Thank you for your interest in Emovid! These “Terms of Use” govern your use of Emovid, and you will be required to agree to them before using our Services. Accordingly, Emovid Corporation (which is a Washington state corporation referred to in these Terms of Use as “we” or “us” or “Emovid”) and you are entering into a binding, legal contract. So please take a moment to understand your obligations (and rights!) provided under these Terms of Use.
When we refer to the “Website” that means, collectively, the Emovid domains, subdomains, at Emovid.com.
When we use the term “Services”, that term means any functionality from our Website, applications or software, including without limitation creating an Emovid account, sending an Emovid video, replying to an Emovid video, editing or creative work on Emovid accounts or videos (such as creating thumbnails), access to our account management platform, and any related or ancillary services or products.
When we use the term “You” or “Your”, that term means you individually, or if applicable, an entity you represent. If you are representing an entity, then you make the following representations and warranties that: (a) you have full legal authority to bind such the entity; you have read and understand these Terms of Use; (b) you agree to these Terms of Use on behalf of the entity that you represent; and (c) you understand and acknowledge that your User Content will be owned by the entity. If you are enrolling other licensed users into Emovid’s Corporate Adopter Program (“CAP”) (defined below), you further agree to inform such licensed users of any rights or obligations contained herein.
1. Summary of Important Terms
These Terms of Use, and any other policies we explicitly reference, the most important of which is our Privacy Policy, make up the entire agreement between you and Emovid. Among other terms, please note that:
Our Services are offered and available only to users who are of legal age to consent and be bound by contract in their jurisdiction. Emovid is not meant for minors. For more information see Section 15.
Users may receive an Emovid account as an agent of a corporation. When this occurs, you understand that you are responsible for the content posted.
Emovid is simply a platform offering useful tools, and so at Section 18 you agree that our liability is limited, and you release Emovid from, and waive your right to recover, certain damages.
Section 22 explains that you agree to arbitrate any claims you have instead of going to court and that you will not bring class-action claims against Emovid. That section also explains how to opt-out of those terms.
2. Emovid Accounts
Emovid offers a video messaging tool for humans. To access our Services, you will be asked to provide certain registration details or other information to create an Emovid account. It is a condition of your use that all the information you provide us is true, correct, current, and complete. Further, if you create an account through an existing social media or e-mail account (such as Facebook, Google Microsoft, Apple, WhatsApp, WeChat, etc.) or any other third-party e-mail account (such as a personal or business e-mail account), you certify that you have lawful access to use that third-party account to create an Emovid Account. Any information you provide us will be handled in accordance with our Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
3. Unregistered Accounts
If you receive an Emovid video, we will save that data under your receiving email address domain, even if you have not registered an account with us. Once you register an account with your receiving email address, those Emovid vidoes will then be accessible to you through our Services and platform. We call such accounts, until registered, “Unregistered Accounts”. If you are here because of data connected to an Unregistered Account, and you would like that data deleted or otherwise modified, please let us know in accordance with our Privacy Policy.
4. License to Use Services and Prohibited Uses
Subject to these Terms of Use, Emovid grants you a limited, worldwide, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services and access our Website as provided hereunder. The foregoing license is narrow and does not include any resale or commercial exploitation of our Services or any derivate use of the Services, Website, or Emovid Content, without Emovid’s written permission. Additionally, you may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or Services:
- In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use, including their ability to engage in real time activities through the Website or Services.
- Use any robot, spider or other automatic device, process or means to access the Website or Services for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine, or take any other action, that interferes with the proper working of the Website or Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Services, the server on which the Website or Services are stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- To actually, or facilitate any other person with the ability to, decompile, reverse engineer, or disassemble Emovid’s technology in any way.
5. User Content Storage, Removal, and Suspension or Terminating Accounts
Emovid stores the content that you create as a user (your “User Content“), for access and use through your account. Please note that we may not store User Content indefinitely, may make changes to our Services or Website that makes some of your User Content inaccessible, and that we do not guarantee 100% uptime or immediate access to our Service or Website. While we would hope to provide notice to you regarding such issues, we do not guarantee that we can provide advance notice of outages, updates, or such changes that will affect your User Content. So please treat your User Content as though it could be deleted at any time!
We also reserve the right to delete User Content immediately and without notice if you violate the User Content Standards, identified below, or these Terms of Use. We endeavor to suspend or disable accounts where we feel, in our sole discretion, that behavior can be corrected, but we reserve the right to terminate or permanently disable accounts at any time, and without first suspending an account. Further, we reserve the right to ban any user, across all accounts, for frequent or grievous violations of the User Content Standards or these Terms of Use.
6. Security
We take commercially reasonable steps to secure User Content. We ensure that messages are encrypted as sent through the Service. Further, we take commercially reasonable steps to secure the data, including User Content, on our servers. We, and no agency, company, or country for that matter, cannot guarantee data security. If there is a security breach or loss at Emovid, we will make you aware in compliance with local, state, national, and international laws.
7. Requirements to Upload User Content
When you upload User Content, you must not include third-party property (such as copyrighted material or containing trademarks) unless you have permission from that party or are otherwise legally entitled to use that property. You are legally responsible for your User Content you submit and send through the Service. We may use automated systems that analyze your User Content, to detect infringement and abuse, and for other monitoring purposes like fighting spam, malware, and illegal content.
8. User Content Standards
The content standards in this section apply to all User Content. First of all, User Content must, in their entirety, be lawful. This means complying with all applicable federal, state, local and international laws and regulations. Without limiting the requirement for lawful use, User Content must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- Transmit, or procure the sending of, any advertising or promotional material without our prior written consent including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
- Be likely to deceive or defraud any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve contests, sweepstakes or other large scale games of chance.
- Violate the requirements of the CAN-SPAM Act or any other anti-spam laws, which laws require certain procedures or prohibit, among other requirements, sending bulk commercial messaging to people without their consent, without the ability to “opt-out,” or that is sent or advertising to recipients in a deceiving manner.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Emovid does not constantly monitor User Content. We cannot guarantee the behavior of others, and you may encounter User Content that violates the standards in this section. Please let us know about violators of these standards! We cannot guarantee that we can take down all violating User Content or User Content you find objectionable, but we will use our best efforts to enforce these standards.
9. User Content Licenses to Emovid and Others
We will not take your User Content and do anything with it without your permission. We generally will not view any videos unless we must do so to debug a system problem, test or asses the quality of our service, if we’re trouble-shooting a support issue for you, to monitor for potential misuse of our technology, or unless we must review to meet a legal obligation. Accordingly, you grant Emovid a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use User Content – including uses to reproduce, distribute, prepare derivative works, display, and make use of all performing rights –but only in connection with delivering the Services to you or to otherwise meet our legal obligations (e.g. share videos with law enforcement). We will always follow our Privacy Policy in this regard!
Because you are uploading and sending someone a video by using the Emovid Services, be aware that you are granting certain limited rights to the person that you are sending a video. Of course, this isn’t a grant to misuse your User Content. This section explains the grant to your recipients, whether or not considered users of our Service, a worldwide, non-exclusive, royalty-free license to access your User Content in their responsive use of the Servies. For clarity, this license you provide others DOES NOT allow them to make use of your User Content outside of our Services or misuse or misappropriate your User Content in any other way. We have limited privacy and security controls that you can use in connection with our Services, but we cannot guarantee, and will not be liable for, recipients doing something unlawful or unallowed with your User Content (like re-record a video you send or cut or alter the video, etc.).
The Services may include or leverage generative artificial intelligence, machine learning, or other deep learning technologies (collectively, “AI”) that enable machines to learn from, make decisions on, or generate new data based on content submitted to our AI (“Input”). Information, data, or content returned or generated by the AI is considered “Output”. Please see Emovid’s Privacy Policy for information regarding your rights and obligations, as well as how Emovid stores and uses your information. You acknowledge that AI relies on or incorporates technologies that are experimental in nature and that AI may produce inaccurate or incomplete Output. Emovid makes no representations or warranties with respect to Output and Output should never be relied upon for any purpose including, but not limited to, financial, medical, or legal advice. AI may also generate Output that is considered offensive. Output does not represent Emovid’s views. You will not submit Input that is in violation of these Terms.
10. Emovid Use of User Content and Anonymous Data
Under the license you grant Emovid to use User Content, we will only use User Content:
- Consistent with these Terms of Use and as required to perform the Services, maintain the Website, and meet our obligations;
- As part of our research datasets to analyze, maintain, and improve our Services, AI, and other techonogy and for other research and development data analysis, provided that if we add User Content to our research datasets, we first de-identify the data so it is no longer associated with your account (See Aggregated Anonymous Data, below);
- In accordance with our Privacy Policy;
- As authorized or otherwise instructed by you;
- For safety or security purposes, and to enforce the User Content Standards; and
- As required by law.
We may, and you agree to allow us to, anonymize your User Content and, from the de-personified data, aggregate and analyze such data regarding use of the Services and Website. We call such data “Aggregated Anonymous Data”. You agree that Emovid can use Aggregated Anonymous Data to analyze, develop, support, improve, and otherwise operate our Services in accordance with applicable law. We may, for example, use this data to generate certain reports, benchmarks, summaries, and other Emovid best practices such as a statement that the average Emovid is X minutes long.
11. Service Use Data
Certain use of the Services separate from your User Content you actually upload, such as telemetry data, product usage, diagnostic data, and similar data generated by your use of the Services we call “Service Use Data”. Emovid owns all right, title, and interest in and to the Service Use Data.
12. User Feedback and Alpha – Beta Pre-Access Limitation
Especially during alpha or beta testing of our Services, feedback is incredibly important for us to deliver the best Service possible. We appreciate any feedback you have! Please note, however, that by sending us any comments, suggestions, questions, or the like regarding our Services or Website, including any ideas, know-how, concepts, recommendations, enhancements, or other strategies that could in any way relate to our Services or Website, like new or improved features or functionality (collectively referred to as “Feedback”), it becomes Emovid property. You acknowledge that we can choose to use your Feedback for any purposes whatsoever, without further compensation, attribution or reimbursement, or not use your Feedback at all.
13. Emovid Content and Trademarks
Emovid’s name, logo, related names and logos, trade dress, trademarks, service marks, products, Services, Website, designs, insignia, symbols, slogans, and the like (whether registered or unregistered), are trademarks of Emovid (the “Emovid Marks”). We provide no rights to use the Emovid Marks without separate, and explicit, permission. All other names, logos, designs, insignia, symbols, slogans, and the like that appear on our Website or Services are trademarks of their respective owners.
Emovid owns, has all right, title and interest in, and shall retain ownership over the “Emovid Content” which means all Service Use Data, Aggregated Anonymous Data, Feedback, the Emovid Marks, and the Services and Website, and any underlying software or other technology and intellectual property embodied or contained in, used to provide or support, or otherwise associated or provided in connection with, the Services or Website. Emovid reserves all rights not otherwise explicitly provided to you hereunder.
14. Digital Millennium Copyright Act (DMCA) and Requests to take Down User Content
We respect the intellectual property rights of others. If you believe your copyright in a work has been violated on the Website or through use of the Services, please email us a notice with the following information:
- Identify the copyrighted work or works that you claim has been infringed, or if multiple copyright works are covered by the notice you send, please provide a representative list of such works.
- Identify the material or link you claim is infringing or the subject of an infringing activity, that is to be removed or disabled. Please provide the URL or the exact location of such infringing materials if on the Website, or a copy of the User Content that you claim is infringing.
- Provide your contact information (Your business name (if applicable), your name, address, e-mail address, and phone number).
- Include the following statements in the body of the notice you e-mail to us:
“I hereby state that I have a good faith belief that use of material(s) in the manner complained of is not authorized by the copyright owner, agent, or the law (i.e., fair use). I hereby state that the information provided herein is true and accurate, and under the penalty of perjury, I am the owner or have been authorized to act on behalf on behalf of, the owner of the copyright, or the owner of any exclusive right that has been allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this notice with all ancillary documents to:
Copyright Agent
Apex Law Group PLLC
Attn: Peter J. Smith
200 1st Ave. W., Suite 320
Seattle, WA, 98119-4219
United States
dmcaagent@apexlg.com
15. Age Restrictions and Minor User Content
By registering an account and using our Services, you represent to us that you are of legal age to enter into an agreement (these Terms of Use) in your jurisdiction. If it comes to our attention that you are not of legal age, or are otherwise ineligible to use the Services, then we will immediately discontinue your use. We do not knowingly collect personally identifiable information from anyone under the age of 16. If you are a parent or guardian, and you are aware that your minor has provided us with personal data, please contact us. If we become aware that we have collected personal data from a minor without verification of parental consent, we may take steps to remove that data from our servers. This may result in the termination of the relevant account.
16. Third-Party Links and Third-Party Functionality
The Website and our Services may provide, or third-parties may provide on our Website, links to other third-party websites or other online services and resources. We have no control over such sites and services. Accordingly, you agree that we are not responsible for the availability, accuracy of information, or anything else related to such external sites or resources (referred to as “Third-Party Materials”). Further, you acknowledge that such external sites usually have their own terms and conditions, including those surrounding your data and privacy, and those will govern your use of such Third-Party Materials.
17. Disclaimer of Warranties
YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EMOVID NOR ANY PERSON ASSOCIATED WITH EMOVID MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER EMOVID NOR ANY PERSON ASSOCIATED WITH EMOVID REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
EMOVID HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation on Liability
IN NO EVENT WILL EMOVID, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR SERVICES. THIS LIMITATION OF LIABILTY AND DAMAGES INCLUDES ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
20. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify and hold Emovid and its affiliates, officers, directors, employees, contractors, agents, licensors, successors, and assigns harmless from and against any and all third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your use of the Services or Website; (ii) your violation of these Terms of Use; (iii) your violation of any applicable law or regulation; and (iv) a violation of any of the foregoing demonstrably not by you, but through the use of your account (collectively, the “Claims and Losses”). You agree to cooperate and work with Emovid in the investigation and defense of Claims and Losses. Further, you hereby authorize and grant Emovid the right to negotiate, settle, pay, compromise, and otherwise assume full control for defense over any Claims and Losses.
21. Injunctive Relief
You recognize that immediate and irreparable damage will result to Emovid if you breach any of the Terms of Use or Privacy Policy and, accordingly, You hereby consents to the entry of temporary, preliminary and permanent injunctive relief by any court of the competent jurisdiction against yourself to restrain any such breach, in addition to any other remedies or claims for money damages that Emovid may seek without the necessity of posting any bond or other security; and You agree to render an equitable accounting of all earnings, profits and other benefits arising from such violations; and to pay all costs and counsel fees incurred by Emovid in enforcing this agreement, which rights shall be cumulative. Any equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages, or other available relief.
22. Governing Law and Territorial Issues
All matters relating to the Services, the Website, and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).
Because Emovid controls and operates the Website and Services from the United States, these Terms of Use and not intended to subject Emovid to any laws or jurisdictions other than the United States. Emovid does not represent or warrant that its Services is available or permissible in any particular jurisdiction. You warrant that your access and use of the Website and Services is permissible under all applicable local laws, rules, regulations, and restrictions. Emovid may, at our sole discretion, limit availability of the Website or Service based on geography or jurisdiction.
23. Dispute Resolution; Waiver of Class Actions; and Opt-Out Procedures
All claims or disputes relating to these Terms of Use or our Services or Website, must be resolved through final and binding arbitration, except for certain injunctive relief (further explained below). Before filing any claim, however, Emovid seeks to resolve all disputes informally. We truly believe that reasonable people can find resolution quickly and efficiently, and so before a formal arbitration proceeding, you must first contact Emovid explaining your claim. If the dispute is not informally resolved within 30 days of your notice, then a formal arbitration proceeding may be brought under this section.
The American Arbitration Association (AAA) will administer arbitration under the AAA’s set of rules selected by the arbitrator. The arbitration will be in English, and will be held in Seattle, Washington. Instead of appearing in person, you and Emovid may appear via conference call or webcam, or any other means where all the participants can hear and respond to one another in real-time.
As an exception to formal arbitration, a lawsuit may be filed in the state or federal courts in King County, Washington, for immediate injunctive relief to stop or prevent further abuse or infringement of intellectual property rights (trademarks, copyrights, patent, trade secrets, domain name rights, or the like).
NO CLASS ACTIONS OR REPRESENTATIVE LAWSUITS. You and Emovid agree that any disputes arising out of these Terms of Use or the Website or Services shall be submitted individually, and shall not be subject to any class action or representative status. Accordingly, both Emovid and you waive your right to join claims with others or participate as a member of a class of claims submitted to arbitration. The foregoing class action waiver is essential and material to these Terms of Use, especially with the consent to submit to binding arbitration. If any portion of the waiver for class action claims because nullified, limited, or otherwise cancelled then the agreement to arbitrate hereunder shall also become void.
YOU UNDERSTAND THAT BY AGREEING TO THE ABOVE, YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH THE COURT, AND POTENTIALLY HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND THAT YOU MAY HAVE HAD A RIGHT TO JOIN A CLASS OR HAVE CLAIMS DECIDED THROUGH REPRESENTATIVE ACTION. BY AGREEING TO THESE TERMS YOU HAVE WAIVED THESE RIGHTS.
To opt-out of the foregoing arbitration provisions and waiver of class action or representative claims, please email Emovid according to the notice provisions below, no later than 30 days from agreeing to these Terms of Use.
24. Waiver and Severability
No waiver of by the Emovid of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Emovid to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision for that instance or future instances of breach.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
25. Export Controls
You agree and acknowledge that you will comply will all relevant United States, and foreign jurisdiction, export and import laws when using our Services. You represent and warrant that you are not listed on any United States agency list of prohibited or sanctioned parties, and that you are not operating in, or for, a jurisdiction, nationality, or country (e.g. North Korea, Iran, Sudan, or Syria) that is subject to United States government embargo laws.
26. Notices and Your Comments or Concerns
For valid notice to Emovid, including general comments, concerns, or Feedback, please send an email or mail, via first-class mail, to:
Emovid Corporation
200 1st Ave. W., Suite 320
Seattle, WA, 98119-4219
United States
support@emovid.com
We will send notices to you at your Emovid account email address. Please keep that email address up to date!
All notices of copyright infringement claims should be sent to the copyright agent designated above in the manner and by the means set forth therein.
27. Promotional Offerings
We may make offerings, at our discretion, to induce individuals to utilize our services as a marketing campaign. These offerings are made solely at our discretion and Emovid is under no obligation to make such offerings. Emovid makes no guarantee that the previous offerings will be available to users; However, we will make all commercially reasonable efforts to ensure that the promotional offerings are maintained. The offerings may be subject to change, and possibly cancelation, if Emovid undergoes a change of ownership, merger, acquisition, or any form of corporate restructuring. The promotional offerings only include Services provided at the time of their offering; any Services, features, or products not identified as part of the promotional offering are excluded and use of additional Services, features, or products may be subject to additional fees, terms, or conditions.
28. Paid Subscription Terms
By signing up to Emovid with a paid subscription, you agree to participate in Emovid’s Corporate Adopter Program (“CAP”) under the additional terms and conditions of use.
- Subscription Services. In connection with your participation in the Corporate Adopter Program, Emovid grants you a limited, non-transferable license to use certain functions, operations, and features that are integrated or embedded into the subscription-based online services and applications provisioned or controlled by Emovid (“Subscription Services”).
- Subsequent Features. Emovid may, at any time, offer, alter, provide access to, restrict access to, add, or remove products, Services, or service features during your participation in the Corporate Adopter Program. Emovid will provide notice of any new features made available and any use of such features will be governed by these Terms of Use.
- Scope of Usage. The Subscription Services may be utilized by any individuals within your company as necessary, and under any relevant license caps, provided the company users are actively and correctly participating in CAP. All user accounts accessing Subscription Services under this agreement must be registered as instructed by Emovid. Any deviation from this requirement requires prior written consent from Emovid. You understand and acknowledge that if you are participating as a user under the CAP program, then your “User Content” is owned by the company entering into the CAP agreement and subscription services.
- Limitations and Noncompete. You are being provided early access to Emovid’s proprietary software and other technologies. As an explicit and material condition for using this proprietary software and other technology, you agree not to engage in or assist others in engaging in the same or similar Business as Emovid or have an interest in any person, business, or entity that engages directly or indirectly, in whole or in part, in the same or similar Business as Emovid.“Business” means providing an online platform for businesses and business users to record and share short, asynchronously delivered video messages. Further, You agree that your usage of the Subscription Services will not include any decompiling, reverse engineering, or disassembly of Emovid’s technology in anyway.
- Participation and Termination. Your participation in the CAP and the use of the Subscription Services is subject to modification, termination, or discontinuance by Emovid at any time with written notice at Emovid’s sole discretion. You may request to terminate your participation in the CAP by sending an email to support@emovid.com and Emovid shall effectuate such termination request within a commercially reasonable period. Subscription fees are non-refundable, except as required by law. If you cancel your subscription, you will continue to have access to the subscription services until the end of your current billing cycle.
- Future License. You are being granted access to utilize the Subscription Services at the agreed upon rate until the CAP period ends, as agreed upon by both parties. At the conclusion of the CAP period, both parties may enter into negotiations in good faith to establish the terms of a formal license agreement for continued use of Subscription Services. In the event a subsequent license agreement is not entered into, access to Emovid may be terminated, and all associated data will be handled according to our data retention policy, see our Privacy Policy.
- Public disclosure of CAP participation. You grant Emovid a royalty-free, non-exclusive, non-transferrable, revocable, worldwide limited license to use and display your company name, branding, and logo whenever we are disclosing the list of companies participating in the CAP, so long as your company is still actively participating in the program and so long as you have pre-approved in-writing such use of your company, branding and logo. At all times, You are the sole owner of all right, title, and interest to all your information, including your logos, trademarks, trade names, and copyrighted information. It is understood that You retain the right to review and approve in advance in writing all uses of such intellectual property. Upon termination or expiration of this Agreement, all rights and privileges for use of your logos, trademarks, trade names, and copyrighted information shall expire, and Emovid shall discontinue the use of your logos, trademarks, trade names, or copyrighted information. If you have provided brand guidelines to Emovid, then Emovid will follow such guidelines when disclosing the list of participating companies in the CAP.
29. Modification and Changes to these Terms of Use
Only we may revise and update these Terms of Use in our sole discretion. All changes are effective immediately when we post them, and shall apply to all access to and use of the Website and Services thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.