Terms of Service

This Terms of Service (the “Terms” or “Agreement”) is entered into by you (if signing as an individual or as a legal entity on your behalf) (“you” or “ Customer,” which term shall mean a user of the Vidwuz Service (as defined herein) and shall include such user's executors, assigns, administrators and legal representatives) and Vidwuz (“Vidwuz,” “we”, “us”, or “our”) that governs your right to use the Services identified in this Agreement.

You should read the entire Agreement carefully, as all the terms are important and together constitute a legal agreement that applies to you upon acceptance. By using the Services, you represent that you have reached the age of “majority” in your place of residence (usually 18 years old in the United States) and agree to be bound by this Agreement. A Vidwuz account may be required to use the Services. You may be required to accept additional Terms of Service and provide additional information in order to use your Account (as defined in this Agreement). By using our Services, you agree to abide by these Terms and the terms and conditions set forth in our Privacy Policy.

Any new features, tools or content added to the current Site will also be subject to the TOS. Please check back periodically as these Terms of Use may change as we continue to improve and expand our services. We reserve the right to update, alter, delete or replace any part of these Terms at any time by posting updates and/or changes on the Site. Your continued use of or access to the Site following the posting of any changes constitutes your acceptance of those changes.

Definitions

1. “Party” or “Parties” shall mean Vidwuz or Customer or both, based on the context.

2. “Content” shall mean videos, photos, images, audio, music, sounds, graphics, special effects, images, logos, branding, markings and other files, information and content, including but not limited to Flash animations and Flash files.

3. “Customer Content” shall mean content provided by Customer to the Services.

4. “Customer Data” shall mean all Customer registration information and other transaction data collected, processed and retained by Vidwuz in connection with the provision of the Services.

5. “Feedback” shall mean comments, questions, suggestions or other feedback relating to the Services, as the case may be.

6. “Services” shall mean Vidwuz's applications, content, applications and services, including those related to our artificial intelligence (AI) tools that enable users to create videos, images, and animations.

7. “User” shall mean the person who uses our Services.

Account

Vidwuz offers you different Services through its website and Vidwuz products. The Services are available to you upon registration. You agree to provide true and accurate account information, including but not limited to a valid e-mail address and password (collectively, your “Account Information”). If you register through one of our social networking partners (e.g., Facebook, LinkedIn, etc.), you may not be required to provide some or all of your Account Information.

By creating or registering for an Account to use our Services, you represent that you are at least eighteen (18) years of age or that you are a valid legal entity and that the Registration Information you provide is accurate and complete.

You understand that you are obligated to keep your Vidwuz account information confidential. All activity under your account is your responsibility. If you discover or suspect that someone has accessed your account without your permission, please notify us at support@vidwuz.com as soon as possible so that we can cancel your account and replace it with a new one.

You may not use the name of another person or entity as a username without proper authorization, which name may not be used legally, nor may you use as a user name any name or trademark in which another person or entity other than you has any rights. You may not use any offensive, vulgar or obscene name as a username.

Product Descriptions

We endeavor to describe and display the Site and Services as accurately as possible. While we try to be as clear as possible when explaining our Services, we do not warrant that the Site is completely accurate, up-to-date or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel orders that are priced incorrectly.

Payment Information

Vidwuz has premium features that are available for a fee or other charges. If you choose to add any premium services to your account, you agree to the pricing and payment schedule listed on the Vidwuz website, which may change from time to time. In addition, Vidwuz may add new services or modify existing services for an additional fee.

If you wish to purchase any product or service offered through us (“Payment”), you may be asked to provide certain information in connection with your Payment, including, but not limited to, your credit card number, credit card expiration date, and your billing address:

(i) you have the legal right to make a payment using any credit card or other payment method; and

(ii) the information you provide to us is true, correct and complete. We may use third party services to facilitate and complete payments. By submitting your payment information, you understand that we may share that information with these third parties in accordance with our Privacy Policy. Your payment has not been confirmed until you receive a confirmation email from us or the third party payment service. In particular, we reserve the right to refuse your payment due to unavailability of the product or service, or suspicion of fraud or unauthorized or illegal transaction.

Cancellation and Termination of Your Account

You can cancel your account at any time. For paid subscribers, please refer to our Refund Policy when requesting to cancel your account.

Vidwuz may immediately terminate and/or delete your account (i) if you violate or breach the Terms of Service or (ii) as described in the "Disclaimer" section (see the "Disclaimer" section below).

Removal of Violating Accounts

Uploading, recording, generating and sharing pornographic, violent and other illegal content is prohibited. Once we find it, we will permanently block your account.

Licensing

Vidwuz's services are owned and operated by Vidwuz. All content, information and other materials on Vidwuz's service platforms are protected by relevant intellectual property and proprietary rights and laws. All materials are the property of Vidwuz or relevant third party providers. Unless otherwise expressly stated in writing by Vidwuz, by agreeing to the TOS, you are granted a limited, non-sub-licensable, revocable and non-transferable license to access and use the Vidwuz Services. This license is a license granted by Vidwuz to Customer to use the Vidwuz Platform. Under this license, you may not.

1. attempt to decompile or reverse engineer any software contained on Vidwuz's web pages;

2. remove any copyright or other proprietary notations from the materials;

This license shall automatically terminate if you violate any of these restrictions and you may be terminated by Vidwuz at any time. Upon termination of your viewing of the materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether electronic or printed.

Confidentiality

Any information about customers and their respective customer records may be passed on to third parties. However, customer records are considered confidential information and therefore we will not disclose customer records to any third party other than our employees, nor will we disclose customer records to the appropriate authorities if required by law to do so. The Client shall have the right to request to see any and all Client Records kept by us and to obtain a copy thereof, provided that reasonable notice is given to us in advance. The Client shall retain a copy of any information relating to the services provided by us. Where appropriate, we shall provide the Client with appropriate copies of written information, handouts or records as part of a mutually agreed contract. We will provide you with the option to view all information we hold about you upon request.

We will not sell, share or rent your personal information to any third party, nor will we use your email address to send unsolicited mail. Any emails sent by us will only relate to the provision of agreed services and products.

Limitation of Use

This website is accessible from all over the world, so it is your responsibility to evaluate whether the use of this website, products or services complies with your local laws and regulations. Whenever you use this website, products or services, you must comply with these terms and conditions, applicable laws, regulations and policies. Vidwuz reserves the right to seek all remedies available at law and in equity for any violation of these terms and conditions.

You understand that the Services on the website should not be abused. Vidwuz may take appropriate measures to protect the Services from being abused or used to harm others. Your use of the Services means that you assent to and understand these additional terms, and that you will not:

• Use the Website for any purpose that is illegal under applicable law or prohibited by the terms and conditions of the Terms of Service;
• Defame or disparage any other person (including legal and natural persons), or make obscene, derogatory or offensive comments, or otherwise use the Website and/or the Services or their contents in a way that causes disrepute to Vidwuz or any third party or exposes Vidwuz to liability towards any third party;
• Download, post, copy, share, store or distribute pornographic, obscene or sexually explicit information, or any content that contains links to adult websites.
• Download, post, copy, share, store or distribute derogatory or malicious content, such as references or comments about race, sexual or gender identity or expression, national or ethnic origin or other specific groups.
• Send, share or distribute any content that is excessively repetitive, unwelcome, unsolicited, or constitutes "spam" or bulk commercial email.
• Send, post or transmit through the Services any illegal, hateful, threatening, insulting or defamatory content.
• Send, post or transmit through the Services any content that infringes intellectual property rights, invades privacy or incites violence.
• Download, upload, post, copy or distribute any content protected by copyright or other proprietary right without obtaining permission from the owner of the proprietary content.
• Create derivative works or exploit the Site and/or Services or their content in any way.
• Use the Site and/or Services to distribute viruses or malware or other similar harmful software code.
• Attempt to access, probe or connect to computing devices without proper authorization (i.e. any form of "hacking").
• Attempt to compile, use or distribute a list of IP addresses that Vidwuz operates in conjunction with the Services.
• Act in any manner that could damage, disable, overburden or impair any Vidwuz server or the network connected to any Vidwuz server, or interfere with any other party's use and enjoyment of the Site and Services.
• Attempt to gain unauthorized access to the Site and/or any Services, other accounts, computer systems or networks connected to any Vidwuz server or any web property and/or Services through hacking, password mining or any other means.
• Circumvent storage space limitations.
• Use the Services as infrastructure for your own cloud services or as a backup for your own cloud services.
• Use the storage space provided by the Services as the basis for encryption space, storage or any similar proof system.

Vidwuz reserves the right to take appropriate action in response to violations of these Terms, at its sole discretion, which may include removing or blocking access to content stored through our Services, suspending a user’s use of the Services, or terminating an account without prior notice.

Copyright Infringement/DMCA Notice

If you believe that anything on our Site or Service infringes your copyright and you want the allegedly infringing material removed, you must provide us with the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”).

1. Your physical or electronic signature;

2. Identification of the copyrighted work that you claim has been infringed;

3. Identification of the material on our Site that you claim is infringing and that you request we remove;

4. Information sufficient to enable us to locate such material;

5. Your address, telephone number, and email address;

6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or the law; and

7. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner of the copyright that has allegedly been infringed or that you are authorized to act on the copyright owner’s behalf. Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law (e.g. as a fair use)”.

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Links to Third-Party Websites

Certain links to other third-party websites contained on the Site and/or Services are not controlled by Vidwuz. We make no representations or warranties, express or implied, regarding the operations of other websites. Actual company and product names on these websites may be trademarks of their respective owners. Your access to any website, service or content provided by a third party through our Services does not imply any relationship between Vidwuz and such third party. These links are provided solely as a convenience to you.

Partner Services

From time to time, Vidwuz may offer promotional offers for partner services, applications or websites (“Partner Services”) as an additional benefit of the Services. The Partner Services are not integrated or merged with the Services, and your interactions with any Partner Service are subject to their own applicable terms. Vidwuz will never share your personal information with any Partner Service Provider.

Vidwuz does not guarantee and is not responsible or liable for the actions, functionality or content of the Partner Services or any transactions you may enter into with any Partner Service Provider, nor does Vidwuz guarantee compatibility or continued compatibility of the Services with the Partner Services

Log Files

We use IP addresses to analyze trends, administer the Site, track user movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, our web servers automatically log standard access information, including browser type, access times/open messages, requested URLs, and referring URLs, for system administration, detecting usage patterns, and troubleshooting purposes. This information is not shared with third parties and is used only internally by the Company as needed. Any personally identifiable information associated with this data will never be used in any manner different from that described above without your explicit permission.

Intellectual Property

All content on this website (the “Information”), including all text, design, layout, services (including any source code), and other works are protected by copyright. The entire content of our website is protected by intellectual property laws, including international copyright and trademark laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any way any of the Website or Service Content or Intellectual Property. Except as specifically permitted, no part of this website may be distributed or reproduced in any manner or in any form without the prior written permission of Vidwuz. Content use permissions may be granted on a case-by-case basis. For more information on obtaining permission, please contact us. If you are found to have violated this Intellectual Property Policy, we reserve the right to immediately remove you from the Service without refund or restrict your access to the website.

All products and services mentioned on this website, including logos and text, are trademarks or intellectual property of Vidwuz. The Vidwuz.com domain and its subdomains are owned and operated by Vidwuz. Any rights not expressly granted herein are reserved.

© 2024 Vidwuz. All rights reserved.

“AS IS” BASIS

THE WEBSITE, THE Vidwuz APPLICATIONS AND THE SERVICES (INCLUDING ALL THEIR CONTENT) ARE PROVIDED TO YOU “AS IS.” THE DOWNLOAD OF THE Vidwuz APPLICATIONS AND/OR ANY USE OF THE WEBSITE, THE Vidwuz APPLICATIONS AND THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE, LOSS OF DATA OR ANY OTHER LOSS THAT RESULTS FROM THE DOWNLOAD OF THE Vidwuz APPLICATIONS AND/OR USE OF THE WEBSITE, THE Vidwuz APPLICATIONS AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Vidwuz DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. Vidwuz MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE, THE Vidwuz APPLICATIONS AND THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Vidwuz DISCLAIMS ANY LIABILITY RELATING THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

DISCLAIMER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE VIDWUZ SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY VIDWUZ; (B) VIDWUZ DISCLAIMS ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE VIDWUZ SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) VIDWUZ RECOGNIZES THAT CONTENT CREATION COMES IN MANY FORMS, AND THEREFORE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE VIDWUZ SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) VIDWUZ IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT, PHOTOGRAPHY OR VIDEOS; AND (E) WHILE VIDWUZ ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE VIDWUZ SERVICES SAFE, VIDWUZ CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE VIDWUZ SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE VIDWUZ WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIDWUZ OR THROUGH THE VIDWUZ SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

YOUR INFORMATION

YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON THE WEBSITE OR VIA THE Vidwuz APPLICATIONS IS AT YOUR OWN RISK. Vidwuz DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL VIDWUZ BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE VIDWUZ’S SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM VIDWUZ, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO VIDWUZ’S RECORDS, PROGRAMS, OR SERVICES. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, VIDWUZ SHALL LIMIT ITS LIABILITY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE WEBSITE CREATOR AND VIDWUZ OFFICERS SHALL NOT BE LIABLE FOR CONTENT OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, AND THAT ANY REMAINING HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnification

You agree to indemnify, defend and hold Vidwuz harmless from any claims, losses, damages, demands, expenses, costs and liabilities arising out of or related to your access, use or misuse of Vidwuz's Services, including but not limited to your violation of any third-party rights (such as privacy rights, publicity rights or intellectual property rights) and your breach of any terms under this Agreement.

Governing Law and Dispute Resolution

The terms of this TOS shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, excluding its rules governing conflicts of law. Any purchases made through any of Vidwuz’s online stores will be governed by this TOS and Terms of Sale applicable to that purchase. Most customer concerns can be resolved through Vidwuz’s online support center. In the event that Vidwuz is unable to resolve a complaint to your satisfaction, please send a notice to support@vidwuz.com.

User Feedback and Other Submissions

You acknowledge that you are responsible for any material you may submit via the site or otherwise to us, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through the site, or communicate to us, any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”

If you provide to us any Feedback, whether related to the site or otherwise, and you hereby acknowledge and agree that such Feedback are not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation to you. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you forward to us. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

Changes to the Service

We reserve the right to withdraw or amend our services and any service or material we provide through the Platform at our sole discretion without notice. We will not be liable if for any reason all or part of the Platform is unavailable at any time or for any period. From time to time we may restrict your access to some parts of the Platform, or the entire Platform

Force Majeure

We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargoes, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.

Final Provisions

If any provision in this TOS is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this TOS shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of this TOS shall not constitute a waiver of such right or provision.

Contact Information

If you have any questions about these Terms of Service, please email us at support@vidwuz.com.