Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and PrimoClip ("we," "us" or "our"), concerning your access to and use of the PrimoClip website and AI-powered video clip generation service, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Service").

You agree that by accessing the Service, you have read, understood, and agreed 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 Service and you must discontinue use immediately.

2. Description of Service

PrimoClip provides an AI-powered service that allows you to upload audio and video content, such as podcasts, interviews, and other long-form content, and generates short, vertical video clips optimized for social media. The Service includes:

• Audio and video file uploading and storage
• Automated transcription of audio content
• AI-powered identification of compelling moments
• Automated vertical video generation with captions
• Speaker tracking and framing optimization
• Clip downloading and sharing capabilities

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Intellectual Property Rights

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

Your Content: You retain all ownership rights to the original content you upload to our Service. By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, process, adapt, and publish the content solely for the purpose of providing the Service to you. This includes transcribing your audio, analyzing your content with AI, and generating video clips.

Generated Clips: You own the video clips generated by our Service from your content. However, we retain all rights to the underlying technology, algorithms, and systems used to generate these clips.

4. User Representations

By using the Service, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete;
• You will maintain the accuracy of such information and promptly update such registration information as necessary;
• You have the legal capacity and you agree to comply with these Terms of Service;
• You are not a minor in the jurisdiction in which you reside;
• You will not access the Service through automated or non-human means, whether through a bot, script, or otherwise;
• You will not use the Service for any illegal or unauthorized purpose;
• You have all necessary rights, permissions, and consents to upload and process the content you provide to our Service;
• Your use of the Service will not violate any applicable law or regulation.

5. Content Restrictions and Rights

You may not upload, transmit, or share content that:

• Infringes on any patent, trademark, trade secret, copyright, or other intellectual property rights of any party;
• Contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Violates the legal rights (including the rights of publicity and privacy) of others;
• Contains any material that could constitute or encourage conduct that would be considered a criminal offense;
• Is otherwise unlawful or creates liability on our part.

We reserve the right, but not the obligation, to review any content uploaded to our Service, and to remove content that violates these Terms or that we deem, in our sole discretion, to be inappropriate for the Service.

User Content Responsibility

By uploading content to our Service, you explicitly acknowledge and agree that:

• You are solely responsible for any content you upload to our Service;
• You have all necessary rights, permissions, and consents to upload and process the content;
• You will not upload content that exceeds our file size limit of 1GB;
• Any legal issues arising from the content you upload (including but not limited to copyright infringement, privacy violations, or other intellectual property claims) are your sole responsibility;
• We are not obligated to pre-screen or monitor your content and assume no liability for any material you upload;
• You will defend, indemnify, and hold us harmless from any claims resulting from content you upload.

While we provide the platform and processing capabilities, you retain full legal responsibility for ensuring your content complies with all applicable laws and regulations. We strongly recommend only uploading content that you have created yourself or have explicit permission to use.

6. User Registration

You may be required to register with the Service. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

7. Subscription and Payments

PrimoClip offers subscription plans with various features and usage limits. By subscribing to our Service, you agree to the following:

• You will be charged according to the pricing plan you select;
• Subscription fees are billed in advance on a recurring basis, according to the billing cycle you select;
• You authorize us to automatically charge your payment method for all fees incurred in connection with your account;
• If we are unable to charge your payment method, we may suspend or terminate your access to the Service;
• You may cancel your subscription at any time, but no refunds will be provided for any unused portion of a subscription period.

We reserve the right to change our subscription plans or adjust pricing for our Service at any time. Any price changes will become effective at the end of the current billing cycle.

8. Fair Usage and Rate Limits

To ensure optimal performance for all users, we implement fair usage policies and rate limits:

• Each subscription plan has specific limits on file sizes, processing time, and number of clips generated;
• We may throttle or temporarily suspend processing if your usage exceeds reasonable limits;
• You agree not to attempt to circumvent any limitations implemented in the Service;
• Excessive usage that impacts system performance may result in additional charges or account suspension.

9. Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Service, you agree not to:

• Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Circumvent, disable, or otherwise interfere with security-related features of the Service.
• Attempt to reverse engineer any portion of the Service or our AI algorithms.
• Upload or transmit viruses, malware, or other types of malicious software.
• Use the Service in any manner that could disable, overburden, damage, or impair the site.

10. AI Generated Content Disclaimer

Our Service uses artificial intelligence to process your content and generate video clips. You acknowledge and agree that:

• AI-generated transcriptions may contain errors, inaccuracies, or misrepresentations of the original audio;
• AI selection of "compelling moments" is based on algorithms that may not perfectly align with your preferences;
• The quality of the generated clips depends on the quality of the original content you upload;
• We do not guarantee that the generated clips will meet your expectations or be suitable for your intended purpose;
• You are responsible for reviewing and potentially editing the generated content before using it externally.

11. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Service. Without limiting any other provision of these terms of service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the service (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of service or of any applicable law or regulation.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

12. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the service, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total liability to you for any damage or loss arising from or relating to the service or these terms of service shall be limited to the amount you paid to us during the 6 month period 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 use of the Service; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any harmful act toward any other user of the Service with whom you connected via the Service.

14. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

15. Governing Law

These Terms shall be governed by and defined following the laws of the United States. PrimoClip and yourself irrevocably consent that the courts of the United States shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

16. Contact Us

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at:

PrimoClip
Email: [email protected]