Terms of Service

About these terms

These Terms of Service govern access to and use of MyShot, including usemyshot.com, the MyShot Admin application, application programming interfaces, business-management tools, generated documents, hosted websites, and related services. In these Terms, MyShot, we, us, and our refer to John Grant, the individual who operates the MyShot service, and you refers to the person or organization using the service.

This is a substantive draft based on the current MyShot product. It will remain a draft until help@usemyshot.com is operational and monitored, the arbitration provision has received legal review, and the publication date is confirmed.

By creating an account, accepting an invitation, or using MyShot, you agree to these Terms and our Privacy Policy. If you use MyShot for an organization, you represent that you have authority to bind that organization, and you includes that organization.

Eligibility

You must be at least eighteen years old and legally capable of entering a binding contract. You may not use MyShot if applicable law prohibits you from receiving the service. If you use MyShot on behalf of a business or other organization, you are responsible for ensuring that its use complies with applicable laws and internal policies.

Accounts and authentication

You must provide accurate account information and keep it current. You are responsible for activity under your account and for protecting passwords, linked Google or other sign-in accounts, session tokens, devices, and recovery methods.

You may use a password, a supported social identity, or both. A social sign-in provider's own terms govern your relationship with that provider. Linking an identity authorizes MyShot to use the basic identity information returned by that provider to authenticate you. You must not link an identity you do not control.

Notify help@usemyshot.com promptly if you suspect unauthorized access. We may require recent authentication or new-email verification before allowing sensitive account changes. Changing an account email may disconnect linked identities whose verified email does not match the new address.

Projects, team members, and authority

MyShot organizes business information into projects. Project owners and authorized members may invite others and assign available roles. The person who sends an invitation represents that they are authorized to grant the recipient access. Project administrators are responsible for reviewing membership and promptly removing access that is no longer appropriate.

If you join another person's or organization's project, that project owner controls the project content and your access to it. A project owner may modify or remove your access, and MyShot may follow the project owner's lawful instructions concerning project data.

The service

MyShot currently provides tools for managing products, customers, orders, purchase orders, invoices, business information, media, website content, and related workflows. It may also generate documents, build downloadable sites, host websites, maintain anonymous carts, and send messages you direct.

We may add, change, suspend, or discontinue features. We will use reasonable efforts to give advance notice when a change materially reduces core functionality, but urgent security, legal, provider, or reliability changes may occur without advance notice. Features labeled preview, beta, experimental, or coming soon may be incomplete, change materially, or never be released.

Unless a separate written agreement says otherwise, MyShot does not provide a service-level guarantee, archival service, legal advice, tax advice, accounting advice, or professional business advice.

Your content and data

Your Content means information, records, files, images, text, designs, websites, customer information, orders, invoices, and other material that you or your authorized users submit to MyShot.

As between you and MyShot, you retain ownership of Your Content. You grant MyShot a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, format, and create technical derivatives of Your Content only as reasonably necessary to provide, secure, support, and improve the service, comply with law, and carry out your instructions. This license continues for retained copies for as long as permitted under these Terms and the Privacy Policy.

You represent that you have all rights, permissions, notices, and lawful bases needed for MyShot to process Your Content as described. You are responsible for the accuracy, quality, legality, and origin of Your Content and for maintaining any independent copies your business requires.

Do not submit protected health information, payment-card data, Social Security numbers, government identification numbers, highly sensitive financial credentials, or other specially regulated data unless MyShot has expressly agreed in writing to support that data and any required agreement is in place.

Customer and personal information

If you enter information about customers, contacts, employees, contractors, or website visitors, you are responsible for your relationship with those individuals. This includes providing required privacy notices, honoring applicable privacy rights, limiting access, maintaining an appropriate retention policy, and having a valid legal basis for collection, use, and disclosure.

MyShot processes this information to provide the service on your behalf. You must not instruct MyShot to process personal information unlawfully. If MyShot receives a request concerning information controlled by you, we may refer the requester to you and reasonably assist you in responding.

Hosted sites, storefronts, and communications

You are responsible for the content, products, prices, claims, accessibility, privacy notices, return terms, fulfillment promises, taxes, and legal compliance of any site, storefront, invoice, invitation, or message you publish or send through MyShot.

MyShot is a software provider and is not the seller, buyer, merchant of record, employer, agent, or party to transactions between you and your customers unless a separate written agreement expressly says otherwise. You are responsible for customer service, order acceptance, fulfillment, refunds, warranties, permits, taxes, and disputes arising from your business.

You must send messages only to recipients you are permitted to contact. Transactional features may not be used for unsolicited bulk email, purchased lists, deceptive messages, or communications that violate anti-spam, privacy, consumer-protection, or marketing laws.

Acceptable use

You may not use MyShot to:

• Violate law, regulation, court order, contractual obligation, or another person's rights.
• Infringe intellectual property, privacy, publicity, confidentiality, or other rights.
• Publish or transmit unlawful, fraudulent, deceptive, defamatory, harassing, hateful, exploitative, or threatening material.
• Sell illegal or regulated goods or services without all required authorization, or use the service for fraud, money laundering, or sanctions evasion.
• Distribute malware, malicious code, or content intended to compromise a device, account, network, or service.
• Probe, scan, disrupt, overload, bypass, or interfere with MyShot security, access controls, rate limits, infrastructure, or other users.
• Access another account or project without authorization, impersonate another person, or misrepresent affiliation.
• Scrape, harvest, or extract data from MyShot except through functionality we intentionally provide or with written permission.
• Reverse engineer or attempt to derive non-public source code except to the limited extent applicable law prohibits that restriction.
• Resell or provide the service as a competing hosted platform without written permission.
• Help another person do any of the above.

We may investigate suspected violations and remove content, restrict functionality, suspend access, preserve evidence, or cooperate with lawful authorities when reasonably necessary.

Fees, taxes, and paid features

MyShot currently offers a free business workspace as described on the service. We may introduce optional paid features, hosting charges, transaction-related fees, or usage limits in the future. Before charging you, we will disclose the applicable price and obtain any authorization required by law. We will not charge a payment method merely because you created a free account.

If you purchase a paid feature, you agree to pay the disclosed charges and applicable taxes. Additional payment, renewal, cancellation, and refund terms presented at purchase become part of these Terms. You are responsible for taxes associated with your business, sales, purchases, and use of the service, other than taxes based on MyShot's net income.

Third-party services

MyShot relies on and may interoperate with third-party services, including cloud infrastructure, database hosting, email delivery, identity providers, and fonts or other content selected by users. Third-party terms and privacy policies govern your direct use of those services. MyShot is not responsible for a third party's independent acts, content, availability, or changes.

We may disable an integration when required by the provider, law, security concerns, or a change in the third-party service. You are responsible for maintaining any third-party account needed for an integration.

MyShot intellectual property

MyShot and its licensors retain all rights in the service, software, interfaces, designs, documentation, trademarks, and other materials we provide, excluding Your Content. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the service for your internal business purposes and to operate sites and documents you create through intentionally provided features.

Nothing in these Terms grants a right to use MyShot names, logos, or marks except to identify the service truthfully. All rights not expressly granted are reserved.

Feedback

If you provide ideas, suggestions, or feedback, you grant MyShot a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate that feedback without restriction or compensation. This does not transfer ownership of Your Content.

Copyright and rights complaints

If you believe content available through MyShot infringes your rights, email help@usemyshot.com with enough information to identify the content, explain the claimed right, locate the material, and contact you. We may remove or restrict content while reviewing a good-faith complaint. A formal copyright agent and mailing address must be designated before relying on a statutory notice-and-takedown process.

Suspension and termination

You may stop using MyShot at any time. To request account closure, email help@usemyshot.com. A project owner may remove team members, and deleting a project or record may archive or soft-delete it rather than immediately erase every retained copy.

We may suspend or terminate access if you materially breach these Terms, create security or legal risk, fail to pay an applicable charge, use the service in a way likely to harm MyShot or others, or if continued service becomes unlawful or impracticable. When reasonable, we will give notice and an opportunity to cure before termination. We may act immediately for urgent security, abuse, fraud, legal, or safety reasons.

After termination, your right to use the service ends. We may delete or de-identify Your Content after a reasonable retrieval period, subject to backups and information retained for security, legal, accounting, fraud-prevention, enforcement, and dispute-resolution purposes. You are responsible for exporting information your business must preserve before termination.

Sections that by their nature should survive termination do survive, including ownership, licenses needed for retained copies, payment obligations, disclaimers, liability limits, indemnification, and dispute terms.

Disclaimers

To the maximum extent permitted by law, MyShot is provided as is and as available. MyShot disclaims all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the service will be uninterrupted, error-free, secure, or free of harmful components; that data will never be lost; that generated documents, calculations, taxes, websites, or business records will be legally sufficient or accurate for your situation; or that the service will meet every business, accessibility, accounting, tax, retention, or regulatory requirement.

Some jurisdictions do not allow certain warranty disclaimers, so some of these disclaimers may not apply to you.

Limitation of liability

To the maximum extent permitted by law, MyShot and its owners, affiliates, suppliers, and personnel will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, business, goodwill, data, or opportunities, arising out of or related to the service, even if advised that such damages were possible.

To the maximum extent permitted by law, the total aggregate liability of MyShot and its owners, affiliates, suppliers, and personnel for all claims arising out of or related to the service will not exceed the amount you paid MyShot for the service during the twelve months before the event giving rise to the claim.

These limits apply regardless of the theory of liability and do not limit liability that cannot legally be limited. Some jurisdictions do not allow particular exclusions or limits, so portions of this section may not apply to you.

Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless MyShot and its owners, affiliates, suppliers, and personnel from third-party claims, damages, losses, liabilities, costs, and reasonable legal fees arising from Your Content, your products or business, your relationship with customers or team members, your violation of law or these Terms, or your infringement of another person's rights.

We will provide reasonable notice of an indemnified claim and allow you to control its defense and settlement, except that you may not settle a claim in a way that admits fault by or imposes an obligation on MyShot without written consent. We may participate with counsel of our choice at our own expense.

Governing law and disputes

These Terms and any dispute arising out of or related to these Terms or the service are governed by the laws of the State of California, without regard to conflict-of-law principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement below.

Informal dispute resolution

Before starting arbitration or filing a permitted court proceeding, the person or organization asserting a claim must send written notice describing the claimant, the facts, the legal basis of the claim, and the requested relief. Notices to MyShot must be sent to help@usemyshot.com and to the mailing address in the Contact section. MyShot will send notice to the email address associated with your account. The parties will attempt in good faith to resolve the dispute for thirty days after a complete notice is received. Either party may seek temporary or emergency injunctive relief when necessary to prevent immediate and irreparable harm.

Mandatory individual arbitration

Please read this section carefully. It requires most disputes to be resolved through final and binding individual arbitration instead of a lawsuit in court. Arbitration does not use a judge or jury, and judicial review of an arbitration award is limited.

Except for the matters identified below, you and MyShot agree that every claim or dispute arising out of or relating to these Terms, the Privacy Policy, the service, or the relationship between you and MyShot will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules, or its Commercial Arbitration Rules when the Consumer Arbitration Rules do not apply. The arbitration will be decided by one neutral arbitrator. The arbitrator may award the same individual remedies a court could award and will have authority to decide issues concerning the scope, interpretation, and enforceability of this arbitration agreement, except that a court will decide issues concerning the class-action waiver below.

The arbitration may be conducted by video, telephone, written submissions, or in person as permitted by the applicable rules. Unless the parties agree otherwise or applicable law or AAA rules require a different location, any in-person hearing will take place in Los Angeles County, California. Payment of filing, administration, and arbitrator fees will be governed by applicable law and AAA rules. MyShot will pay fees it is required to pay under those rules or applicable law. Each party will bear its own attorneys' fees and costs unless the arbitrator awards them under applicable law or the applicable rules.

Either party may bring an individual claim in a court authorized to hear small-claims matters if the claim remains within that court's jurisdiction. Either party may also seek temporary or emergency injunctive relief in a court of competent jurisdiction to prevent unauthorized access to the service, misuse of intellectual property, or immediate and irreparable harm while arbitration is pending. Government agencies may investigate or seek relief when authorized by law.

Class-action and jury-trial waiver

You and MyShot agree to bring claims only in an individual capacity. Neither party may bring, join, or participate in a class, collective, consolidated, coordinated, mass, or representative action or arbitration. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. You and MyShot waive any right to a jury trial.

The arbitrator may not consolidate the claims of more than one person or organization without every affected party's written consent. If a court determines that applicable law prevents enforcement of this waiver for a particular claim or requested remedy, only that claim or remedy will proceed in court after all arbitrable claims are resolved, unless applicable law requires a different sequence. The remainder of this arbitration agreement will continue to apply.

Permitted court proceedings

For any dispute that is not subject to arbitration, you and MyShot consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California, except where applicable law does not permit that choice. This arbitration agreement and class-action waiver survive termination of your account and these Terms.

Export and sanctions compliance

You may not use or export the service in violation of United States export-control or sanctions laws or other applicable trade restrictions. You represent that you are not prohibited from receiving the service under applicable law.

Changes to these terms

We may update these Terms by posting a revised version with a new effective date. If a change materially affects existing users' rights or obligations, we will provide additional notice when required by law. Changes apply prospectively from their effective date. If you do not agree to revised Terms, you must stop using the service and may request account closure.

General terms

These Terms and incorporated policies are the entire agreement between you and MyShot about the service unless a separate signed agreement applies. If a conflict exists, the separate signed agreement controls for its subject matter.

You may not assign these Terms without our written consent. We may assign them as part of a merger, acquisition, reorganization, sale of assets, or by operation of law. If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue. Failure to enforce a provision is not a waiver. Headings are for convenience only.

Contact

Questions or legal notices concerning these Terms may be sent to:

• John Grant
• 191 Cherokee
• Topanga, CA 90290
• help@usemyshot.com