This Service-Level Agreement (this “Agreement” or this “Service-Level Agreement”) is made by and between "the Client” and One Firefly ("Supplier")

WHEREAS, customer is willing to continue with the Agreement indefinitely upon Supplier’s acceptance of the terms and conditions of this Agreement, and Supplier confidently accepts the terms and conditions herein;

NOW, THEREFORE, in consideration of the foregoing, and of the terms and conditions and the Service Levels, the Parties hereby agree as follows:

One Firefly offers a tiered set of packages for video production services, each of which containing a combination of the following:

1. Video Production Services: Video Pioneer video production services include B-roll shots captured with no audio included.
2. Video Editing Services: edited, color-graded 10-15 second video loops.
3. Deployment of Videos to website: edited video loops will be added to the headers of qualifying website pages.
4. Branded Footage: Any shots depicting the client’s logo, branding, or the faces of their employees is considered branded footage.
5. Generic Footage: Any shots that don’t contain the client’s logo, branding, or the faces of their employees is considered generic footage.
6. High Resolution Stills: Images sourced from color-graded video footage.
7. Scene: Recorded video segment consisting of an environment or a person conducting an act within an environment (typically 1-5 seconds in length)

A. Video Project Manager

When a customer signs up for Video Pioneer services, they will be assigned a dedicated Project Manager who is their video concierge. The Video Project Manager will conduct a Pre-Production Call, a virtual walk through of the space(s), and follow up to ensure that all required information is gathered. They are also going to be liaising between the onsite videographer during production. 

B. Timely Response & Deadlines

Failure to respond to pre-production requests in a timely manner will result in project delays. All production hours must be scheduled within a 12 month period of sign up or investment is forfeited.

A. Pre-Production

1. Onboarding: One Firefly team works with the client to gather necessary information for scheduling shoot date(s). 
2. Video Pioneer Kickoff Call: Dedicated Project Manager conducts a call with the client to discuss the shot list and to schedule the shoot dates. 
3. Virtual Location Walkthrough: Dedicated Project Manager conducts a video call with the client to get a sense of the space to develop a shot list

B. Production

1. Shoot Day: One Firefly provides an on-site videographer and a remote project manager during the video shoot to direct you and your team and ensure that all planned video footage is captured.

C. Post-Production

1. Editing: Post-production, One Firefly team color grades the footage to enhance it stylistically and make the videos look and feel more vibrant and attractive. One Firefly then edits the raw footage into multiple clips for use on the website. 
2. Web Optimization & Deployment: One Firefly optimizes the video files for fast, high-quality web playback, and embeds the new videos on specific page headers across the website. 

One Firefly Video Pioneer services are available in three different packages based on the number of production hours available for the year and also how many edited videos are delivered to the client. 

1. Packages

*Location includes one physical address that warrants travel. Each location can include multiple environments for shooting

**Website embedding for qualifying websites only. If website does not qualify, One Firefly will put in 1 hour of best effort

***Each location shoot will consist of 1 hour of set up and break down and up to 4 hours of shooting

1. Ownership
2. License to Client: Upon completion of the contracted year of services, Client owns a non-exclusive, worldwide, sublicensable, transferable, royalty free license to the final MP4 files of the completed deliverables.
3. License to One Firefly: To access a discounted monthly rate, clients may grant One Firefly a non-exclusive, worldwide, sublicensable, transferable, royalty free license to all generic footage produced during the course of the contracted work. Customers may opt to not grant this licensing to One Firefly and pay full retail price for video production services. 

1. Video Deployment

All clients must provide One Firefly with all necessary access credentials in order to embed content, including the following: 

• Website Admin Credentials
• FTP Credentials

If the Client has a One Firefly website, these credentials will only need to be provided if the client has changed them. If the Client has a Non-One Firefly website we may require additional access to server or cPanels to complete the work.

Deployment of the videos will depend upon the Client’s website, as outlined below.strong>

• One Firefly Website: One Firefly will deploy the videos to the client site the page(s) selected during onboarding.
• Non One Firefly Website: One Firefly will put in 1 hour of best effort to deploy the videos to the website. Efforts outside the first hour will require a retainer. 

Support for, and Limitations of, the Service include: 

• Best Effort Support: One Firefly will exhaust all reasonable efforts to assist with deployment of videos for Clients with Non-One Firefly produced websites but cannot guarantee the successful deployment should challenges be presented that exceed one hour of support. Additional support is available for purchase. 
• Limitation of Service: Under our "Best Effort" support policy, One Firefly may run into challenges that prevent us from successfully deploying videos to a client’s site. This is particularly true should the website not meet the requirements for the installation. 

1. Payment Default

For the first year of service, the videos will remain live on the Client’s website as long as the Client continues paying the monthly fee. If payment is late by 30 days, the client will receive a notice, and if payment is late by 60 days, One Firefly reserves the right to pull the video content from the website

One Firefly will produce all shot lists and edit all video loops. These deliverables do not require approval from the client. During onboarding, clients can share requests for their shot list and edited videos. Once videos have been edited and deployed to the website, clients may request revisions for an additional fee. Edits will be billed at an hourly rate of $180.

1. Assuming payment has been received, launch timing for Video Pioneer will adhere to the following standards, following the completion of onboarding (client has supplied One Firefly with all requested items to enable us to begin production of requested services)*: 

   1. Video Shoot Pre-Production: 5 business days 
   2. Video Shoot: At time of sign up, client will be able to lock in their production month on a first come, first serve basis. Failure to supply One Firefly with all requested items will result in forfeiture of production month. A new production month will need to be scheduled. 
   3. Deployment of Videos: Edited, color-graded videos will be deployed to the client website 30 business days after completion of shoot. In cases where the Client has purchased a new website which is still in development, deployment of videos will occur when the website goes live. 
   4. Delivery of Raw Footage: After the 12 month payment term is complete, a client may request delivery of raw footage and color graded footage. Client will be responsible for costs incurred from delivery of raw footage via harddrive.

One Firefly’s Video Pioneer services are a 12 month commitment and downgrades or cancellations are only available at the time of renewal, with 30 days notice. All of our plans are annual agreements, which allow the client to pay for services interest free over a 12-month period. All payments are nonrefundable. The Client may cancel recurring monthly services at any point by paying a cancellation fee, which consists of the remainder of the plan’s value. If the Client fails to pay the cancellation fee, One Firefly reserves the right to send the invoice to a collections agency. Failure to complete the 12 monthly payments in full will result in removal of videos from the client website. 

By using One Firefly products and services, you agree to the most recent version of this Service Level Agreement. When the Service Level Agreement is revised, we will provide email notification regarding updates.

Both One Firefly and the Client have unique obligations under data privacy laws and regulations such as the General Data Protection Regulation (“GDPR”) and California Consumer Privacy Act (“CCPA”). It is important to define the roles of both parties to protect One Firefly, the Client, and the consumers whose data is being collected.

1. Data Privacy. Where One Firefly’s scope of work includes the use of Client data or information, or consumer information assembled or processed by Client (collectively, “Data”), Client acknowledges and understands that One Firefly’s scope of work does not include ensuring compliance with U.S. federal or international data privacy regulations. The Client will be responsible for providing any and all specifications concerning use of any Data provided to One Firefly, including consistently updating and utilizing any Data Privacy Form provided by One Firefly to Client or a similar document mutually agreed upon by both parties. The Client must also indemnify and hold One Firefly harmless from the Client’s negligence or other failure to comply with applicable privacy or data security laws and regulations, rules, or industry codes and guidelines, including the CCPA or GDPR.

b. Website Data Collection. Where One Firefly’s scope of work includes the design and development and/or maintenance of Client’s website or app, Client acknowledges that Client is solely responsible for compliance with data privacy regulations and laws regarding any Data collected or stored by the website and/or app including, without limitation, the provision of website contracts such as privacy policies and cookie disclaimer, obtaining legal counsel to conduct a legal review of the website or app, and/or adapting additional security and access measures regarding such Data. The Client agrees that One Firefly will not have any responsibility or liability with respect to the Data collected by the website or app, including, without limitation, the management, transfer, protection, or maintenance of the Data.

 Artificial Intelligence

Artificial Intelligence is a new frontier, and One Firefly wants to work with Client to utilize new and innovative technologies. It is important to define the roles and responsibilities of the parties regarding the use of such technology.

1. Ownership. Client understands and agrees that, if Artificial Intelligence technologies (collectively, “AI”) are utilized in the creation of Deliverables, neither One Firefly nor Client will have any ownership rights in the portion of Deliverables that has been generated by AI. Such portions will be treated by One Firefly as though they are public domain works as defined by U.S. Copyright Law.
2. Obligations.

• Client agrees that they can expect AI to likely be utilized in some way for any campaign or deliverable executed by One Firefly. Should Client prefer their campaign to be free of any AI input, they should request this in writing. One Firefly would then have the sole discretion to agree to this request or not.
• Client agrees that if it has utilized AI in the production of any Client materials, it will inform One Firefly in writing which portions or elements of the Client materials have been generated by AI, and it assumes all liability for such materials. Input examples can include logos, copy or other graphic files provided to One Firefly by Client.
• Client warrants that any materials provided by Client to One Firefly whereby One Firefly might utilize AI with such materials, shall be exclusively owned by Client or licensed for such explicit purposes, and input of such materials into the AI shall not infringe upon the rights of any third party, including those of privacy, intellectual property, or confidentiality.

1. Release. Client releases One Firefly from all liability whatsoever with regards to the use of AI in performance of the services, including, without limitation, the materials inputted into the AI and materials outputted from the AI, whether or not such materials are incorporated into the Deliverables.
2. Indemnification. Client indemnifies and holds harmless the One Firefly from any and all third-party claims arising out of (i) a breach of any warranties or obligations made herein and (ii) the use of AI in performance of this Agreement including, without limitation, claims arising from the materials inputted into the AI and materials outputted by the AI. One Firefly’s indemnification obligations concerning Deliverables shall not extend to any portions of materials generated by AI.

 Disclaimer of Responsibility

Please note that while implementing DMARC, SPF, and DKIM significantly reduces the risk of your domain being used for spam or phishing, we cannot assume responsibility for instances where your domain may still be considered spam by some recipients or services. Email deliverability can be influenced by a wide range of factors beyond DMARC implementation, including sender reputation and recipient server policies. It is the domain owner's responsibility to maintain and monitor their email authentication practices to ensure the highest level of email integrity and deliverability.