Terms of Service

1. Agreement to These Terms

These Terms of Service ("Terms") are a legally binding agreement between you and Smith Robinson Multimedia LLC ("DISKO," "Company," "we," "us," or "our"). They govern your access to and use of:

• the websites at disko.media and any other site or subdomain we operate;
• DISKO Cloud — the hosted media library, review, collaboration, client portal, showcase, site-builder and related features, whether you use them through a browser or through the desktop application;
• every public page produced by the Service — review links, showcases, client portals, portfolio video pages, embedded players, and sites built with DISKO;
• the integrations and companion tools we distribute, including the Google Drive integration and our extensions and panels for third-party editing applications; and
• our licensing, activation and update services for the desktop application

(together, the "Service"). Your use of the DISKO desktop application itself is governed by the End-User License Agreement ("EULA"). If these Terms and the EULA conflict about the desktop application, the EULA controls; for everything else, these Terms control. Our Privacy Policy explains how we handle personal information and is incorporated into these Terms.

By creating an account, purchasing a license or subscription, installing our software, or accessing or using any part of the Service — including opening a link someone shared with you — you agree to these Terms. If you do not agree, do not use the Service.

2. Changes to These Terms

We may update these Terms from time to time. When we do, we will change the "Last updated" date above, and for material changes we will give you reasonable advance notice by email or by a prominent notice within the Service. Changes take effect on the date stated in the notice or, if none is stated, when posted. Your continued use of the Service after a change takes effect means you accept the updated Terms. If you do not accept a change, you must stop using the Service and, if applicable, cancel your subscription before the change takes effect.

3. Eligibility

You must be at least 16 years old and able to form a binding contract to use the Service. The Service is designed for professional and creative use and is not directed at children. If you use the Service on behalf of a company, studio, agency or other organization, you represent that you have authority to bind that organization to these Terms, and "you" includes both you and that organization.

4. Your Account

Some features require an account. If you create one, you agree to:

• provide accurate, current and complete information and keep it up to date;
• keep your password, license keys and any portal or showcase passwords confidential;
• use the account only for yourself (or the organization you represent) and not share it;
• tell us promptly at security@disko.media if you believe your account has been accessed without authorization; and
• accept responsibility for everything that happens under your account, including actions by people you invite as team members, reviewers or visitors.

We may refuse registration, reclaim usernames, or suspend or close accounts that we reasonably believe are compromised, fraudulent, or in breach of these Terms.

5. The Service, Plans and Software

5.1 DISKO Cloud plans

DISKO Cloud is offered in free and paid plans. The features, storage quotas, bandwidth allowances and other limits of each plan are described on our pricing page at the time you sign up or upgrade and form part of these Terms. In summary: the Free plan provides a limited amount of storage and does not accept synchronization from the desktop application; paid plans add storage, synchronization from the desktop application, and further features; some plans (for example team plans) are available only by arrangement with us. We may change plan features and limits as described in Section 12, and we may enforce limits technically (for example by refusing uploads that would exceed your storage quota).

5.2 The desktop application and licenses

The DISKO desktop application is available (a) under a one-time paid license purchased through the Service, delivered as a license key that you activate in the application, and (b) as an included benefit of certain paid DISKO Cloud subscriptions, for as long as that subscription remains active and paid. The desktop application offers a free trial as described in the EULA. Installation and use of the desktop application, the number of machines you may activate, updates, and the trial are governed by the EULA.

License keys are personal to the purchaser and may not be shared, resold, transferred or published. Activation and periodic validation require an internet connection to our licensing service. Access to the desktop application obtained through a subscription ends when that subscription ends. We may revoke a license key that was obtained fraudulently, paid for with a payment that is later reversed (see Section 12.5), or used in breach of the EULA.

5.3 Evolving product; beta features

DISKO is actively developed. Features may be added, changed, limited, or removed, and some features are offered as beta, preview, experimental or early access ("Beta Features"). Beta Features are provided for evaluation, may be less stable or reliable than the rest of the Service, may change or be withdrawn without notice, and are provided without any warranty or support commitment. We welcome feedback on them (see Section 13.3).

5.4 Availability and support

We will use commercially reasonable efforts to keep the Service available, but we do not guarantee that it will be uninterrupted, error-free or available at any particular time. The Service may be unavailable during maintenance, updates, incidents at our hosting or infrastructure providers, or events beyond our control. Support is provided by email at support@disko.media on a reasonable-efforts basis; some plans include priority support. We do not commit to any particular response or resolution time.

6. Your Content

6.1 Ownership

"Your Content" means everything you upload, synchronize, connect, generate or create through the Service: media files, thumbnails and proxies, metadata, notes, tags, transcripts, face and voice associations, people and client records, screenplays, shot lists, comments, branding, site configurations, and anything else you provide. You keep every right you have in Your Content. We do not claim ownership of it.

6.2 The license you give us

So that we can run the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transcode, resize, generate thumbnails, proxies, filmstrips and waveforms from, index, analyze (including with the AI features described in Section 7), cache, transmit, and display Your Content, and to make it available to the people you choose to share it with — in each case only as needed to provide, secure, maintain and improve the Service and as you direct. This license also lets our infrastructure providers (for example our hosting, storage, database, content delivery and email providers) do these things on our behalf. It ends when you delete the relevant content or your account, except that (a) copies may persist in backups for the period described in our Privacy Policy, (b) content you made public may remain in caches or on third-party sites where it was embedded or shared for a short time after removal, and (c) we may keep content as required by law or to resolve disputes.

We do not sell Your Content, and we do not use Your Content to train artificial-intelligence models that serve other customers.

6.3 You decide what leaves your computer

The desktop application processes your library on your own machine. Nothing is uploaded to DISKO Cloud unless you sign in and choose to sync, share or upload it. Original full-resolution media files are uploaded only when you explicitly choose to send them; ordinary synchronization sends metadata, thumbnails and reduced-size proxies. You are responsible for what you choose to synchronize, upload, connect or share, and for reviewing it before you make it available to others.

6.4 Your responsibilities for Your Content

You represent and warrant, for all of Your Content, that:

• you own it or have all rights, licenses, permissions and releases needed to use it with the Service and to share it in the ways you choose, including from clients, collaborators, performers, musicians, and other rights holders;
• you have obtained every consent and given every notice required from the people who appear or are heard in it — including consent, where the law requires it, to identify them by face or voice, to transcribe what they say, and to record their location (see Section 7.3);
• it does not infringe or misappropriate anyone's copyright, trademark, privacy, publicity, contractual or other rights, and is not defamatory or unlawful;
• it contains no personal information of minors beyond what you are lawfully entitled to process; and
• its use with the Service complies with all laws that apply to you, including those of the places where the people in it live.

You are solely responsible for Your Content and for the consequences of sharing it. We do not pre-screen content, but we may review, remove or restrict access to any content that we reasonably believe violates these Terms or the law, and we may report unlawful content to the authorities.

6.5 Backups and loss of data — please read this

DISKO is a media management and collaboration tool. It is not a backup service and is not a substitute for your own backups. Your desktop library is the source of truth; DISKO Cloud normally holds metadata, thumbnails and proxies rather than your original files. Deleting a file, project, client or library in the desktop application, removing a folder from your library, un-syncing a project, downgrading, cancelling, or deleting your account can permanently remove the corresponding copies, metadata and derived assets from DISKO Cloud — sometimes immediately. Public links that point at removed content will stop working.

You agree to keep independent, verified backups of your original media, project files and any metadata you cannot afford to lose, and you accept that we are not liable for the loss, corruption, deletion or unavailability of Your Content or of any file on your computer, however caused, to the extent permitted by law (see Sections 17 and 18).

6.6 Storage limits, retention and inactivity

Your Content counts against the storage and bandwidth limits of your plan. If you exceed a limit, downgrade, or your paid plan ends, we may refuse new uploads, suspend synchronization, restrict access to content above the limits of your remaining plan, and — after giving you reasonable notice and an opportunity to reduce your usage or export your data — delete content above those limits. We may also delete content in accounts that have been inactive for an extended period, after notice to the email address on the account. Retention periods after deletion, and how long backups persist, are described in our Privacy Policy.

7. AI and Automated Features

7.1 What they are

The Service includes automated and machine-learning features, such as automatic tagging and descriptions of images and video, face detection and recognition, speech transcription and speaker identification, visual similarity and duplicate detection, product and object recognition, search ranking, multi-camera synchronization, rough-cut and script generation, sound-effect suggestions, and other assistive features ("AI Features"). In the desktop application most AI Features run on your own hardware; some features send data to third-party providers as described in Section 8 and in our Privacy Policy.

7.2 They can be wrong — you must check them

AI Features produce automated output. It may be inaccurate, incomplete, out of date, biased, or simply wrong: tags and descriptions may mislabel what is in a frame, faces and voices may be matched to the wrong person or missed, transcripts may contain errors, duplicates may be missed or misidentified, synchronized timelines may be off, and generated scripts, stories or suggestions are starting points, not finished work. You are responsible for reviewing and verifying all AI output before you rely on it, deliver it to a client, publish it, or use it to make a decision. AI output is not legal, accessibility, medical, financial or other professional advice. Transcripts and captions generated by the Service are not certified and do not by themselves satisfy accessibility, broadcasting or regulatory captioning requirements.

7.3 Face recognition, voice identification and biometric laws

Face recognition and speaker identification work by deriving mathematical representations of faces and voices from Your Content. Laws in some places (for example the Illinois Biometric Information Privacy Act and similar laws in other U.S. states and countries) regulate the collection, use, storage and disclosure of such data and may require notice, written consent, a published retention policy, or other steps before it is collected. You are the party who decides to apply these features to the people in your media, and you are solely responsible for determining whether those laws apply to you and for complying with them, including obtaining any required consents before you enable or use these features and honoring any deletion requests from the people concerned. You can turn these features off, and delete a person's data, at any time. Our Privacy Policy describes how this data is handled.

7.4 Automated processing and third-party rights

You may not use AI Features to identify, track or profile people without a lawful basis, to create misleading or deceptive media of real people, or in any way that violates Section 11. Output produced from Your Content belongs to you as between you and us, subject to the rights of any third parties whose material appears in it.

8. Features That Use Your Own AI Provider Account

Some features — for example the story generator in the desktop application and the screenplay co-writer in DISKO Cloud — let you connect your own account with a third-party AI provider (such as Anthropic, OpenAI or Google) by entering an API key you obtained from that provider. When you use such a feature:

• the content you select (which may include transcripts, speaker names, file names, AI-generated descriptions, script excerpts and your instructions) is sent to that provider under your account and processed according to that provider's terms, privacy policy and data-use practices, not ours;
• we are not a party to your agreement with the provider, we do not control what the provider does with the data, and we make no promises about its availability, accuracy, pricing or behavior;
• you are responsible for all charges the provider bills you, for keeping your key secure, and for making sure that sending the selected content to that provider is lawful and permitted by your agreements with clients and others; and
• your key is stored on your own device or in your own browser and is used only to make requests on your behalf; if it is compromised you should revoke it with the provider.

Any statement that the desktop application processes your media locally does not apply to features that you have configured to use a third-party provider.

9. Sharing, Public Pages and Visitors

9.1 You are the publisher

The Service lets you make content available to others: review links, showcases, client portals, portfolio video pages and clean share links, embeddable players, brand kits, and websites built with DISKO ("Public Pages"). When you create a Public Page you are publishing Your Content. You decide what it contains, who can see it, whether it has a password or expiry, and whether downloads are allowed. You are responsible for that decision and for the content of every Public Page you create, in the same way as if you had published it on your own website.

9.2 Links, passwords and expiry

Unless you protect a Public Page with a password, anyone who has its link can open it, and anyone you share it with can pass the link on. Passwords, expiry dates, download switches and domain restrictions on embeds are convenience controls, not security guarantees: they can be defeated by someone who has already opened the content, who records a screen, or who is given the password. Do not use Public Pages for content whose exposure would harm you or others. When you unshare, expire or delete content, copies may persist briefly in content-delivery caches, in browsers that already loaded it, and on third-party sites where it was embedded.

9.3 Visitors, reviewers and guests

People who open a Public Page ("Visitors") do not need an account, and we do not charge them. By opening a Public Page or posting on it, a Visitor agrees to these Terms and to our Privacy Policy. Visitors may not download, copy, record, redistribute or otherwise use content from a Public Page except as the page owner permits and the law allows, and may not post anything on a Public Page that would violate Section 11. Visitors grant the page owner and us a license to store and display their comments, annotations, approvals and other contributions so that the page works as intended; the page owner is responsible for moderating them, and we may remove any contribution at our discretion.

9.4 Embeds and third-party sites

If you embed a DISKO player on another website, or that site fetches our embed information automatically, the content is served from our Service under these Terms while that site's own terms govern the rest of the page. You are responsible for having the right to embed the content there, and we may stop serving an embed that is used in breach of these Terms.

9.5 Custom domains

Where the Service lets you connect your own domain name, you represent that you own or control that domain and are entitled to point it at the Service. You are responsible for your domain registration and DNS configuration. Connecting a domain may require steps on our side, may take time to become active, and may be refused or disconnected if the domain is used in breach of these Terms or if the configuration causes technical or security problems.

9.6 Exported sites you host yourself

If you export a site built with DISKO to host elsewhere, the exported package includes software owned by us. We grant you a non-exclusive, non-transferable license to use that software solely as part of the exported site for your own purposes. You may not extract, modify, redistribute or use it to build other products, and you may not remove any notices it contains. Content you exported remains Your Content and your responsibility.

9.7 Analytics on Public Pages

We collect usage information about Public Pages (such as view counts, approximate location by country, referring sites and playback events) and show it to the page owner. The details are in our Privacy Policy. If you create Public Pages, you are responsible for any notice your own visitors are owed under the laws that apply to you.

10. Integrations and Companion Tools

10.1 Google Drive

If you connect a Google Drive account, you authorize the Service to read the files and folders you select so that it can index them, generate thumbnails and previews, and let you and the people you share with find and open them. Your use of Google Drive remains subject to Google's terms and policies; our use of information received from Google APIs complies with the Google API Services User Data Policy, including its Limited Use requirements, as described in our Privacy Policy. You are responsible for having the right to index and share the Drive content you connect. Google may change or withdraw access at any time, and features that depend on Google may stop working as a result. You can disconnect Google Drive at any time.

10.2 Editing-application extensions and project files

We offer extensions, panels and export formats that work with third-party editing applications such as Adobe Premiere Pro. These tools can create, modify, move, copy, rename or reorganize project files, sequences, bins, media and folders on your computer, and can generate project or timeline files for you to import elsewhere. Their behavior depends on the third-party application, which we do not control and which may change without notice. Save and back up your project before using them, and check the result before you rely on it. We are not responsible for changes to, or loss of, project files or media caused by these tools, by the third-party application, or by the way they interact.

10.3 No affiliation

DISKO is an independent product. It is not affiliated with, sponsored, certified or endorsed by Adobe, Apple, Google, or any camera, software or hardware manufacturer whose products it works with. Their names and marks belong to their respective owners and are used only to identify compatibility.

11. Acceptable Use

You agree not to, and not to allow anyone else to, use the Service to:

• upload, store, share or publish content that is unlawful, defamatory, harassing, threatening, hateful, or that violates anyone's privacy, publicity or intellectual-property rights;
• upload, store or share any material that sexually exploits or endangers minors, or any non-consensual intimate imagery — we remove such material and report it to the authorities;
• create or distribute deceptive or manipulated media of real people, or impersonate any person or organization;
• collect, identify or profile people using face or voice recognition without a lawful basis, or in breach of Section 7.3;
• send spam, unsolicited messages or malicious links through comments, guestbooks, notifications or any other feature;
• probe, scan, or test the vulnerability of the Service, bypass or attempt to bypass any authentication, rate limit, password, access control or usage limit, or access data that is not yours (see Section 15 for how to report a vulnerability responsibly);
• introduce malware or interfere with the integrity or performance of the Service or the infrastructure it runs on;
• scrape, crawl or extract data from the Service by automated means, other than through features we provide for that purpose or with our written permission;
• share, resell, sublicense, rent or otherwise redistribute the Service, license keys, or access to your account;
• reverse engineer, decompile, or attempt to derive the source code of any part of the Service except where the law expressly allows it despite this restriction;
• use the Service, its output or its design to build or train a competing product or service;
• evade a suspension or termination, or help anyone else do so; or
• violate any applicable law, regulation or third-party right.

We may investigate suspected violations and may remove content, suspend features, or suspend or terminate accounts, with or without notice, if we reasonably believe these Terms have been breached.

12. Payments, Subscriptions and Refunds

12.1 Prices and taxes

Prices are shown in U.S. dollars on the pricing page at the time of purchase. Unless stated otherwise, prices exclude sales tax, VAT, GST and similar taxes, which will be added where we are required to collect them; otherwise you are responsible for any taxes that apply to your purchase. Payments are processed by Stripe under its own terms; we do not store your full card details.

12.2 Subscriptions renew automatically

Paid DISKO Cloud plans are subscriptions billed in advance for each billing period (monthly or annually, as you select). Your subscription renews automatically at the end of each period, and your payment method is charged, until you cancel. You can cancel at any time from the billing settings in your account; cancellation takes effect at the end of the current billing period, and you keep paid features until then. Cancelling does not delete Your Content, but content above the limits of the Free plan becomes subject to Section 6.6.

12.3 One-time desktop license

The desktop application license is a one-time purchase. On payment we deliver a license key to the email address you provide; the key and your use of the software are governed by the EULA. The purchase price does not include DISKO Cloud storage or paid cloud plans, which are sold separately.

12.4 Refunds

Subscriptions: fees already paid are non-refundable, and we do not provide refunds or credits for partial billing periods, unused time, unused storage, or plan downgrades, except where the law requires it.

Desktop license: because the desktop application can be fully evaluated during its free trial, license purchases are final. As a courtesy, if you contact billing@disko.media within 14 days of purchase and the license key has not been activated, we will refund the purchase. Where you have a statutory right of withdrawal or refund (for example as a consumer in the European Economic Area or the United Kingdom) nothing in these Terms limits it; by requesting delivery of a license key or starting a subscription immediately, you acknowledge that this may affect your right of withdrawal to the extent the law allows.

12.5 Failed payments and chargebacks

If a payment fails, we may retry it and may suspend paid features until it succeeds. If you dispute a charge with your bank or card issuer that we believe was valid, we may suspend your account, revoke any license key or subscription that the payment covered, and recover any costs the dispute causes us. Please contact billing@disko.media before disputing a charge — most billing issues are quicker to resolve directly.

12.6 Price and plan changes

We may change the price of a subscription with at least 30 days' notice by email; the new price applies from the first billing period after the notice period ends, and you may cancel before then if you do not accept it. We may change the features and limits of any plan, including the Free plan, and may limit, suspend or discontinue the Free plan, with reasonable notice where the change materially reduces what you receive.

13. Intellectual Property

13.1 Ours and our suppliers'

The Service — including its software, design, user interface, documentation, models, data structures, and the text, graphics and other material we provide (but excluding Your Content) — is owned by Smith Robinson Multimedia LLC and its suppliers and licensors, and is protected by copyright, trademark and other laws. The Service includes third-party and open-source components licensed to us; those components remain the property of their owners, may be used only as part of the Service, and are subject to their own license terms, which are listed at disko.media/licenses and in the software. These Terms give you a limited right to use the Service; they do not transfer any ownership to you, and all rights not expressly granted are reserved by us and our suppliers and licensors.

13.2 Trademarks

DISKO, the DISKO logo, and the names of our products and features are trademarks of Smith Robinson Multimedia LLC. You may not use them, or any confusingly similar mark, without our prior written permission, except to truthfully state that you use DISKO. Third-party marks belong to their owners.

13.3 Feedback

If you send us ideas, suggestions, bug reports or other feedback, you agree that we may use them without restriction or payment to you, and that they are not confidential. This does not give us any rights in Your Content.

14. Copyright Complaints

We respect the intellectual property of others and respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (DMCA) and similar laws. If you believe content on the Service infringes your copyright, send a notice to support@disko.media that includes:

• your physical or electronic signature;
• identification of the copyrighted work you say has been infringed;
• the URL or other precise location of the material you say is infringing, with enough detail for us to find it;
• your name, address, telephone number and email address;
• a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
• a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

We may forward your notice to the person who posted the material. If your content is removed in response to a notice and you believe the removal was a mistake or misidentification, you may send us a counter-notice containing the information the DMCA requires, and we will handle it as the law provides. We may terminate the accounts of users who repeatedly infringe. Knowingly making a false claim of infringement can expose you to liability.

15. Security and Responsible Disclosure

We take reasonable technical and organizational measures to protect the Service and Your Content, as described in our Privacy Policy. No system is perfectly secure, and you acknowledge that you provide Your Content at your own risk. You are responsible for the security of your own devices, networks, credentials and license keys, and for the passwords you set on Public Pages.

If you discover a security vulnerability in the Service, please tell us at security@disko.media (see also security.txt) before disclosing it publicly, and give us a reasonable time to fix it. Do not access, modify or exfiltrate data that is not yours, disrupt the Service, or test against other users' accounts or content. Good-faith research conducted within these limits will not be treated as a breach of Section 11.

16. Third-Party Services

The Service is built on and interoperates with services operated by others, including cloud hosting, content delivery and object storage, database and authentication, payment processing, transactional email, bot protection, Google APIs, third-party AI providers you connect, and third-party editing applications. Those services are governed by their own terms and are outside our control. We are not responsible for their acts, omissions, outages, changes or discontinuation, or for content you access through links to third-party sites, and their availability may affect features of the Service.

17. Disclaimer of Warranties

THE SERVICE, INCLUDING ALL SOFTWARE, AI FEATURES, INTEGRATIONS, PUBLIC PAGES AND BETA FEATURES, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT YOUR CONTENT WILL NOT BE LOST, CORRUPTED, ALTERED OR ACCESSED WITHOUT AUTHORIZATION; THAT ANY AI OUTPUT, TAG, DESCRIPTION, FACE OR VOICE MATCH, TRANSCRIPT, SEARCH RESULT, SYNCHRONIZATION, DUPLICATE DETECTION, GENERATED SCRIPT OR SUGGESTION WILL BE ACCURATE, COMPLETE OR FIT FOR ANY PURPOSE; THAT EXPORTED FILES WILL IMPORT INTO OR WORK WITH ANY THIRD-PARTY APPLICATION; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THOSE OF YOUR CLIENTS.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR CONTENT AND PROJECT FILES, FOR VERIFYING AI OUTPUT BEFORE RELYING ON IT, AND FOR YOUR DELIVERABLES, DEADLINES AND OBLIGATIONS TO YOUR OWN CLIENTS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. Nothing in these Terms limits any statutory consumer rights that cannot be waived.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SMITH ROBINSON MULTIMEDIA LLC, ITS SUPPLIERS AND LICENSORS, OR THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, DATA, MEDIA FILES, PROJECT FILES OR METADATA, COST OF SUBSTITUTE SERVICES, OR MISSED DEADLINES OR DELIVERABLES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE ABOVE, WE ARE NOT LIABLE FOR: (A) THE LOSS, CORRUPTION, DELETION OR UNAVAILABILITY OF YOUR CONTENT OR ANY FILE ON YOUR DEVICES; (B) ERRORS IN OR RELIANCE ON AI OUTPUT; (C) CLAIMS BY PEOPLE WHO APPEAR OR ARE HEARD IN YOUR CONTENT, INCLUDING CLAIMS UNDER BIOMETRIC, PRIVACY OR PUBLICITY LAWS; (D) WHAT VISITORS DO WITH CONTENT YOU CHOSE TO SHARE; (E) THE ACTS, OMISSIONS OR UNAVAILABILITY OF THIRD-PARTY SERVICES, PROVIDERS OR APPLICATIONS, INCLUDING AI PROVIDERS YOU CONNECT; (F) CHANGES TO PROJECT FILES OR MEDIA MADE BY OUR EDITING-APPLICATION TOOLS; OR (G) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR TRANSMISSIONS.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). IN NO EVENT WILL ANY SUPPLIER OR LICENSOR OF OURS HAVE ANY LIABILITY TO YOU ARISING OUT OF THESE TERMS OR THE SERVICE.

These limitations apply together and are fundamental to the bargain between you and us; the Service would not be offered at its price without them. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above may not apply to you. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including for death or personal injury caused by negligence, or for fraud.

19. Indemnification

You agree to defend, indemnify and hold harmless Smith Robinson Multimedia LLC, its suppliers and licensors, and their respective owners, officers, directors, employees, contractors and agents from and against all claims, demands, investigations, liabilities, damages, losses, fines, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content, including any claim that it infringes or violates a third party's rights, and any claim by a person who appears or is heard in it; (b) your use of AI Features, including under biometric, privacy, publicity or consumer-protection laws; (c) any Public Page you create and anything Visitors do with it; (d) third-party services or AI providers you connect to the Service; (e) your breach of these Terms, the EULA or the law; or (f) any dispute between you and your clients, collaborators or Visitors. We may take over the defense of any matter we are entitled to be indemnified for, in which case you will cooperate with us; you may not settle any such matter without our written consent.

20. Suspension and Termination

By you. You may stop using the Service at any time. You can cancel a subscription from your billing settings (Section 12.2). To close your account and have Your Content deleted from DISKO Cloud, contact us at support@disko.media from the email address on the account; we will confirm and carry out the deletion as described in our Privacy Policy. Closing your account does not entitle you to a refund except as stated in Section 12.4.

By us. We may suspend or terminate your access to all or part of the Service, and may remove content, at any time if we reasonably believe you have breached these Terms or the EULA, if required by law, if your payment fails or is reversed, if your account is inactive for an extended period, or if we discontinue the Service or a feature. Where practical we will give you notice and an opportunity to export Your Content, but we may act immediately where necessary to protect the Service, other users, or third parties, or to comply with the law.

Effect. On termination your right to use the Service ends, Public Pages you created stop working, and we may delete your account and Your Content in accordance with our Privacy Policy. Sections that by their nature should survive — including Sections 6.2 (to the extent needed to wind down), 6.4, 6.5, 7, 8, 9.6, 12, 13, 17, 18, 19, 21 and 23 — survive termination.

21. Governing Law and Disputes

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of New Hampshire, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Talk to us first. Before starting any formal proceeding, you agree to send a written description of the dispute to support@disko.media and to try in good faith to resolve it with us for at least thirty (30) days. Most problems can be fixed this way.

Where disputes are heard. Any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in Rockingham County, New Hampshire, and you and we each consent to the personal jurisdiction of, and venue in, those courts. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

TO THE EXTENT PERMITTED BY LAW, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL, AND EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after it arose, or it is permanently barred, to the extent the law allows.

If you are a consumer in the European Economic Area, the United Kingdom, or another place whose law gives you mandatory protections, this Section does not deprive you of those protections, of the right to bring proceedings in the courts of your country of residence, or of the benefit of your local law where it applies regardless of contract.

22. Export Controls and Sanctions

The Service and its software are subject to U.S. export-control and sanctions laws and may be subject to those of other countries. You represent that you are not located in, and are not a resident or national of, a country or territory subject to comprehensive U.S. sanctions, that you are not on any U.S. government restricted-party list, and that you will not use or export the Service in violation of those laws.

23. General

• Entire agreement. These Terms, the EULA (for the desktop application), the Privacy Policy, and the plan descriptions and prices you accepted at purchase are the entire agreement between you and us about the Service and replace any earlier agreements or statements.
• Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization or sale of assets, or by operation of law, and will notify you if we do.
• Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including natural events, labor disputes, acts of government, network or power failures, or failures of third-party services.
• No third-party beneficiaries. Except for our suppliers and licensors, who may enforce the provisions that protect them, no one other than you and we has any rights under these Terms.
• Independent parties. Nothing in these Terms creates a partnership, joint venture, employment, franchise or agency relationship.
• Notices. We may give you notices by email to the address on your account, through the Service, or by posting on our website. Legal notices to us must be sent by email to support@disko.media and by mail to the address in Section 24.
• Language. These Terms are written in English; any translation is for convenience and the English version controls.
• Headings. Headings are for convenience only and do not affect interpretation.

24. Contact Us

Questions about these Terms? We are happy to help.