Terms of Service

1. Who may use Encorvia

You must be at least 18 years old, or the age of legal majority where you live, to create a director account. Audience members may leave comments and reactions on a public production page without creating an account. If you are under 13, you may not submit content to the Service. If you use the Service on behalf of a school, district, university, theater company, or other organization, you represent that you are authorized to bind that organization to these Terms, and "you" includes that organization.

2. Accounts and security

You are responsible for the accuracy of the information in your account, for keeping your password confidential, and for all activity that occurs under your account. Notify us promptly at info@encorvia.com if you suspect unauthorized use. We may suspend or terminate accounts that violate these Terms or that present a security, legal, or safety risk.

3. Membership, billing, and renewal

• Director memberships are sold as a recurring annual subscription at the price shown at checkout.
• Payments are processed by our payment processor. We do not store your full card details.
• Memberships renew automatically each term at the then-current rate unless canceled before the renewal date. You may cancel at any time through the billing portal in your account.
• Cancellation stops future charges. Except where required by law, fees already paid are non-refundable, and your membership remains active through the end of the paid term.
• We may change pricing on renewal with at least 30 days' notice to the email address on your account.
• Complimentary or discounted memberships (including Founding Director or invitation-based memberships) apply only for the stated period and convert to the standard rate afterward unless canceled.

4. Your content and the content of your audiences

"Your Content" means everything you or your audiences submit through the Service, including production details, cast and crew names, director's notes, posters and images, comments, replies, and reactions. You retain all ownership of Your Content.

You grant Encorvia a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt for display, and publicly display Your Content solely to operate, secure, support, and improve the Service, and to display your public production pages to the audiences you share them with. This license ends when the content is deleted, except for reasonable backup copies and for aggregated or de-identified data that no longer identifies you.

5. Rights and permissions you must have

You are solely responsible for confirming that you have the rights and permissions required for anything you upload, including posters, artwork, logos, photographs, and the use of performers' names. Many licensed shows restrict the use of title treatments, artwork, and promotional materials. Encorvia does not grant, review, or verify performance or artwork licenses. You are also responsible for complying with school, district, and organizational policies regarding the publication of minors' names and images, and for obtaining any parental or guardian consent those policies require.

6. Community standards and moderation

The Service exists to celebrate performers. You and your audiences may not submit content that is harassing, threatening, defamatory, obscene, hateful, discriminatory, deceptive, or unlawful, or that infringes anyone's rights or discloses private information about another person. Encorvia applies automated screening to audience comments before they post, but automated screening is not perfect and is not a substitute for director oversight. Directors retain full control over the content on their production pages and may hide or delete any comment. We may remove content or restrict access at our discretion, particularly where safety, legal obligations, or the wellbeing of minors is involved.

7. Acceptable use

• Do not attempt to access accounts, data, or systems you are not authorized to access.
• Do not probe, scan, disrupt, or overload the Service, or circumvent security or rate limits.
• Do not scrape or bulk-collect data from the Service except as expressly permitted.
• Do not reverse engineer, resell, sublicense, or white-label the Service without our written permission.
• Do not use the Service to distribute malware, spam, or fraudulent solicitations.

8. Donations, gifts, and third-party links

Encorvia does not process donations. Support links you add to a production page direct audiences to destinations you choose, such as your organization's donation page or a third-party gift or flower vendor. Those transactions occur entirely between the audience member and that third party under that third party's terms and privacy practices. Encorvia is not a party to them, does not hold funds, and is not responsible for their fulfillment, tax treatment, refunds, or the charitable status of any recipient. We may earn a referral commission from certain vendor links. You are responsible for ensuring that any solicitation you publish complies with the fundraising rules of your school, district, institution, or jurisdiction.

9. Administrative access and support sessions

To provide support, investigate abuse, prevent fraud, comply with law, or maintain the Service, authorized Encorvia personnel may access your account, including signing in to your account to reproduce or resolve an issue ("support session"). Support sessions are limited to personnel who need the access, are recorded in an internal audit log with the reason for access, and are used only for the purposes described here. Whenever practicable, we will act on your request or with your knowledge, and we will not use this access to view or change your data for unrelated purposes.

10. Privacy and data

Our handling of personal information is described in our Privacy Policy. In broad terms: directors provide account and organization information; audiences may voluntarily provide a name, comment, and optional contact details; and we collect limited engagement analytics such as page views, QR scans, and link clicks. Do not collect sensitive personal information through the Service. Where you use Encorvia in an educational setting, you remain the party responsible for compliance with applicable student-privacy laws, and we act as your service provider with respect to information you direct us to process.

11. Intellectual property in the Service

Encorvia and its licensors own the Service, including its software, design, branding, marks, and documentation. Subject to these Terms and your payment of applicable fees, we grant you a limited, revocable, non-transferable, non-exclusive right to use the Service for your own productions. No other rights are granted.

12. Copyright complaints

If you believe content on the Service infringes your copyright, send a notice to info@encorvia.com identifying the work, the material at issue and its location, your contact information, a statement of good-faith belief that the use is unauthorized, and a statement under penalty of perjury that your notice is accurate and that you are authorized to act. We remove infringing material and may terminate repeat infringers.

13. Availability and changes to the Service

We aim to keep the Service available and reliable, but we do not guarantee uninterrupted operation. We may modify, add, or discontinue features. If we materially reduce a core feature of a paid membership, you may cancel and request a pro-rated refund of the unused portion of your current term.

14. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate access for material breach of these Terms, non-payment, or unlawful or unsafe use. On termination, your right to use the Service ends and your production pages stop being publicly available. Deleting an account permanently deletes its productions, comments, and analytics; export anything you wish to keep before deletion.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR SECURE, OR THAT MODERATION WILL IDENTIFY ALL OBJECTIONABLE CONTENT.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENCORVIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS.

17. Indemnification

You will indemnify and hold harmless Encorvia and its officers, employees, and contractors from any claim, loss, or expense (including reasonable attorneys' fees) arising from Your Content, your use of the Service, your violation of these Terms, or your violation of any law or third-party right, including performance-licensing and publicity rights.

18. Governing law and disputes

These Terms are governed by the laws of the State of Montana, without regard to conflict of law rules. The parties will first attempt to resolve any dispute informally by contacting info@encorvia.com. Any dispute not resolved informally within 30 days will be brought exclusively in the state or federal courts located in Montana, and each party consents to that jurisdiction. Each party waives any right to participate in a class or representative action. Nothing here prevents either party from seeking injunctive relief to protect intellectual property.

19. Changes to these Terms

We may update these Terms. When we do, we will revise the version and effective date above and, for material changes, notify account holders by email or in the application at least 14 days before the change takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

20. General

These Terms, together with the Privacy Policy and any order or invitation terms, are the entire agreement between us. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.

21. Contact

Questions about these Terms: info@encorvia.com. We reply within 24 hours. You can also reach us through our contact page.