Terms of Service

Last Updated: May 4, 2026

1. Acceptance of Terms

Welcome to the roomtone website (the "Site"), owned and operated by Perceptly LLC, a limited liability company organized under the laws of the State of New Jersey, doing business as roomtone ("roomtone," "we," "us," or "our"), with its principal office at 203 Christopher Columbus Drive, Suite 3, Jersey City, NJ 07302.

By accessing, browsing, or using the Site, or by engaging roomtone for any services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (these "Terms"). If you do not agree to these Terms, you must immediately discontinue use of the Site and all roomtone services.

roomtone reserves the right to modify these Terms at any time. Your continued use of the Site or our services following any modification constitutes your acceptance of the revised Terms. We will indicate the date of the most recent revision at the top of this page.

2. Description of Services

Roomtone is a creative studio that produces direct-response advertising content for direct-to-consumer (DTC) brands and other clients. Our services include, but are not limited to:

Creative strategy and concept development for brand advertising campaigns.
Production of short-form video content featuring vetted on-camera talent.
Studio customization, talent sourcing, and on-set production management.
Post-production editing, optimization, and delivery of video assets formatted for paid and organic distribution across channels (including Instagram, TikTok, Facebook, YouTube, and connected TV).
Multi-format deliverables (including 1:1, 9:16, 4:5, and 16:9 ratios) with appropriate safe-zone considerations.
One-off campaigns and multi-campaign engagements.

The specific scope, deliverables, pricing, and terms of any engagement are governed by a separate written agreement between roomtone and the applicable client (a "Client Agreement"), which may take the form of a master services agreement, statement of work, proposal, or order form. In the event of a conflict between these Terms and a Client Agreement, the Client Agreement controls with respect to the subject matter of that engagement.

3. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to use the Site or to engage roomtone for services. By using the Site, you represent and warrant that you meet these requirements.

4. Use of the Site

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. You agree not to:

Violate any applicable law or regulation.
Infringe or violate any intellectual property, privacy, publicity, or other legal rights of any person or entity.
Copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any content, information, software, or services obtained from or through the Site, except as expressly permitted in writing by roomtone.
Use any automated system, robot, spider, scraper, deep link, or similar data-gathering or extraction tool to access, acquire, copy, or monitor any portion of the Site or its content.
Frame, mirror, or otherwise incorporate any part of the Site into any other website, application, or service without our prior written consent.
Attempt to gain unauthorized access to any systems, networks, or servers connected to the Site.
Interfere with or disrupt the operation of the Site, including through the introduction of viruses, worms, Trojan horses, or other harmful code.
Harvest, collect, or store personal data of other users or visitors without their express consent.
Impersonate any person or entity or misrepresent your affiliation with any person or entity.
Use any roomtone content, deliverables, or talent likeness for training, fine-tuning, or otherwise developing any artificial intelligence or machine learning model, algorithm, or system without our express prior written consent.

5. Intellectual Property

5.1 roomtone Intellectual Property

All content, materials, and elements on the Site and in connection with our services, including but not limited to the roomtone name, wordmark, logo, trade dress, all text, graphics, images, video, audio, software, code, page layouts, creative methodologies, production processes, talent sourcing methods, editing styles, strategic frameworks, proprietary tools, and the overall look and feel of the Site (collectively, "roomtone IP"), are the exclusive property of Perceptly LLC or its licensors and are protected by United States and international copyright, trademark, trade dress, trade secret, and other intellectual property and proprietary rights laws.

No portion of the roomtone IP may be reproduced, duplicated, copied, sold, resold, reverse-engineered, decompiled, disassembled, or otherwise exploited for any purpose without our express prior written consent. The roomtone wordmark and any associated brand elements are proprietary marks of Perceptly LLC. You may not use, register, or apply to register any mark, domain name, social media handle, or trade name that is identical or confusingly similar to any roomtone mark without our prior written authorization.

5.2 Client Intellectual Property

roomtone respects and protects the intellectual property of its clients. All client brand names, trademarks, service marks, logos, trade dress, product names, packaging, formulations, proprietary information, marketing strategies, advertising data, customer information, campaign briefs, business plans, financial information, and any other confidential or proprietary materials provided by clients to roomtone in connection with any engagement (collectively, "Client IP") remain the sole and exclusive property of the respective client.

roomtone shall not use Client IP for any purpose other than the performance of services under the applicable Client Agreement. roomtone shall not disclose, distribute, sublicense, or make available any Client IP to any third party without the client's prior written consent, except as strictly necessary to perform its obligations under the Client Agreement or as required by applicable law. roomtone maintains commercially reasonable administrative, technical, and physical safeguards designed to protect the confidentiality and integrity of Client IP. Any roomtone personnel, contractors, or agents with access to Client IP are bound by confidentiality obligations no less protective than those contained in these Terms.

5.3 Work Product and Deliverables

Unless otherwise specified in a Client Agreement, ownership of final deliverables (completed video assets, edited content, and related creative materials) transfers to the client upon full payment of all applicable fees. roomtone retains a limited, non-exclusive, royalty-free, perpetual license to use excerpts or anonymized versions of deliverables for its own portfolio, marketing, case studies, and promotional purposes, unless the client expressly opts out of such usage in writing.

Notwithstanding any transfer of deliverables, roomtone retains all right, title, and interest in and to its pre-existing intellectual property, proprietary methodologies, production techniques, creative frameworks, tools, templates, general knowledge, and know-how (collectively, "roomtone Background IP"), including any enhancements or improvements thereto developed during the course of a client engagement. No client engagement creates any ownership interest in roomtone Background IP.

5.4 Talent Appearances and Releases

All on-camera talent featured in roomtone deliverables ("Talent") provide their consent and release through roomtone's standard release process. roomtone obtains releases from Talent that grant the rights necessary to use their name, likeness, voice, and performance in the deliverables, in accordance with the scope, duration, and territory specified in the applicable Client Agreement.

roomtone represents and warrants to its clients that it obtains all necessary releases and consents from Talent prior to delivering final content. Clients may rely on roomtone's representations regarding Talent releases for their licensed use of the delivered content within the agreed scope.

5.5 Use of Generative AI

Roomtone may use artificial intelligence tools internally for administrative, analytical, and operational purposes (for example, project management, performance analytics, or post-production utilities). On-camera Talent and final video performances are produced with real human Talent. Clients may request, in writing, that specific AI tools or applications not be used in any aspect of their engagement, and roomtone will accommodate such requests to the extent commercially reasonable. Client data, deliverables, and campaign materials shall not be used to train, develop, or improve any third-party artificial intelligence or machine learning system without the client's express prior written consent.

6. Confidentiality

"Confidential Information" means any non-public information disclosed by one party to the other in connection with the Site or any roomtone services, whether disclosed orally, in writing, electronically, or by inspection, including but not limited to business plans, financial information, client lists, pricing, marketing strategies, creative briefs, production schedules, technical data, and trade secrets.

Each party agrees to hold the other party's Confidential Information in strict confidence, to use it solely for the purposes contemplated by these Terms or the applicable Client Agreement, and to not disclose it to any third party without the disclosing party's prior written consent. This obligation survives the termination of these Terms or any Client Agreement for a period of five (5) years, or indefinitely with respect to trade secrets to the extent protected under applicable law.

The confidentiality obligations herein do not apply to information that: (a) was publicly available at the time of disclosure or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure without an obligation of confidentiality; (c) is independently developed by the receiving party without reference to the disclosing party's Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided that the receiving party gives prompt written notice to the disclosing party where legally permitted and cooperates in any reasonable effort to obtain protective relief.

7. Indemnification

7.1 Your Indemnification of roomtone

You agree to indemnify, defend, and hold harmless Perceptly LLC and its members, managers, officers, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or publicity right; or (d) any dispute between you and a third party related to the Site or our services.

7.2 Roomtone's Indemnification of Clients

Subject to the terms of the applicable Client Agreement, roomtone shall indemnify and hold harmless its clients from and against third-party claims alleging that roomtone's deliverables (as provided and used within the scope of the agreed license) infringe any third-party intellectual property right, provided that (a) the client provides prompt written notice of the claim, (b) roomtone has sole control over the defense and settlement of the claim, and (c) the client provides reasonable cooperation at roomtone's expense. roomtone's obligations under this Section do not extend to claims arising from materials provided by or on behalf of the client, modifications to deliverables made by anyone other than roomtone, or use of deliverables outside the agreed scope.

8. Disclaimers

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ROOMTONE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ROOMTONE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROOMTONE MAKES NO GUARANTEES REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF CONTENT ON THE SITE.

CLIENT RESULTS, INCLUDING RETURN ON AD SPEND, CONVERSION METRICS, OR OTHER CAMPAIGN PERFORMANCE INDICATORS REFERENCED ON THE SITE OR IN MARKETING MATERIALS, ARE PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY AND ARE NOT GUARANTEED. ACTUAL RESULTS VARY BASED ON NUMEROUS FACTORS OUTSIDE ROOMTONE'S CONTROL.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERCEPTLY LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE OR ROOMTONE'S SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ROOMTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, ROOMTONE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT PAID BY YOU TO ROOMTONE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions.

10.2 Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in Hudson County, New Jersey before a single neutral arbitrator. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND ROOMTONE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

10.4 Injunctive Relief

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or Confidential Information, without the requirement of posting a bond or proving actual damages.

11. Third-Party Links and Services

The Site may contain links to third-party websites, applications, or services (including our scheduling tool, social media platforms, and embedded media) that are not owned or controlled by roomtone. roomtone has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You access third-party links at your own risk.

12. Termination

Roomtone reserves the right, in its sole discretion, to terminate or suspend your access to all or any part of the Site at any time, with or without notice, for any reason, including without limitation a breach of these Terms. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 5 (Intellectual Property), 6 (Confidentiality), 7 (Indemnification), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Governing Law and Dispute Resolution), and 13 (Miscellaneous).

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with any applicable Client Agreement and our Privacy Policy, constitute the entire agreement between you and roomtone with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

13.2 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

13.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. roomtone's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without roomtone's prior written consent. roomtone may assign these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

13.5 Force Majeure

roomtone shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, epidemics, government actions, fire, flood, earthquake, labor disputes, supply chain disruptions, internet or telecommunications failures, or power outages.

13.6 Notices

All notices required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, sent by certified mail (return receipt requested), or sent by nationally recognized overnight courier to: Perceptly LLC, ATTN: Legal, 203 Christopher Columbus Drive, Suite 3, Jersey City, NJ 07302, or to such other address as roomtone may designate in writing.

14. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Perceptly LLC (dba roomtone)

ATTN: Privacy

203 Christopher Columbus Drive, Suite 3

Jersey City, NJ 07302

Email: will@roomtone.agency