Aidvid Terms of Service Agreement

Last Updated: Nov 29, 2019

This Aidvid Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between EligoGames, Ltd. (“Aidvid,” “we,” “us,” or “our”) and you, our customer (“you” or “your”). Aidvid provides online video hosting and editing services through our owned-and-operated websites, applications, and embeddable video players (collectively, the “Services”). This Agreement governs your use of our Services.

1. Acceptance

By creating an account, viewing and or generating videos, making a purchase, downloading our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.

If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.

We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.

This Agreement includes our Privacy Policy and the addenda listed in Section 11 below. Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.

2. Our Services

Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:
  • Upload and store raw video files, subject to your plan;
  • Generate videos, subject to your plan;
  • Use all related functionality that we may provide.

The features available to you will depend on your plan. We may change features from time to time. If you have a paid account, we commit to providing video generation feature of your plan (including generation and storage capabilities stated at the time of purchase) during your current service period.

3. Accounts

Registration: You may create an account to use certain features we offer (e.g., uploading or generating videos). To do so, you must provide an email address. You consent to receive notices from Aidvid at this email address.

Organizational Accounts: Corporate, governmental, and other organizational users must publicly display the legal name of their entity on their public account profile.

Age Requirements: You must be at least 18 years old. If you are at least the requisite age, but are still a minor in your jurisdiction, you must have your parent or legal guardian's permission. Please have that person read this Agreement with you and consent to it before proceeding.

Parents and Guardians: By granting your child permission, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's usage. If your child is either under the applicable age or does not have your permission, please contact us immediately so that we can disable access.

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

4. Subscription Plans

Plan Types: We offer free and paid subscription plans that allow you to upload video content, generate videos from it, store result of content analysis and may provide you some video generation resources. You may purchase a plan when you sign up and pay online. Advertised prices and features may change.

Plan Fees: You must pay all fees (plus any taxes) during your subscription period and any renewal periods. Our fees may include a fixed monthly or annual fee plus variable fees for transactions, usage.

Video generation Fees: You must pay all fees(plus any texes) for video generation in advance, fee calculated based on video duration and content size to be analyzed, if available video generation resources are always used to reduce fee. Our fees may include variable fees for transactions, usage. Advertised prices and features may change.

Free trials and Discounts: We may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.

Refund Policy: Subject to the terms hereof, subscribers who purchase plans directly from Aidvid may cancel and receive a full refund of their initial purchase with thirty (30) days after purchasing an annual plan and five (5) days after purchasing a monthly plan. Our refund policy does not apply to:

  • Subscription renewals or migrations to other plans;
  • Fees other than annual or monthly subscription fees;
  • Requests made after the specified periods;
  • Customers who have breached this Agreement or whose accounts were terminated in accordance with this Agreement;
  • Customers who joined using a promotion that expressly disclaimed our refund policy;
  • Customers who have initiated a chargeback dispute; or
  • Enterprise plan customers.

Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless cancelled beforehand. Monthly plans renew for one-month periods. Annual plans renew for one-year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts. Unused storage do not roll over, your unused video generation resources are rolled to the next period.

How to Decline Renewal: Customers of paid plans may opt out of automatic renewal by changing their account settings. Any opt-out or notice of non-renewal will not affect the current subscription period. Aidvid may decline renewals.

Lapse Policy: When a subscription ends, the account will, at Aidvid’s option, revert to free plan status or will be deleted. Any content in the account may be deleted to comply with the limitations of the new plan status. Aidvid shall not be responsible for the loss of any content. We may publish additional guidelines regarding the treatment of lapsed subscriptions. These guidelines describe current practices only and shall not require Aidvid to provide any level of post-subscription account status.

5. Acceptable Use Policy

We may allow you to upload and submit (collectively, to "submit") content such as videos and recordings (collectively, "content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5. Aidvid may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Aidvid may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.

5.1 Copyright Policy

You may only upload content that you have the right to upload and share. Copyright owners may send Aidvid a takedown notice if they believe Aidvid is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.

5.2 Content Restrictions

You may not submit any content that:

  • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
  • Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
  • Promotes or supports terror or hate groups;
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
  • Depicts animal cruelty or extreme violence towards animals;
  • Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
  • Makes false or misleading claims about vaccination safety;
  • Claims that mass tragedies are hoaxes or false flag operations;
  • Depicts or encourages self-harm; or
  • Violates any applicable law.
5.3 Code of Conduct

In using our Services, you may not:

  • Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
  • Act in a deceptive manner or impersonate any person or organization;
  • Harass or stalk any person;
  • Harm or exploit minors;
  • Distribute “spam” in any form or use misleading metadata;
  • Collect personal information about others;
  • Access another’s account without permission;
  • Engage in any unlawful activity;
  • Embed our video player on or provide links to sites that contain content prohibited by Content Restrictions Section; or
  • Cause or encourage others to do any of the above.
5.4 Prohibited Technical Measures

You will not:

  • Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
  • Submit any malicious program, script, or code;
  • Submit an unreasonable number of requests to our servers; or
  • Take any other actions to manipulate, interfere with, or damage our Services.
5.5 Restricted Users

You may not create an account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.

6. Licenses Granted by You

As between you and Aidvid, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow Aidvid to host and generate video from your content, you grant Aidvid the permissions set forth below.

6.1 Your Video Content

By submitting and/or generating a video, you grant Aidvid permission to:

  • Stream the generated video to end users(by default this feature is disabled and you need to enabled it);
  • Embed the generated video on third-party websites(by default this feature is disabled and you need to enabled it);
  • Distribute the generated video via our APIs(by default this feature is disabled and you need to enabled it);
  • Make the generated video available for download to end user(by default this feature is disabled and you need to enabled it);
  • Transcode the video and/or generated video (create compressed versions of your video file that are optimized for streaming);
  • Generate stills (i.e., “thumbnails”) from your video and/or generated video to represent it (if you have not selected one);
  • Analyze and otherwise transform you video to enable video generation possible;
  • Store video and/or generated video and any derivatives from it produced during video analysis or neration process.

If you have enabled a generated video privacy setting or disabled downloading or embedding, we will limit distribution of your video pursuant to your selection. By enabling access to your video to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your video. For the purposes of this Section 6.1, your video includes its title, description, tags, and other metadata.

The license period begins when you submit the video to Aidvid or generate a video and ends when you or Aidvid delete it; provided that Aidvid may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when Aidvid in good faith believes that it is legally obligated to do so.

6.2 Aidvid Generated Content

You may submit content to us for the purpose of creating a video using our services. These submissions, and the resulting videos, are governed by our Aidvid Video Generation Tool Addendum.

6.3 Account Profile

You grant Aidvid permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account.

6.4 Other Content; Feedback

Content that is not covered by the licenses set forth in Sections 6.1 or 6.2 shall be governed by this Section 6.3 (e.g., text you submit in comments). You grant Aidvid a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services. If you make suggestions to Aidvid on improving or products or services, Aidvid may use your suggestions without any compensation to you.

6.5 Scope of Licenses

All licenses granted by you in this Section 6: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this Agreement shall be deemed a license “condition” applicable to Aidvid; rather, any breach of a term by Aidvid hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).

7. Your Obligations

7.1 Representations and Warranties For each piece of content that you submit to or through Aidvid, you represent and warrant that:
  • You have the right to submit the content to Aidvid and grant the licenses herein;
  • Aidvid will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
  • The content does not, and will not, infringe any third party's rights, including intellectual property rights and privacy rights; and
  • The content complies with this Agreement and all applicable laws.
7.2 Indemnification

You will indemnify, defend, and hold harmless Aidvid and its subsidiaries, parents, affiliates, directors, officers, employees, and agents, from and against all third-party actions arising from: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.

8. Term and Termination

This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with Section 4 above. With respect to Free memberships, Aidvid may terminate this Agreement at any time by providing thirty (30) days’ written notice, and users may terminate at any time by deleting their accounts.

If you breach this Agreement, Aidvid may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Aidvid deletes your account for breach, you may not re-register.

In the event of any termination or expiration, the following sections will survive: Section 7.2 (Indemnification), Section 9 (Disclaimers), Section 10 (Limitation of Liability), and Section 11 (General Provisions).

9. Disclaimers

AIDVID PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and Internet access.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, AIDVID DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, Aidvid makes no representations or warranties:

  • That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, or accessible from all devices or browsers;
  • Concerning any content submitted by our users;
  • That any geo-filtering or digital rights management solution that we might offer will be effective;
  • That our Services will meet your business or professional needs;
  • That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
  • Concerning any third-party websites and resources.

10. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) AIDVID SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES; AND (B) AIDVID'S TOTAL LIABILITY TO YOU, EXCEPT FOR AIDVID’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO AIDVID OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD \$100), WHICHEVER IS GREATER.

11. General Provisions

Choice of Law: This Agreement will be governed by the laws of Lithuania.

Choice of Venue; Jury Trial Waiver: Any action relating to this Agreement or your use of our Services must be commenced in courts located in Lithuania; you consent to the exclusive jurisdiction of those courts. IN ANY SUCH ACTION, AIDVID AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.

Reservation of Rights, Severability, Force Majeure: Aidvid reserves all rights not expressly granted herein. Aidvid’s rights and remedies are cumulative. No failure or delay by Aidvid in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. Aidvid will not be liable for any delay or failure caused by a force majeure event.

Relationship: You and Aidvid are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and assigns. You may not assign this Agreement to any person whose account has been terminated by Aidvid or who is prohibited from registering; any such assignment will be void.

Third Parties: We may provide links to and integrations with websites operated by others. The website operator, not Aidvid, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.

Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of Aidvid. If you have a signed agreement with Aidvid, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.

Addenda: This Agreement incorporates the following documents (and no others) by reference:

Notices: You must send any notices of a legal nature to us by email legal@aidvid.com or at:
Attention: Seskines g. 6-48, LT-07152 Vilnius, Lithuania