Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you ("you," "Customer") and Production Central ("Production Central," "we," "us," or "our") and govern your access to and use of the Production Central websites, applications, and services (collectively, the "Service").

By creating an account, clicking "I agree," or otherwise accessing or using the Service, you agree to be bound by these Terms and our incorporated policies, including the Privacy Policy and the Acceptable Use Policy. If you do not agree, you may not use the Service.

1. Eligibility and accounts

You must be at least 18 years old, or the age of majority in your jurisdiction, and able to form a binding contract to use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

You are responsible for the activity that occurs under your account and for keeping your credentials confidential. Notify us promptly at [email protected] if you suspect unauthorized use of your account.

2. The Service and license to use it

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal purposes during the term of your subscription.

We may update, enhance, or modify the Service from time to time. We will not materially reduce the core functionality of a paid plan during a paid term without notice.

3. Subscriptions, plans, fees and billing

• Paid plans are billed in advance on a recurring (monthly or annual) basis unless stated otherwise at checkout.
• Unless you cancel before the renewal date, subscriptions renew automatically for successive periods of the same length at the then-current rate.
• Fees are exclusive of taxes; you are responsible for applicable taxes, levies, or duties.
• Except as required by law or as stated in our Refund & Cancellation Policy, fees are non-refundable.

We may change our prices upon notice; changes take effect at the start of your next billing period.

4. Free plans, trials, and beta features

We may offer free plans or trial periods. We may modify or discontinue free offerings at any time. Beta or "early access" features are provided "as is," may be changed or withdrawn, and are excluded from any service-level or support commitments.

5. Your content and ownership

You retain all rights in the data, files, and materials you submit to the Service ("Customer Content"). You grant us a worldwide, non-exclusive license to host, store, process, transmit, and display Customer Content solely as needed to provide, secure, and improve the Service and as instructed by you.

You are solely responsible for your Customer Content and for having the necessary rights and permissions to use it with the Service.

6. Acceptable use

Your use of the Service must comply with our Acceptable Use Policy, which is incorporated by reference. We may suspend or terminate access for violations.

7. Intellectual property and feedback

The Service, including its software, design, and trademarks, is owned by Production Central and its licensors and is protected by intellectual-property laws. These Terms grant you no rights other than the limited license described above.

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

8. Third-party services

The Service may interoperate with third-party products or integrations. Your use of those services is governed by their own terms, and we are not responsible for them.

9. Confidentiality

Each party may access the other's non-public information. The receiving party will use it only to perform under these Terms and will protect it with at least reasonable care, except where disclosure is required by law.

10. Warranties and disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA. EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You will defend, indemnify, and hold harmless Production Central from third-party claims arising out of your Customer Content or your breach of these Terms, to the extent permitted by law.

13. Term, termination, and suspension

These Terms remain in effect while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, fail to pay fees, or create risk or legal exposure for us.

Upon termination, your right to use the Service ends. We will make Customer Content available for export for a limited period as described in our Privacy Policy and Data Processing Addendum, after which we may delete it.

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by email or in-product). Your continued use after the changes take effect constitutes acceptance.

15. Governing law and disputes

These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in California, except that either party may seek injunctive relief in any court of competent jurisdiction.

16. General

These Terms, together with the policies referenced in them, are the entire agreement between the parties. If any provision is unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control (force majeure).

Questions about these Terms? Contact us at [email protected].