Terms of Service

1. Acceptance of Terms

By accessing or using TV App Builder ("Service"), operated by TV App Builder ("Company," "we," "our," or "us"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and the Company. By creating an account, subscribing to a plan, or using any part of our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Description of Service

TV App Builder provides a platform for churches and religious organizations to create, manage, and distribute video content through streaming TV applications on platforms including but not limited to Roku, Amazon Fire TV, and web-based players. Our Service includes:

• Video hosting and content management
• Video encoding and transcoding
• Content delivery network (CDN) distribution
• TV application publishing and management
• Analytics and reporting
• Related tools and features as described on our website

3. Account Registration and Eligibility

To use the Service, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Provide accurate, complete, and current registration information
• Maintain the security of your account credentials
• Be authorized to represent and bind the organization on whose behalf you are registering
• Not have been previously terminated or banned from the Service

You are solely responsible for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other security breach.

4. Subscription Plans and Billing

4.1 Subscription Terms

Access to the Service requires a paid subscription. Subscription plans, pricing, and features are as described on our website and may be modified at any time with notice to existing subscribers.

4.2 Payment

You agree to pay all fees associated with your selected subscription plan. Payments are processed through our third-party payment processor. By providing payment information, you authorize us to charge your payment method on a recurring basis according to your billing cycle.

4.3 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan. Your subscription will automatically renew at the end of each billing period unless cancelled before the renewal date.

4.4 Price Changes

We reserve the right to modify pricing at any time. Price changes for existing subscribers will take effect at the start of the next billing cycle following notice of the change.

5. Refund Policy

All subscription fees are non-refundable. By subscribing to the Service, you acknowledge and agree that:

• No refunds will be issued for partial months, unused features, or subscription downgrades
• No refunds will be issued for early cancellation of annual subscriptions
• No refunds will be issued for service interruptions unless caused solely by our negligence

Case-by-Case Exceptions: In exceptional circumstances, refunds or credits may be granted at our sole discretion on a case-by-case basis. Any such refunds may be prorated based on your actual data usage, storage consumption, and bandwidth utilization during the billing period. The decision to grant any refund or credit is entirely at the Company's discretion and does not establish any precedent or obligation for future requests.

To request consideration for a refund exception, contact billing@tvappbuilder.com with your account details and reason for the request.

6. Usage Limits and Fair Use Policy

6.1 Normal Usage

Each subscription plan includes resource allocations (storage, bandwidth, encoding minutes, etc.) designed for "normal usage" based on typical church and ministry operations relative to your organization's size. Normal usage is determined by factors including but not limited to:

• Congregation or organization size
• Number of regular video uploads (typically weekly sermon content)
• Average video length and quality settings
• Viewer count and streaming hours proportional to organization size
• Storage consumption consistent with active content management

6.2 Excessive Usage

If your usage significantly exceeds normal usage patterns for your subscription tier and organization size, we reserve the right to:

• Contact you to discuss your usage and needs
• Require you to upgrade to a higher-tier subscription plan
• Apply overage charges as published in our pricing documentation
• Throttle or limit certain features or resource consumption
• Suspend or terminate your account if excessive usage continues after notification

6.3 Prohibited Usage

You may not use the Service for:

• Reselling, redistributing, or sublicensing access to the Service
• Operating multiple organizations or channels under a single subscription without authorization
• Using the Service as a general-purpose CDN or file hosting service
• Any automated or bulk operations that place unreasonable load on our systems
• Any purpose other than legitimate church or ministry content distribution

7. Content Guidelines and Responsibilities

7.1 Your Content

You retain ownership of all content you upload to the Service ("Your Content"). By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to host, store, transfer, display, encode, and distribute Your Content solely for the purpose of providing the Service.

7.2 Content Restrictions

You agree that Your Content will not:

• Infringe any copyright, trademark, or other intellectual property rights
• Violate any law, regulation, or third-party rights
• Contain malware, viruses, or malicious code
• Include content that is defamatory, obscene, or promotes violence or hatred
• Misrepresent the source or ownership of the content
• Violate the terms of service of distribution platforms (Roku, Amazon, etc.)

7.3 Content Removal

We reserve the right to remove any content that violates these Terms, applicable laws, or platform policies without notice. We are not obligated to monitor content but may do so at our discretion.

7.4 DMCA Compliance

We comply with the Digital Millennium Copyright Act (DMCA). If you believe content on our Service infringes your copyright, please contact us with a valid DMCA takedown notice.

8. Intellectual Property

The Service, including all software, designs, text, graphics, logos, and other materials (excluding Your Content), is owned by the Company and protected by intellectual property laws. You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or alter any proprietary notices or labels
• Use our trademarks, logos, or branding without written permission

9. Third-Party Services and Platforms

The Service integrates with third-party platforms including Roku, Amazon, YouTube, and others. You acknowledge that:

• These platforms have their own terms of service that you must comply with
• We do not control and are not responsible for third-party platforms
• Third-party platform availability, features, and policies may change
• Your use of third-party platforms is at your own risk
• We are not liable for any issues arising from third-party platform changes or outages

10. YouTube API Services

Our Service uses YouTube API Services to enable video publishing to YouTube. By using this feature, you agree to the following:

10.1 YouTube Terms of Service

Your use of the YouTube publishing feature is subject to YouTube's Terms of Service. You must comply with all YouTube policies, including but not limited to their Community Guidelines and copyright policies.

10.2 Google Privacy Policy

When you connect your YouTube account and use YouTube API Services through our platform, your information is also subject to Google's Privacy Policy.

10.3 Authorization and Permissions

By connecting your YouTube account to TV App Builder, you authorize us to:

• Upload videos to your YouTube channel on your behalf
• Set video metadata including titles, descriptions, and thumbnails
• Access your channel information to display connection status

10.4 Your Responsibilities

When using the YouTube publishing feature, you are solely responsible for:

• Ensuring you have the right to publish content to YouTube
• Complying with YouTube's copyright and content policies
• Managing your YouTube channel and uploaded content
• Any consequences resulting from videos published through our Service

10.5 Revoking Access

You may revoke TV App Builder's access to your YouTube account at any time through our Social Publisher settings or via your Google Account Permissions. Upon revocation, we will cease all YouTube API access and delete your stored YouTube credentials within 30 days.

10.6 Limitation of Liability for YouTube Services

We are not responsible for:

• Changes to YouTube API Services or policies
• Rejection or removal of videos by YouTube
• Account suspensions or terminations by YouTube
• Any loss of access to YouTube services
• Failures or delays in YouTube video processing

11. Service Availability and Modifications

11.1 Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. The Service may be unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.

11.2 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

12. Termination

12.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation will take effect at the end of your current billing period. No refunds will be issued for the remaining period.

12.2 Termination by Us

We may suspend or terminate your account immediately, without notice, if you:

• Violate these Terms or any applicable laws
• Fail to pay subscription fees when due
• Engage in abusive, fraudulent, or harmful conduct
• Exceed usage limits after notification
• Use the Service in a manner that threatens the security or integrity of our systems

12.3 Effect of Termination

Upon termination:

• Your access to the Service will be immediately revoked
• Your content will be deleted within 30 days unless legally required to retain
• Your TV applications may be removed from distribution platforms
• You remain liable for any outstanding fees
• Provisions that by their nature should survive will remain in effect

13. Disclaimer of Warranties

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

We do not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• Results obtained from using the Service will be accurate or reliable
• Any errors in the Service will be corrected
• The Service will be compatible with all devices or platforms

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Cost of substitute services
• Service interruptions or data loss
• Any damages arising from third-party platform issues
• Any other intangible losses

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, our liability shall be limited to the fullest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your Content or its distribution
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable laws or regulations
• Any claim that Your Content caused damage to a third party

16. Dispute Resolution

16.1 Informal Resolution

Before filing any formal legal claim, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

16.2 Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the state of our principal place of business, and the decision shall be final and binding.

16.3 Class Action Waiver

YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state of our principal place of business, without regard to conflict of law principles.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

17.3 Waiver

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

17.4 Assignment

You may not assign or transfer these Terms or your rights without our prior written consent. We may assign these Terms without restriction.

17.5 Notices

We may provide notices to you via email, posting on the Service, or other reasonable means. You may provide notices to us at the contact information below.

17.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of war or terrorism, pandemics, or infrastructure failures.

18. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on the Service at least 30 days before taking effect. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Service.

19. Contact Information

For questions about these Terms of Service, please contact us: