1. Agreement and scope

These Terms of Service (the "Terms") are an agreement between you and Media Shower, Inc., a Massachusetts corporation ("Media Shower," "we," "us"). They apply to your use of mediashower.com (the "Website") and of the Media Shower platform and services (together, the "Services"). If you accept these Terms for a company, you confirm that you have authority to bind it, and "you" means that company.

By using the Services, you agree to these Terms. If you do not agree, do not use them.

If you and Media Shower have signed an order form or master agreement, it controls where it conflicts with these Terms. Otherwise, the documents apply in this order: any signed order form, the Data Processing Addendum ("DPA") if one applies, these Terms, then our Privacy Policy. The Privacy Policy explains how we handle personal information on the Website. It is a notice, not a contract term, and does not change these Terms.

2. The Services

Media Shower provides an AI-powered marketing platform together with a human creative team. The platform helps you plan marketing strategy, build marketing materials, and track marketing metrics. Our editors and designers produce the marketing materials you order; our strategists recommend advanced marketing strategies.

• Plans. The Services, features and limits you receive depend on the plan in your order form or on our pricing page.
• Orders. Our team begins work on a piece only after you submit it using the platform's order function. Until then, your materials stay in your private workspace.
• Delivery and revisions. We deliver work through the platform. You have five business days after delivery to accept it or request revisions through the platform. Work you do not respond to within that period is treated as accepted.
• Trial. If we offer a trial, it is provided as is, ends on the date we state, and these Terms apply to it.
• What you provide. We can only deliver what your inputs allow. If you do not give us the information we need, we are not responsible for resulting delays or shortfalls.
• Availability. The Services are offered only where the law permits us to offer them.
• Subject to change. We may improve or change the Services over time.

3. Accounts and users

Your organization may add users to your account. You are responsible for your users and for everything done through your account, including keeping credentials confidential and making sure each person uses only their own login. Each account has an administrator, who can speak for your organization.

Tell us promptly at [email protected] if you believe credentials were lost, stolen or used without permission. Information you give us during sign-up and ordering must be accurate and kept current. You must be at least 18 years old to use the Services, which are intended for business use.

Separate accounts stay separate. Each customer, and each division of a customer, has its own account, and we do not share content, conversations or company models between accounts.

4. Your content and customer data

"Customer Data" means the materials, information and data you or your users upload, enter, share or authorize us to access in connection with the Services, including brand and onboarding materials, source content, conversations with the platform, orders, and data pulled from your analytics or CRM at your direction. Customer Data does not include Media Shower's platform, methods or aggregated service usage data.

• Your rights. You own your Customer Data. You give Media Shower a limited, non-exclusive license to use it, and to let our service providers and contractors use it on our behalf, only to provide the Services to you and to maintain and secure them.
• Your responsibilities. You confirm you have the right to provide your Customer Data and to authorize its use as these Terms describe, including any consents needed for people named in it, such as interview subjects. Do not upload sensitive personal information (such as health data, financial accounts, or government ID numbers) unless we have agreed to it in writing.
• No training. We do not use Customer Data to train or improve general-purpose AI models, and we do not use one customer's Customer Data in another customer's account. Your account's company model is built only from your own materials.
• Service providers. We use service providers, including cloud hosting and AI model providers, under written terms that limit their use of Customer Data. A current list is available on request.
• Security. We maintain administrative, technical and physical safeguards appropriate to the Services, described on our Trust & Security page. We will notify affected customers of a confirmed security incident involving Customer Data within 72 hours.
• Access by our team. Authorized Media Shower personnel and contractors, bound by confidentiality, may access Customer Data to provide support, fulfill your orders and keep the Services running.
• Deletion and return. On your request, we delete Customer Data as section 9 and our Privacy Policy describes. Copies in backups are removed as the backups are overwritten.

5. AI features

The Services use artificial intelligence, including models provided by third parties such as OpenAI. Content is sent to those providers only to generate results for your account, and under written terms that do not permit them to train their models on it.

• Review the output. AI-generated and AI-assisted output can be inaccurate, incomplete or similar to existing material. Our team reviews work before we deliver it, but you are responsible for reviewing anything before you publish or rely on it, including facts, claims, citations and legal or regulatory statements.
• Similar output. Because AI systems may generate similar output for different users, we cannot promise that output will be unique.
• Results. We do not promise any particular search ranking, traffic, visibility in AI answers, or business result.
• Your instructions. You are responsible for the instructions and inputs you give the platform, and you must use the output in line with the law and these Terms.

6. Ownership

Your deliverables. Once we receive full payment for it, the content and assets we create for you through the Services ("Deliverables") are yours. To the extent the law allows, we assign you all rights we hold in the Deliverables, and we will sign reasonable documents to confirm it. Deliverables are created for you as works made for hire to the extent the law allows.

Our platform. Media Shower owns the platform and the Website, including software, prompts, templates, schemas, methods, workflows and documentation, and all improvements to them, as well as the underlying technology behind your company model. Customer Data used to build your company model stays yours. These Terms give you a limited, non-exclusive, non-transferable right to use the Services during your term, and nothing else.

Third-party materials. Some Deliverables may include materials owned by others, such as stock images or licensed data. We will tell you when we deliver them if they carry restrictions, and you must follow those restrictions.

Feedback. If you suggest improvements to the Services, we may use them without obligation to you.

Our name and marks. You may not use Media Shower's name, logo or other marks without our written permission.

7. Acceptable use and third-party content

You agree not to use the Services, and not to modify or publish Deliverables, in a way that:

• is unlawful, threatening, defamatory, obscene, or invades another person's privacy;
• infringes a patent, trademark, trade secret, copyright or other right of anyone;
• sends spam or deceptive or unauthorized promotional material;
• includes malicious code, or tries to probe, disrupt, overload or gain unauthorized access to the Services or other customers' accounts;
• harms or attempts to harm minors;
• copies, resells, reverse engineers or builds a competing product from the Services, except as the law allows; or
• uses the Services to build or train a competing AI service.

You are responsible for any harm or liability caused by changes you make to Deliverables or by publishing them in breach of these Terms, including any infringement of third-party rights. Third-party sites linked from the Website or Services are not controlled by us, and we are not responsible for them.

If you break this section, we may suspend or end your access as described in section 9.

8. Fees, renewals and payment

• Fees. You agree to pay the fees in your order form or on our pricing page, plus applicable taxes. Fees are charged in advance, and are non-refundable except as these Terms state or the law requires.
• Payment. Payment is by credit card or, where we agree, invoice. You will keep your billing details current. Payment is processed by Stripe.
• Renewal. Subscriptions renew automatically for the same term unless you cancel at least 30 days before the renewal date.
• Price changes. We may change prices for a future term with at least 30 days' notice before renewal.
• Late payment. Overdue amounts may accrue interest at 1.5% per month, or the maximum the law allows if lower. We may suspend the Services after 10 days' written notice of non-payment, and refer overdue accounts for collection.
• Refunds. We want you to be satisfied. Refunds for work already performed are decided case by case after we review your needs and what we delivered. Contact us to discuss.

9. Term and termination

These Terms start when you first use the Services and continue until your subscription or relationship ends.

• By you. You may cancel at any time. Cancellation takes effect at the end of your current paid term unless your order form says otherwise.
• By us. We may end the Services for convenience on 30 days' written notice, with a pro-rata refund of any prepaid fees for the period after termination. We may suspend or end the Services immediately if you materially breach these Terms and do not fix it within 10 days of notice, fail to pay, or use the Services unlawfully, or if you become insolvent.
• What happens next. We will complete work you ordered and paid for before termination unless we ended the Services for your breach. You pay any amounts due for work performed up to the termination date.
• Your data. After termination, we keep Customer Data until the customer asks for deletion. On request, we delete it within 30 days, and on request provide a copy of the deliverables first.
• What continues. Sections 4 (as to data we still hold), 6, 7, 10, and 11 to 14, and any payment obligations, continue after termination.

10. Confidentiality

Each party will hold in confidence the other party's non-public information that is marked confidential or that a reasonable person would understand to be confidential, including, for you, your Customer Data ("Confidential Information"). Each party will protect it with at least the care it uses for its own confidential information, and at least reasonable care.

The receiving party will use Confidential Information only to perform or receive the Services, and will disclose it only to employees, contractors and service providers who need to know it and are bound by written confidentiality obligations at least as protective as this section.

This section does not apply to information that is or becomes public through no fault of the receiving party, was already known to it, was received from a third party without a duty of confidentiality, or was independently developed. A party may disclose Confidential Information when required by law or legal process, provided it gives the other party notice where permitted so it can seek protection.

This section applies during the term and for three years afterward, and for as long as we hold your Customer Data.

11. Warranties and disclaimers

We warrant that we will perform the Services in a professional and workmanlike manner, consistent with industry standards. If you believe we have breached this warranty, notify us in writing within 15 days, describing the problem in reasonable detail. If we agree, our only obligation and your only remedy is that we correct or re-perform the affected Services at no extra charge.

EXCEPT AS STATED IN THIS SECTION, THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE EXTENT THE LAW ALLOWS. WE DO NOT PROMISE ANY PARTICULAR RESULTS FROM USING THE SERVICES, INCLUDING SEARCH RANKINGS, TRAFFIC OR AI VISIBILITY, OR THAT AI OUTPUT WILL BE ACCURATE OR ERROR-FREE.

12. Liability and indemnification

Limits. TO THE EXTENT THE LAW ALLOWS, NEITHER PARTY IS LIABLE FOR LOST PROFITS OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY. EACH PARTY'S TOTAL LIABILITY ARISING OUT OF THESE TERMS IS LIMITED TO THE FEES YOU PAID TO US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Exceptions. The limits above do not apply to your payment obligations, to a party's breach of section 10 (Confidentiality), to a party's indemnification obligations, or to liability that cannot be limited by law.

By Media Shower. We will defend you against a third-party claim that the Services, or Deliverables as we provided them, infringe that party's intellectual property rights, and pay the resulting damages and costs a court finally awards or that we agree in settlement. This does not cover claims arising from your Customer Data, from changes you make to Deliverables, from combining them with other materials, or from your breach of these Terms. This section is your only remedy for infringement claims.

By you. You will defend and indemnify us against third-party claims arising from your Customer Data, your breach of these Terms, or your use of the Services or Deliverables in violation of the law or someone's rights.

Process. The indemnified party must promptly notify the other of the claim, let it control the defense and settlement, and reasonably cooperate.

13. Changes to the Services and these Terms

We may update these Terms from time to time. We will post the new version, update the date at the bottom of these Terms, and keep a version history. For material changes, we will email your account administrator at least 30 days before they take effect. If you object, you may cancel before they take effect and receive a pro-rata refund of prepaid fees for the remaining period. Continuing to use the Services after the effective date means you accept the changes. Changes needed to meet a legal requirement may take effect sooner.

If you have a signed order form, changes to these Terms apply to you only if allowed by that document.

14. General legal terms

• Notices. We may give notice by email to your account administrator or by posting on the Website or in the platform. Notice by email takes effect when sent, unless we learn the address is invalid. Notices to us go to the address in section 15. Electronic notices satisfy any legal requirement that notices be in writing.
• Export. You agree to follow U.S. export control laws and not to transfer Services or Deliverables in violation of them.
• Copyright claims. We respond to notices of alleged infringement that meet the Digital Millennium Copyright Act. Send them to our designated agent at 399 Boylston Street, Boston MA 02116.
• Relationship. We are independent contractors. These Terms create no partnership, agency, employment or joint venture.
• Assignment. You may not transfer your rights under these Terms without our consent. We may assign them to an affiliate or to a successor to our business, with notice to you.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, other than payment obligations.
• Severability and headings. If any provision is unenforceable, the rest continues. Headings are for reference only.
• Governing law. Massachusetts law governs these Terms, without regard to its conflict-of-laws rules. The state and federal courts located in Massachusetts have exclusive jurisdiction, and you consent to them.
• Entire agreement. These Terms, together with any order form and the DPA, are the entire agreement between us about the Services and replace any earlier agreement about them.

15. Contact us

Address: Media Shower, Inc., Attn: Legal, 399 Boylston Street, Boston, MA 02116

Email: [email protected]

Phone: +1-617-564-3443

Effective date: October 11, 2026