1. Draft status and contracting party
These Platform Terms of Service (the “Terms”) are a development draft for counsel review. They are not approved for production use. Before publication, counsel must confirm the effective date, the contracting entity's notice address, and the enforceability of every remedy and dispute provision. The intended contracting entity and platform operator is Bad Burrito Productions, INC.
These Terms govern access to OTT Platform, including https://ott.badburrito.com, its Studio, channel storefronts, applications, APIs, video, live-event, community, commerce, analytics, and related services (collectively, the “Service”).
2. Acceptance, eligibility, and authority
By creating an account, clicking an acceptance control, purchasing access, uploading content, or otherwise using the Service after these Terms are presented, you agree to these Terms and the policies incorporated by reference. If you do not agree, do not use the Service.
You must be at least 13 years old to hold a viewer account. You must be at least 18 years old, or the age of legal majority where you live, to open or administer a channel, accept payouts, purchase on behalf of an organization, or enter a binding agreement. If you act for an entity, you represent that you have authority to bind it.
3. Platform, channel owner, and viewer roles
The Service provides technology that allows independent channel owners to publish programming, operate branded channels, communicate with viewers, and sell access. Each channel owner controls its programming, pricing, offers, sponsorships, audience relationship, and editorial decisions, subject to these Terms and platform enforcement.
Unless checkout expressly identifies another seller, the channel owner is the merchant and seller of record for viewer purchases made through its channel. Under the default direct-charge model, Bad Burrito Productions, INC retains the application-fee percentage assigned to the channel owner's current operator plan: 8% for Launch, 4% for Growth, and 2% for Network. The channel owner absorbs Stripe's processing fees and other payment-provider charges, which are deducted from the channel owner's proceeds and do not reduce the platform's application fee. The platform supplies software and payment connectivity and may facilitate support, but does not become the producer, publisher, employer, agent, partner, fiduciary, or joint venturer of a channel owner merely by providing the Service.
The actual conduct of the parties controls over labels. Nothing in these Terms transfers a legal duty that applicable law does not allow a party to transfer.
4. Accounts and security
Unless a signed order form states otherwise, Launch is $499 per month plus a $2,500 one-time setup fee and permits two named operator accounts; Growth is $1,250 per month plus a $7,500 one-time setup fee and permits five named operator accounts; and Network is $4,000 per month plus a $20,000 one-time setup fee with its operator-account allowance stated in an order form. The channel owner account counts toward the allowance, while viewer accounts do not.
Platform subscription fees are billed monthly in advance and automatically renew each month until canceled. Cancellation takes effect at the end of the then-current paid billing period unless a signed order form or applicable law requires otherwise. Taxes and separately approved third-party or Enterprise charges may apply as disclosed before purchase.
- Provide accurate, current information and keep it updated.
- Use one account per person; do not share passwords, authentication codes, sessions, or operator credentials.
- Each named operator account may maintain no more than 1 active computer or browser session at a time. A new operator sign-in replaces and invalidates the prior active session for that account.
- Use reasonable safeguards, enable available multi-factor authentication, and promptly report suspected compromise.
- You are responsible for activity performed through your account until you notify us and we have a reasonable opportunity to act, except where law provides otherwise.
- We may require identity, authority, payment, tax, sanctions, or rights verification before enabling features or restoring access.
5. Limited license and restrictions
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for its intended purpose during the applicable subscription or access period.
- Do not copy, resell, sublicense, scrape, frame, mirror, or commercially exploit the Service except through an authorized platform feature.
- Do not reverse engineer, bypass access controls, remove watermarks, defeat DRM, extract streams, or interfere with security or delivery systems except to the extent a restriction is prohibited by law.
- Do not introduce malware, conduct unauthorized testing, overload the Service, automate account creation, or access another tenant's data.
- Do not use the Service or its outputs to build a competing hosted platform through systematic extraction.
6. Content and intellectual property
The platform and its licensors retain all rights in the Service, software, design, documentation, marks, and platform-created materials. Channel owners and users retain ownership of content they lawfully submit, subject to the licenses in the Creator and Channel Owner Agreement and these Terms.
You may submit feedback. You grant us a perpetual, worldwide, royalty-free right to use feedback without restriction or compensation, provided we do not publicly identify you as its source without permission.
User content is supplied by independent users. We do not endorse it and do not guarantee that it is accurate, lawful, complete, suitable, available, or non-objectionable.
7. Incorporated policies
The Privacy Policy, Notice at Collection, Cookie and Tracking Policy, DMCA and Copyright Policy, Acceptable Use and Community Guidelines, Children and Age Policy, Advertising and Sponsorship Policy, Accessibility and Captioning Policy, Communications Policy, Viewer Terms, Subscription and PPV Terms, and Creator and Channel Owner Agreement are incorporated when they apply to your use.
If terms conflict, a signed order form or negotiated agreement controls first, followed by the role-specific agreement, these Terms, and then the general policies, unless a policy expressly states otherwise.
8. Third-party services
The Service depends on third-party providers for hosting, identity, storage, video processing and delivery, payments, email, push notifications, bot protection, analytics, app distribution, and other functions. Current integrations may include Vercel, Supabase, Mux, Stripe, Resend, OneSignal, Google, Cloudflare, and app stores.
Third-party services may have their own terms and privacy practices. We are not responsible for a third party's independent acts, outages, content, or changes, but this sentence does not waive duties that applicable law places on us.
9. Availability, changes, and beta features
We may maintain, update, replace, restrict, suspend, or discontinue all or part of the Service. Video processing, live streams, captions, search, analytics, payments, notifications, and apps may be delayed, incomplete, or unavailable. We do not guarantee uninterrupted or error-free operation, audience size, revenue, discoverability, app-store approval, data migration results, or preservation of content forever.
Pre-release, beta, local-provider, and evaluation features are provided for testing, may be materially incomplete, and must not be used for critical production activity unless expressly approved in writing.
10. Suspension and termination
We may investigate suspected violations and restrict content, payments, playback, communications, integrations, or accounts when reasonably necessary to protect users, the Service, third parties, or legal rights; comply with law or provider rules; address security or fraud; or enforce these Terms.
Where appropriate, we will consider notice and an opportunity to cure or appeal. We may act immediately for urgent safety, security, fraud, exploitation, legal, sanctions, or infringement concerns. Termination does not eliminate accrued payment obligations, licenses needed for wind-down, indemnities, dispute terms, or provisions intended to survive.
11. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT USER CONTENT, AUTOMATED CAPTIONS, TRANSLATIONS, THUMBNAILS, SUMMARIES, METADATA, ANALYTICS, REVENUE PROJECTIONS, THIRD-PARTY SERVICES, OR THAT THE SERVICE WILL SATISFY A PARTICULAR LEGAL, ACCESSIBILITY, SECURITY, TAX, OR BUSINESS REQUIREMENT. THESE DISCLAIMERS DO NOT LIMIT NON-WAIVABLE CONSUMER RIGHTS.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE PLATFORM OPERATOR NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, OR LICENSORS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, CONTENT, AUDIENCE, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PLATFORM PARTIES ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO THE PLATFORM OPERATOR FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) US$100. COUNSEL MUST CONFIRM APPROPRIATE CAPS, CARVE-OUTS, AND JURISDICTION-SPECIFIC RIGHTS BEFORE PRODUCTION.
The limitations do not apply to liability that cannot lawfully be limited, which may include fraud, willful misconduct, certain confidentiality or privacy obligations, personal injury caused by negligence, or statutory consumer rights, depending on jurisdiction.
13. Indemnification
To the extent permitted by law, business users and channel owners will defend, indemnify, and hold harmless the platform parties from third-party claims, losses, judgments, penalties, and reasonable legal fees arising from their content, channel operations, offers, taxes, advertising, instructions, legal violations, infringement, misuse of viewer data, or breach of these Terms. Consumer viewers are not required to indemnify the platform to the extent prohibited by applicable law.
We may control the defense with counsel of our choice, and the indemnifying party may not settle a claim in a way that admits fault, imposes obligations, or restricts rights of a platform party without written consent.
14. Disputes, arbitration, and governing law
COUNSEL REVIEW REQUIRED. Before filing a claim, each party should send a written notice describing the dispute and requested relief and allow 30 days for informal resolution. Notices to the platform should be sent to the contact below and the approved legal mailing address.
Except for eligible small-claims matters and requests for temporary or injunctive relief involving intellectual property, unauthorized access, or misuse, the intended agreement is that disputes be resolved by binding individual arbitration administered by the American Arbitration Association under applicable Consumer or Commercial Arbitration Rules and governed by the Federal Arbitration Act. No party may pursue covered claims as a class, collective, consolidated, or representative action. Each party waives a jury trial for covered claims.
A consumer may opt out of arbitration by sending a signed notice within 30 days after first accepting these Terms. If arbitration or the class waiver is unenforceable for a dispute, exclusive jurisdiction and venue will lie in the state or federal courts located in Los Angeles County, California, and California law will govern without regard to conflicts rules. Nothing prevents a regulator from exercising lawful authority or eliminates non-waivable rights.
15. Changes and general provisions
We may update these Terms prospectively. We will post the updated version and provide additional notice or obtain renewed consent when required. Material changes will not retroactively reduce accrued rights without lawful basis.
If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder will continue. Failure to enforce is not a waiver. You may not assign these Terms without consent; we may assign them in connection with a merger, financing, reorganization, or sale, subject to applicable law. These Terms are the entire agreement for their subject matter unless supplemented by an applicable written agreement.
16. Contact and legal notices
Development contact: dave@badburrito.com. Legal notice address: [Counsel to insert the legal mailing address before production]. Counsel must approve a monitored legal-notice method before production.