Terms of Service

Last updated: August 28, 2026

1. Agreement to These Terms

These Terms of Service ("Terms") govern your access to and use of Proffer Creative (the "Service"), a product of Tekmerion Productions ("Company," "we," "us"). By creating an account or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Description of the Service

Proffer Creative helps production companies, photographers, and videographers ("Users," "you") turn client inquiries into branded, budget-ready service proposals, including intake forms, pricing tools informed by industry rate benchmarks, and electronic signature collection from your clients ("Clients").

3. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use.

4. Subscription Plans, Billing, and Payment

The Service is offered under subscription plans (currently "Lite" and "Pro"), billed monthly or annually as selected at signup. Subscriptions renew automatically at the end of each billing period at the then-current price for your plan unless canceled before the renewal date.

New subscriptions may begin with a free trial period. A payment method is required to start a trial; if you do not cancel before the trial ends, your card will be charged for the plan you selected.

We will send a reminder notice to the email address on your account at least two (2) days before a free trial ends and at least ten (10) days before an annual subscription renews, so you have the opportunity to make changes or cancel before being charged. It is your responsibility to keep your account email address current in order to receive these notices; failure to receive a notice because of an outdated or undeliverable email address does not entitle you to a refund.

From time to time we may offer limited-time discounted or promotional pricing (for example, a "founding member" or beta rate) to specific individuals or groups. Unless the specific offer states otherwise, discounted pricing applies only for the period stated in that offer, and the subscription will then renew automatically at the standard rate for that plan. We will disclose the post-promotional renewal price at the time any such offer is presented.

All payments are processed by Stripe, Inc. We do not store your full payment card number. Prices are listed exclusive of applicable taxes unless stated otherwise.

5. Cancellation and Refunds

You may cancel your subscription at any time through your account dashboard. Cancellation takes effect at the end of your current billing period, and you will retain access until then. Except as required by law or as expressly stated in a specific promotional offer, payments already made are non-refundable.

6. Your Content

"Your Content" means the branding assets, custom pricing, proposal templates, and other material you upload or enter into the Service, as well as any Client information you submit or that your Clients submit through your branded intake form. You retain ownership of Your Content. You grant us a limited license to host, store, transmit, and display Your Content solely as necessary to operate and provide the Service to you.

You represent that you have the right to submit Your Content, including any Client personal information, and that your own collection and use of Client data complies with applicable law. See our Privacy Policy for how we handle this data on your behalf.

7. Electronic Signatures

The Service allows Clients to review and electronically sign proposals you send them. Electronic signatures obtained through the Service are intended to be valid and enforceable to the same extent as a handwritten signature, consistent with applicable law such as the U.S. ESIGN Act and the Tennessee Uniform Electronic Transactions Act. You are responsible for confirming that the Service's signature process satisfies your own legal, contractual, and industry requirements; we do not guarantee that any particular signed proposal will be enforceable in every circumstance or jurisdiction.

8. Industry Rate Benchmark Data

Rate benchmarks provided in the Service are for general reference only. They are not a guarantee of current, local, or client-specific pricing, and we are not responsible for pricing or business decisions you make using this data.

9. Acceptable Use

You agree not to: use the Service for any unlawful, fraudulent, or abusive purpose; attempt to breach or circumvent the Service's security; reverse-engineer or resell the Service without our permission; use the Service to send spam or harass any person; or submit content that infringes another party's rights or violates applicable law.

10. Intellectual Property

Aside from Your Content, the Service and all associated software, design, and branding are owned by Tekmerion Productions and protected by applicable intellectual property law. These Terms do not grant you any rights to our intellectual property beyond what is expressly stated here.

11. Service Availability and Changes

We provide the Service on an "as available" basis and may add, modify, suspend, or discontinue features from time to time. Where practical, we will provide reasonable notice of material changes that affect your use of the Service.

12. Termination

We may suspend or terminate your account for violation of these Terms, non-payment, or conduct that we reasonably believe harms the Service or other users. You may terminate these Terms and close your account at any time, for any reason or no reason, by canceling your subscription as described in Section 5 or by contacting us directly. Upon termination by either party, your access to the Service ends; data is handled as described in our Privacy Policy.

13. Disclaimer of Warranties

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, to the maximum extent permitted by law.

14. Limitation of Liability

To the maximum extent permitted by law, our total liability arising from your use of the Service is limited to the amount you paid us in the twelve (12) months before the claim arose. We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits or lost data.

15. Indemnification

You agree to indemnify, defend, and hold us harmless from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, Your Content, or your violation of these Terms or applicable law, except to the extent such claims arise from our gross negligence, willful misconduct, or material breach of these Terms. We will provide you with prompt written notice of any such claim, and you agree to cooperate with us, at your expense, in its defense; we reserve the right to participate in the defense with counsel of our own choosing at our own expense.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-law principles. Any dispute arising from these Terms or the Service shall be brought exclusively in the state or federal courts located in Tennessee, and you consent to personal jurisdiction there.

17. Changes to These Terms

We may update these Terms from time to time. We will communicate material changes by email or through a notice within the Service. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

18. Contact

Questions about these Terms can be sent to Tekmerion Productions at brian@tekmerion.net.