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Terms of Service
LAST UPDATED: 7/20/2026

Introduction
Welcome to Blended Sense.
These Terms & Conditions ("Terms") govern your access to and use of the Blended Sense platform, including our websites, mobile applications, cloud-based software, Studio Pro subscriptions, Marketplace Services, artificial intelligence features, APIs, integrations, and any related products or services (collectively, the "Services").
By creating an account, purchasing Services, accessing the platform, or otherwise using the Services, you agree to be legally bound by these Terms and our Privacy Policy, which is incorporated by reference.
If you do not agree to these Terms, you may not access or use the Services.
If you are accessing the Services on behalf of a company, organization, government entity, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" refer to both you and the entity you represent.
Blended Sense may update these Terms from time to time to reflect changes in our Services, applicable law, or business practices. When material changes are made, we will update the Effective Date above and provide notice where required by applicable law. Continued use of the Services after the updated Terms become effective constitutes your acceptance of the revised Terms.
Section 1 — Definitions
For purposes of these Terms, the following definitions apply.
Account means the registered account used to access and manage the Services.
Administrator means an authorized user designated by an Organization to manage users, permissions, billing, subscriptions, Workspaces, and administrative settings.
Affiliate means an approved marketing or referral partner participating in a Blended Sense affiliate program pursuant to a separate written agreement.
AI Features means any artificial intelligence, machine learning, automation, computer vision, transcription, search, tagging, recommendation, facial recognition, workflow automation, or similar technologies made available through the Services.
Archived Footage means User Content or Developed Content that has moved from active storage into archived storage in accordance with the Customer's subscription plan or Blended Sense's storage policies.
Brand Kit means logos, colors, fonts, templates, graphics, brand guidelines, and other branding assets uploaded into the Services.
Content means User Content, Developed Content, metadata, project files, transcripts, thumbnails, previews, AI-generated assets, and any other digital materials stored or processed through the Services.
Creative Professional means any videographer, photographer, editor, producer, drone operator, or other independent contractor providing services through the Marketplace.
Customer means any person or legal entity that purchases, subscribes to, or otherwise uses the Services.
Developed Content means all edited videos, photographs, audio recordings, graphics, marketing assets, deliverables, or other creative work produced by or through Blended Sense for a Customer.
Enterprise Customer means a Customer purchasing Services under a separately negotiated Enterprise Agreement, Master Services Agreement, Reseller Agreement, Partner Agreement, or similar commercial agreement. Marketplace means Blended Sense's technology platform that connects Customers with Creative Professionals to provide production services.
Organization means a business, nonprofit, educational institution, government agency, or other legal entity maintaining one or more Accounts.
Participant or Film Subject means any individual whose image, likeness, voice, or other identifying characteristics appear in media captured or processed through the Services.
Services means all products, software, websites, applications, Studio Pro subscriptions, Marketplace Services, AI Features, APIs, integrations, storage services, media management tools, and other offerings provided by Blended Sense.
Studio Credits means purchased, promotional, refunded, loyalty, or otherwise issued credits redeemable toward eligible purchases within the Services.
Studio Pro means Blended Sense's subscription platform providing cloud storage, media management, collaboration tools, AI-powered features, reporting, analytics, workflow automation, and related subscription benefits.
Subscription Services means any recurring paid Services offered by Blended Sense, including Studio Pro and future subscription offerings.
User means any individual accessing or using the Services, including Customers, Administrators, Creative Professionals, Editors, Affiliates, Partners, Enterprise Users, contractors, employees, and authorized representatives.
User Content means any media, files, footage, photographs, videos, audio, text, documents, logos, Brand Kits, metadata, or other content uploaded, submitted, stored, or transmitted by a User through the Services.
Workspace means the digital environment within the Services where Customers manage projects, subscriptions, media, users, storage, and related assets.
2. Eligibility and Acceptance of Terms
2.1 Eligibility
To access or use the Services, you must:
  • be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater;
  • have the legal capacity to enter into a binding contract;
  • provide accurate, current, and complete registration information;
  • comply with these Terms and all applicable laws and regulations; and
  • not be prohibited from using the Services under any applicable law or prior suspension by Blended Sense.
If you access or use the Services on behalf of a company, organization, government agency, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
2.2 Role-Specific Acceptance
Because Blended Sense provides a multi-sided platform, different users may access the Services in different capacities.
By creating an Account or using the Services, you acknowledge that you may participate in one or more of the following roles:
  • Customer
  • Organization Administrator
  • Authorized User
  • Creative Professional (including videographers, photographers, editors, and other contractors)
  • Affiliate
  • Reseller
  • Enterprise Customer
  • Partner
  • or any other role made available by Blended Sense.
Certain features, responsibilities, payment terms, and supplemental agreements may apply only to specific user roles. Where a separate written agreement governs a particular role (such as an Affiliate Agreement, Enterprise Agreement, Creative Professional Agreement, or Reseller Agreement), that agreement will control solely with respect to the subject matter covered by that agreement. These Terms continue to govern all other aspects of your use of the Services.
2.3 Business Use
The Services are intended primarily for business, professional, educational, nonprofit, and organizational use.
Individuals may use the Services for personal projects where permitted; however, all users remain responsible for ensuring that their use complies with these Terms and all applicable laws.
2.4 Account Information
You agree to provide accurate, complete, and current information when creating an Account and to promptly update your information whenever it changes.
You are responsible for maintaining the accuracy of your Account information. Blended Sense is not responsible for any loss or delay resulting from inaccurate or outdated information provided by you.
2.5 Compliance with Laws
You are solely responsible for ensuring that your use of the Services complies with all applicable federal, state, local, and international laws, regulations, contractual obligations, and industry-specific requirements.
If you operate within a regulated industry—including healthcare, financial services, legal services, education, government, or similar regulated sectors—you remain solely responsible for complying with any applicable laws, regulations, or professional obligations, including but not limited to HIPAA, FINRA, FERPA, SEC regulations, state privacy laws, or other industry-specific requirements. Blended Sense does not provide legal or regulatory compliance services unless expressly agreed in writing.
2.6 Suspension and Refusal of Service
Blended Sense reserves the right, in its sole discretion and to the extent permitted by applicable law, to refuse registration, suspend access, restrict functionality, or terminate any Account if we reasonably believe that:
  • these Terms have been violated;
  • fraudulent, deceptive, or unlawful activity has occurred or is suspected;
  • your use of the Services creates legal, financial, operational, or security risks;
  • required payment obligations remain outstanding;
  • information provided during registration is materially inaccurate or misleading; or
  • suspension or termination is necessary to protect Blended Sense, its users, Creative Professionals, partners, or the integrity of the Services.
Where commercially reasonable, Blended Sense will provide advance notice before suspending or terminating an Account. However, we may take immediate action without prior notice when necessary to protect the Services, comply with legal obligations, investigate suspected fraud, or address security concerns.
3. Accounts, Workspaces, User Roles, and Security
3.1 Account Registration
To access certain features of the Services, you must create an Account. You agree to provide accurate, complete, and current registration information and to promptly update your information if it changes.
You may not create an Account using false, misleading, or fraudulent information, impersonate another individual or entity, or create an Account on behalf of another person without proper authorization. Blended Sense reserves the right to reject, suspend, or terminate any Account that violates these Terms or that contains inaccurate, misleading, or incomplete registration information.
3.2 Account Security
You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.
You agree to:
  • maintain the confidentiality of your username and password;
  • use commercially reasonable efforts to prevent unauthorized access to your Account;
  • immediately notify Blended Sense of any suspected unauthorized use or security incident affecting your Account;
  • log out of shared devices when appropriate; and
  • promptly update passwords or other credentials if you believe your Account has been compromised.
You are responsible for all activity occurring under your Account unless such activity results directly from Blended Sense's negligence or security breach.
3.3 Workspaces
The Services allow Customers and Organizations to create one or more Workspaces to manage projects, users, subscriptions, media libraries, Brand Kits, storage, billing, and other resources.
Each Workspace is controlled by one or more designated Administrators.
The Organization remains responsible for all activity occurring within its Workspaces, including activity performed by employees, contractors, affiliates, or other authorized users.
3.4 Administrators
Workspace Administrators may be granted authority to:
  • invite or remove users;
  • assign user roles and permissions;
  • manage subscriptions and billing;
  • purchase Marketplace Services;
  • upload, modify, or delete Content;
  • manage storage allocations;
  • configure Workspace settings;
  • manage integrations; and
  • perform other administrative functions made available through the Services.
Organizations are solely responsible for selecting, managing, and supervising their Administrators.
Blended Sense is entitled to rely upon instructions received from an authorized Administrator regarding the management of a Workspace.
3.5 User Roles and Permissions
The Services support multiple user roles, including Customers, Administrators, Creative Professionals, Editors, Affiliates, Partners, Enterprise Users, and other authorized users.
Available functionality, permissions, billing authority, and administrative rights vary depending on the assigned role and applicable subscription plan.
Blended Sense may modify user roles, permissions, or available functionality as the Services evolve.
3.6 Authorized Users
Customers and Organizations are responsible for ensuring that all Authorized Users comply with these Terms.
Any action taken by an Authorized User under a Customer's or Organization's Account will be deemed an action of that Customer or Organization.
Customers remain responsible for maintaining appropriate internal controls regarding user access, permissions, and account management.
3.7 Enterprise Account Management
Enterprise Customers may maintain multiple Workspaces, business units, departments, subsidiaries, or affiliated organizations under a single commercial agreement.
Unless otherwise specified in an executed Enterprise Agreement, each Workspace remains subject to these Terms and the permissions established by its designated Administrators.
Where a conflict exists between these Terms and an executed Enterprise Agreement, the Enterprise Agreement governs solely with respect to the conflicting provision.
3.8 Account Suspension
Blended Sense may suspend, restrict, or temporarily disable access to all or part of the Services if we reasonably determine that:
  • payment obligations remain outstanding;
  • these Terms have been violated;
  • fraudulent, abusive, or unlawful activity has occurred or is reasonably suspected;
  • your use of the Services presents operational, legal, financial, or security risks;
  • required verification information has not been provided; or
  • suspension is reasonably necessary to protect the Services, Customers, Creative Professionals, partners, or third parties.
Where commercially reasonable, Blended Sense will provide notice before suspending an Account. Immediate suspension may occur without prior notice where necessary to investigate suspected fraud, address security concerns, comply with legal obligations, or prevent harm to the Services or other users.
3.9 Account Termination
You may close your Account at any time by following the procedures available within the Services or by contacting Blended Sense Support. Blended Sense may terminate or permanently disable an Account for any of the reasons described in these Terms, including repeated violations, fraudulent activity, prolonged non-payment, misuse of the Services, or other material breaches.
Termination of an Account does not relieve you of any outstanding payment obligations, nor does it affect any rights or obligations that accrued prior to termination.
The treatment of stored Content, subscription benefits, Marketplace Services, Studio Credits, contractor payouts, and other assets following termination is governed by these Terms and any applicable Enterprise Agreement.
4. Marketplace Services
4.1 Marketplace Platform
Blended Sense operates a technology-enabled marketplace that connects Customers with qualified Creative Professionals to facilitate the production, editing, management, and delivery of digital media.
Marketplace Services may include, but are not limited to:
  • Videography
  • Photography
  • Video Editing
  • Event Coverage
  • Product Demonstrations
  • Interviews
  • Corporate Communications
  • Social Media Content
  • Drone Services (where legally permitted)
  • Livestream Support
  • Post-Production Services
  • AI-Assisted Media Processing
  • Other creative services offered through the Services.
Blended Sense reserves the right to modify, expand, suspend, or discontinue Marketplace Services at any time.
4.2 Independent Creative Professionals
Creative Professionals who provide services through the Marketplace are independent contractors and are not employees, agents, joint venturers, or representatives of Blended Sense.
Blended Sense facilitates introductions, scheduling, project management, payments, and delivery through the Marketplace but does not supervise the day-to-day creative judgment or production decisions made by Creative Professionals while performing services.
Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between Blended Sense and any Creative Professional.
4.3 Matching and Assignment
Blended Sense may assign Creative Professionals using a variety of factors, including:
  • geographic proximity;
  • availability;
  • project requirements;
  • experience and expertise;
  • customer preferences;
  • equipment capabilities;
  • historical performance;
  • platform activity; and
  • other operational considerations.
While Customers may express preferences regarding Creative Professionals, Blended Sense does not guarantee the assignment of any specific individual.
4.4 Project Requests
Submitting a project request does not guarantee acceptance, scheduling, or availability.
Project scheduling is subject to factors including:
  • Creative Professional availability;
  • venue restrictions;
  • geographic coverage;
  • weather conditions;
  • travel logistics;
  • permitting requirements;
  • safety considerations; and
  • other operational constraints.
Blended Sense reserves the right to decline, reschedule, or cancel project requests when reasonably necessary.
4.5 Customer Responsibilities
Customers are responsible for:
  • providing accurate project information;
  • selecting the appropriate service package;
  • obtaining all required venue permissions;
  • obtaining all necessary filming permissions and releases;
  • ensuring safe working conditions;
  • providing timely access to filming locations;
  • identifying any site-specific restrictions or hazards;
  • designating an on-site point of contact when appropriate; and
  • cooperating with assigned Creative Professionals throughout the project.
Customers are solely responsible for the conduct of attendees, employees, guests, participants, and Film Subjects associated with their projects.
4.6 Creative Direction and Production Limitations
Customers acknowledge that Creative Professionals exercise independent professional judgment during production.
Although Blended Sense will use commercially reasonable efforts to accommodate creative preferences, shot lists, production notes, and customer instructions, Blended Sense does not guarantee that every requested shot, angle, participant, lighting condition, or creative preference can be achieved. Production quality and deliverables may be affected by circumstances outside Blended Sense's reasonable control, including venue restrictions, weather, lighting conditions, participant cooperation, equipment limitations, technical failures, safety concerns, or force majeure events.
4.7 Revisions
Unless otherwise stated in the applicable service package or order confirmation:
  • each editing project includes up to two (2) rounds of reasonable revisions;
  • revision requests must be submitted within the timeframe communicated at delivery;
  • revision requests outside the original project scope may incur additional charges;
  • additional revision rounds may be purchased at Blended Sense's then-current rates.
If no revision request or approval is received within fourteen (14) calendar days after delivery of edited content, the project may be deemed accepted and closed.
Closed projects may require the purchase of additional editing services to reopen.
4.8 Project Timelines
Estimated production dates, editing timelines, delivery dates, and turnaround times are good-faith estimates provided for planning purposes only.
Unless expressly agreed in writing as part of a separate Service Level Agreement (SLA) or Enterprise Agreement, delivery dates are not guaranteed.
Blended Sense is not liable for delays caused by Customer requests, incomplete project information, venue restrictions, weather events, third-party vendors, technical issues, or circumstances beyond its reasonable control.
4.9 Review Links and Deliverables
Blended Sense may provide deliverables through downloadable files, Studio Pro, Frame.io, cloud storage providers, password-protected portals, or other delivery methods. Certain review or sharing links may be accessible by anyone who possesses the link.
Customers are solely responsible for managing, distributing, and protecting review links shared with employees, clients, contractors, sponsors, attendees, or other third parties.
Blended Sense is not responsible for unauthorized access resulting from a Customer's distribution of review links.
4.10 Project Changes
Changes requested after a project has been confirmed—including changes to dates, locations, schedules, deliverables, editing scope, production requirements, or creative direction—may result in additional charges, revised delivery timelines, or project rescheduling.
Blended Sense will make commercially reasonable efforts to accommodate requested changes but cannot guarantee availability once production has been scheduled.
4.11 Marketplace Availability
Marketplace Services are subject to geographic availability.
Blended Sense does not guarantee that Creative Professionals will be available in every city, region, or country, or that all Marketplace Services will be available for every project type.
The availability of Creative Professionals, service offerings, and supported locations may change without notice.
5. Studio Pro Subscription Services
5.1 Studio Pro
Studio Pro is Blended Sense's subscription platform designed to help Customers organize, manage, collaborate on, store, distribute, and maximize the value of their media assets. Depending on the subscription plan selected, Studio Pro may include cloud storage, media management, AI-powered organization, collaboration tools, Brand Kit management, reporting, analytics, workflow automation, integrations, and other features made available by Blended Sense from time to time.
Features, storage allocations, usage limits, and pricing vary by subscription plan.
5.2 Subscription Plans
Blended Sense may offer multiple subscription plans, including self-service, business, enterprise, reseller, promotional, or other offerings.
Subscription plans may differ based on:
  • available features;
  • storage allocations;
  • Workspace capacity;
  • AI capabilities;
  • reporting functionality;
  • collaboration features;
  • support levels;
  • integrations;
  • usage limits; and
  • pricing.
Current subscription offerings are described on the Services or in applicable ordering documentation.
Blended Sense reserves the right to introduce, modify, or discontinue subscription plans upon reasonable notice.
5.3 Subscription Term and Automatic Renewal
Unless otherwise specified in an Enterprise Agreement or other written agreement, all paid subscriptions automatically renew at the end of each billing cycle until cancelled. By purchasing a subscription, you authorize Blended Sense to automatically charge your designated payment method for:
  • recurring subscription fees;
  • storage overage charges;
  • add-on services;
  • applicable taxes; and
  • any other authorized recurring charges associated with your Account.
You may cancel your subscription at any time through your Account settings or by contacting Customer Support.
Cancellation becomes effective at the end of the current billing period unless otherwise required by applicable law.
5.4 Free Trials and Promotional Offers
Blended Sense may offer free trials, promotional pricing, introductory subscriptions, beta programs, or other limited-time offers.
Unless otherwise stated at the time of enrollment:
  • promotional pricing applies only during the stated promotional period;
  • trial subscriptions automatically convert to paid subscriptions at the end of the trial period unless cancelled before renewal; and
  • promotional offers may not be combined unless expressly authorized by Blended Sense.
Blended Sense reserves the right to modify or discontinue promotional offers at any time.
5.5 Subscription Changes
Customers may upgrade or downgrade their subscription plans where such options are made available.
Upgrades may become effective immediately or at the beginning of the next billing cycle.
Downgrades generally take effect at the start of the following billing cycle. Changing subscription plans may affect:
  • available features;
  • storage allocations;
  • Workspace limits;
  • AI functionality;
  • reporting capabilities;
  • collaboration tools;
  • integrations; and
  • other subscription benefits.
Customers are responsible for ensuring that their stored Content complies with the limitations of their selected subscription plan.
5.6 Subscription Fees
Subscription fees are billed in advance according to the billing frequency selected during purchase.
Except as expressly stated in these Terms or required by applicable law:
  • subscription fees are non-refundable;
  • partial billing periods are not prorated;
  • unused subscription time is forfeited upon cancellation; and
  • taxes are charged where required by law.
5.7 Failed Payments
If a payment cannot be successfully processed, Blended Sense may:
  • retry the payment method;
  • suspend subscription benefits;
  • restrict access to premium features;
  • assess storage overage charges already incurred;
  • disable Marketplace purchases;
  • suspend Workspaces;
  • or terminate the subscription after reasonable collection efforts.
Customers remain responsible for all outstanding balances.
5.8 Enterprise Subscriptions
Enterprise Customers may purchase Studio Pro pursuant to separately negotiated commercial agreements.
Where an executed Enterprise Agreement expressly conflicts with these Terms, the Enterprise Agreement governs solely with respect to the conflicting provision.
All remaining provisions of these Terms continue to apply.
5.9 Future Features
Blended Sense continually improves the Services.
Accordingly, Blended Sense may add, modify, replace, discontinue, or enhance subscription features, workflows, integrations, AI capabilities, reporting tools, user interfaces, storage allocations, and other functionality from time to time.
Nothing in these Terms guarantees the continued availability of any particular feature unless expressly stated in a separate written agreement.
5.10 Suspension or Discontinuation
Blended Sense may suspend or discontinue all or part of the subscription Services if reasonably necessary to:
  • protect the security or integrity of the platform;
  • comply with applicable law;
  • investigate fraud or misuse;
  • address prolonged non-payment;
  • perform maintenance or infrastructure upgrades; or
  • discontinue a subscription offering.
Where commercially reasonable, Blended Sense will provide advance notice of material service changes.
If Blended Sense permanently discontinues a paid subscription during a prepaid billing period for reasons unrelated to your violation of these Terms, Blended Sense may, at its sole discretion, provide a prorated refund, Studio Credits, or another commercially reasonable remedy.
5.11 Beta Features
From time to time, Blended Sense may make beta, preview, early-access, or experimental features available.
Beta features are provided "as is" without warranties of any kind and may be modified, suspended, or discontinued at any time.
Beta features may not be suitable for production use and may be subject to additional terms communicated at the time they are made available.
5.12 Automatic Renewal Notices
Automatic Renewal Notices. Where required by applicable law, Blended Sense will provide Customers with advance notice before an automatically renewing subscription renews for an additional term. Such notice will be provided in accordance with applicable federal, state, and local automatic renewal laws. Customers are responsible for maintaining a current email address and account contact information.
6. Storage, Archived Footage, Data Retention, and Customer Responsibilities
6.1 Cloud Storage
Studio Pro includes cloud-based storage for User Content and Developed Content, subject to the storage allocation associated with your selected subscription plan.
Storage allocations vary by subscription plan and are described on the Services, applicable pricing pages, or ordering documentation.
Unless expressly stated in writing, no subscription includes unlimited storage.
6.2 Storage Usage
Storage usage is calculated using Blended Sense's internal measurement methodologies and may include:
  • original uploads;
  • RAW footage;
  • edited deliverables;
  • project files;
  • thumbnails and previews;
  • transcripts;
  • AI-generated metadata;
  • archived content;
  • Brand Kits; and
  • other digital assets stored within the Services.
Blended Sense reserves the right to improve or modify storage calculation methodologies as the Services evolve.
6.3 Storage Overage Charges
Each subscription includes a designated amount of cloud storage.
If your total storage exceeds the amount included in your subscription, additional storage overage charges may apply at Blended Sense's then-current published rates.
By maintaining Content that exceeds your included storage allocation, you authorize Blended Sense to charge the payment method associated with your Account for applicable storage overage fees. Storage overage charges are separate from subscription fees and are generally non-refundable except where required by applicable law.
6.4 Storage Notifications
Blended Sense may provide courtesy notifications regarding:
  • current storage usage;
  • approaching storage limits;
  • projected overage charges; and
  • storage billing activity.
These notifications are provided as a convenience only.
Customers remain solely responsible for monitoring their storage usage and any associated charges.
Failure to receive or review a notification does not relieve a Customer of responsibility for applicable storage fees.
6.5 Archived Footage
Completed projects, User Content, and Developed Content may transition from active storage to archived storage based on factors including:
  • project completion;
  • subscription status;
  • account activity;
  • storage optimization;
  • operational requirements; or
  • applicable retention policies.
Archived Footage may require additional processing time before it becomes available for download or restoration.
6.6 Footage Access Windows
Access to footage may vary depending on your purchase type or subscription plan.
Unless otherwise stated in an Enterprise Agreement or specific product offering:
  • Customers who purchase individual Marketplace Services without an active Studio Pro subscription will generally have thirty (30) days from delivery to access, review, and download their project files.
  • Studio Pro subscribers may retain access to eligible content for as long as their subscription remains active, subject to their subscription's storage allocation, applicable retention policies, and payment of any storage overage charges.
  • Enterprise Customers may have customized storage and retention periods as defined in their applicable commercial agreement.
Customers are responsible for downloading and maintaining copies of any Content they wish to retain beyond the applicable access period.
6.7 Data Retention
Blended Sense retains User Content, Developed Content, and related project materials only for the periods necessary to provide the Services, comply with legal obligations, resolve disputes, enforce agreements, maintain business records, and support operational requirements.
Specific retention periods are described in the Blended Sense Privacy Policy and may vary based on:
  • subscription status;
  • account activity;
  • legal obligations;
  • enterprise agreements;
  • operational requirements; and
  • applicable laws.
6.8 Permanent Deletion
Following expiration of the applicable retention period, Blended Sense may permanently delete User Content, Developed Content, Archived Footage, project files, AI-generated metadata, previews, transcripts, thumbnails, and other associated materials.
Once Content has been permanently deleted, Blended Sense has no obligation to recover, restore, reproduce, or maintain such Content.
6.9 Customer Backups
Customers are solely responsible for maintaining independent backup copies of all Content they wish to preserve.
While Studio Pro provides cloud storage and collaboration capabilities, it is not intended to serve as a Customer's exclusive archival or disaster recovery solution.
Customers are encouraged to download and securely store important Content outside the Services.
6.10 No Guarantee of Permanent Storage
Blended Sense does not guarantee perpetual or indefinite storage of any Content.
The continued availability of stored Content depends on factors including:
  • subscription status;
  • storage utilization;
  • applicable retention policies;
  • infrastructure changes;
  • legal obligations; and
  • the continued operation of the Services.
6.11 Platform Migrations and Service Interruptions
Blended Sense may periodically migrate Content between storage providers, infrastructure environments, geographic regions, or technology platforms to improve performance, scalability, security, or reliability.
Such migrations, as well as scheduled maintenance, cloud infrastructure outages, cybersecurity incidents, or other events beyond Blended Sense's reasonable control, may temporarily affect access to stored Content.
Blended Sense will use commercially reasonable efforts to minimize disruptions but does not guarantee uninterrupted availability of stored Content.
6.12 Changes to Storage Policies
Blended Sense reserves the right to modify storage allocations, retention periods, archival procedures, overage pricing, recovery capabilities, or other storage-related policies upon reasonable notice.
Continued use of the Services after such changes become effective constitutes acceptance of the updated storage policies.
7. Billing, Payments, Studio Credits, and Marketplace Purchases
7.1 Fees
You agree to pay all fees associated with your use of the Services, including, where applicable:
  • Marketplace Service purchases;
  • Studio Pro subscription fees;
  • storage overage charges;
  • editing services;
  • add-on products and services;
  • AI-powered features;
  • applicable taxes;
  • and any other charges authorized by you.
Unless otherwise stated, all prices are quoted in U.S. Dollars (USD).
7.2 Payment Methods
You authorize Blended Sense and its third-party payment processors to charge your designated payment method for all authorized purchases and recurring charges.
You are responsible for maintaining accurate and current payment information.
If your payment information changes, you agree to promptly update your Account to avoid service interruptions.
7.3 Marketplace Purchases
Marketplace Services may be purchased on a per-project basis using:
  • direct payment;
  • Studio Credits;
  • subscription benefits;
  • enterprise purchasing arrangements; or
  • other purchasing methods made available by Blended Sense.
Submitting an order authorizes Blended Sense to process payment for the applicable fees.
Certain Marketplace purchases may require payment before scheduling begins.
7.4 Studio Credits
Blended Sense may offer prepaid Studio Credits that may be redeemed toward eligible Marketplace Services or other qualifying purchases.
Unless otherwise stated in a separate written agreement:
  • Studio Credits have no cash value;
  • Studio Credits are non-transferable;
  • Studio Credits may not be redeemed for cash;
  • unused Studio Credits are non-refundable;
  • promotional Studio Credits may expire;
  • Studio Credits may only be used for eligible purchases designated by Blended Sense.
Blended Sense reserves the right to establish additional terms governing Studio Credits, including expiration dates, promotional limitations, redemption requirements, and eligible products.
7.5 Taxes
Unless expressly stated otherwise, fees do not include applicable federal, state, local, or international taxes.
Customers are responsible for paying all taxes associated with their purchases, except taxes based solely on Blended Sense's income.
Where required by law, Blended Sense will collect and remit applicable sales, use, value-added, or similar taxes.
7.6 Price Changes
Blended Sense may modify pricing for subscriptions, Marketplace Services, storage, Studio Credits, AI features, or other Services.
For recurring subscriptions, price changes will become effective following reasonable advance notice and at the beginning of the next renewal period unless otherwise required by applicable law.
Continued use of the Services after a price change becomes effective constitutes acceptance of the updated pricing.
7.7 Invoices
Enterprise Customers and other approved Customers may receive invoices pursuant to separate commercial agreements.
Unless otherwise stated in the applicable agreement:
  • invoices are due within the payment period specified on the invoice;
  • overdue balances may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum amount permitted by law; and
  • Customers are responsible for all reasonable costs incurred in collecting overdue amounts, including attorneys' fees where permitted by law.
7.8 Refunds
Refund eligibility is governed by Blended Sense's Refund and Cancellation Policy, which is incorporated into these Terms by reference.
Unless otherwise required by law or expressly approved by Blended Sense:
  • Marketplace purchases are generally non-refundable once production has begun;
  • subscription fees are non-refundable;
  • storage overage charges are non-refundable;
  • Studio Credits are non-refundable;
  • promotional purchases are non-refundable; and
  • partially used subscription periods are not prorated.
Where Blended Sense elects to provide compensation for an approved exception, refunds may be issued as:
  • the original payment method;
  • Studio Credits;
  • account credits; or
  • another commercially reasonable remedy determined by Blended Sense.
7.9 Chargebacks and Payment Disputes
If you initiate a chargeback or payment dispute without first making a good-faith effort to resolve the issue with Blended Sense, Blended Sense may:
  • suspend Marketplace Services;
  • suspend Studio Pro subscriptions;
  • revoke promotional benefits;
  • suspend Workspaces;
  • recover any amounts owed;
  • charge reasonable collection costs where permitted by law; and
  • terminate your Account for repeated abusive payment disputes.
Nothing in this section limits your legal rights under applicable consumer protection laws.
7.10 Payment Processors
Payments may be processed through one or more third-party payment providers.
By making a purchase, you acknowledge that your payment information may be processed by those providers in accordance with their applicable terms and privacy policies.
Blended Sense does not store complete payment card information unless expressly indicated.
7.11 Promotional Pricing
Blended Sense may offer discounts, promotional pricing, coupons, referral incentives, affiliate offers, reseller pricing, enterprise pricing, or limited-time campaigns.
Unless otherwise stated:
  • promotions cannot be combined;
  • promotions apply only during the advertised period;
  • promotions may be modified or withdrawn at any time; and
  • eligibility is determined solely by Blended Sense.
7.12 Collection Rights
If payment remains outstanding after reasonable collection efforts, Blended Sense may:
  • suspend Services;
  • terminate subscriptions;
  • pursue lawful collection remedies;
  • offset available account credits;
  • recover reasonable collection costs where permitted by law; and
  • exercise any additional rights available under applicable law or contract.
8. Ownership, Intellectual Property, and License Rights
8.1 Ownership of the Services
The Services, including the Blended Sense platform, Studio Pro, Marketplace technology, software, user interfaces, workflows, documentation, templates, artificial intelligence systems, machine learning models, algorithms, APIs, source code, object code, databases, graphics, branding, trademarks, service marks, logos, and all related technology are and remain the exclusive property of Blended Sense and its licensors.
Except for the limited rights expressly granted in these Terms, no ownership rights are transferred to you.
8.2 Ownership of User Content
You retain ownership of all User Content that you upload, submit, import, or otherwise make available through the Services.
You represent and warrant that:
  • you own or control all necessary rights to the User Content;
  • your User Content does not infringe the rights of any third party;
  • you have obtained all necessary permissions, licenses, releases, and consents required for your intended use of the User Content; and
  • your submission of User Content complies with these Terms and applicable law.
8.3 Ownership of Delivered Media
Subject to full payment of all applicable fees, Customers own the final edited media, photographs, videos, graphics, audio files, and other creative deliverables specifically produced for them through Marketplace Services ("Delivered Media").
Ownership of Delivered Media does not include ownership of:
  • the Blended Sense platform;
  • Studio Pro;
  • production workflows;
  • software;
  • AI systems;
  • editing methodologies;
  • templates;
  • documentation;
  • proprietary automation;
  • internal production processes; or
  • other Blended Sense intellectual property used to create the Delivered Media.
8.4 License Granted to Blended Sense
To provide the Services, you grant Blended Sense a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, transmit, display, modify (solely as necessary to provide the Services), distribute internally, and otherwise use your User Content and Delivered Media for the limited purpose of:
  • providing the Services;
  • fulfilling Marketplace orders;
  • editing and processing media;
  • storing and backing up Content;
  • generating previews and thumbnails;
  • enabling collaboration features;
  • operating AI-powered features you choose to use;
  • improving system performance;
  • detecting fraud or abuse;
  • complying with legal obligations; and
  • enforcing these Terms.
This license terminates when the applicable Content is permanently deleted from the Services, except where continued retention is required by law or as otherwise described in the Privacy Policy.
8.5 Customer License to Delivered Media
Upon full payment, Blended Sense grants you a worldwide, perpetual, non-exclusive, transferable license to use, reproduce, display, distribute, publish, modify, create derivative works from, and otherwise exploit the Delivered Media for any lawful business or personal purpose.
This license includes the right to use Delivered Media across digital, print, advertising, marketing, broadcast, social media, internal communications, training, websites, presentations, and future media formats.
Unless otherwise stated in a separate written agreement, there are no geographic restrictions or usage limits on Delivered Media after purchase.
8.6 AI-Generated Content
The Services may generate transcripts, captions, summaries, metadata, tags, recommendations, searchable indexes, translations, or other AI-assisted outputs.
Subject to applicable law and the rights of any third-party AI providers, Customers may use AI-generated outputs created from their own Content in connection with their lawful use of the Services.
Because AI-generated outputs may contain inaccuracies or omissions, Customers remain solely responsible for reviewing and verifying such outputs before relying upon them.
8.7 Feedback
If you provide Blended Sense with ideas, suggestions, recommendations, feature requests, bug reports, product feedback, or other comments regarding the Services ("Feedback"), you grant Blended Sense a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable license to use, modify, commercialize, publish, reproduce, distribute, and incorporate that Feedback into the Services without compensation or attribution.
You acknowledge that Blended Sense has no obligation to implement any Feedback.
8.8 Open Source Software
Certain components of the Services may incorporate open-source software licensed under separate open-source licenses.
Nothing in these Terms limits your rights under any applicable open-source license.
To the extent a conflict exists between these Terms and an applicable open-source license, the open-source license governs solely with respect to the applicable software component.
8.9 Reservation of Rights
Except for the limited licenses expressly granted under these Terms, each party retains all right, title, and interest in and to its respective intellectual property.
No rights are granted by implication, estoppel, or otherwise.
8.10 Copyright Complaints
Blended Sense respects the intellectual property rights of others and expects users to do the same.
If you believe that Content available through the Services infringes your copyright or other intellectual property rights, you may submit a written notice containing:
  • identification of the copyrighted work;
  • identification of the allegedly infringing material;
  • your contact information;
  • a statement of good-faith belief that the use is unauthorized;
  • a statement made under penalty of perjury that the information provided is accurate; and
  • your physical or electronic signature.
Blended Sense may remove or disable access to allegedly infringing material while investigating reported claims and may terminate Accounts associated with repeat infringement where appropriate.
8.11 Portfolio Rights
Unless otherwise prohibited by a separate written agreement or requested in writing by the Customer before project delivery, Blended Sense may display excerpts of Delivered Media, project descriptions, Customer names, or publicly released work in its portfolio, website, case studies, marketing materials, award submissions, sales presentations, and promotional materials.
If a Customer requires confidentiality or non-disclosure, such restrictions must be expressly agreed to in writing.
9. Acceptable Use and Prohibited Conduct
9.1 Lawful Use
You agree to use the Services only for lawful purposes and in accordance with these Terms and all applicable federal, state, local, and international laws and regulations.
You are solely responsible for your use of the Services and for all activity occurring under your Account.
9.2 Prohibited Activities
You may not use the Services to:
  • violate any applicable law or regulation;
  • infringe the intellectual property or privacy rights of others;
  • upload or distribute unlawful, defamatory, fraudulent, obscene, or harmful content;
  • harass, threaten, intimidate, or abuse another individual;
  • impersonate another person or organization;
  • transmit malware, ransomware, spyware, viruses, or other malicious code;
  • interfere with the operation or security of the Services;
  • attempt to gain unauthorized access to any account, network, or system;
  • bypass or disable security features or access controls;
  • interfere with another user's ability to use the Services;
  • use automated systems to overload or disrupt the platform;
  • engage in fraudulent transactions or payment abuse; or
  • otherwise misuse the Services in a manner that could damage Blended Sense or its users.
9.3 Platform Integrity
You may not:
  • copy, reproduce, or mirror the Services;
  • reverse engineer, decompile, disassemble, or attempt to discover the source code of the Services, except where expressly permitted by applicable law;
  • modify or create derivative works of the Services;
  • remove copyright notices, trademarks, or proprietary markings;
  • circumvent usage limits or subscription restrictions;
  • resell or sublicense access to the Services without Blended Sense's prior written authorization; or
  • use the Services to develop or compete with a substantially similar commercial product or service.
9.4 Artificial Intelligence and Automated Use
Unless expressly authorized by Blended Sense, you may not:
  • use bots or automated tools to scrape or harvest platform data;
  • use automated systems to collect Customer, Creative Professional, or Marketplace information;
  • use the Services to train external artificial intelligence or machine learning models using Blended Sense's proprietary platform, documentation, or non-public data;
  • attempt to extract prompts, system instructions, algorithms, or proprietary AI functionality;
  • interfere with or manipulate AI-powered features; or
  • use AI-generated outputs for unlawful or deceptive purposes.
Nothing in this section restricts your use of AI-generated outputs that are expressly provided to you through the Services in accordance with these Terms.
9.5 Marketplace Conduct
Customers agree to interact with Creative Professionals in a respectful, professional, and lawful manner.
Customers may not:
  • request illegal or unsafe work;
  • require Creative Professionals to violate venue rules or applicable law;
  • engage in harassment or discrimination;
  • solicit services outside the Marketplace for the purpose of avoiding applicable platform fees;
  • request work outside the agreed project scope without appropriate compensation; or
  • otherwise interfere with the safe performance of Marketplace Services.
Creative Professionals are expected to maintain professional standards and comply with all applicable Marketplace policies.
9.6 User Content
You are solely responsible for all User Content you upload, submit, or share through the Services.
You may not upload Content that:
  • infringes another person's intellectual property rights;
  • violates privacy, publicity, or confidentiality rights;
  • contains unlawful, fraudulent, or deceptive material;
  • promotes violence, terrorism, or criminal activity;
  • contains malware or malicious code;
  • violates applicable law; or
  • otherwise violates these Terms.
Blended Sense may remove or restrict access to Content that reasonably appears to violate these Terms or applicable law.
9.7 Monitoring and Enforcement
Blended Sense has no general obligation to monitor user activity but reserves the right to investigate suspected violations of these Terms.
To protect the Services and its users, Blended Sense may:
  • remove Content;
  • suspend Marketplace projects;
  • suspend or terminate Accounts;
  • restrict access to features;
  • cooperate with law enforcement;
  • preserve evidence relating to suspected violations; and
  • take any other action reasonably necessary to protect the Services, users, or third parties.
9.8 Reporting Violations
Users who believe that another individual or organization is violating these Terms may report the matter through Blended Sense Support or other reporting mechanisms made available through the Services.
Blended Sense may investigate reported violations but is not obligated to take any particular enforcement action.
9.9 Reservation of Enforcement Rights
Failure by Blended Sense to enforce any provision of this Section does not constitute a waiver of its right to enforce that provision or any other provision in the future. Blended Sense reserves the right to determine, in its reasonable discretion, whether conduct violates these Terms or threatens the safety, integrity, security, or operation of the Services.
10. AI Features, Automation, Facial Recognition, and Biometric Processing
10.1 AI Features
Blended Sense may provide artificial intelligence ("AI")-powered features as part of the Services. These features are designed to enhance media organization, searchability, accessibility, workflow automation, and the overall user experience.
Depending on your subscription plan and the Services you use, AI features may include:
  • facial recognition and identification of recurring individuals;
  • facial grouping and person-based search;
  • object, scene, and activity detection;
  • automatic tagging and metadata generation;
  • speech-to-text transcription;
  • caption generation;
  • language translation;
  • content summarization;
  • searchable transcripts;
  • intelligent media recommendations;
  • workflow automation;
  • knowledge management features;
  • AI-powered search; and
  • other AI-assisted capabilities introduced from time to time.
The availability of AI features may vary by subscription plan, geographic region, applicable law, and product offering.
10.2 Customer Control
Customers determine whether to enable or use AI-powered features made available through the Services. Certain AI capabilities may require additional configuration, permissions, or acceptance of supplemental terms before they become available.
Customers remain responsible for deciding whether AI-generated outputs are appropriate for their intended use.
10.3 AI Output
Artificial intelligence is inherently probabilistic.
AI-generated outputs—including transcripts, captions, summaries, tags, translations, recommendations, metadata, and search results—may contain errors, omissions, inaccuracies, or incomplete information.
Customers should independently review and verify AI-generated outputs before relying upon them for business, legal, regulatory, accessibility, marketing, or other important purposes.
Blended Sense does not warrant that AI-generated outputs will always be accurate, complete, or suitable for every use case.
10.4 Workflow Automation
The Services may use AI or automation to improve operational efficiency, including by:
  • organizing media assets;
  • generating metadata;
  • categorizing Content;
  • routing projects;
  • suggesting workflows;
  • supporting knowledge management;
  • generating documentation;
  • notifying users of platform events;
  • assisting Customer Support; and
  • performing other operational tasks.
Automated workflows are intended to assist users and do not replace human review where professional judgment is required.
10.5 Facial Recognition Features
Where enabled, the Services may analyze uploaded media to identify and group recurring individuals appearing within a Customer's own media library.
Facial recognition is intended to improve media organization, search, filtering, and retrieval.
Blended Sense does not use facial recognition technology to identify unknown individuals outside of a Customer's Workspace or to create a public facial recognition database.
The availability of facial recognition features may vary depending on geographic location, applicable law, and subscription plan.
10.6 Customer Responsibilities for AI Features
Customers are solely responsible for ensuring that they have all rights, permissions, notices, and consents required under applicable law before enabling AI-powered features, including facial recognition or biometric processing.
Where required by law, Customers are responsible for:
  • providing legally required notices;
  • obtaining legally required consents;
  • maintaining required records;
  • honoring applicable opt-out requests; and
  • complying with all applicable privacy and biometric laws.
Blended Sense does not provide legal advice regarding a Customer's compliance obligations.
10.7 Third-Party AI Services
Certain AI capabilities may be provided in whole or in part through third-party artificial intelligence providers. The availability, functionality, and performance of those features may depend upon the continued availability of third-party services.
Blended Sense may replace, modify, or discontinue third-party AI providers at any time without affecting the remainder of the Services.
10.8 Service Improvements
Subject to the licenses granted under these Terms and the practices described in the Privacy Policy, Blended Sense may use operational data, usage analytics, system performance information, and de-identified or aggregated information to improve the Services, platform performance, AI functionality, security, and reliability.
Blended Sense will not use Customer Content to train publicly available artificial intelligence models unless expressly authorized by the Customer.
10.9 Availability of AI Features
AI-powered features are continually evolving.
Blended Sense does not use Customer User Content, Customer Media, or other Customer-provided content to train, fine-tune, improve, or otherwise develop publicly available generative artificial intelligence models. Customer Content is processed solely to provide, maintain, secure, support, and improve the Services delivered directly to the Customer, including AI-powered features made available through the Platform.
Nothing in these Terms guarantees the ongoing availability of any specific AI capability.
10.10 Compliance with Applicable Laws
The use of AI-powered features may be subject to federal, state, local, or international laws governing artificial intelligence, biometric information, privacy, accessibility, employment, consumer protection, or other regulated activities. Customers are solely responsible for ensuring that their use of AI features complies with all laws applicable to their organization and intended use.
10.11 Disclaimer Regarding AI Decisions
The Services are designed to assist users and streamline workflows. AI-generated outputs and automated recommendations are intended to support—not replace—human judgment.
Customers should not rely exclusively on AI-generated outputs when making legal, financial, medical, employment, regulatory, or other decisions that could materially affect the rights, obligations, or well-being of individuals.
11. Privacy
11.1 Privacy Policy
Your use of the Services is also governed by the Blended Sense Privacy Policy, which is incorporated into these Terms by reference.
The Privacy Policy explains how Blended Sense collects, uses, stores, shares, retains, and protects personal information, including information processed through Marketplace Services and AI-powered features.
By using the Services, you acknowledge that you have reviewed the Privacy Policy.
11.2 Customer Privacy Responsibilities
You are responsible for ensuring that you have all necessary rights, permissions, notices, and consents required to upload Content and use the Services.
Where required by law, you are responsible for providing notices to individuals appearing in your Content and obtaining any legally required consents before using AI-powered features, facial recognition, or other processing activities.
11.3 Security
Blended Sense maintains commercially reasonable administrative, technical, and organizational safeguards designed to protect the Services.
Because no system can guarantee absolute security, you acknowledge the inherent risks associated with transmitting information electronically.
11.4 Enterprise Privacy Documentation
Enterprise Customers may request additional privacy and security documentation where appropriate, including Data Processing Addenda ("DPAs"), security questionnaires, and other documentation reasonably required to support compliance with applicable privacy and data protection laws. Where an executed DPA conflicts with these Terms solely with respect to the processing of Personal Information, the DPA shall govern those processing activities.
12. Representations and Warranties
12.1 Mutual Representations
Each party represents and warrants that:
  • it has the full power, authority, and legal capacity to enter into these Terms;
  • entering into and performing under these Terms does not violate any other agreement by which it is bound;
  • it will comply with all applicable laws and regulations in connection with its performance under these Terms; and
  • these Terms constitute a valid and binding agreement enforceable against that party in accordance with their terms.
12.2 Customer Representations
You represent and warrant that:
  • you own or have obtained all necessary rights, licenses, permissions, and consents required to upload, store, process, edit, distribute, and otherwise use all User Content submitted through the Services;
  • your User Content does not infringe or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party;
  • all information you provide to Blended Sense is accurate, complete, and current;
  • you will use the Services only in accordance with these Terms and applicable law;
  • you have obtained any required permissions from individuals appearing in your Content, including any legally required model releases, filming permissions, or privacy notices; and
  • your use of AI-powered features, facial recognition, or other processing activities complies with applicable laws and regulations.
12.3 Marketplace Projects
For Marketplace Services, you further represent and warrant that:
  • you have the authority to authorize the requested project;
  • you have secured any required venue approvals, permits, or filming permissions;
  • you will provide a safe and lawful working environment for Creative Professionals;
  • the information provided regarding the project is materially accurate; and
  • you will cooperate in good faith throughout the production process.
12.4 Blended Sense Representations
Blended Sense represents and warrants that:
  • it has the authority to provide the Services described in these Terms;
  • it will perform Marketplace Services in a professional and commercially reasonable manner;
  • it will use commercially reasonable efforts to maintain the availability of the Services, subject to maintenance, outages, force majeure events, and circumstances beyond its reasonable control; and
  • it will comply with applicable laws governing its operation of the Services.
Nothing in this Section guarantees uninterrupted availability of the Services or error-free operation.
12.5 Third-Party Services
Certain features of the Services rely upon third-party providers, including cloud hosting, payment processors, communications providers, artificial intelligence providers, mapping services, authentication services, analytics platforms, and other technology vendors.
Blended Sense does not represent or warrant the availability, accuracy, security, or continued operation of third-party services beyond its reasonable control.
12.6 No Additional Warranties
Except for the express representations and warranties set forth in these Terms or in a separate written agreement signed by Blended Sense, neither party makes any additional representations or warranties.
Any additional warranties, guarantees, or commitments must be expressly stated in writing and signed by an authorized representative of Blended Sense.
13. Disclaimers
13.1 Services Provided "As Is"
Except as expressly stated in these Terms or in a separate written agreement signed by Blended Sense, the Services are provided on an "as is" and "as available" basis.
To the fullest extent permitted by applicable law, Blended Sense disclaims all warranties, representations, and conditions of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of:
  • merchantability;
  • fitness for a particular purpose;
  • title;
  • non-infringement;
  • quiet enjoyment; and
  • uninterrupted or error-free operation.
13.2 Service Availability
Blended Sense does not warrant that:
  • the Services will always be available, uninterrupted, secure, or error-free;
  • defects or errors will be corrected within any particular timeframe;
  • all Marketplace Services will be available in every geographic location;
  • Creative Professionals will always be available;
  • all requested projects can be completed; or
  • the Services will meet every Customer's specific business requirements.
The Services may be temporarily unavailable due to scheduled maintenance, emergency maintenance, software updates, third-party service interruptions, cybersecurity events, infrastructure failures, or circumstances beyond Blended Sense's reasonable control.
13.3 Marketplace Services
While Blended Sense uses commercially reasonable efforts to match Customers with qualified Creative Professionals and facilitate high-quality production services, Blended Sense does not warrant:
  • the artistic or creative preferences of any Customer;
  • that every requested shot or production element will be captured;
  • uninterrupted recording due to venue restrictions, weather, equipment failures, participant conduct, or other circumstances beyond reasonable control;
  • that every project outcome will satisfy subjective creative expectations; or
  • that production schedules will never change.
Creative services are inherently subjective and may vary depending on the circumstances of each project.
13.4 AI Features
Artificial intelligence features are intended to assist users and improve operational efficiency. Blended Sense does not warrant that AI-generated outputs—including transcripts, captions, summaries, metadata, recommendations, translations, search results, or other automated outputs—will be accurate, complete, current, or suitable for any particular purpose.
Customers are solely responsible for reviewing and verifying AI-generated outputs before relying upon them.
13.5 Third-Party Services
The Services may rely upon third-party providers for hosting, cloud infrastructure, payment processing, communications, artificial intelligence, mapping, authentication, analytics, and other operational functions.
Blended Sense is not responsible for service interruptions, outages, errors, delays, or failures caused by third-party providers beyond its reasonable control.
13.6 Customer Content
Blended Sense does not monitor, verify, endorse, or guarantee the accuracy, legality, ownership, or reliability of User Content uploaded to the Services.
Customers remain solely responsible for all Content they upload, store, process, or distribute through the Services.
13.7 Internet and Technology Risks
Customers acknowledge that the transmission and storage of information over the Internet involves inherent risks.
Blended Sense cannot guarantee that unauthorized third parties will never circumvent security measures or gain unauthorized access to the Services.
Customers are responsible for implementing appropriate security measures for their own devices, networks, credentials, and backups.
13.8 Business Decisions
The Services, including AI-powered features, analytics, reporting tools, recommendations, and workflow automation, are provided to support decision-making and operational efficiency.
Customers remain solely responsible for all business, legal, financial, operational, employment, marketing, regulatory, and commercial decisions made using information obtained through the Services.
Blended Sense is not responsible for decisions made by Customers based upon AI-generated outputs, analytics, reports, or recommendations.
13.9 No Legal, Financial, or Professional Advice
The Services are provided as technology and creative production services.
Nothing provided through the Services constitutes legal, financial, accounting, tax, investment, employment, regulatory, or other professional advice.
Customers should consult qualified professionals before making decisions requiring professional judgment.
13.10 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain legal rights.
To the extent such laws apply, some of the disclaimers contained in these Terms may not apply, and nothing in these Terms limits any non-waivable rights provided under applicable law.
14. Indemnification
14.1 Customer Indemnification
You agree to defend, indemnify, and hold harmless Blended Sense, its affiliates, subsidiaries, officers, directors, employees, contractors, licensors, partners, successors, and assigns (collectively, the "Blended Sense Parties") from and against any third-party claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and reasonable attorneys' fees arising out of or relating to:
  • your use or misuse of the Services;
  • your violation of these Terms;
  • your violation of any applicable law or regulation;
  • your User Content;
  • your infringement or alleged infringement of any intellectual property, privacy, publicity, or other rights of a third party;
  • your failure to obtain required permissions, licenses, permits, notices, or consents;
  • your use of AI-powered features in violation of applicable law;
  • your interactions with Creative Professionals or other users outside the Services; or
  • your negligence, fraud, willful misconduct, or unlawful acts.
14.2 Marketplace Projects
Without limiting the foregoing, you agree to indemnify the Blended Sense Parties against third-party claims arising from:
  • unsafe filming environments;
  • inaccurate project information;
  • venue restrictions or violations;
  • failure to obtain filming permits or venue authorization;
  • failure to obtain model releases or participant consents where required by law;
  • injuries or property damage caused by you or your representatives; and
  • materials, branding, logos, music, or other content supplied by you for use in a project.
Customer Confidential Information also includes non-public pricing, negotiated discounts, custom commercial terms, Statements of Work, Enterprise Agreements, payment arrangements, implementation plans, and other commercial information that is designated as confidential or would reasonably be understood to be confidential.
14.3 Blended Sense Indemnification
Blended Sense agrees to defend, indemnify, and hold harmless you from any third-party claim alleging that the Services, excluding User Content and third-party materials supplied by you, directly infringe a United States copyright, trademark, or patent, provided that you:
  • promptly notify Blended Sense in writing of the claim;
  • provide reasonable cooperation in the defense of the claim; and
  • permit Blended Sense to control the defense and settlement of the claim.
If the Services become, or in Blended Sense's reasonable opinion are likely to become, the subject of such a claim, Blended Sense may, at its option:
  • obtain the right for you to continue using the affected Services;
  • modify or replace the affected Services so they are no longer infringing while providing substantially similar functionality; or
  • terminate the affected portion of the Services and provide a prorated refund for any prepaid fees applicable solely to the affected Services.
Neither Party shall disclose non-public pricing, negotiated commercial terms, or payment arrangements to any third party except to its accountants, attorneys, auditors, financing sources, or other professional advisors who are bound by confidentiality obligations, unless disclosure is required by law or authorized in writing by the other Party.
14.4 Exclusions
Blended Sense has no indemnification obligation to the extent a claim arises from:
  • User Content;
  • Customer instructions or specifications;
  • modifications made by anyone other than Blended Sense;
  • use of the Services in combination with products or services not provided or approved by Blended Sense where the claim would not otherwise have arisen;
  • continued use of allegedly infringing Services after Blended Sense provides a replacement or modification; or
  • your violation of these Terms or applicable law.
14.5 Indemnification Procedure
The party seeking indemnification must:
  • promptly notify the indemnifying party of the claim, provided that a delay in notice will not relieve the indemnifying party of its obligations except to the extent materially prejudiced by the delay;
  • provide reasonable cooperation, at the indemnifying party's expense, in the defense of the claim; and
  • allow the indemnifying party to control the defense and settlement of the claim.
The indemnifying party may not settle any claim that admits fault or imposes non-monetary obligations on the indemnified party without that party's prior written consent, which shall not be unreasonably withheld, conditioned, or delayed.
14.6 Exclusive Remedy
This Section states each party's sole and exclusive obligations, and the other party's exclusive remedies, with respect to third-party intellectual property infringement claims covered by these Terms.
15. Limitation of Liability
15.1 Limitation of Liability
To the fullest extent permitted by applicable law, the aggregate liability of Blended Sense, its affiliates, subsidiaries, officers, directors, employees, contractors, licensors, partners, successors, and assigns (collectively, the "Blended Sense Parties") arising out of or relating to these Terms or the Services shall not exceed the greater of:
  • the total amount paid by you to Blended Sense for the applicable Services during the twelve (12) months immediately preceding the event giving rise to the claim; or
  • one hundred U.S. dollars (US $100), if you have not paid Blended Sense for the applicable Services during that period.
This limitation applies regardless of the legal theory upon which the claim is based, including contract, tort (including negligence), strict liability, statute, or otherwise.
15.2 Exclusion of Certain Damages
To the fullest extent permitted by applicable law, the Blended Sense Parties shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including damages for:
  • lost profits;
  • lost revenue;
  • lost business opportunities;
  • loss of goodwill;
  • loss of anticipated savings;
  • loss of use;
  • business interruption;
  • loss, corruption, or recovery of data;
  • replacement costs;
  • reputational harm; or
  • any other commercial or economic loss,
even if Blended Sense has been advised of the possibility of such damages.
15.3 Marketplace Services
Blended Sense shall not be liable for losses arising from circumstances outside its reasonable control, including:
  • weather conditions;
  • venue restrictions;
  • customer delays;
  • participant conduct;
  • equipment failures not caused by Blended Sense's gross negligence;
  • transportation disruptions;
  • governmental actions;
  • utility failures;
  • internet outages;
  • third-party service failures; or
  • Force Majeure Events described in these Terms.
Blended Sense also shall not be liable for subjective dissatisfaction regarding artistic style, creative direction, or production preferences where the Services were performed in a commercially reasonable manner.
15.4 AI Features
Blended Sense shall not be liable for decisions made by Customers or third parties based upon:
  • AI-generated transcripts;
  • captions;
  • summaries;
  • translations;
  • recommendations;
  • metadata;
  • search results;
  • workflow automation; or
  • other AI-generated outputs.
Customers remain solely responsible for reviewing and validating AI-generated outputs before relying upon them.
15.5 Third-Party Services
Blended Sense is not responsible for damages resulting from the acts, omissions, failures, delays, outages, security incidents, or service interruptions of third-party providers, including cloud hosting providers, payment processors, telecommunications providers, artificial intelligence providers, analytics services, authentication providers, or other integrated technologies beyond Blended Sense's reasonable control.
15.6 Customer Content
Customers are solely responsible for maintaining backup copies of their User Content. Blended Sense shall not be liable for the loss, corruption, deletion, alteration, or inability to recover Customer Content except to the extent caused by Blended Sense's gross negligence or willful misconduct and only as otherwise required by applicable law.
15.7 Exceptions
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law.
Additionally, the limitations of liability contained in this Section do not apply to:
  • either party's fraud or fraudulent misrepresentation;
  • either party's willful misconduct;
  • either party's gross negligence, where such limitation is prohibited by applicable law;
  • either party's obligations under Section 14 (Indemnification);
  • your obligation to pay amounts properly owed under these Terms; or
  • any other liability that cannot legally be limited or excluded.
Nothing in this Section prevents the Parties from agreeing to different liability allocations relating to privacy, security, or data protection obligations in an executed Enterprise Agreement or Data Processing Addendum.
15.8 Essential Basis of the Bargain
The parties acknowledge that:
  • the pricing of the Services reflects the allocation of risk set forth in these Terms;
  • the disclaimers and limitations of liability are an essential basis of the bargain between the parties; and
  • Blended Sense would not provide the Services on the same economic terms without these limitations.
15.9 Jurisdictional Limitations
Some jurisdictions do not permit certain limitations of liability. To the extent prohibited by applicable law, portions of this Section may not apply, and the remaining provisions shall remain in full force and effect.
16. Termination
16.1 Termination by You
You may terminate your Account or discontinue your use of the Services at any time by:
  • canceling your subscription through your Account settings, if available;
  • contacting Blended Sense Customer Support; or
  • ceasing all use of the Services.
Termination of your Account does not automatically cancel outstanding Marketplace projects, unpaid invoices, or other contractual obligations incurred prior to termination. Unless otherwise required by applicable law or a separate written agreement, subscription cancellations become effective at the end of the current billing period.
16.2 Termination by Blended Sense
Blended Sense may suspend or terminate your Account, Workspace, subscription, or access to the Services immediately, or upon reasonable notice, if:
  • you materially breach these Terms;
  • you fail to pay amounts owed;
  • fraudulent, deceptive, or unlawful activity is suspected;
  • your use of the Services creates security, operational, or legal risks;
  • you repeatedly violate Marketplace policies;
  • you misuse AI-powered features;
  • continued access could harm Blended Sense, other users, Creative Professionals, or third parties; or
  • Blended Sense is required to do so by law.
Where commercially reasonable, Blended Sense will provide notice and an opportunity to cure the violation before terminating your Account. Blended Sense may terminate immediately without prior notice where immediate action is reasonably necessary to protect the Services, investigate fraud, address security concerns, or comply with applicable law.
16.3 Effect of Termination
Upon termination or expiration of these Terms:
  • your right to access and use the affected Services will end;
  • active subscriptions will terminate at the conclusion of the applicable billing period unless earlier termination is permitted under these Terms;
  • unpaid fees and other accrued obligations remain immediately due and payable;
  • Marketplace projects that have already begun may continue through completion or be canceled in accordance with applicable cancellation policies;
  • Blended Sense may deactivate your Account and Workspace; and
  • any licenses granted to you under these Terms terminate, except where expressly stated to survive.
16.4 Access to Content Following Termination
Following termination of your Account, Blended Sense may provide a limited opportunity for you to download eligible User Content or Delivered Media, subject to:
  • your subscription status;
  • payment of all outstanding amounts;
  • applicable retention periods;
  • storage policies;
  • any Enterprise Agreement; and
  • technical feasibility.
Following the applicable retention period described in these Terms and the Privacy Policy, Blended Sense may permanently delete Content from its systems.
Customers are solely responsible for downloading and maintaining copies of any Content they wish to retain.
16.5 Surviving Provisions
Termination or expiration of these Terms does not affect any provision that, by its nature, should survive termination.
Without limitation, the following Sections survive termination:
  • Billing and Payment Obligations;
  • Ownership, Intellectual Property, and License Rights;
  • Acceptable Use (to the extent applicable);
  • Indemnification;
  • Limitation of Liability;
  • Dispute Resolution;
  • Governing Law;
  • Miscellaneous; and
  • any other provisions intended to survive by their nature.
16.6 No Liability for Termination
To the fullest extent permitted by applicable law, Blended Sense is not liable for any loss of profits, business opportunities, anticipated savings, goodwill, or other damages resulting from the lawful suspension or termination of an Account or the discontinuation of the Services in accordance with these Terms.
Nothing in this Section limits any rights that cannot be waived under applicable law.
16.7 Transition Assistance
Unless otherwise required under an executed Enterprise Agreement or separate written agreement, Blended Sense is not obligated to provide migration services, export assistance, consulting services, or transition support following termination.
Where available, such services may be offered at Blended Sense's then-current professional services rates.
17. Governing Law and Dispute Resolution
17.1 Governing Law
These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or the Services, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.
17.2 Good Faith Resolution
Before initiating arbitration or litigation, the parties agree to make a good-faith effort to resolve any dispute informally.
A party seeking to initiate a dispute shall provide written notice describing the nature of the dispute and the requested resolution.
Unless immediate legal relief is necessary, the parties agree to attempt to resolve the dispute through informal discussions for at least thirty (30) days before initiating formal legal proceedings.
Nothing in this Section prevents either party from seeking temporary or emergency equitable relief where necessary to prevent immediate and irreparable harm.
17.3 Binding Arbitration
Except as otherwise provided in these Terms, any dispute arising out of or relating to these Terms or the Services that cannot be resolved through good-faith negotiations shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its applicable Commercial Arbitration Rules.
The arbitration shall:
  • be conducted in English;
  • be heard by a single arbitrator unless otherwise required by the applicable AAA rules;
  • take place in Delaware, unless the parties mutually agree to another location or to a virtual proceeding; and
  • result in a final and binding decision enforceable in any court of competent jurisdiction.
The arbitrator may award any remedy available under applicable law, except as limited by these Terms.
17.4 Exceptions
The arbitration requirement does not apply to:
  • claims that qualify for small claims court;
  • actions seeking temporary, preliminary, or permanent injunctive relief;
  • claims involving actual or alleged infringement or misappropriation of intellectual property rights; or
  • claims that applicable law prohibits from being resolved through arbitration.
17.5 Class Action Waiver
To the fullest extent permitted by applicable law, disputes shall be resolved solely on an individual basis.
You and Blended Sense each waive any right to participate in:
  • class actions;
  • class arbitrations;
  • collective actions;
  • representative proceedings; or
  • private attorney general actions,
except where such waivers are prohibited by applicable law.
The arbitrator may not consolidate claims involving multiple parties without the written consent of all affected parties.
17.6 Jury Trial Waiver
To the fullest extent permitted by applicable law, each party knowingly and voluntarily waives any right to a trial by jury for any dispute arising out of or relating to these Terms or the Services, except where such waiver is prohibited by applicable law.
17.7 Venue for Non-Arbitrable Claims
If a dispute is determined not to be subject to arbitration, or if a court determines that arbitration cannot be enforced for a particular claim, the parties agree that exclusive jurisdiction and venue shall lie in the state or federal courts located in Delaware.
Each party consents to the personal jurisdiction of those courts.
17.8 Time Limitation on Claims
To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or the Services must be commenced within one (1) year after the claim arose or reasonably should have been discovered.
This limitation does not apply where prohibited by applicable law.
17.9 Attorneys' Fees
Unless otherwise required by applicable law or awarded by the arbitrator or court, each party shall bear its own attorneys' fees, costs, and expenses incurred in connection with any dispute arising under these Terms.
18. Miscellaneous
18.1 Entire Agreement
These Terms, together with the Blended Sense Privacy Policy, any applicable Order Forms, Enterprise Agreements, Reseller Agreements, Affiliate Agreements, Creative Professional Agreements, Service Level Agreements, and any other written agreements expressly incorporated by reference, constitute the entire agreement between you and Blended Sense regarding your use of the Services.
These Terms supersede all prior or contemporaneous oral or written understandings, communications, proposals, negotiations, and agreements relating to the same subject matter.
18.2 Order of Precedence
If there is a conflict between these Terms and another written agreement executed by both parties, the documents shall control in the following order of precedence:
  1. Executed Enterprise Agreement or Master Services Agreement (MSA)
  2. Executed Statement of Work (SOW) or Order Form
  3. Service Level Agreement (SLA), if applicable
  4. Affiliate, Reseller, or Creative Professional Agreement, as applicable
  5. These Terms & Conditions
  6. Privacy Policy
The Privacy Policy governs only with respect to the processing of personal information and does not modify the commercial terms of these Terms.
18.3 Assignment
You may not assign, transfer, delegate, or otherwise convey any of your rights or obligations under these Terms without the prior written consent of Blended Sense.
Blended Sense may assign or transfer these Terms, in whole or in part, without your consent in connection with:
  • a merger;
  • acquisition;
  • corporate reorganization;
  • sale of assets;
  • financing transaction; or
  • operation of its business.
These Terms are binding upon and inure to the benefit of each party and their respective successors and permitted assigns.
18.4 Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) due to causes beyond its reasonable control, including:
  • natural disasters;
  • severe weather;
  • fire;
  • flood;
  • earthquakes;
  • pandemics or public health emergencies;
  • war;
  • terrorism;
  • civil unrest;
  • labor disputes;
  • governmental actions;
  • utility failures;
  • internet outages;
  • cloud service interruptions;
  • cyberattacks;
  • supply chain disruptions; or
  • other events beyond the affected party's reasonable control.
The affected party will use commercially reasonable efforts to resume performance as soon as practicable.
18.5 Notices
Blended Sense may provide notices by:
  • email;
  • in-product notifications;
  • Workspace notifications;
  • posting within the Services; or
  • other reasonable electronic means.
You are responsible for maintaining a current email address and contact information associated with your Account.
Notices are deemed received when sent, posted, or otherwise made available through the Services.
18.6 Electronic Communications
By using the Services, you consent to receive communications electronically. You agree that electronic notices, disclosures, agreements, invoices, records, approvals, and other communications satisfy any legal requirement that such communications be in writing.
18.7 Electronic Signatures
Where applicable, you agree that electronic signatures, electronic acceptances, click-through agreements, and similar electronic methods of acceptance are legally binding and have the same force and effect as handwritten signatures to the fullest extent permitted by applicable law.
18.8 Relationship of the Parties
Nothing in these Terms creates any partnership, joint venture, franchise, employment, fiduciary, or agency relationship between you and Blended Sense.
Creative Professionals providing Marketplace Services are independent contractors unless expressly stated otherwise in a separate written agreement.
18.9 No Waiver
The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision.
Any waiver must be in writing and signed by the party granting the waiver.
18.10 Severability
If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
The invalid provision shall be interpreted, reformed, or replaced to the minimum extent necessary to make it enforceable while preserving its original intent.
18.11 Independent Remedies
Except where expressly stated otherwise, the rights and remedies provided under these Terms are cumulative and are in addition to any rights or remedies available under applicable law.
18.12 No Third-Party Beneficiaries
Except as expressly provided in these Terms, these Terms are solely for the benefit of the parties and do not create any rights in favor of any third party.
18.13 Headings
Section titles and headings are provided for convenience only and do not affect the interpretation of these Terms.
18.14 Interpretation
For purposes of these Terms:
  • the words "including," "include," and "includes" mean "including without limitation";
  • references to the singular include the plural and vice versa where appropriate;
  • references to one gender include all genders;
  • references to "days" mean calendar days unless expressly stated otherwise; and
  • the word "or" is not exclusive unless the context clearly requires otherwise.
18.15 Changes to These Terms
Blended Sense may modify these Terms from time to time. If a change materially affects your rights or obligations, Blended Sense will provide reasonable notice through the Services, by email, or by another appropriate method before the updated Terms become effective.
Your continued use of the Services after the effective date of the revised Terms constitutes acceptance of the updated Terms.
If you do not agree to the revised Terms, you must discontinue your use of the Services.
18.16 Contact Information
Questions regarding these Terms may be directed to:
Blended Sense
Email: legal@blendedsense.com
Website: www.blendedsense.com
Additional contact information may be updated from time to time through the Services or on the Blended Sense website.
701 Brazos #1616
Austin, TX 78705
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