Terms of Service

1. Agreement

These Terms of Service ("Terms") are a contract between Prizm Marketing Technologies, LLC, a Texas limited liability company ("PRIZM", "we", "us"), and the organization that creates a PRIZM account ("Customer", "you"). They govern the PRIZM media plan application (the "Service") and this website, prizmmarketing.io.

You accept these Terms by checking the box when you create an account, accept an invitation, or are asked to accept updated Terms. If you accept on behalf of an organization, you confirm that you have authority to bind it. The Service is for business use only, and every user must be at least 18 years old.

2. Accounts and users

Each account belongs to one organization. Organization Admins invite and remove users, assign roles, manage billing and can require two-factor authentication for everyone in the organization.

Each user login is for one named person and may not be shared. You are responsible for keeping credentials secure and for everything done under your account. Tell us promptly at [email protected] if you believe an account has been accessed without permission.

Sessions end after 24 hours of inactivity. When two-factor authentication is on, we may ask for a fresh code before sensitive changes such as plan, billing or security settings.

3. Subscriptions and payment

There is no free tier and no free trial. Your subscription starts when your first payment succeeds, is billed monthly in advance, and renews automatically each month until it is canceled.

Each plan includes a set number of users. Users beyond that number are billed at the per-user price for your plan, if your plan allows additional users. Some plans cap the total number of users or saved templates.

You can change plans at any time. A change takes effect immediately, and the difference for the rest of the billing period is prorated and charged or credited on your next invoice.

Prices are in US dollars and do not include taxes. We charge applicable sales and similar taxes based on the billing address you give us, and you must keep that address accurate. You authorize us to charge your payment method on file for all fees and taxes when they are due.

Payments are processed by Stripe, Inc. under its own terms. We never receive or store your full card number.

We may change prices for future billing periods by giving at least 30 days' notice by email or in the Service. The new price applies from your first renewal after the notice period.

4. Campaign allowances and additional campaigns

Some plans limit the number of new campaigns you can create each month. The allowance resets on the first day of each calendar month (UTC) and unused allowance does not roll over. New versions of an existing campaign do not count against it, and deleting a campaign does not restore it.

Organization Admins can buy additional campaigns. They are charged immediately to the payment method on file, plus applicable tax. They do not expire while your account is active, and they are used only after your monthly allowance is exhausted.

Additional campaigns are non-refundable, have no cash value, cannot be transferred, and are not refunded or credited if your subscription is canceled, downgraded or terminated, except where a refund is required by law.

5. Cancellation and refunds

An Organization Admin can cancel at any time from Billing and Usage in Organization Settings. Cancellation takes effect at the end of the current billing period. You keep full access until then, and you can undo the cancellation before that date.

Subscription fees are non-refundable. We do not give refunds or credits for partial months, unused users, unused campaign allowance, or downgrades, except where required by law.

If a payment fails, Stripe will retry it. You keep access while we retry. If the payment is still not made, the subscription ends and your account becomes read-only as described in section 6.

6. Read-only access and your data after cancellation

When a subscription ends, whether by cancellation, non-payment or otherwise, your account becomes read-only. Users can still sign in, view and export plans, update the organization's address and billing details, and renew. Nothing new can be created or edited until the subscription is renewed.

If you do not renew within 90 days after your subscription ends, we may delete or de-identify your Customer Data without further notice. De-identification removes user names and contact details, client names and contacts, free text you entered such as plan names, descriptions and proposal copy, and your organization's identifying details. Export anything you want to keep before then.

We keep billing and tax records, such as invoices, payment and tax amounts, and your legal name and billing address, for as long as the law requires, generally seven years. Deleted data may remain in encrypted database backups until those backups expire on their normal schedule.

7. Your data

"Customer Data" means what you and your users put into the Service: questionnaire answers, media plans, clients and their contact details, templates, rates and vendor settings you configure, branding, and proposal copy. You own your Customer Data.

You grant us a limited license to host, copy, process and display Customer Data only as needed to provide, secure and support the Service, and as these Terms otherwise allow. We do not sell Customer Data.

You may also enter personal information about your own clients' contacts. You are responsible for having the right to give us that information and for responding to requests from those people. How we handle personal information is described in our Privacy Policy.

We may create aggregated or de-identified data from use of the Service, such as typical tactic mixes or budget allocations by industry, in a form that does not identify you, your users, or your clients. We may use it to operate and improve the Service and our planning models. This data is not Customer Data.

8. Generated plans and recommendations

The Service builds draft media plans from your answers using rules, baseline rates and vendor minimums. Rates, minimums, impressions, reach and other figures are estimates. They are not quotes from any media vendor or platform, and actual prices and results will differ.

You are responsible for reviewing and adjusting every plan before you present it to a client or commit spend. We do not guarantee any campaign result, and we are not responsible for third-party vendors, platforms or publishers named in a plan.

9. Exports

You may download plans and the charts, decks and spreadsheets the Service generates, and you may share them with your clients and use them in your business without attribution to PRIZM. The PRIZM software, templates and layouts used to produce them remain ours.

10. Our service and intellectual property

We own the Service, including its software, planning rules, baseline rates, tactic and vendor catalogs, and design. While your subscription is active, we grant you a non-exclusive, non-transferable right for your users to use the Service for your internal business purposes and for serving your clients. We reserve all rights not expressly granted.

If you send us suggestions or feedback, we may use them without any obligation to you.

11. Acceptable use

You will not, and will not let anyone else: share logins or let more people use the Service than your plan includes; resell or provide the Service to third parties as a service; copy, scrape or extract the Service's rates, catalogs or rules; reverse engineer the Service except where the law allows it; use the Service to build a competing product; probe, scan or test the Service's security without our written permission; circumvent plan limits, rate limits or access controls; interfere with the Service's operation; or use it for anything unlawful or to store content you have no right to use.

12. Availability and changes to the Service

We work to keep the Service available and secure, but we do not promise uninterrupted availability and there is no service-level agreement unless we sign one with you separately. We may perform maintenance and may add, change or remove features.

13. Confidentiality

Each party will protect the other's non-public information that it receives in connection with the Service, including your Customer Data and our non-public product information, using at least reasonable care, and will use it only to perform under these Terms. This does not apply to information that is or becomes public through no fault of the receiving party, was already known to it, or is independently developed. A party may disclose information when legally required, after giving notice where the law allows.

14. Suspension and termination

We may suspend access, with notice where practical, if payment is overdue, if you breach these Terms, or if your use creates a security or legal risk to the Service or others. We may terminate these Terms if a breach is not cured within 15 days after notice, or immediately for a serious breach of section 11.

You may end these Terms by canceling your subscription. Unpaid fees, and sections 6, 7, 10, 13 and 15 through 19, survive termination.

15. Disclaimers

Except as expressly stated in these Terms, the Service and website are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement and accuracy of estimates.

16. Limitation of liability

To the fullest extent the law allows, neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, business or data, however caused, even if advised of the possibility.

To the fullest extent the law allows, each party's total liability arising out of or relating to these Terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

These limits do not apply to your payment obligations, to your breach of section 11, or to liability that cannot be limited by law.

17. Indemnity

You will defend and indemnify PRIZM against third-party claims arising from your Customer Data, your use of plans or exports with your clients, or your breach of section 11, and pay resulting damages, costs and reasonable attorneys' fees, provided we notify you promptly and let you control the defense.

18. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act.

Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Travis County, Texas. Judgment on the award may be entered in any court with jurisdiction.

Claims must be brought individually, not as a plaintiff or class member in any class, consolidated or representative proceeding. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect its intellectual property or confidential information. Any other court proceeding permitted by these Terms will be brought exclusively in the state or federal courts located in Travis County, Texas, and each party consents to their jurisdiction.

19. General

We may update these Terms. For material changes we will notify you by email or in the Service, and users will be asked to accept the updated Terms the next time they sign in. Continuing to use the Service after that means you accept them.

These Terms, together with any order form or agreement we sign with you, are the entire agreement on this subject. If a provision is unenforceable, the rest remain in effect. Not enforcing a provision is not a waiver. You may not assign these Terms without our consent, except to a successor of your whole business. We may assign them in a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. Notices to you go to your organization's billing email or an Organization Admin.

20. This website

Pages and articles on prizmmarketing.io are published for information. They are not advice about your particular media plan, budget or market, and figures used as examples are examples. We may change, move or remove anything on this site.

The PRIZM name, the prism mark and the contents of this site belong to Prizm Marketing Technologies, LLC. Quoting an article with attribution and a link is welcome. Republishing one in full is not.

21. Contact

Prizm Marketing Technologies, LLC, 5900 Balcones Drive, STE 100, Austin, TX 78731. [email protected]