Terms of Service

These Terms of Service ("Terms") are a contract between you and Thinkswell, LLC, the owner and operator of Production Swell ("Production Swell," "we," "us"), governing your access to and use of the Production Swell platform and related services (the "Service"). By creating an account or using the Service, you agree to these Terms. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization.

1. The Service

Production Swell provides software for creative-production studios, including modules for CRM, proposals, contracts and e-signatures, invoicing, crew management, shoot planning, budgets, and location scouting, plus AI-assisted features. We may add, change, or remove features over time.

2. Accounts and eligibility

• You must be at least 18 and able to form a binding contract.
• You are responsible for your account, your users, and keeping credentials secure.
• You are responsible for activity that occurs under your account.

3. Subscriptions, billing, and AI credits

• Paid plans are billed in advance on a recurring basis (monthly or annual) through our payment processor, Stripe, until cancelled. Prices are shown on our pricing page.
• AI features consume credits included with your plan; additional credits may be purchased as one-time top-up packs. Credits and plan allowances are described in the Service.
• Unless required by law or expressly stated, fees are non-refundable and we do not provide refunds or credits for partial periods. You may cancel at any time; your plan stays active until the end of the period already paid for. Where a free trial is offered, its length and any card requirement are stated at sign-up.
• You are responsible for applicable taxes. We may change prices on reasonable advance notice, effective at your next renewal.
• You may cancel at any time; cancellation takes effect at the end of the current billing period.

4. Your content and responsibilities

• You retain ownership of the data and materials you submit ("Customer Content"). You grant us a limited license to host, process, and transmit Customer Content solely to provide the Service.
• You are responsible for Customer Content and for having the rights and any required consents to collect and process it — including personal information about your clients, contractors, and crew, and any consent needed to contact them by email or SMS.
• You will comply with applicable laws, including privacy, marketing, messaging (for example, TCPA for SMS), and tax/reporting laws.

5. Acceptable use

You agree not to:

• break the law or infringe others' rights;
• upload malware or attempt to breach, probe, or disrupt the Service or its security or tenant isolation;
• access another organization's data without authorization;
• reverse engineer, resell, or misuse the Service except as permitted; or
• use AI features to generate unlawful, infringing, or harmful content.

6. Electronic signatures

The Service supports electronic signatures. You and your signers consent to transact electronically, and agree that electronic signatures and records are legally binding to the fullest extent permitted by the U.S. ESIGN Act, UETA, and similar laws. We retain signature audit records (including timestamp, IP address, and user agent) as part of the signed record; these records are preserved for compliance and are not deleted on request where the law requires their retention. You are responsible for determining that electronic signatures are appropriate for your documents.

7. Payments to crew and vendors

Where you enable payouts, payments to your crew and vendors are processed through Stripe and Stripe Connect and are subject to Stripe's terms. You (the Studio) are solely responsible for those payments, the amounts, the underlying engagements, and any tax or worker-classification obligations (including 1099 reporting). Production Swell facilitates the transaction but is not a party to it and is not your payroll provider, employer of record, or tax advisor.

8. Third-party services and AI output

The Service integrates third-party services (including those listed in our Privacy Policy). Your use of them may be subject to their terms. AI features are provided "as is"; output may be inaccurate, incomplete, or unsuitable, and you are responsible for reviewing and verifying it before use. We are not liable for decisions you make based on AI output.

9. Intellectual property

The Service, including its software, design, and content (excluding Customer Content), is owned by Production Swell and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. Feedback you provide may be used by us without obligation to you.

10. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.

11. Limitation of liability

To the maximum extent permitted by law, Production Swell will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total liability arising out of or relating to the Service will not exceed the amount you paid us for the Service in the 12 months before the event giving rise to the claim. This limit does not apply to liability that cannot be limited by law.

12. Indemnification

You will defend, indemnify, and hold harmless Production Swell from claims, damages, and expenses arising out of your Customer Content, your use of the Service, or your violation of these Terms or applicable law.

13. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate access for breach of these Terms, non-payment, or to protect the Service or other users. On termination, your right to use the Service ends; we will make Customer Content available for export for a reasonable period and may then delete it, except where retention is required by law.

14. Changes to these Terms

We may update these Terms from time to time. We will post the updated version and revise the "Last updated" date, and will provide additional notice for material changes. Continued use after changes take effect constitutes acceptance.

15. Governing law and disputes

These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-laws rules, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Davidson County, Tennessee.

16. Text messaging (SMS)

Studios may use the Service to send operational text messages to crew, clients and their own team — call sheets, call-time changes, reminders, on-set updates, replies in an existing conversation, and mention alerts. The Service sends only to numbers on a client, contractor or team-member record that belongs to the Studio, prefixes every message with the Studio's name and Production Swell, and appends opt-out instructions. If you are a Studio, you are responsible for sending the opt-in link to people who want texts rather than texting anyone who has not opted in, and for honoring any request to stop. If you receive our messages, it is because you separately chose to — on our public opt-in page (productionswell.com/sms-opt-in), via the optional, unchecked checkbox on your crew profile form, or an alert you switched on in your own settings — as described in our SMS Terms. Message frequency varies, message and data rates may apply, and you can reply STOP at any time to opt out or HELP for help. Consent to receive texts is never a condition of onboarding, any booking, any purchase, or use of the Service, and declining has no effect on any of them.

17. Contact

Questions about these Terms? Contact hello@productionswell.com. Postal: Thinkswell, LLC, 1120 4th Ave S, Nashville, TN 37210.