Terms and Conditions

These Terms and Conditions ("Terms") form a binding agreement between you and IndieHeart LLC ("IndieHeart," "we," "us," or "our") concerning your access to and use of indieheart.film and its content, forms, demonstrations, and related online features (collectively, the "Site"). By accessing or using the Site, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Site.

You must be at least 18 years old and legally able to enter into contracts to submit a service request or engage IndieHeart. If you use the Site for a company or other organization, you represent that you have authority to bind that organization to these Terms. The Site is intended for lawful, professional, and informational use.

Site descriptions are general summaries and do not guarantee availability, scope, timing, price, deliverables, or results. A message, consultation, form submission, or quote request does not create a client, fiduciary, partnership, employment, agency, or confidential relationship. A service engagement begins only when IndieHeart and the client execute an applicable proposal, statement of work, service agreement, or other written engagement document (a "Project Agreement").

Project Agreements may include additional or different provisions concerning scope, revisions, approvals, payment, intellectual property, confidentiality, data handling, credits, publicity, cancellation, and dispute resolution. If a Project Agreement conflicts with these Terms concerning paid services, the Project Agreement controls.

Unless a written quote states otherwise, quotes are estimates based on information available when prepared and may change if scope, assumptions, source materials, schedule, deliverables, revision rounds, third-party costs, or technical requirements change. Fees, deposits, taxes, expenses, payment milestones, late charges, refund eligibility, cancellation rights, and ownership transfer are governed by the applicable Project Agreement. IndieHeart is not obligated to begin work until required documents and payments are received.

Some IndieHeart services use proprietary or third-party artificial-intelligence-assisted workflows under human creative direction. AI-assisted outputs can contain inaccuracies, artifacts, similarities, omissions, or unexpected material and may require review, editing, clearance, or additional production work. Unless a Project Agreement expressly states otherwise, concepts, previews, simulations, forecasts, and demonstrations are not guarantees of final quality, uniqueness, legal clearance, commercial performance, financing, distribution, festival acceptance, or audience response.

Clients remain responsible for reviewing and approving final deliverables and obtaining any legal, guild, union, talent, music, trademark, copyright, privacy, publicity, or other clearances not expressly assigned to IndieHeart in writing. No Site content or AI-assisted output is legal, tax, accounting, investment, or financial advice.

You retain ownership of materials you submit. You grant IndieHeart a limited, nonexclusive permission to access, reproduce, adapt, transmit, and otherwise use submitted materials only as reasonably necessary to respond to your request, evaluate a potential engagement, provide agreed services, secure our systems, and comply with law. A Project Agreement may provide more specific permissions and restrictions.

You represent and warrant that:

• you own or have all rights and permissions required to submit and authorize use of the materials;
• the materials and our authorized use will not violate intellectual-property, privacy, publicity, contractual, confidentiality, or other rights;
• the materials do not contain unlawful, malicious, deceptive, or technically harmful content; and
• information you provide is accurate and not misleading in any material respect.

Do not submit trade secrets or highly sensitive or confidential information through a public form. Confidentiality obligations arise only under an applicable written agreement or duty imposed by law.

The Site and its design, text, graphics, artwork, videos, software, interfaces, branding, logos, demonstrations, methodologies, and other content are owned by IndieHeart or its licensors and are protected by intellectual-property and other laws. Subject to these Terms, IndieHeart grants you a limited, revocable, nonexclusive, nontransferable license to access and view the Site for your personal or internal business evaluation.

You may not copy, scrape, republish, sell, license, distribute, modify, frame, mirror, reverse engineer, create derivative works from, remove rights notices from, or commercially exploit Site content except with IndieHeart's prior written permission or as permitted by law. "IndieHeart" and associated branding may not be used without prior written permission.

You may not use the Site to:

• violate any law, regulation, contract, intellectual-property right, privacy right, or other right;
• submit unlawful, infringing, defamatory, fraudulent, harassing, hateful, exploitative, or harmful material;
• impersonate another person, misrepresent affiliation, or submit false or misleading information;
• introduce malware, probe vulnerabilities, bypass access controls, disrupt service, or interfere with another user's access;
• use automated systems to extract content or data at scale without written authorization;
• attempt to discover source code, models, prompts, system architecture, security controls, or nonpublic proprietary methods except where a restriction is prohibited by law; or
• use Site content or demonstrations to build, train, benchmark, or improve a competing product or model without written authorization.

Information about film financing, projections, forecasting, investors, grants, tax incentives, distribution, market performance, or fundraising is general and educational. IndieHeart is not a broker-dealer, investment adviser, lender, law firm, accounting firm, or guarantor of financing. Nothing on the Site is an offer to sell or solicitation to buy securities. Results depend on many factors outside IndieHeart's control, and you should consult qualified legal, tax, accounting, and financial professionals before acting.

The Site may display, embed, or link to third-party websites, media, tools, platforms, or services. IndieHeart does not control and is not responsible for their availability, content, security, accuracy, terms, or privacy practices. Your use of third-party services is governed by the provider's terms. A link or integration does not imply endorsement unless expressly stated.

To the fullest extent permitted by law, the Site is provided "as is" and "as available." IndieHeart disclaims all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, availability, security, and freedom from harmful components. We do not warrant that the Site will be uninterrupted, error-free, or that defects will be corrected.

Some jurisdictions do not allow certain warranty exclusions, so portions of this section may not apply to you.

To the fullest extent permitted by law, IndieHeart and its officers, employees, contractors, affiliates, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, data, goodwill, opportunities, financing, or business interruption; or damages arising from your use of or inability to use the Site, even if advised of the possibility.

To the fullest extent permitted by law, IndieHeart's aggregate liability arising from the Site or these Terms will not exceed the greater of one hundred U.S. dollars (US $100) or the amount you paid IndieHeart specifically for access to the Site during the six months before the event giving rise to the claim. Liability arising from paid services is governed by the applicable Project Agreement. Applicable law may provide rights that cannot be limited or waived.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless IndieHeart and its officers, employees, contractors, affiliates, and licensors from claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys' fees arising from your violation of these Terms, unlawful use of the Site, submitted materials, or infringement or violation of another person's rights. IndieHeart may control the defense of an indemnified matter, and you agree to cooperate reasonably.

We may restrict or terminate Site access, remove submissions, or take protective action when we reasonably believe use violates these Terms, threatens Site security, infringes rights, creates legal exposure, or disrupts others. Provisions that by their nature should survive termination—including intellectual-property, disclaimer, liability, indemnification, and dispute provisions—will survive.

Unless a Project Agreement states otherwise, these Terms are governed by the laws applicable at IndieHeart LLC's principal place of business, without regard to conflict-of-law principles. Any dispute not resolved informally will be brought in a court of competent jurisdiction serving that location, unless applicable consumer law requires another forum. Before filing a claim, each party agrees to provide written notice and make a good-faith effort to resolve the dispute for at least 30 days. Nothing in this section prevents either party from seeking urgent injunctive relief or using an eligible small-claims procedure.

We may update these Terms to reflect changes in the Site, services, risk, or law. The "Last updated" date identifies the current version. Material changes apply prospectively unless law permits otherwise. Continued use of the Site after updated Terms become effective means you accept the revised Terms.

Questions about these Terms may be sent to IndieHeart LLC at info@indieheart.film.