to these users will be deleted. When upgrading, you can immediately start to add new users. When downgrading, your monthly bill will be adjusted to correspond to the downsized number of users at the next billing period.
Responsibility for uploaded information
7. The production company and the administrator are each liable for any and all content posted on the business account (and its productions), that includes, for the avoidance of doubt, all information posted by users assigned to a production (“user content”). The production company and the administrator are, in addition, each obligated to notify Dramatify regarding any suspected breach of the provisions in these terms.
8. Each user has undertaken not to use the service for any illegal or unauthorized purpose; this, however, does not limit the production company’s responsibility (as set out in these terms) for information posted in the business account or any production account.
9. All content posted in the business account or any production must at least comply with the copyright laws within the EU. No content may be uploaded that is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or is uploaded in violation of a party’s intellectual property rights.
10. Dramatify does not pre-screen any content posted or uploaded to the service. However, Dramatify and anyone designated by Dramatify have the right (but not the obligation) to refuse any posted content, or immediately remove content and accounts (both personal and business) that contains content that Dramatify determines as unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or is uploaded in violation of a party’s intellectual property or these terms. If Dramatify removes any content, it is in no way limiting the liability of the administrator and the production company in relation to the uploading or posting of such content.
11. The production company is charged monthly, quarterly or yearly for each production depending on the selected payment plan and number of users that, in increment batches, may be invited by the administrator(s) to the production in accordance with the, from time to time applicable, price list.
12. If there are several productions connected with a business account, each production is charged individually, meaning that a production company may be invoiced several times a month, unless an Unlimited Plan is selected.
13. Fixed Plan accounts and Unlimited plan accounts are invoiced at sign up with the selected number of user seats. The “Pay as you go” plan (that is being phased out) is charged after 30 days on the maximal number of users during the period.
14. Payment is due within seven (7) days after the invoice date unless otherwise agreed in an exclusive agreement or an enterprise contract. If due payment has not taken place within thirty-one (31) days after the invoice date, the production will be blocked. The production account can immediately be unlocked by proof of payment. In case all payments due have not been made within sixty (60) days from the original payment date, Dramatify may cancel the business account and all of its productions, implying all information will be lost.
15. Any changes to the price list will be notified at least thirty (30) days in advance. Notification is made through the service, by posting on the Dramatify blog, or by email.
Taxes, non-refundable charges etc.
16. All fees stated in the price list are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the production company is liable for payment of all such taxes, levies, or duties. For the avoidance of doubt, it is the responsibility of the production company to at all time keep itself updated with current tax and VAT legislation.
17. Dramatify follows EU VAT legislation which is stated in detail in our VAT regulations.
Cancelling and deletion by the Production Company of its Business Account and its productions
18. The normal way to end a production and the invoicing of a production is to cancel the production by archiving it. This means that all information connected to the account is saved but will be inaccessible to both business account administrators and production members.
Upon an emailed request, the production can later be unarchived and made accessible just as it was before archiving.
19. When a production is archived the following happens with payments:
- For Fixed Plans and Unlimited plans, if cancellation is done before the end of a month, such cancellation will take effect immediately and the production company will not be charged again.
- For productions with “Pay as you go” Plans (which are being phased out) the current 30 day period will be invoiced, then cancellation will take effect immediately and the production company will not be charged again.
- Enterprise plans are cancelled according to the offer/contract agreement.
20. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an active production.
21. Upon request, and if reasonably possible, Dramatify may offer a production company to purchase a copy of all material uploaded to its productions and in the business account. Note that this is in the format of a database dump.
22. It is also possible to delete all production information as well as the Business Account. To do so, please contact the Dramatify sales team.
For security reasons, we will send a confirmation email to the address provided to us in the production company account settings. In order to finalise the cancellation process (and thus deleting all information stored on production account), you need to reply to the email.
It shall be noted that in case a production is deleted, all information in the production will be lost. By deleting a production or the business account, instead of archiving it, you (on behalf of the production company) agree to that all information in relation to the production(s) is deleted and you further acknowledge that such information is not recoverable.
23. The production company, being the personal data controller of all information that is provided to the production company through the service, hereby appoints Dramatify as its personal data processor in accordance with the European General Data Protection Regulation.
24. The production company and the administrator warrant that all data relating to a living individual who is or can be identified (through “personal data”) that is posted to Dramatify, is posted with consent from each individual and that such consent covers that Dramatify will be the processor of personal data. Such consent is necessary for the individual to give in order to accept your invitation to participate in your production on the Dramatify service. (See an example of the consent).
Production companies that select an Unlimited Plan can, in addition, also post legal consent terms of their own that the individual needs to accept in order to participate in your production on the Dramatify service.
25. Dramatify warrants that it will, being the personal data processor, process all personal data in accordance with the instructions given by the production company and in accordance with the General Data Protection Regulation.
If Dramatify is of the opinion that an instruction is in breach of the General Data Protection Regulation, Dramatify may choose to not follow the instruction. Dramatify will take all necessary security measures, and is not obligated to take any security measures other than required by the General Data Protection Regulation without a special fee being imposed on the production company.
26. It shall be noted that if any personal data provided to the production company in any way is processed outside of Dramatify (if, for instance, a copy is made by the production company) consent for such processing must be given to the production company by each user (for the avoidance of doubt, the mandatory consent that each user have to give in order to join a production does not cover such processing).
27. It is strictly forbidden to ask for, or otherwise collect or process personal data, if not necessary in order to manage a production and/or business account. It is also strictly forbidden to process any personal data for other reasons or in other ways than those explicitly stated to each user.
28. In case the assets of Dramatify will be subject to transfer, all personal data will be included in such transfer, to the extent Dramatify receives formal assurance from the purchaser that the purchaser will uphold and fulfil all duties as the processor of personal data.
Status of, and modification to, the service
29. The use of the service is at your and the production company’s own risk and the service is provided on an, from time to time, “as is” and “as available” basis.
30. Technical support is mainly available through self-service in the Frequently Asked Questions section on dramatify.com/faq. Personal technical support is only available in relation to an ongoing production and through email, unless an enterprise agreement is signed whereby individual terms are negotiated for each enterprise customer.
31. Dramatify uses third-party subcontractors, vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service.
32. Technical processing and transmission of the service, including user content and the production company’s intellectual property, may be transferred unencrypted and involve transmissions over various networks; and may change to conform and adapt to technical requirements of connecting networks or devices.
33. Dramatify reserves the right at any time and from time to time to modify and temporarily take down the service for maintenance, with or without prior notice. However, we strive to inform all users and business account and production administrators in particular, of any planned modifications or outages due to maintenance. Dramatify strives to deploy these with as little downtime as possible.
34. If the service (including the archiving service) for some reason is being discontinued or shut down, personal, productions and business account holders will get at least 90 days notification time. In this case, Dramatify is under no obligation to provide any back-up (or archiving service) of material uploaded to the service (whether the material is uploaded by the administrator or any user connected to the business account).
35. Dramatify does in no way warrant, in case of system failure or otherwise, that any personal user or production company will be able to recover any data or information uploaded. However, Dramatify will use its reasonable best endeavours to see that all data is securely stored and that at least one backup copy is available.
The right of Dramatify to suspend, transfer or terminate the service
37. Dramatify has the right to immediately suspend or terminate both the business account and the personal account of any administrator and refuse any and all current or future use of the service due to a breach of these terms or the terms of service for personal accounts, by the production company or the administrator.
38. The termination or suspension according to Clause 39 will result in the deactivation of both your personal account and the business account including loss of access to, and content in, these accounts.
39. The production company may not assign or transfer any of its rights or obligations under this Agreement. Dramatify may assign or transfer, as the case may be, all or any part of its rights or obligations under this Agreement in relation to an asset sale by Dramatify and in such case each reference to Dramatify shall be a reference to the successors, permitted assignees and transferees of Dramatify.
Liability, warranties etc.
40. If a breach by the production company (or of its administrator(s)) of its obligations under these terms leads to damage for Dramatify, the production company shall indemnify Dramatify for such damage.
41. We strive to make Dramatify the best service you can possibly get. However, we do not warrant that the service will meet your specific requirements, that the service will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the service will be accurate or reliable, that the quality of any products, services, information, or other material obtained by you through the service will meet your expectations, or that any errors in the service will be
42. You understand and agree that Dramatify shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
i. the use or the inability to use the service, including, for the avoidance of doubt
ii. any loss of data due to the downgrade of a production;
iii. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
iv. unauthorized access to or alteration of your transmissions or data;
v. statements or conduct of any third party on the service, and
vi. or any other matter relating to the service.
43. If Dramatify fails to exercise or enforce any right or provision of these terms it shall not constitute a waiver of such right or provision. The terms (together with the personal account terms) constitutes the entire agreement between yourself (including the production company) and Dramatify, and govern your use of the service, superseding any prior agreements between us (including, but not limited to, any prior versions of the terms).
44. Dramatify shall be released from liability in damages and other sanctions where the performance of a specific obligation is prevented or rendered onerous due to circumstances beyond the control of Dramatify and such circumstance(s) could not reasonably have been foreseen. Such force majeure events include, inter alia, labour conflicts, lightning, fire, decisions of public authorities or other public regulations, errors in another operator’s network, delays in services from subcontractors due to events as stated above, general scarcity of transport, goods, or energy, or other similar circumstances.
Governing law and jurisdiction
45. These terms are construed in accordance with and governed by the laws of Sweden, without reference to the choice and conflict of law provisions thereof.
46. All disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the public courts in Sweden with Stockholm district court (Stockholms tingsrätt) as the first instance.