Terms of Service

2. Description of Service

ReelStorage is a professional media asset management platform designed for film and media production companies, post-production studios, and creative professionals. The Service provides:

• Secure cloud storage for media assets (images, videos)
• Project-based organization with folders and collections
• AI-powered features including face detection and recognition for asset organization
• Talent approval workflows enabling review and approval of production media
• Collaboration tools for teams and organizations
• Secure sharing and download capabilities
• API access for integrations (subject to plan limits)

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws

Talent Portal Exception: Individuals under 18 may access the talent approval portal when such access is facilitated by a production company that has appropriate contractual arrangements with the minor's legal guardians or representatives, as is standard in the entertainment industry.

4. Account Registration

4.1 Account Creation

To access most features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

4.2 Organizations

Accounts may be associated with organizations. Organization owners and administrators may invite additional members, assign roles, and manage access permissions. You are responsible for the activities of all users you invite to your organization.

5. Subscriptions and Payment

5.1 Subscription Plans

The Service is offered through various subscription tiers with different features and storage limits. Current plans and pricing are available on our website.

5.2 Free Trials

We may offer free trial periods for certain subscription plans. Free trials are subject to the following:

• Trial periods are for evaluation purposes and may be limited in features or duration
• We reserve the right to modify or discontinue trial offers at any time
• At the end of your trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends

5.3 Billing and Auto-Renewal

AUTOMATIC RENEWAL NOTICE: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU WILL BE CHARGED THE THEN-CURRENT SUBSCRIPTION PRICE UNLESS YOU CANCEL BEFORE THE END OF YOUR CURRENT BILLING PERIOD.

Subscriptions are billed in advance on a monthly basis. By subscribing, you:

• Acknowledge that your subscription has an automatic renewal feature
• Authorize us to charge your payment method on a recurring basis at the start of each billing period
• Understand you may cancel at any time through your account settings or by contacting [email protected]

We will send a reminder email before each renewal. Price changes will be notified at least 30 days in advance and will take effect at your next renewal date.

5.4 Payment Processing

Payments are processed securely through Stripe, Inc. By providing payment information, you agree to Stripe's Terms of Service.

5.5 Refunds

Refunds are considered on a case-by-case basis at our discretion. New subscribers may request a refund within 14 days of their initial subscription if they are dissatisfied with the Service. To request a refund, please contact [email protected] with details about your request. We are not obligated to provide refunds for:

• Partial months of service after the initial 14-day period
• Unused features or storage within your subscription tier
• Downgrade differences between subscription levels

5.6 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation:

• Your subscription will remain active until the end of the current billing period
• You will retain access to your data during this period
• After your subscription ends, your account will be downgraded and data may be subject to deletion per our retention policies

6. Content and Intellectual Property

6.1 Your Content

"Your Content" means any media files, data, text, or other materials you upload, store, or transmit through the Service. You retain all ownership rights to Your Content.

By uploading Your Content, you grant us a limited license to:

• Store, process, and display Your Content to provide the Service
• Create thumbnails, previews, and optimized versions for platform functionality
• Process Your Content through our AI features (face recognition, metadata extraction)
• Share Your Content with users you authorize (team members, talent via access codes)

This license is non-exclusive, worldwide, royalty-free, and limited to what is necessary to operate the Service. We do not claim ownership of Your Content.

6.2 Responsibility for Content

You represent and warrant that:

• You own or have the necessary rights to Your Content
• Your Content does not infringe any third-party intellectual property rights
• You have obtained appropriate releases, consents, or contractual rights from individuals depicted in Your Content
• Your Content complies with all applicable laws, including those governing the use of likeness, publicity rights, and child labor (for content featuring minors)

6.3 ReelStorage Intellectual Property

The Service, including its design, features, code, and branding, is owned by K5 Labs, LLC and protected by intellectual property laws. ReelStorage, the ReelStorage logo, and related marks are trademarks of K5 Labs, LLC. You may not copy, modify, distribute, sell, or lease any part of our Service or use our trademarks without written permission.

6.4 AI-Generated Data

Data generated by our AI features (such as facial embeddings, face clusters, and automated tags) is derived from Your Content and remains associated with your organization. This derived data is deleted when the source content is permanently deleted.

6.5 Biometric Data Compliance

Our face recognition features process biometric identifiers from Your Content. By using these features, you represent and warrant that:

• You have obtained all necessary consents, releases, or contractual rights required under applicable biometric privacy laws, including but not limited to the Illinois Biometric Information Privacy Act (BIPA), Texas Capture or Use of Biometric Identifier Act (CUBI), and Washington's biometric privacy law (RCW 19.375)
• You have provided required disclosures to individuals whose biometric data will be processed
• You will not use the face recognition features on content where required consents have not been obtained
• For content subject to BIPA, you have obtained written informed consent from individuals before uploading media containing their biometric identifiers

You agree to indemnify us against any claims arising from your failure to obtain required biometric consents (see Section 14).

6.6 Data Export

You may export Your Content at any time during your active subscription using our export features or API. Upon termination or cancellation:

• You will have 30 days to export Your Content before deletion
• Exported data will include original media files and associated metadata in standard formats (JSON for metadata, original format for media)
• Facial recognition data (embeddings) is not exportable due to its proprietary format but will be deleted with Your Content

7. Talent Approval Workflow

7.1 Access Codes

Organizations may create access codes to allow talent (individuals depicted in production media) to review and approve or reject specific assets. These access codes:

• Are created and managed by the organization
• Provide limited access only to specified assets
• May have expiration dates and usage limits
• Can be revoked by the organization at any time

7.2 Talent Rights and Responsibilities

Talent accessing the platform via access codes acknowledge that:

• Their access is provided by and subject to their agreement with the production company
• Approval or rejection decisions are communicated to the production company
• They do not gain any ownership rights to the media assets
• Their use of the platform is subject to these Terms

7.3 Organization Responsibilities

Organizations using the talent approval feature are responsible for:

• Ensuring they have appropriate contractual rights with talent
• Complying with applicable entertainment industry regulations
• Managing access codes responsibly and revoking access when appropriate
• Handling minor talent in accordance with child labor laws and guardian consent requirements

8. Acceptable Use

You agree not to use the Service to:

• Upload, store, or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Upload content depicting child sexual abuse or exploitation
• Infringe upon intellectual property rights of others
• Violate the privacy or publicity rights of any person
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Use the Service for any unlawful purpose
• Resell or redistribute the Service without authorization
• Use automated means to access the Service without permission

Production Content Exception: The above restrictions do not apply to legitimate film, television, or media production content that depicts fictional violence, mature themes, or other material that would be objectionable outside a professional production context, provided such content is lawfully produced, you have appropriate rights to it, and it does not violate applicable law.

We reserve the right to remove content and suspend or terminate accounts that violate these terms.

8.1 API Use

If you access the Service via our API, you additionally agree to:

• Comply with any rate limits and usage guidelines we publish
• Not use the API to build a competing service
• Not circumvent any access controls or usage limits
• Keep API credentials confidential
• Not share API access with unauthorized third parties

We reserve the right to throttle or suspend API access that degrades service for other users or violates these terms.

9. Third-Party Services

The Service integrates with third-party services including Stripe (payments), cloud storage providers, and AI processing services. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.

10. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Data Processing Agreements: For organizational customers requiring a Data Processing Agreement (DPA) for GDPR or other regulatory compliance, we provide a standard DPA upon request. Contact [email protected] to request our DPA.

11. Service Availability

11.1 Uptime Target

We target 99.9% uptime for the Service, excluding scheduled maintenance. Scheduled maintenance will be announced at least 48 hours in advance when possible and scheduled during low-usage periods (typically weekends, late night Pacific Time).

11.2 Service Credits

In the event of extended unplanned downtime exceeding 24 consecutive hours, affected customers on paid plans may request a pro-rata service credit for the affected period by contacting [email protected] within 30 days of the incident.

Service credits are your sole remedy for downtime and shall not exceed one month's subscription fees per incident. Aggregate credits in any 12-month period shall not exceed three months' subscription fees. Service credits do not apply to downtime caused by:

• Scheduled maintenance
• Force majeure events
• Your actions or equipment
• Third-party service provider outages beyond our control

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE FOLLOWING SPECIFIC DISCLAIMERS ALSO APPLY:

• Accuracy of AI features: Face recognition and other AI features may produce errors, false positives, or false negatives. You are responsible for verifying results before relying on them.
• Continuous availability: While we target high availability (see Section 11), we do not guarantee uninterrupted access to the Service.
• Data preservation: While we implement security measures and redundancy, we cannot guarantee against data loss. You are responsible for maintaining backups of critical content.
• Third-party services: We are not responsible for the availability, accuracy, or reliability of third-party services integrated with the Service.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, K5 LABS, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE THOUSAND DOLLARS ($1,000).

These limitations apply to damages resulting from: unauthorized access to or alteration of your content; any third-party conduct or content on the Service; and any other matter relating to the Service.

Some jurisdictions do not allow certain limitations of liability. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

14. Indemnification

14.1 Your Indemnification of Us

You agree to indemnify, defend, and hold harmless K5 Labs, LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your Content
• Your violation of these Terms
• Your violation of any rights of a third party
• Claims by individuals depicted in Your Content regarding privacy, publicity, biometric data, or related rights
• Your failure to obtain required consents for biometric data processing

14.2 Our Indemnification of You

We will indemnify and defend you against third-party claims alleging that the Service (excluding Your Content) infringes any valid patent, copyright, or trademark, provided you:

• Promptly notify us in writing of the claim
• Give us sole control of the defense and settlement
• Provide reasonable cooperation at our expense

If the Service becomes subject to an infringement claim, we may at our option: (a) obtain the right for you to continue using it, (b) modify it to be non-infringing while maintaining substantially equivalent functionality, or (c) terminate your subscription and refund prepaid fees for the remainder of the term.

We have no obligation for claims arising from: Your Content; modifications you make to the Service; combination of the Service with third-party products not provided by us; or use of the Service outside the scope of these Terms.

15. Termination

15.1 Termination by You

You may terminate your account at any time by contacting support or using the account deletion feature in your settings.

15.2 Termination by Us

We may terminate your account if:

• You materially violate these Terms
• Your use poses a security risk to the Service or others
• We are required to do so by law
• Your account has been inactive for an extended period (12+ months), provided we send notice to your registered email at least 30 days before termination

15.3 Suspension

We may suspend (rather than terminate) your access to the Service:

• For non-payment after 7 days past due, with prior written notice
• Immediately if we reasonably believe your use violates these Terms or poses a security risk
• As required by law or legal process

During suspension, Your Content will be preserved but inaccessible. We will attempt to notify you before or promptly after suspension (unless prohibited by law). Access will be restored upon resolution of the issue causing suspension.

15.4 Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases
• You will have 30 days to export Your Content (see Section 6.6)
• Your Content will be deleted after a 30-day recovery period (unless the account belongs to an active organization)
• Provisions that by their nature should survive will remain in effect (including Sections 6, 12, 13, 14, and 16)

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

16.2 Informal Resolution

Before initiating formal proceedings, you agree to contact us at [email protected] to attempt to resolve any dispute informally. We will work in good faith to resolve disputes within 30 days.

16.3 Arbitration Agreement

If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by JAMS under its Streamlined Arbitration Rules. Arbitration shall take place in Sacramento County, California, or remotely at your election.

Arbitration Costs: Each party shall bear its own attorneys' fees. JAMS filing and administration fees shall be split equally between the parties, except that we will pay your share if it would create an undue financial hardship.

Class Action Waiver: You agree to resolve disputes with us on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16.4 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

17. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms with a new effective date
• Sending email notification to account holders for significant changes
• Providing at least 30 days' notice before material changes take effect

Your continued use of the Service after changes become effective constitutes acceptance. If you do not agree to the modified Terms, you must stop using the Service before the changes take effect.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Order Forms or Statements of Work, constitute the entire agreement between you and K5 Labs, LLC regarding the Service.

18.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

18.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction, including in connection with a merger, acquisition, or sale of assets.

18.5 Force Majeure

Neither party shall be liable for delays or failures in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, pandemic, internet or telecommunications failures, or third-party service provider outages.

18.6 Notices

We may provide notices to you via email to the address associated with your account, or by posting on the Service. You may provide notices to us at the contact information in Section 19.

19. Contact Information

For questions about these Terms, please contact us:

K5 Labs, LLC
1401 21st Street Suite R
Sacramento, CA 95811, United States

General Support: [email protected]
Privacy/DPA Requests: [email protected]
Legal Notices: [email protected]