Terms and Conditions

 

1. Introduction and Acceptance

These terms of use (hereinafter referred to as the “Terms”) set forth the legally binding terms and conditions which govern the access to and use of any websites, mobile sites, mobile applications, products or services under the umbrella of “Invideo”, a video creation platform available at https://invideo.io, and on Google Play Store and App Store as Invideo Studio, Invideo AI, Filmr, Talking Avatar by Videocreek (collectively referred to as the “Services”) offered by Whitesheep Technology Private Limited a company registered in India under the Companies Act, 2013 and Invideo Innovation Pte. Ltd., a company registered in Singapore bearing registration no. 201931873E (hereinafter collectively referred to as “Invideo”/“us”/“our”/“we”). The terms “Customer”, “you”, “your” shall refer to any natural person or entity and its authorized users that subscribes to or uses the Services. Certain features of the Services may be subject to additional guidelines, terms, or rules which are incorporated by reference into these Terms.

By accessing or using the Services, you are accepting these Terms (on behalf of yourself or the entity/ individual that you may represent) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity/individual that you may represent). You may not access or use the Services or accept the Terms if you are not at least 13 (thirteen) years old. If you are under 18 (eighteen), you must have your parent or legal guardian’s permission to use the Services.

Furthermore, it is agreed that any past or present claims relating to these Terms or the use of the Services shall be resolved through an informal dispute resolution process or through final and binding arbitration, as more particularly mentioned hereinbelow under section 15 of these Terms.

If you do not agree with all of the provisions of these Terms, do not access and/or use the Services.

 

2. Customer Content, Output and AI Based Output 

2.1. “Customer Content” shall mean any and all information and content (including but not limited to text, images, photos, videos, audio, reviews, comments and documents) that a Customer provides or makes available to Invideo in connection with the use of the Services. 

2.2. “Output” shall refer to the content created, generated and returned by the Services based on the Customer Content. 

2.3. Invideo also offers artificial intelligence services as a part of its Services (“AI”) which allows you to create/ generate text, data, information, files, images, graphics, sounds, music, videos, audio clips, links, and/or other similar materials, hereinafter referred to as “AI Based Output”. Specific guidelines/ rules in relation to such AI Based Output has been mentioned hereinbelow under section 8 of these Terms. For the purposes of these Terms, any reference to Output includes but is not limited to AI Based Output, unless any specific reference is made explicitly to AI Based Output or unless it is repugnant to the context thereof. 

 

3. Changes to Terms 

Invideo reserves the right from time to time and at its sole and absolute discretion, to make any changes/ modifications/ additions/ deletions to these Terms as may be necessary (“Revised Terms”). It is your responsibility to ensure that you are aware of the Revised Terms, by visiting this page regularly. Any continued use of these Services after the Revised Terms have been published constitute a valid and binding acceptance by you of such Revised Terms.

  

4. Invideo Plans and Subscriptions

4.1. Account creation: In order to use all or certain features of the Services, you must register for an account (“Account”) and provide certain information as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Services. Invideo reserves the right to suspend or terminate your Account in accordance with section 13.

 4.2. Responsibilities: You are responsible for maintaining the confidentiality and security of your Account, including but not limited to the information you have provided, and you are solely responsible for all activities that occur under your Account. You agree to immediately notify Invideo of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. Invideo cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4.3. Account types: We currently offer a free account with limited functionality (“Free Account”) and various fee-bearing accounts offering feature enhancements (“Paid Subscriptions”).

  

5. Access to the Services & Output

5.1. License: Subject to these Terms, Invideo grants you a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, sub-license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your Output (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed. Invideo also grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services in accordance with section 13.

5.2. Certain Restrictions: The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law); and (b) you shall not access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

5.3. Modification: Invideo reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Invideo will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

5.4. No support or maintenance: You acknowledge and agree that Invideo will have no obligation to provide you with any support or maintenance in connection with the Services.

5.5. Ownership: You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services are owned by Invideo or its suppliers. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in section 5.1. Invideo and its suppliers reserve all rights not granted in these Terms, and there are no implied licenses granted under these Terms. 

 

6. Customer Content and Output generation guidelines 

6.1. Customer Content and Output: You are solely responsible for your Customer Content and any Output generated using your Customer Content, or any Customer Content/ Output which has been provided/ generated using your Account by any affiliate/ entity/ representative which you may be related to. You assume all risks associated with use of your Customer Content or any Output generated using your Customer Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Customer Content or any Output generated using your Customer Content, that personally identifies you or any third party. You hereby represent and warrant that your Customer Content will not violate our Acceptable Use Policy (defined hereinbelow). You may not represent or imply to others that your Customer Content is in any way provided, sponsored or endorsed by Invideo. Invideo is not obligated to backup any Customer Content, or any Output generated using your Customer Content, and the same may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your Customer Content or any Output generated using your Customer Content if you desire.

6.2. Right to Use Your Customer Content & Output: You hereby grant (and you represent and warrant that you have the right to grant) to Invideo an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license (with the right to sublicense) to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the Customer Content/ Output generated using your Customer Content for the purpose of supporting your use of the Services and providing Services to you. We may also use Customer Content/ Output generated using your Customer Content for the purpose of supporting and developing and further improving the Services. This term and the rights and licenses granted hereunder do not apply to enterprise customers, who are subject to a separate set of terms and conditions specifically tailored to enterprise agreements.

6.3. Acceptable Use Policy: The following terms constitute our “Acceptable Use Policy”:

6.3.1. You agree not to use the Services to collect, upload, transmit, display, or distribute any Customer Content/ Output (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, statute, ordinance, rule, judgement, rule of law, order, decree, clearance, approval, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or administration of any of the foregoing by, any governmental authority; or (v) that adversely impacts an individual’s legal rights or otherwise which creates or modifies a binding, enforceable obligation. 

6.3.2. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other Customers, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services); or (vi) harass or interfere with any other Customer’s use and enjoyment of the Services.

6.4. Enforcement: We reserve the right (but have no obligation) to review any Customer Content/ Output, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your Customer Content/ Output, terminating your Account in accordance with Section 13, and/or taking appropriate action in accordance with applicable law, such as reporting you to law enforcement authorities.

6.5. Feedback: If you provide Invideo with any feedback, reviews or suggestions regarding the Services and/or Outputs (“Feedback”), you hereby assign to invideo all rights in such Feedback and you hereby irrevocably and unconditionally waive any and all intellectual property rights or moral rights you may have in such Feedback. You hereby agree that Invideo shall have the right to fully use your Feedback for the purpose of supporting and developing and further improving the Services. Furthermore, Invideo shall have the absolute right and discretion to utilise your Feedback for marketing/ promoting/ advertising Invideo and/ or the Services in any media formats and through any media channels, whether now known or existing in the future throughout the world, without Invideo seeking further permission from you.. Invideo will treat any Feedback you provide to Invideo as non-confidential and non-proprietary. You agree that you will not submit to Invideo any information or ideas that you consider to be confidential or proprietary. 

 

7. Third-Party Services and products; other Customers

7.1. Invideo provides tools through the Services that enable you to import and export information, including Customer Content/ Output, to and from third party services, including through features that allow you to link your account on Invideo with an account on a third party service (such as YouTube or Facebook) using multiple project keys for their application programming interface (“API”). These third party services are governed by their own API policies. By using one of these tools, you agree that Invideo may transfer that information to and from the applicable third party service. Third party services are not under Invideo’s control, and invideo is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites, and such linked websites are not under Invideo’s control, and Invideo is not responsible for their content. These third party services are governed by their own terms of service and privacy policies (eg: Google Privacy Policy). 

7.2. Third-Party Services: You acknowledge that the Service will enable or assist you to access, interact with, and/or purchase services from several supported platforms and other third parties via third-party websites or applications (collectively, “Third-Party Services”). Such Third-Party Services are not under the control of Invideo and Invideo does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and is not responsible for any Third-Party Services. You use all Third-Party Services at your risk and discretion and Invideo shall not be liable for any interaction/ decision/ contract/ arrangement/ service you have availed from such Third-Party Service or on the basis of such Third-Party Service. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not with Invideo. You shall comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to in connection with the Services. If at any time any Third-Party Services cease to make their programs available to us on reasonable terms, we may cease to provide such features to you without entitling you to any notice, refund, credit, or other compensation. 

7.3. Other Customers: Each Customer is solely responsible for any and all of its own Customer Content/ Output. Because we do not control Customer Content, you acknowledge and agree that we are not responsible for any Customer Content, whether provided by you or by others. Invideo is not liable or responsible for any Customer Content/ Output which you may view/ access while using the Services, including the accuracy, currency, suitability, or quality of any such Customer Content/ Output. Furthermore, your interactions with other Customers are solely between you and such Customers, and Invideo will not be responsible for any loss (including monetary loss), damage and/ or any reputational harm incurred as the result of any such interactions. If there is a dispute between you and any Customer, we are under no obligation to become a party to such dispute or provide any information/ testimony in relation to such dispute, save and except as may be mandated by a court of law. Please note that Other Customers may search for, see, use, modify and reproduce any of your Customer Content / Output that you submit to any “Public” area of the Services. Invideo is not liable for the disclosure of your Confidential Information due to your failure to secure these settings.You warrant that the holder of any worldwide intellectual property right, in your Customer Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

7.4. Release: You hereby release and forever discharge Invideo (and our officers, affiliates, partners, employees, agents, successors, and assigns) from, and hereby waive and relinquish each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Customers or any Third-Party Services and products).

 

8. AI Based Output

8.1. Suitability of Output: Use of Invideo may produce Output that is unexpected or unsuitable for you. The Output may not be unique and Other Customers of Invideo may generate the same or similar Output. The Output may not be protectable by Intellectual Property Rights.

8.2. No AI/ML Training: You must not, and must not allow third parties to, use any content, data, output or other information received or derived from Invideo, including any Outputs, to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence systems, including any architectures, models, or weights.

8.3. Improving artificial intelligence and technologies: You grant Invideo all rights to use your AI Based Output to improve our artificial intelligence safety efforts, to develop and improve our technologies and to improve our products and Services.

8.4. Limitation on liability: Invideo is not responsible or liable in any way, for any AI Based Output which may, solely as a result of the use of the Services (without any human intervention or involvement) and the inherently probabilistic characteristics of machine learning algorithms produce an error, mistake, inaccuracy, technological inadvertency which can display an AI Based Output which (a) is incorrect (b) does not accurately reflect real people, places, or facts (c) may be harmful, defamatory, disparaging and/ or offensive to any particular race, minority, ethnicity, gender, caste, creed or sex or (d) may be offensive to one’s religious, ethical or moral beliefs. 

8.5. No infringing or harmful use: You may not use the Services in a way that is unlawful and/or may harm a person or infringe their rights. No license or rights to use the name, image, likeness, voice, or biographical information of any person, celebrity or otherwise, is granted hereunder, and as such, any use of a work that contains any images of any persons with or without their consent is done at your own risk. You may not use the AI to generate harmful/ defamatory/ illegal AI Based Output and Invideo reserves the right to prohibit you using the Services, and to take any appropriate action as may be permitted by law. You may not seek to reverse engineer the Services, use the Services to attempt to build a competitive product or service. You will indemnify us for your use of Services as outlined in these Terms.

  

9. Disclaimers

WE (AND OUR SUPPLIERS WHO PROVIDE THIRD-PARTY SERVICES) MAKE NO WARRANTY THAT THE SERVICES AND/OR OUTPUTS WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES AND/OR OUTPUTS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 (NINETY) DAYS FROM THE DATE OF FIRST USE. INVIDEO DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT AND/ OR OUTPUT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD-PARTY SERVICES. INVIDEO DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. INVIDEO IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES AND/OR OUTPUTS, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS.

IN NO EVENT WILL THE COMPANY (OR SUPPLIERS PROVIDING THIRD-PARTY SERVICES), ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF INVIDEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY USE OF THIRD PARTY CONTENT AND/OR (VII) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU AGREE THAT YOU WILL NOT HOLD THE COMPANY RESPONSIBLE OR LIABLE FOR ANY CONTENT YOU ACCESS THROUGH THE SERVICES AND YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS AND WILL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

10. Indemnification

10.1. You and/ or any entity/ individual who you may represent or may be represented by you (“Indemnifier”) agree to indemnify and hold harmless Invideo, its subsidiaries, officers, affiliates, partners, directors, employees, and agents (hereinafter collectively referred to as “Indemnified Parties”) from any and all claims, demands, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) made by any third party due to or arising out of (a) Indemnifier’s use of the Services and/or Outputs (b) Indemnifier’s violation of these Terms, (c) Indemnifier’s violation of applicable laws or regulations, (d) Indemnifier’s Customer Content/ Output, (e) Indemnifier’s use of Third-Party Services (f) Indemnifier’s violation of any third party right, including without limitation any intellectual property or privacy right, or (iv) your actions/ decisions which for any reason has prejudiced or materially/ adversely affected the Indemnified Parties. 

10.2. Invideo reserves the right, at the Indemnifier’s expense, to assume the exclusive defense and control of any matter for which the Indemnifier is required to indemnify us, and the Indemnifier agrees to cooperate with our defense of these claims. The Indemnifier agrees not to settle any matter without the prior written consent of Invideo.

10.3. Any claim made by the Indemnified Parties hereunder shall be conclusive evidence that such claim has arisen and the notice given by the Indemnified Parties shall be conclusive proof of the amount payable by the Indemnifier towards their indemnity obligations. Further, prior to making any claim hereunder, the Indemnified Parties shall not be required to take any step, make any demand upon, exercise any remedies or obtain any judgment against the Indemnifier or any other person.

10.4. For the avoidance of doubt, it is clarified that the Indemnifier’s obligation to indemnify the Indemnified Parties pursuant to these Terms shall arise immediately upon the Indemnified Parties incurring or suffering any loss on institution of any claim, suit or action, irrespective of any defence or right to appeal available to them. The failure of the Indemnified Parties to notify the Indemnifier of a claim shall not relieve the Indemnifier of their indemnification obligations hereunder.

10.5. The rights of the Indemnified Parties to indemnification shall not be impacted or limited by any knowledge that the Indemnified Parties may have acquired, or would have acquired, whether before or after the date hereof, nor by any investigation or diligence conducted by the Indemnified Parties.

10.6. The indemnification rights of the Indemnified Parties under these Terms are without prejudice to, independent of, and in addition to, such other rights and remedies as the Indemnified Parties may have at law or in equity or otherwise, including the right to seek specific performance, rescission, restitution or other injunctive relief, none of which rights or remedies shall be affected or diminished hereby.

  

11. Limitation on Liability

ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $ 50 (FIFTY US DOLLARS). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. 

WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, OUR SERVICES; OR USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SERVICES.

PLEASE NOTE THAT WE SHALL NOT BE LIABLE FOR INDIRECT LOSS OR DAMAGE INCLUDING LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL, OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR APPLICATIONS OR TO YOUR DOWNLOADING OF ANY CONTENT ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  

12. Payments, Cancellations

12.1. Subscription fees: Paid Subscriptions can be purchased directly from Invideo by paying a monthly or yearly subscription fee. Subscriptions are billed in advance on a monthly or yearly basis and are non-refundable for the subscription period they are purchased for. You must provide us with a valid credit card or other payment method to pay the subscription fee. You agree that we may process your credit card or other valid payment method on each renewal term, on the calendar day corresponding to the first day you subscribed to the Paid Subscription.

12.2. Auto-renewal and cancellation: Your payment to Invideo will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to a Free Account. You may cancel your Paid Subscription at any time.

12.3. Changes to subscription terms: We may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect. It is your obligation and responsibility to ensure that you read and understand any such notification of price changes.

12.4. Refunds: You may cancel your Invideo subscription at any time, and you will not be charged for the next billing cycle. In case you think payment has not been made by you, please reach out to us at support@invideo.io and we will respond to you within 48 (forty eight) working hours.

 

13. Terms and termination 

These Terms shall continue to apply to you until your Account is terminated by either you or Invideo, and you cease to use the Services. However, you acknowledge and agree that the perpetual license granted by you in relation to the Customer Content/ Output, including Feedback, is irrevocable and will therefore continue after expiry or termination of your Account and your discontinuation of using the Services for any reason. We may terminate your Account or suspend your access to the Services at any time, including in the event of your actual or suspected unauthorized use of the Services and/or Customer Content/ Output, or non-compliance with these Terms. If you or Invideo terminate your Account, or if we suspend your access to the Services, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Account, you may contact us through the customer service contact form, which is available on our help & support page. This section will be enforced to the extent permissible by applicable law. You may terminate your Account and cease to use our Services at any time. Any provision of these Terms which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of these Terms.

 

14. Entire agreement

These Terms constitute the entire agreement between the parties, and no other agreement, written or oral, precedes this agreement between you and Invideo. By using the Information on Invideo, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. Invideo does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed through the use of our Services and/ or Third Party Services, and we do not provide investment advice, and do not advocate the purchase or sale of any security or investment by you or any other individual. Our Services are not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the Information. Our Services do not constitute a solicitation by the information providers, Invideo or any other person for the purchase or sale of securities. By using or accessing the Services, you confirm that you have read, understood, and agreed to be bound by these Terms.

  

15. Jurisdiction

15.1. These Terms shall be governed by and construed in accordance with the laws of India.

15.2. Subject to section 15.4 below, you hereby consent to the jurisdiction of the courts and tribunals at Mumbai in all disputes arising out of or relating to the use of the Services. Nothing contained in this section 15 shall limit the right of Invideo to take proceedings in any other court or tribunal of competent jurisdiction, nor shall the taking of proceedings in one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not and you hereby irrevocably submit to and accept, generally and unconditionally, the jurisdiction of such court or tribunal, and you irrevocably waive any objection they may have now or in the future to the laying of the venue of any proceedings and any claim that any such proceedings have been brought in an inconvenient forum.

15.3. You agree to resolve any dispute, controversy, claim or disagreement of any kind whatsoever in connection with or arising out of the use of the Services, including in relation to a breach of these Terms or a suspension of your Account and prohibition of your use of these Services, or in relation to any complaint or dispute which you may have with Invideo and the Services offered (hereinafter referred to as a “Dispute”) through an informal dispute resolution mechanism or through a settlement process with Invideo. A Dispute may be raised either by you or Invideo (“Claimant”). The Claimant must first send to the other a written notice of dispute (“Notice”), which must (a) include the Claimant’s name, residence, email address and phone number; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. The recipient of the Notice shall be given 30 (thirty) days after receipt of a complete Notice to investigate the claim and/ or to respond to such Notice. Any arbitration proceeding cannot be commenced until after the informal resolution period of 60 (sixty) days from the receipt of the Notice (“Informal Resolution Period”). It is hereby clarified that Invideo shall not be obligated to resolve any Dispute it may initiate through the process laid down in this section 15.3. 

15.4. Dispute resolution:

15.4.1. At the end/ completion of the Informal Resolution Period any Dispute shall be referred to and finally resolved by arbitration irrespective of the amount in Dispute or whether such Dispute would otherwise be considered justifiable or ripe for resolution by any court.

15.4.2. The Parties agree and confirm that the arbitration proceedings shall be conducted in in accordance with the Arbitration & Conciliation Act, 1996 and the rules applicable thereto or any statutory modification or alteration thereof for the time being in force (“A & C Act”), irrespective of your place of residence and from where you have accessed the Services.

15.4.3. Seat and Venue of Arbitration: The venue of the arbitration shall be Mumbai. The seat of the arbitration shall be Mumbai and the arbitration proceedings shall be carried out in accordance with the A & C Act, which shall be deemed to have been incorporated to this section.

15.4.4. Number of Arbitrators: The number of arbitrators shall be 3 (three) wherein Invideo shall appoint 1 (one) arbitrator and you shall appoint 1 (one) arbitrator, which arbitrators shall be appointed within 30 (thirty) days of either you or Invideo serving a notice with respect to the Dispute. The 2 (two) arbitrators so appointed shall appoint the 3rd (third) arbitrator within 30 (thirty) days of their appointment, who shall act as the presiding arbitrator.

15.4.5. Language of Arbitration: The proceedings of the arbitration shall be conducted in English language.

15.4.6. Time: The arbitral tribunal shall render its final award within 6 (six) months from the date of appointment of the complete arbitral tribunal, unless it is agreed that such limit be extended. 

15.4.7. Award and Apportionment of Costs: The award rendered shall be in writing and shall set out the reasons for the arbitral tribunal's decision. The costs and expenses of the arbitration, including, without limitation, the fees of the arbitration and the arbitration tribunal, shall be borne by you. You shall pay your own fees, disbursements and other charges of his counsel, except as may be determined by the arbitration tribunal. The arbitration tribunal would have the power to award interest on any sum awarded pursuant to the arbitration proceedings and such sum would carry interest, if awarded, until the actual payment of such amounts.

15.4.8. Award final and binding: The Parties agree that the arbitration award shall be final and binding on the Parties. Judgment upon the arbitration award may be rendered in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.

15.4.9. Confidentiality: You shall not, directly or indirectly, disclose the existence, content or results of the Dispute or any arbitration conducted under these Terms in relation to that Dispute and save as required in order to enforce the arbitration and/ or any award made pursuant to these Terms.

15.4.10. The existence or subsistence of a Dispute, or the commencement or continuation of arbitration proceedings, shall not, in any manner, prevent or postpone the performance of those obligations of Parties under these Terms which are not in dispute, the arbitrators shall give due consideration to such performance, if any, in making a final award.

15.4.11. It is hereby clarified that Invideo shall not be required to expend or risk its own funds or otherwise incur any financial liability in initiation of arbitration proceedings.

 

16. Severability 

In case any part of these Terms is inapplicable or unenforceable in any particular jurisdiction, due to any court order or otherwise, or for any other reason, the remaining provisions of these Terms shall remain in full force and effect.

 

17. No Partnership

Your use of the Services creates no partnership, client, fiduciary or other professional relationship.

 

18. Force Majeure

Invideo will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control, including but not limited to labour disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order

 

19. Storyblocks End User License Agreement

The end user license agreement of our third party service provider Footage Firm, Inc. is incorporated below for your reference, and hereby forms a part of these Terms:

19.1.Your Rights: We, Footage Firm, Inc., the owner of storyblocks.com, grant you a perpetual, worldwide right to incorporate the Stock Files you obtain from us into any work you create. This is an Individual License (the “License”). Our Individual License is written for and indemnifies you, the individual person who originally signed up for the account on one of our websites, not the entity, company, or client you work for. This means that the license granted here, which allows you to use Stock Files, does not extend to anyone else at your company or client. If you need a Business License that is written for and indemnifies you and your entity, company, or client, please contact our Enterprise team on our website here. For any Stock Files you obtain from us, you may incorporate them into any project, commercial or otherwise, including feature films, broadcast, educational, print, multimedia, games, merchandise, and the internet. This also includes projects created using video editing and modification software tools available on our websites. Once you incorporate a Stock File into your project, you can share your finished project freely, but you may not share the underlying individual Stock File as a standalone file with anyone who does not also have a Storyblocks license. (That said, if you are working on a project and need to show someone else, such as a client, one of our files for the sole purpose of getting their input on whether or not to incorporate the file into your project, that is perfectly fine. But they cannot use the Stock File themselves for any other purpose unless they obtain their own license.) You also agree to use your best efforts to avoid letting the Stock File be accessible to others as a standalone file, but since that’s not always possible, your inability to prevent copying will not be considered a breach of this License. Our Stock Files may include videos, photos, graphics, audio, fonts, templates, and more. This License covers all Stock Files obtained from our platform. Keep in mind that this License is limited in certain ways, as explained below, and it is neither exclusive to you nor transferrable to others. We offer both “Individual” and “Business” licenses, and this agreement covers only the Individual License. Additional details about the features of our licenses can be found on our website.  

19.2. Our Guarantee: We promise that if you use our Stock Files as described in this License, your use will not infringe on the rights (such as copyrights) of a third party. We also put our money where our mouth is. In fact, we will provide you up to $20,000 in indemnification with our Individual License if you incur any direct damages due to our breach of this promise. (If you need greater protection, our Business License offers up to $1,000,000 of indemnification. Contact the Enterprise Team on our website here to learn more.) This is known as our Limited Warranty. Because we take this obligation seriously, we need to make a few things clear. In no event, including negligence, will we be liable to you or any third party for incidental, indirect, or consequential damages of any kind. Our maximum aggregate liability for all breaches of the Limited Warranty will be limited to the lesser of $20,000 and the actual, direct damages you incur directly arising from the breach. If you have reason to believe a Stock File’s rights are in dispute, such as if you receive an infringement claim from a third party, you must discontinue using it until the dispute is resolved. We make no other warranties of any kind about our files or services beyond the Limited Warranty. This Limited Warranty is void if you breach or violate this License or the Terms of Service posted on our website. Be aware that trademarks, logos, or copyrights depicted within our Stock Files are not covered by this guarantee. For example, if one of our videos depicts someone holding a brand-name beverage, the beverage label may be protected by copyright and trademark law and should be used at your own risk. (We wouldn’t want you to think that this License lets you reprint Coca-Cola cans.) 

19.3. Basic Limitations: Ensuring fairness for all of our artists and other customers is a top priority. Here is how we protect them. 1. You cannot assign or sublicense this License to anyone else. Nor can you share your login with anyone else. 2. You cannot sell, license, or redistribute our Stock Files, nor can you build your own stock media site with our Stock Files. You cannot post our audio files on music platforms (like Spotify) as if they are your own. You cannot create a trademark or 2 Effective August 24, 2021 logo based on our Stock Files, since that could block other customers from using the Stock Files. Finally, you cannot use Stock Files to harm minors, to encourage violence or hate, or for an unlawful purpose, such as defamation. 3. We want to make sure people are not abusing our artists’ content to stockpile large numbers of clips without intending to actually use them in upcoming projects. For this reason, you cannot use automation, such as computer scripts, to download or “scrape” high volumes of Stock Files, nor can you do so manually if your intent is simply to stockpile content. (People often ask what we mean by “high volumes” of clips. Although this is a case-by-case determination, as a rule of thumb, it is perfectly fine to download a few dozen of our most beautiful clips that you think might be useful in the future. By contrast, downloading 500 files at once without intending to use them anytime soon would qualify as abuse.) 4. For Stock Files with identifiable people or property, we will clearly mark whether the Stock File is “model released,” or “property released,” or both on the clip description pages. We guarantee that such content will not infringe on the rights of an individual (for model-released content) or property (for property-released content). If content depicts identifiable people or property and does not have the appropriate release, you may still use the content, but you yourself must satisfy that all necessary releases are provided for your intended use. For example, content used for “editorial” purposes generally does not require a release. Also, for model-released Stock Files, you must not depict the models in a way that a reasonable person would find offensive. Just to be clear, the issue is whether your depiction of the models is offensive, not whether your project as a whole may be offensive. For example, you could use Stock Files with models in a documentary about a rare and embarrassing medical condition, but you should not depict the models in a way that suggests they personally carry the condition, unless our clip already depicts them that way. (Our models do not want to be portrayed this way.) 5. This License allows you to use our audio clips in YouTube videos, but since we are not associated with YouTube or similar platforms, we cannot prevent other people from incorrectly claiming that your video violates a copyright. If you get such a claim, let us know, and we will walk you through the steps to help you resolve the problem. Still, platforms like YouTube could block your content for reasons beyond our control. 6. When using our audio content, your License enables you to incorporate the audio into another work, but you only have intellectual property rights as to the creative value you add. For example, if you make a trivial change to a music track, such as trimming its length, you cannot then resell the trimmed track as your own musical accomplishment on a service like Spotify. If any of these limitations are too stringent for your business needs, or you just really like getting attorneys involved, we can create a custom license structure that works for your business and budget. You can contact our Enterprise Team on our website here to learn more.

19.4. Business Limitations: Because this is an Individual License, if you work for an organization or for clients, there are special limitations you should know about. First, as noted in Section A, this Individual License is written for and indemnifies you, the individual person who signed up for the account on one of our websites, not the entity, company, or client you work for. This means that the license granted here, which allows you to use Stock Files, does not extend to anyone else at your company or client. Every person who accesses standalone Stock Files from our website must have a Storyblocks license. Similarly, our indemnification obligations extend to you, the individual, not to your entity, company, or client. If you need to extend the rights or protections of this license to others, contact the Enterprise Team on our website here to learn about our Business License. Second, because the Individual License is not designed for organizations, we have a strict rule that no more than five employees of any single entity (including all parent, subsidiary, and affiliated entities) can have Individual Licenses at the same time. For example, if five employees at your company have obtained separate Individual Licenses from Storyblocks, and a sixth employee signs for an Individual License, all six employees are in breach of this License. (Business Licenses do not have this limitation.) As a reminder, a person or company needs a license to download or access standalone Stock Files, but once those files are incorporated into a final project, that project can be distributed commercially and freely shared with others, including your clients or company, and no separate license is needed for those recipients as long as you are not giving them access to standalone Stock Files.  

19.5. Other Legal Provisions: Here are a few remaining legal notes we need to tell you about. 1. This Agreement will be governed by the laws of the State of Delaware, excluding its body of law relating to conflicts of law and copyright law. If any provision of this Agreement is found invalid, the other provisions will not be affected. You must be of legal age to enter this Agreement. 2. On our website, we may offer plans that modify this agreement in certain ways, such as providing additional seats or indemnification. Except for those plan-specific terms, this License still applies. If we make changes to our License, we will post the new License on our website and, if the changes are material, notify you by email. By continuing to use our platform after that point, you are agreeing to any such changes. 3 Effective August 24, 2021 3. We reserve the right to cancel this License and your membership at our sole discretion at any time. If our reason for cancellation is not due to our determination that you violated this License or the Terms of Service posted on our website, you will be refunded pro rata for any unused portion of your membership term. 4. Except for claims brought in small claims court, all disputes about this Agreement will be settled by arbitration pursuant to the rules of the American Arbitration Association (“AAA”), subject to the Federal Arbitration Act. The dispute may be arbitrated either by JAMS or AAA. You are thus giving up your right to go to court to assert or defend your rights except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator -- not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.”