Terms of Service

Last Updated: Jan 2, 2025

Welcome to Personalize, the world's leading outreach personalization service. By utilizing our services, you consent to adhere to the terms of service ("the Terms") detailed below. It's important to review these Terms attentively, as they establish a legally binding agreement between you and Personalize.

Contractual Details:

Specific terms, scope, fees, and duration of services are outlined in individual agreements between Personalize and each client. These agreements are supplementary to this Terms of Service document and provide details unique to each project.


Client Responsibilities and Assurances:


Clients are responsible for providing accurate and lawful content, including sales pitch videos and lead lists, to facilitate video creation.


Content Review:

Personalize reserves the right to decline any inappropriate videos and cancel any order at our sole discretion. If an order is canceled, clients will be refunded minus a 10% service fee.


Output Delivery:

Personalized videos are uploaded directly to the client’s Loom account. A link corresponding to each lead is provided in the client’s lead spreadsheet. All deliveries are final, and no revisions are provided after delivery.


Confidentiality Commitment:

Personalize is committed to safeguarding the confidentiality and privacy of client-provided materials.


Access to Loom Accounts:


Clients may provide access through direct login credentials with a temporary password or by adding Personalize as a secondary user to their Loom account. All access credentials are securely stored and used exclusively for the agreed-upon services. Personalize will delete credentials upon project completion if requested.


Client Data:

Personalize primarily handles lead lists and ensures they are securely stored. Upon request, all client data will be deleted after project completion. Data is otherwise retained for potential future video requests.


Payment Conditions:


Fees: All clients must pay upfront in full via our Stripe portal. Payments are considered final upon completion, and no refunds are issued.


Cancellation:

Clients may cancel orders before production begins. Refunds for cancellations are subject to a 10% service fee.


Intellectual Property Rights:

Ownership:

Once full payment is received, clients own the personalized videos created by Personalize. However, videos cannot be resold or redistributed without explicit permission.

Restrictions:

Clients are prohibited from using the personalized videos or the Personalize process to create or replicate an automated video personalization solution via software or similar systems. Manual recording via Loom is permitted for outreach purposes.


Disclaimer and Limitation of Liability:

No Warranties:

Personalize does not guarantee specific outcomes, such as engagement or conversion rates, from the personalized videos.

Liability Limitation:

Personalize is not liable for any indirect, incidental, consequential, or special damages related to the use of our services.


Force Majeure:


Personalize is not responsible for delays or failures caused by events beyond our reasonable control, including but not limited to technical failures, natural disasters, or changes in platform policies.


Arbitration and Governing Law:

Governing Law:

These Terms of Service are governed by and construed in accordance with the laws of the State of Victoria, Australia.

Arbitration Clause:

Any disputes, claims, or controversies arising out of or relating to these Terms or the services provided by Personalize shall be resolved through binding arbitration. The arbitration will be conducted in Melbourne, Australia, in accordance with the rules of the applicable arbitration body. By agreeing to these Terms, you waive your right to bring claims to court (except for matters that may be taken to small claims court) and agree that the arbitrator’s decision will be final and binding.


Legal Proceedings:

Any legal action or proceeding outside of arbitration shall also take place exclusively in Melbourne, Australia.


Modifications to Terms:

Personalize reserves the right to amend these Terms of Service at any time. Continued use of our services following any changes constitutes acceptance of the updated terms. Clients will be notified of material changes to these Terms via email.


Contact Us:

If you have any questions or require clarification regarding these Terms of Service, please contact us at info@usepersonalize.com.


By engaging Personalize for your outreach needs, you confirm that you have read, understood, and agreed to these Terms of Service.