Terms of Service

Effective 2026-08-29. Version 1.0.

These terms govern the Content Creator Kit service supplied by The Data Group LLC, Tempe, Arizona (“we”, “us”), trading as BusinessRate Media, to you (“you”).

1. The service

You record short video clips inside your business following a shot list we provide. We edit, design, caption, schedule and post that content to the accounts you authorise, at the volume stated in your plan. You approve each item before it is published.

2. Plans and billing

Subscriptions are billed monthly in advance to the payment method on file, and renew until cancelled. Prices are those shown at signup. We may change prices on 30 days’ written notice, effective at your next renewal.

3. Cancellation

You may cancel at any time, effective at the end of the current billing period. We do not refund partial months. On cancellation, the equipment return process in section 5 begins.

4. Your obligations

You agree to record and send clips in reasonable time for us to meet the schedule, and to review and approve finished items. If you do not send footage in a given month, we cannot produce content for that month, and fees for that month are not refundable.

5. Equipment — read this section carefully

The kit remains our property at all times. It is loaned to you for the duration of your subscription. You do not buy, lease, finance or acquire any ownership interest in it.

  • You will keep the kit in good order, use it only for its intended purpose, and not modify, sell, pledge or lend it.
  • You are responsible for loss or damage beyond fair wear and tear while it is in your possession.
  • On cancellation we will send a prepaid return box within one business day. You agree to return the complete kit within 14 days of receiving that box.
  • If the kit is not returned within that period, you authorise us to charge the replacement cost to the payment method on file. The exact replacement amount is disclosed to you in writing before you subscribe and forms part of these terms.

6. Footage, rights and releases

You keep ownership of the footage you send us. You grant us a licence to edit, adapt and publish it in order to deliver the service, and to post it to the accounts you authorise. That licence ends when your subscription ends, except for content already published.

You warrant that you have the right to record and publish every person who appears in your footage, and that you have obtained any consent or release the law requires.

This obligation is yours, not ours, and it is not a formality. If you operate in a healthcare setting — a dental practice, medical office, clinic, veterinary practice, med spa or similar — footage that identifies a patient, a patient’s chart, a schedule screen or a sign-in sheet may constitute protected health information under HIPAA, and filming it without a compliant written authorisation may breach your obligations as a covered entity. The same applies to schools, childcare, legal offices and any other setting with a duty of confidentiality. Do not film patients, clients or their records without written authorisation. If in doubt, film the space, the equipment and your team instead.

You will indemnify us against claims arising from footage you supply, including claims by people appearing in it.

Retention and deletion. We keep the footage you send us, and the finished items we produce from it, for 12 months after the end of the month they were supplied for. After that they are deleted. If you cancel, everything we hold is deleted 30 days after your cancellation takes effect, whichever comes first — download anything you want to keep before then. We are not obliged to restore material once it is deleted. Content already published to your own accounts is unaffected, and stays there.

7. What we do not promise

We do not guarantee any level of reach, engagement, followers, enquiries, revenue or search or platform ranking. Social platforms control distribution and change their systems without notice. Nothing in our marketing is a guarantee of results.

8. Third-party accounts

You are responsible for maintaining the social accounts we post to and for granting and revoking our access. Their terms govern your use of them.

9. Suspension and termination

We may suspend or terminate for non-payment, misuse of the equipment, or breach of section 6. On termination, section 5 applies.

10. Liability

To the fullest extent permitted by law, our total liability is limited to the fees you paid in the three months before the claim. We are not liable for indirect or consequential loss, including lost profits or business.

11. Governing law

Arizona law governs these terms. Disputes are subject to the exclusive jurisdiction of the state and federal courts in Maricopa County, Arizona.

12. Changes

We may update these terms on 30 days’ notice to active subscribers.

Contact

The Data Group LLC, Tempe, Arizona · support@businessrate.com