1Description of Service
Kuro is a contractor availability management platform. The Service allows production companies (“Customers”) to collect, manage, and view the scheduling availability of their independent contractors (“Contractors”) via SMS-based outreach and a web-based dashboard.
2Accounts and Access
2.1Customer Accounts
Customers must register for an account to access the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must promptly notify us of any unauthorized access.
2.2Contractor Access
Contractors do not create accounts. Contractors access the Service through permanent personal links. Each contractor is assigned a unique URL that does not require login or authentication.
3Acceptable Use
You agree not to:
- Use the Service to send unsolicited messages to individuals who are not part of your contractor network.
- Collect or store contractor information through the Service for purposes unrelated to scheduling and availability management.
- Attempt to access another Customer’s data, contractor information, or account.
- Reverse engineer, decompile, or disassemble any part of the Service.
- Use the Service in violation of any applicable law or regulation.
- Transmit any malicious code or interfere with the operation of the Service.
4SMS Messaging and TCPA Compliance
4.1Customer Responsibilities
The Service integrates with your own Twilio account to send text messages on your behalf. By using the SMS features of the Service, you represent and warrant that:
- You have obtained prior express consent from each Contractor before adding them to your outreach list and sending them text messages through the Service.
- You will maintain records of such consent.
- You will promptly remove any Contractor from your outreach list upon their request.
- You will comply with all applicable laws governing text messaging, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any state or local regulations.
- You are responsible for your own Twilio account, A2P 10DLC registration, and compliance with Twilio’s acceptable use policies.
4.2Message Content
All text messages sent through the Service will include:
- Identification of the sending organization.
- A link to the availability form.
- Instructions for opting out of future messages.
4.3Opt-Out
Contractors may opt out of receiving text messages at any time by replying STOP to any message or by contacting the Customer directly. Customers are responsible for honoring opt-out requests promptly.
4.4Message Frequency
The Service sends availability check messages on a recurring basis as configured by the Customer, with automated reminders for non-responses. The maximum frequency is one initial message plus the configured number of reminders (up to 3) per outreach period.
4.5Twilio Account
Each Customer provides their own Twilio account credentials to enable SMS functionality. Zou Productions does not operate a shared messaging service. All text messages are sent from the Customer’s own Twilio phone number, and the Customer is the sender of record for all messages.
5Data Ownership
5.1Customer Data
You retain ownership of all data you provide to the Service, including contractor contact information and organizational data. We do not claim ownership of your data.
5.2Contractor-Submitted Data
Availability responses, scheduling notes, and other information submitted by Contractors through the Service are owned by the Customer who manages that Contractor.
5.3Data Portability
You may request an export of your data at any time by contacting us at zouproductionsteam@gmail.com. We will provide your data in a standard machine-readable format within 30 days of the request.
6Service Availability
We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may temporarily suspend the Service for maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of planned downtime.
7Payment
The Service is currently provided free of charge during the beta period. We reserve the right to introduce paid plans with 30 days’ notice. Existing functionality available during the free period will remain accessible for a reasonable transition period after paid plans are introduced.
8Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
9Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
- Your violation of these Terms.
- Your violation of any applicable law, including TCPA and other messaging regulations.
- Your failure to obtain proper consent from Contractors before sending text messages.
- Any dispute between you and your Contractors.
10Termination
10.1By You
You may stop using the Service and close your account at any time by contacting us at zouproductionsteam@gmail.com.
10.2By Us
We may suspend or terminate your access to the Service if you violate these Terms, with or without notice depending on the severity of the violation.
10.3Effect of Termination
Upon termination, your right to access the Service ceases immediately. We will retain your data for 30 days following termination, during which you may request an export. After 30 days, your data will be permanently deleted.
11Modifications to Terms
We may update these Terms from time to time. We will notify you of material changes via email or through the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
12Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts located in San Mateo County, California.
13Contact
For questions about these Terms, contact us at:
Zou Productions
San Bruno, CA