Videffect Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User”), and Videffect ("we," "us," or "our"), concerning your access to and use of the Videffect mobile application and any other media form, media channel, website, or mobile website related, linked, or otherwise connected thereto (collectively, the “Services”).

By accessing, downloading, installing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Services and you must discontinue use immediately.

The Services are intended for users who are at least 13 years of age. If you are a minor (i.e., under the age of 18 or the age of legal majority in your jurisdiction), you must have your parent or legal guardian read and agree to these Terms prior to you using the Services.

2. Privacy Policy

Your privacy is critically important to us. Please review our Privacy Policy, which is incorporated by reference into these Terms. Our Privacy Policy explains how we collect, use, share, and protect your personal information. By using the Services, you agree to be bound by our Privacy Policy.

3. Changes to Terms or Services

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Services after the date such revised Terms are posted will be deemed to be your acceptance of the changes. We also reserve the right to modify, suspend, or discontinue the Services at any time, with or without notice to you.

4. Account Registration and Security

To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to comply with these requirements.

5. Subscriptions and Payments

• Paid Services: Certain features of the Services may be available only through the purchase of a paid subscription ("Subscription"). You will be clearly informed of the terms of a Subscription, including its price, features, and duration, before you commit to a purchase.
• Billing and Payment: Subscriptions are billed in advance on a recurring basis as disclosed to you at the time of purchase (e.g., monthly or annually). All payments are processed through the platform from which you downloaded the application, such as the Apple App Store ("App Store"). You must provide a valid payment method accepted by the App Store. By purchasing a Subscription, you authorize the App Store to charge your payment method on a recurring basis.
• Automatic Renewal: Your Subscription will automatically renew at the end of each billing cycle for an additional period equal in length to the expiring subscription term, unless you cancel it prior to the renewal date. You must cancel your Subscription through your App Store account settings at least 24 hours before the end of the current billing period to avoid being charged for the next period.
• Cancellation: You may cancel your Subscription at any time. Your cancellation will take effect at the end of the current paid term. You will retain access to the subscribed features until the end of your billing period.
• Price Changes: We reserve the right to change the price of our Subscriptions at any time. We will provide you with reasonable prior notice of any price changes. Price changes will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Services after the price change takes effect, you accept the new price.
• No Refunds: Except when required by law, or as otherwise set forth by the App Store's policies, payments are non-refundable.

6. User-Generated Content (UGC)

• Your Ownership of User Content: You retain all ownership rights to the photos, images, and other content you upload, submit, or create using the Services ("User Content").
• License You Grant to Us: To operate and provide the Services, you grant us a limited, non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to access, use, host, cache, store, reproduce, modify, adapt, process, publish, transmit, and display your User Content. This license is granted for the sole and limited purpose of operating, developing, providing, and improving the Services, specifically to apply the AI effects you select and generate the final video for you. This license automatically terminates when you delete your User Content from our Services or when you delete your account.
• Your Responsibility for User Content: You are solely responsible for your User Content and the consequences of uploading and sharing it. You represent and warrant that: (i) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us to use your User Content as described in these Terms; and (ii) your User Content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, or right of publicity.

7. Acceptable Use and User Conduct

You agree not to use the Services for any purpose that is prohibited by these Terms or by law. You shall not (and shall not permit any third party to):

• Upload, post, or transmit any User Content that is unlawful, obscene, defamatory, libelous, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense.
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• Misrepresent your identity, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Engage in any activity that interferes with, disrupts, damages, or impairs the proper working of the Services (such as a denial-of-service attack).
• Attempt to gain unauthorized access to the Services, other user accounts, or computer systems or networks connected to the Services.
• Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the application or any part thereof.

8. Content Moderation and Enforcement

We reserve the right, but are not obligated, to monitor, review, screen, or remove User Content at any time and for any reason without notice. We may take any action we deem necessary or appropriate if we believe that a user’s conduct violates these Terms, including terminating or suspending your account and access to the Services.

9. Our Intellectual Property Rights

The Services and all of their content, features, and functionality (including but not limited to all software, AI effect templates, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use in accordance with these Terms.

10. Feedback

We welcome any feedback, comments, ideas, or suggestions you may have about our Services ("Feedback"). You agree that we may use your Feedback for any purpose, including to improve the Services, without any obligation or compensation to you. By submitting Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use and exploit the Feedback in any manner.

11. Disclaimers of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT ANY DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE TOTAL AMOUNT YOU HAVE PAID US FOR SUBSCRIPTIONS IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

13. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your User Content; (2) your use of the Services; (3) your breach of these Terms of Service; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.

14. Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

• Agreement to Arbitrate: You and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
• Arbitration Rules: The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules.
• No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. Termination

We may terminate or suspend your account and your access to the Services, at our sole discretion, at any time and for any reason, without prior notice or liability. You may terminate your account at any time by ceasing to use the Services and deleting the application. Upon termination, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Copyright Policy (DMCA)

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

17. Apple App Store Specific Terms

You acknowledge and agree that:

• These Terms are concluded between you and us only, and not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the Services and the content thereof.
• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
• In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the app to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.
• We, not Apple, are responsible for addressing any claims you have relating to the Services, including product liability claims, any claim that the Services fail to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

18. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will be enforced to the fullest extent under law.
• No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Governing Law: These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which our company is established, without regard to its conflict of law provisions.

19. Contact Information

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

Email: videffect@outlook.com