Terms & Conditions

This Agreement

This agreement ("Agreement") is a binding legal contract between you and Vidooly Media Tech Private Limited. (and any predecessor and successor entities) ("Vidooly"), covering your use of the website www.vidooly.net and other Vidooly websites ("Sites") and any of our services, including without limitation our cross-platform video analytics and intelligence software platform ("Services"). If you do not agree to all of the terms in this Agreement, please do not use the Sites or the Services – if you visit the Sites or use any Services, you are necessarily agreeing to this Agreement.

Authorization

You may access and use the Sites and/or Services only if you are 18 years or older and capable of forming a binding contract with Vidooly Media Tech Private Limited and are not barred from accessing and using the Sites and/or Services under applicable law. If you are accessing and using the Sites or Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. In that case, "you" and "your" will refer to that company or other legal entity.

Your Account

• Some portions of the Sites and some Services can only be accessed with an account ("Account"). You can create an Account via the Sites.
• You are responsible for everything done through your Account so please do not share your ID and password with anyone you do not want to be accountable for. Please notify us right away if you have lost control of your Account ID or password or you suspect there is unauthorized activity in your Account.

Things You Cannot Do

1. Lie to us in connection with your use of the Sites or the Services. This includes but is not limited to giving false information in your Account registration.
2. Post anything that could be considered defamatory, libelous or criminal.
3. Open a new Account without our written permission if we have terminated a prior Account or suspended your access to the Sites or any Services.
4. Transfer your Account to someone else.
5. Do anything that smacks of bad online citizenship such as spam our users, distribute spyware or viruses, collect personal information without disclosing and abiding by your privacy policy, or attempt to reverse engineer or hack into our systems.
6. Bypass any technical protections or throttling that we institute, or access, use or scrape the Sites or the Services by any automated means unless you are a search engine crawling the Sites for the sole purpose of creating a publicly accessible search index.
7. Do anything we ask you not to.

Infringement

Vidooly is strongly committed to respecting intellectual property and other rights. To report infringement, please email us right away at [email protected].

Ownership: Licenses

Content and Content Rights

For purposes of this Agreement: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Sites or Services; and (ii) "User Content" means any Content that users (including you) provide to be made available through the Sites or Services. Content includes without limitation User Content.

Content Ownership and Responsibility

Vidooly does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Vidooly and its licensors exclusively own all right, title and interest in and to the Sites and Services and Content, and all underlying software, technology and processes and any enhancements or modifications thereto, including all associated intellectual property rights therein. You acknowledge that the Sites, Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sites, Services or Content.

Rights in User Content Granted by You

By making any User Content available through the Sites or Services you hereby grant to Vidooly a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under this Agreement. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Sites or Services, nor any use of your User Content by Vidooly on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Rights in Content Granted by Vidooly

Subject to your compliance with this Agreement, Vidooly grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, copy, display and print the Content solely in connection with your permitted use of the Sites and Services.

Content from YouTube

Content from Authenticated SNS Accounts

If you have an Account, you may choose to link your Account with third-party social networking services (such as Facebook, Instagram, Google, Twitter, or YouTube) (each, a social networking service or "SNS") with which you have an account (each such account, a "Third Party Account") by either: (i) providing your Third Party Account login information to Vidooly through the Sites or Services; or (ii) allowing Vidooly to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

You represent that you are entitled to disclose your Third Party Account login information to Vidooly and/or grant Vidooly access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Vidooly to pay any fees or making Vidooly subject to any usage limitations imposed by such third party service providers.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Vidooly makes no effort to review any Third Party Account Content for any purpose, including without limitation for accuracy, legality or non-infringement and Vidooly is not responsible for any Third Party Account Content.

Privacy

We collect certain information that you provide to us directly and we collect certain information passively. When you use the Sites or Services, we collect information related to your device, communications, and the features you use. For more detail about the information we collect and how we use it, please review our Privacy Policy.

Feedback

We welcome feedback, comments and suggestions for improvements to the Sites and/or Services ("Feedback"). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Indemnity, Disclaimers and Limits on Liability

Indemnity

You agree to defend, indemnify and hold harmless Vidooly and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Sites and/or Services, by you or any person using your account and password, or b) a breach of this Agreement.

Disclaimers

YOUR USE OF THE SITES AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIDOOLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

VIDOOLY MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Limits on Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIDOOLY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VIDOOLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for paying accounts. The free plan is not required to provide credit card information.
2. 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.
3. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
4. All fees are nonrefundable; there will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account.
5. You can change your subscription plan at any time by visiting your Accounts page in the Site or Service and upgrading or downgrading to the desired plan level.
6. For any upgrade in plan level, you will be charged a prorated amount for the partial month of use of the new plan on your next billing cycle. The next billing cycle will reflect any such upgrades. Your account Services and features will upgrade immediately.
7. For any downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle. Your account Services will also be downgraded on your next billing cycle.
8. Downgrading your Vidooly Services will cause the loss of features in your account. Vidooly does not accept any liability for such loss.
9. If you cancel the Services before the end of your current paid up month, your cancellation will take effect at the next billing cycle and you will not be charged again.
10. Prices of all Services, including but not limited to monthly subscription plan fees to the Services, are subject to change upon 30 days notice from us. Such notice may be provided at any time via the email you have provided or by posting the changes to the Vidooly Site (www.vidooly.net).
11. All enterprise level accounts registered to pay via check, wire-transfer, or Automated Clearing House (ACH), are due within thirty (30) days of billing date unless otherwise agreed-to by the parties in writing. If payment is not received by Vidooly on the due date, the user's account will be frozen and inaccessible until all outstanding payments have been processed by Vidooly.
12. If you're participating in any trial period offer, you must downgrade to a free plan or cancel the Services before the end of the trial period to avoid incurring new charges. If you do not downgrade to a free plan or cancel your Services and we have told you by email (or other means) that the Services will convert to a paid subscription at the end of the trial period, you authorize us to charge your payment method for the Services.
13. If your credit card information has expired, you must update the information when requested. If not, you agree that we have the right to close your account or downgrade your account to a free plan without any liability for any loss of data or loss of Services.
14. Vidooly uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain or use your billing information except to process your credit card information for Vidooly.

Termination

1. We reserve the right to suspend or terminate your access to the Sites and the Services and/or your Account at any time for any or no reason. This is not our exclusive remedy under any circumstances.
2. No refunds or credits for subscription plan charges or other fees or payments will be provided to you if you elect to terminate your Services plan or cancel your Account prior to the end of your then effective billing cycle. Following the termination or cancellation of your subscription to the Services and/or Account, Vidooly reserves the right to close your Account and delete any associated data in the normal course of operation.
3. If you close your Account voluntarily, we may retain your Account information and use it in accord with our Privacy Policy.
4. This Agreement will survive termination or suspension of your access to the Sites and/or Services and/or closure of your Account.

Miscellaneous

1. The Agreement incorporates all Vidooly policies, which can be found on the Sites.
2. We reserve the right to change the Agreement and our policies at any time. When we make such changes, we will post them to our websites and you will be able to access them through the same link you used before. Your use of the Sites and/or the Services after such changes constitutes acceptance of the new terms and/or policies.
3. Vidooly will be entitled to recover any legal fees and other costs associated with enforcing the Agreement.
4. We will communicate with you either by emailing the address associated with your account or by posting to a blog on the Sites or on the Sites themselves. You and we will give any notices required or permitted by the Agreement (other than legal process) by email with the proviso that we will email your account address and you will email us at [email protected]. Emails to other addresses will not satisfy any notice requirement.
5. You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Sites and all Services.
6. The Agreement is the entire agreement between you and Vidooly and it replaces any other agreement between us on this subject. Aside from our right to make changes described in this Agreement, any amendments to the Agreement must be in a writing signed by both parties.
7. You cannot assign the Agreement without our written agreement. We can assign the agreement to any entity that agrees to be bound by the terms of the Agreement.
8. If any provision of the Agreement is unenforceable, the validity and enforceability of the remaining provisions will not be affected. No waiver will be effective unless it is in an explicit writing and signed by an authorized representative of the waiving party.

Contact Us

For questions about these terms, please contact us at: