Terms of Service

These terms are a contract between you and FAIA LLC, a limited liability company registered in the United States ("TrackPlay", "we", "us"). By creating an account you agree to them, to our Acceptable Use Policy, and to our Privacy Policy. If you are agreeing on behalf of a company, you confirm you are allowed to bind it.

1. What the service is

TrackPlay hosts your videos, delivers them to your viewers, records what those viewers do, and fires the pixels and postbacks you configure. We give you a player and an embed code. Where you put it is up to you.

We host content at your direction. We do not pre-screen uploads, and we are not obliged to monitor what you upload. That is a deliberate position, and it does not stop us removing content once we know about a problem.

2. Your account

Keep your credentials secret. You are responsible for what happens under your account, including what your team members and your clients upload. Tell us promptly at [email protected] if you think someone else is in it.

You must be at least 18 and legally able to enter a contract.

3. Plans, plays, and billing

3.1 What counts as a play

We bill on plays, so this is the most important number in the contract and we state it exactly.

A play is counted each time one of these happens: playback starts, the viewer unmutes, the viewer resumes after a pause, or the viewer restarts the video. Seeking and scrubbing do not count.

One viewer can therefore register more than one play in a single session. A viewer who autoplays a video muted, unmutes it, pauses and resumes, and then replays it counts as four plays. We would rather say that plainly here than have you discover it on an invoice.

Your usage is visible in real time in the dashboard.

3.2 Prices and overage

Current plans and prices are on our pricing page and form part of these terms. If you go over your plan's plays, your videos keep playing and the extra plays bill at your tier's overage rate. We will not silently switch off your funnel.

Fees exclude taxes. You pay any VAT, GST, or sales tax that applies.

3.3 Automatic renewal, and how to stop it

Paid plans renew automatically at the end of each billing period, at the then-current price, until you cancel. We say this plainly here because the law requires that we say it plainly, and because we would rather you were not surprised.

• Before you give us a payment method we show you the renewal interval, the amount, and the fact that it recurs. You consent to those terms specifically, not merely by accepting this document.
• You can cancel at any time, from inside your account, in the same number of steps it took to subscribe. No phone call, no email, no retention gauntlet.
• Cancelling stops the next charge. It does not refund the current period unless the law where you live says otherwise.
• If we change the price, we tell you before the change takes effect and you can cancel first.
• We keep a record of your consent to the renewal terms.

3.4 Free plan

The free plan is free. It carries a watermark and a monthly play limit. We can change or withdraw it, and we will give notice before we do.

3.5 Failed payments

If a payment fails we will retry and tell you. If it stays unpaid we may suspend the account. We will tell you why before we do, and you can fix it.

4. Your content

Your videos are yours. You keep all rights in them.

You give us a licence to host, encode, cache, and transmit your content to your viewers, for as long as you host it with us and only so that we can run the service. We do not use your content for anything else. We do not put it in a showreel and we do not train anything on it.

You promise that you have the rights to everything you upload, and that it complies with our Acceptable Use Policy and with the law wherever your viewers are. You will cover us for third-party claims arising from your content or your use of the service, including advertising claims, privacy claims, and copyright claims.

If you delete a video we remove it from delivery. Backups and caches take a short period to clear.

5. Rules, removal, and termination

Our Acceptable Use Policy sets out what you may not host. It is part of this contract.

We may remove content, suspend a workspace, hold a payout, or close an account when content or conduct breaks these terms, the Acceptable Use Policy, or the law, or when we are required to act.

When we do any of that, we tell you. You get a statement that says what we did, what specifically triggered it, whether an automated tool was involved, the ground we relied on, and how to challenge it. The only exception is where telling you is itself unlawful, which in practice means a law-enforcement request that prohibits disclosure.

To appeal, reply to that statement. A human reads it.

5.1 Repeat infringers

We terminate the accounts of repeat copyright infringers. Three valid, uncontested notices within twelve months results in termination. We keep a record of notices, strikes, and terminations, and we apply the policy to every customer regardless of what they pay us. See Report Infringement.

5.2 You can leave

Cancel any time from your account. Export your data first. After closure we delete your content and your data per our Privacy Policy, except what we must keep for tax and legal reasons.

6. Uptime and support

We work hard to keep the player fast and up, and we do not promise a specific uptime percentage in this document.

7. What we do not promise

The service is provided as is. We do not warrant that it will be uninterrupted or error-free, and we do not warrant that it will make you money. Video hosting is a tool. What you sell, how you sell it, and whether anyone buys is your business.

We do not give legal, tax, or advertising-compliance advice. Whether your marketing complies with advertising law is your responsibility. See the Acceptable Use Policy, which is blunt about this.

8. Limitation of liability

To the fullest extent the law allows: neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data, even if warned they were possible. Our total liability for any claim is capped at the fees you paid us in the twelve months before the claim arose.

These limits do not apply to your indemnity obligations, to either party's breach of confidentiality, to your obligation to pay fees, or to anything that cannot be limited by law, including fraud, gross negligence, and wilful misconduct. If you are a consumer, nothing here removes rights you have under mandatory consumer law.

9. Changes to these terms

We may update these terms. If a change materially affects you, we will give you notice by email before it takes effect. If you keep using the service after that, the new terms apply. If you do not accept them, cancel before the effective date. We do not apply changes retroactively.

10. Governing law and disputes

These terms are governed by the laws of the State of Delaware, United States, and the courts of Delaware have exclusive jurisdiction, without regard to conflict-of-laws rules.

11. The rest

If a clause is unenforceable, the rest survives. Not enforcing something once does not waive it. You may not assign this contract without our consent. We may assign it to a successor if the business is sold. These terms, plus the Acceptable Use Policy, the Privacy Policy, and any Data Processing Agreement, are the whole agreement between us.

You must comply with export and sanctions law. You may not use TrackPlay if you are in a sanctioned territory or on a restricted-parties list.

12. Contact

General and legal notices: [email protected].
Phone: +1 302 546 5216.
Support: [email protected].
Copyright complaints: Report Infringement.