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1. Introduction
2. Accounts and membership
3. User Content
4. Marketing
5. Fees for Use of the Service
6. Copyright Dispute Policy
7. Subscription Cancellation
8. Refunds
9. Modification of the Service
10. SLA
11. Error Reporting and Feedback
12. External Resources
13. License from Vidyo and Restrictions
14. Links to Other Websites
15. Backups
16. Disclaimer of Warranties
17. Limitations on Liability
18. General Legal Terms
Introduction

These terms and conditions (“Terms”, “Agreement”) are an agreement between VIDYOAI VENTURES PRIVATE LIMITED (“Vidyo”, “vidyo.ai” “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the Vidyo application and any of its products or services (collectively, “Mobile Application” or “Services” or “Service”).

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Accounts and membership

If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

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User Content

We do not own any data, information or material (“Content”) that you submit in the Mobile Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor Content in the Mobile Application submitted or created using our Services by you. Unless specifically permitted by you, your use of the Mobile Application does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

Marketing

Promotions: By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.

Use of Name: You agree that we may use your name and logo to identify you as a Vidyo customer on our website or in other sales or marketing materials, provided that we will not issue any press release without your prior consent.

Analytics: We may use third-party Service Providers to monitor and analyze the use of 
our Service.

Error Reporting and Feedback: You may provide us directly at [email protected] with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality or compensation for the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.


Fees for Use of the Service
  • The Service may be provided to You without charge up with certain limits or for a certain “trial” period of time.
  • Usage over this limit (or after the “trial” period) or requires Your purchase of additional resources or services.
  • For all purchased resources and services, we will charge Your credit card on a monthly / yearly basis.
  • Payments are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
  • Charges are solely based on Vidyo’s measurements of Your use of the Service, unless otherwise agreed to in writing.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
  • You acknowledge and agree that any credit card and related billing and payment information that You provide to Vidyo may be shared by Vidyo with companies who work on Vidyo’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Vidyo and servicing Your account.
Copyright Dispute Policy

Vidyo respects the intellectual property of others and requires that our users do the same. It is our policy to terminate the membership of repeat infringers. If You believe that material or content residing on or accessible through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Copyright Agent listed below:

  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (providing the URL(s) of the claimed infringing material satisfies this requirement);
  • information reasonably sufficient to permit us to contact You, such as an address, telephone number, and an email address;
  • a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by You, made under penalty of perjury, that the above information in Your notification is accurate and that You are the copyright owner or are authorized to act on the copyright owner’s behalf; and
  •  your physical or electronic signature.

Our Designated Copyright Agent for notification of claimed infringement can be reached at [email protected]


Subscription Cancellation
  • Monthly Subscriptions: Users can cancel their monthly subscription at any time before the next billing cycle. Upon cancellation, you will continue to have access to your account until the end of your current billing period.
  • Annual Subscriptions: Users who choose an annual subscription will be committed for the full year. Cancellation of the subscription will take effect at the end of the annual billing period.
Refunds
  • [Experiment] Trial Period: vidyo.ai offers a 7-day free trial for first-time users. During this period, users can explore all the features without any charge. No refund will be issued to the users who purchase the plan after the trial period.
  • Monthly Subscriptions: We do not offer refunds for monthly subscriptions once the payment has been processed for the current month. We encourage our users to utilize the free version to fully assess the service before purchasing a subscription.
  • Annual Subscriptions: Refunds for annual subscriptions are available within the first 72 hours of the subscription start date. If you are not satisfied with your purchase, you can request a refund within this period. Users are eligible for a full refund within the refund period of 72 hours, provided they have not used any of the minutes allotted to their account or have not efficiently used premium features. 72 hours, no refunds will be provided; however, your service will continue until the end of your paid term.

vidyo.ai reserves the right to the final decision of issuing a refund.

  • In cases of exceptional circumstances, such as constant (more than 3 occurrences) service interruptions, feature failures that prevent you from utilizing our service as advertised or delay of more than 24 hours in resolution by vidyo.ai. we may consider issuing refunds beyond these terms at our discretion.
  • Within 72 hours, If a user has utilized more than 10% of their allotted minutes, but was not able to use premium features during interruptions and failures. vidyo.ai can decide to issue a 90% refund, if it is found that the issues were not resolved within 24 hours of the customer raising a complaint.
  • After 72 hours, If a user has utilized more than 10% of their allotted minutes, but was not able to use premium features during interruptions and failures. vidyo.ai can decide to issue a 50% refund, if it is found that the issues were not resolved within 24 hours of the customer raising a complaint.
  • Within 72 hours, If a user has utilized more than 50% of their allotted minutes, no refunds will be issued.
Modification of the Service
  • You acknowledge and agree that the Service may change from time to time without prior notice to You.
  • Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.
  • Vidyo shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SLA

We will make commercially reasonable efforts to keep our Services uninterrupted except for planned downtime for maintenance, upgrades, and updates for which we will use commercially reasonable efforts to provide at least [48] hours prior notice, or (ii) for unplanned downtime caused by any circumstance beyond our control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, failures in computer, hardware, telecommunications, internet service provider or hosting facilities, power shortages and denial of service attacks. Despite our efforts, our Services or any functionality may from time to time encounter technical or other problems and may not continue uninterrupted. We are not responsible for any such problems, interruptions, any ongoing obligation to offer our Services or any functionality, or any damages resulting therefrom. We reserve the right to modify, suspend, or discontinue all or any part of our Services at any time for any reason without liability to you.

Error Reporting and Feedback

You may provide us directly at [email protected] with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality or compensation for the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

External Resources

The Service may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that Vidyo is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.


License from Vidyo and Restrictions

All of the content available on or through the Service, including without limitation, text, photographs, graphics, logos, trade/service marks, and/or audiovisual content, is owned and/or controlled by Vidyo, or other licensors or Service users and is protected, as applicable, by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Service and any underlying technology or software used in connection with the Service contain our proprietary information.


Subject to and conditioned upon Your compliance with these Terms, we grant to you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You by Vidyo as part of the Service as provided to You by Vidyo. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by Vidyo, in the manner permitted by the Terms.


You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof , unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by Vidyo, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Service.

  • You may not use the Service in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other users’ use or enjoyment of the Service.
  • You may not attempt to gain unauthorized access to any of the Service, member accounts, or computer systems or networks, through hacking, password mining or any other means.
  • Without limiting anything else contained herein, You agree that You shall not (and You agree not to allow any third party to):
  • remove any notices of copyright, trademark or other proprietary rights contained in/on or accessible through the Service or in any content or other material obtained via the Service;
  • use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
  • reformat or frame any portion of the web pages that are part of the Service;
  • use the Service for commercial purposes not permitted under these Terms;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • attempt to defeat any security or verification measure relating to the Service;
  • provide or use tracking or monitoring functionality in connection with the Service, including, without limitation, to identify other users’ actions or activities;
  • impersonate or attempt to impersonate Vidyo or any employee, contractor or associate of Vidyo, or any other person or entity; or
  • collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
Links to Other Websites

The Service may contain advertisements and/or links to other websites (“Third Party Sites”). Vidyo does not endorse, sanction or verify the accuracy or ownership of the information contained in/on any Third Party Site or any products or services advertised on Third Party Sites. If You decide to leave the Site and navigate to Third Party Sites, or install any software or download content from any such Third Party Sites, You do so at Your own risk. Once You access a Third Party Site through a link on our Site, You may no longer be protected by these Terms of Service and You may be subject to the terms and conditions of such Third Party Site. You should review the applicable policies, including privacy and data gathering practices, of any Third Party Site to which You navigate from the Site, or relating to any software You use or install from a Third Party Site. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. Vidyo bears no responsibility for any action associated with any Third Party Site.

Backup

We perform regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.Intellectual property rightsThis Agreement does not transfer to you any intellectual property owned by Mobile Application Developer or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Mobile Application Developer. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Mobile Application Developer or Mobile Application Developer licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Mobile Application Developer or third-party trademarks.

Disclaimer of Warranties

If you access the Service, you do so at your own risk. We provide the Service “as is,” “with all faults,” and “as available.” We make no express or implied warranties or guarantees about the Service. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the Service, including without limitation any warranties that the Service is merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the Service will be effective, reliable, or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Service (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness, or completeness of information provided by any other users of the Service or any other data or information provided or received through the Service. Except as expressly set forth herein, Vidyo makes no warranties about the information systems, software, and functions made accessible by or through the Service or any security associated with the transmission of sensitive information. Vidyo does not warrant that the Service will operate error-free, that errors in the Service will be fixed, that loss of data will not occur, or that the Service or software are free of computer viruses, contaminants, or other harmful items. Under no circumstances will Vidyo, any of our affiliates, distributors, partners, licensors, and/or any of our or their directors, officers, employees, consultants, agents, or other representatives be liable for any loss or damage caused by your reliance on information obtained through the Service.


Limitations on Liability

Your sole and exclusive remedy for any dispute with us is the cancellation of your registration. In no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the Service, regardless of the form of action, exceed the greater of: (a) the total amount of fees, if any, that you paid to utilize the Service or (b) one hundred dollars ($100). In no event shall we be liable to you (or to any third party claiming under or through you) for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages or any bodily injury, emotional distress, death, or any other damages arising from your use of or inability to use the Service, whether online or offline, or otherwise in connection with the Service. These exclusions apply to any claims for lost profits, lost data, loss of goodwill or business reputation, cost of procurement of substitute goods or services, work stoppage, computer failure or malfunction, any other commercial damages or losses, or any personal injury or property damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.

General Legal Terms

The Terms, including the Privacy Policy, constitute the whole legal agreement between You and Vidyo and govern Your use of the Service and completely replace any prior agreements between You and Vidyo in relation to the Service.

If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

The failure of Vidyo to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

You agree that if Vidyo does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Vidyo has the benefit of under any applicable law), this will not be taken to be a formal waiver of Vidyo’s rights and that those rights or remedies will still be available to Vidyo.

Vidyo shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances. We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.

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