Terms of Service

1. Agreement

These Terms of Service (“Terms”) govern your access to and use of RKDA OS, the client portal and project management platform operated by RKDA MEDIA LLC (“RKDA,” “we,” or “us”). By creating an account or using the platform, you agree to be bound by these Terms. If you are using RKDA OS on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

2. The Service

RKDA OS provides a platform for managing creative projects, communicating with your account team, tracking deliverables, and managing your Studio Membership subscription with RKDA MEDIA LLC. Access to specific features depends on your subscription tier.

3. Accounts

• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• You must notify us immediately at legal@rkdamedia.com if you suspect unauthorized access to your account.
• You must provide accurate and current information when registering and keep it up to date.
• Accounts are for authorized users of your organization only. You may not share credentials with individuals outside your organization.

4. Subscriptions and Billing

• Studio Memberships are billed on a monthly basis and operate on 12-month contractual terms.
• Subscription fees are charged in advance at the start of each monthly billing cycle via Stripe.
• Upgrades to a higher tier take effect at the next monthly billing cycle. Downgrades take effect at the end of your 12-month term.
• Credits issued under your membership expire 90 days from their issuance date unless otherwise stated. Unused credits do not roll over beyond their expiry date.
• Flash projects consume flash allowance from your membership. Unused flash allowance resets at each monthly billing cycle.
• If a payment fails, your account will be suspended until payment is resolved. We will notify you by email.
• All fees are non-refundable except as required by applicable law or as specifically stated in a written agreement with RKDA MEDIA LLC.

5. Acceptable Use

You agree not to:

• Use RKDA OS for any unlawful purpose or in violation of any applicable laws or regulations.
• Attempt to gain unauthorized access to any part of the platform, other accounts, or our infrastructure.
• Transmit any content that is defamatory, harassing, obscene, or infringes the rights of any third party.
• Introduce viruses, malware, or other harmful code into the platform.
• Scrape, crawl, or extract data from the platform using automated means without our prior written consent.
• Resell or sublicense access to the platform.

6. Intellectual Property

Your content: You retain all ownership rights to content you submit through RKDA OS, including creative briefs, brand assets, and communications. You grant RKDA a limited license to store and process your content solely to provide the service.

Deliverables: Ownership of creative deliverables produced by RKDA MEDIA LLC is governed by your separate service agreement with RKDA MEDIA LLC, not solely these Terms.

Platform: RKDA OS, including its design, code, and all underlying technology, is the exclusive property of RKDA MEDIA LLC. Nothing in these Terms grants you any rights to the platform itself.

7. Confidentiality

Both parties agree to keep confidential any non-public information shared through the platform that is designated as confidential or that would reasonably be understood to be confidential given the nature of the information. This obligation does not apply to information that is or becomes publicly known through no breach of this agreement, or that is independently developed without reference to the confidential information.

8. Disclaimer of Warranties

RKDA OS is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the platform will be uninterrupted, error-free, or free of harmful components.

9. Limitation of Liability

To the maximum extent permitted by applicable law, RKDA MEDIA LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the platform, even if we have been advised of the possibility of such damages. Our total aggregate liability for any claim arising under these Terms shall not exceed the fees you paid to us in the three months preceding the claim.

10. Termination

Either party may terminate access to RKDA OS upon written notice. We reserve the right to suspend or terminate accounts that violate these Terms, with or without notice. Upon termination, your access to the platform will cease and we will handle your data in accordance with our Privacy Policy. Sections relating to intellectual property, confidentiality, disclaimer of warranties, and limitation of liability survive termination.

11. Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to its conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in Maricopa County, Arizona, and you consent to personal jurisdiction in those courts.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email at least 14 days before they take effect. Your continued use of RKDA OS after the effective date constitutes your acceptance of the updated Terms.