Last updated: September 8, 2025

These Terms of Service (“Terms”) govern your access to and use of services, websites and applications provided by The Content Machine LLC d/b/a NitroContent (“Nitro”, “we”, “us” or “our”). By accessing or using our services you agree to these Terms. If you do not agree, do not use the services.

1. Who we are / Contact

The Content Machine LLC

1111B S GOVERNORS AVE STE 26068, Dover, DE 19904

Email for legal notices and support: [email protected]

2. Services and accounts

2.1 Services. Nitro provides subscription-based content editing, posting, and marketing services (the “Services”), including free trials and paid subscription tiers described on our website.

2.2 Accounts & sign-up. You must register for an account to use the Services where required. You agree to provide accurate information (name, email, phone number, billing address when requested) and to keep that information updated.

2.3 Eligibility. You represent that you are at least 18 years old and able to form a binding contract.

3. Trials, Billing & Refunds

3.1 Trial → Subscription. We offer a 7-day trial which, unless cancelled before the end of the trial, will automatically convert into a paid subscription and your payment method on file will be charged for the plan you selected.

3.2 Billing options. Default billing is monthly after the trial. We also offer other billing options (e.g., 6-month and annual plans, and upgraded packages). You may upgrade or change plans via your account settings.

3.3 Payments. Payments are processed by third-party payment processors; Nitro does not store full card numbers on our servers.

3.4 Refunds. No refunds are provided for monthly plans. For 6-month and 12-month plans, Nitro offers a 30-day refund window measured from the date of purchase; refunds for qualifying 6- or 12-month plans will be prorated for unused full months. Promotional or special-offer sales may have different refund rules that will be stated at time of sale.

3.5 Cancellation. To avoid future charges you must cancel before the next billing date using the account portal or by contacting [email protected]

. Cancellation takes effect at the end of the current paid period unless otherwise agreed.

4. Content, ownership & posting

4.1 Customer ownership. You own the content we deliver to you (the edited videos, deliverables) unless otherwise agreed in writing.

4.2 License to Nitro for marketing. By using the Services you grant Nitro a worldwide, non-exclusive, royalty-free license to use your portal information, account name, and results for Nitro marketing, portfolios, and case studies (unless you notify us otherwise in writing to [email protected])

4.3 Posting on your behalf. Nitro may post to your social accounts on your behalf using third-party APIs. You are solely responsible for the content of any posts, captions, comments, or other materials you instruct Nitro to post, and for obtaining any necessary rights, releases, or consents from third parties. Nitro disclaims liability for claims arising from your posted content.

4.4 Prohibited content. You must not upload or instruct Nitro to post content that is illegal, infringes third-party intellectual property, or is pornographic. Nitro may refuse, remove, or disable access to content that violates these Terms.

5. Customer warranties & indemnity

5.1 Warranties. You warrant that you have the rights to the content you upload or instruct us to post, and that your content does not violate laws or third-party rights.

5.2 Indemnity. You will defend, indemnify, and hold Nitro harmless from any claim, loss, or damage arising from your content, your breach of these Terms, or your use of the Services.

6. Suspension & termination

6.1 Suspension. Nitro may suspend or disable accounts for suspected fraudulent activity, non-payment, violation of these Terms, or to comply with legal obligations.

6.2 Termination. Either party may terminate for a material breach not cured within 30 days of notice. Upon termination Nitro may retain or delete account content in accordance with the Privacy Policy and our data retention practices.

7. Intellectual property

7.1 Nitro IP. Nitro retains all rights, title and interest in and to the Services, software, site design, and Nitro trademarks, except for content you own.

7.2 Feedback. If you provide feedback, you grant Nitro a worldwide, royalty-free, perpetual license to use that feedback.

8. Disclaimer & limitation of liability

8.1 Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS,” AND NITRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Liability cap. NITRO’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO NITRO IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. This cap does not apply to liability resulting from willful misconduct or gross negligence to the extent such limitation is not permitted by law.

8.3 No consequential damages. NITRO WILL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.

9. Acceptable use & copyright complaints

9.1 Prohibited uses. You may not use the Services to host, post, or transmit unlawful content, infringing material, or pornography. Nitro may remove content that violates this Section.

9.2 Copyright complaints. If you believe your copyrighted work has been posted in violation of U.S. law, submit a notice to [email protected]

with the information required under the U.S. Copyright Act (title, URL, contact details, statement of good faith, and signature). Nitro will respond to valid notices and take action as required by applicable law.

10. Privacy & data security

Our Privacy Policy explains how we collect, use, disclose, and protect personal data and describes data subject rights. By using the Services you consent to those practices.

11. Governing law & disputes

11.1 Governing law. These Terms are governed by the laws of the State of Delaware, without regard to conflict of law rules.

11.2 Dispute resolution. Any legal action or proceeding arising under or related to these Terms will be brought exclusively in the state or federal courts located in Delaware, and you and Nitro consent to the personal jurisdiction and venue of such courts.

12. Changes to Terms

We may update these Terms. We will provide notice of material changes via email or a site notice prior to changes taking effect. Continued use after the effective date constitutes acceptance.

13. Miscellaneous

13.1 Entire agreement. These Terms, together with the Privacy Policy and any order form, constitute the entire agreement.

13.2 Contact. For notices and legal requests: [email protected]

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