Terms of Service

By creating an account, purchasing a subscription, or otherwise accessing or using the Service, you confirm that you accept these Terms and agree to comply with them. If you are using the Service on behalf of a company, organization, or other entity, you represent that you have the authority to bind that entity to these Terms, and "you" refers to that entity.

If you do not agree to these Terms, you must not access or use the Service. We recommend that you print a copy of these Terms for future reference.

Vid Canary is a software-as-a-service platform that automatically creates promotional videos for e-commerce products. The Service includes:

• Automatic generation of UGC-style promotional videos based on product information you provide
• Tools to manage, download, and track your product videos
• Account and subscription management capabilities

We may update and change the Service from time to time to reflect changes to our products, our users' needs, our business priorities, or for other reasons. We will try to give you reasonable notice of any major changes.

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract with us
• Complete our registration process accurately and truthfully
• Comply with these Terms and all applicable laws

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Promptly notifying us of any unauthorized use of your account
• Ensuring that your account information is accurate and up-to-date

We reserve the right to suspend or terminate your account if you violate these Terms or if we determine, in our sole discretion, that your use of the Service poses a risk to the Service or other users.

You may not share your account with others or allow multiple users to access the Service through a single account. You may not transfer your account to another person without our prior written consent.

The Service operates on a subscription basis. Current pricing is USD 29.99 per product per month, unless otherwise specified during the purchasing process or in a separate written agreement with us.

By subscribing to the Service, you agree to the following terms:

• Billing Cycle: Subscriptions are billed automatically through Stripe on a monthly basis until canceled.
• Autorenewal: Your subscription will automatically renew each month on the calendar day corresponding to the start of your subscription.
• Price Changes: We may change our prices at any time, but price changes will not affect your current billing cycle. We will provide notice of any price changes before they take effect.
• Taxes: All fees are exclusive of taxes, which will be added where applicable.
• Refunds: Generally, fees are non-refundable unless required by law or specifically stated otherwise in these Terms.
• Cancellation: You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation, you will retain access to the Service until the end of your current billing period, at which point your access will be terminated.
• Failed Payments: If a payment fails or is declined, we may suspend your access to the Service until the payment is successfully processed. For continued payment failures, we may terminate your subscription.

"Your Content" refers to any information, data, text, URLs, images, videos, or other materials that you upload, provide, or otherwise make available to the Service.

By providing Your Content to the Service, you:

• Represent and warrant that you own or have all necessary rights, licenses, consents, and permissions to use and authorize us to use Your Content as necessary to provide the Service.
• Grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, and distribute Your Content for the purpose of providing and improving the Service.
• Acknowledge that you are solely responsible for Your Content and the consequences of sharing it through the Service.

We do not claim ownership rights in Your Content. You retain ownership of Your Content and any intellectual property rights associated with it, subject to the licenses granted to us in these Terms.

We reserve the right, but not the obligation, to review, monitor, or remove Your Content at any time and for any reason, without notice.

You agree not to use the Service:

• In any way that violates any applicable law or regulation
• To upload, transmit, or distribute any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable
• To impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
• To engage in any activity that interferes with or disrupts the Service (or the servers and networks connected to the Service)
• To attempt to gain unauthorized access to any portion of the Service or any other accounts, computer systems, or networks connected to the Service
• To reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission
• To use the Service to generate videos containing:
  • Illegal products or services
  • Sexually explicit material
  • Violence or graphic content
  • Hate speech or discriminatory content
  • Content that infringes on third-party intellectual property rights

Our Intellectual Property: The Service and its original content (excluding Your Content), features, and functionality are owned by Web Canaries LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material from our Service without prior written consent.

Generated Videos: Videos generated by the Service using Your Content are made available to you under a limited license for your personal or business use in accordance with these Terms. You may use, reproduce, distribute, and publicly display such videos in connection with your own products or services. However, you may not claim ownership of the technology or methods used to generate these videos.

Feedback: If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback in any way we choose. We will treat any Feedback you provide as non-confidential and non-proprietary.

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

Upon termination:

• Your right to use the Service will immediately cease
• You may lose access to any content, data, or information associated with your account, including any videos generated through the Service
• All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability

You may terminate your account at any time by contacting us or by using the provided account cancellation features within the Service. Upon your termination, the consequences described above will apply.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

We do not guarantee that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• The quality of any products, services, information, or other material purchased or obtained through the Service will meet your expectations
• Any errors in the Service will be corrected

You acknowledge that we may use third-party suppliers to provide necessary hardware, software, networking, storage, and related technology to operate the Service, and that we are not responsible for their failures.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WEB CANARIES LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR USE OF THE SERVICE DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations may not apply to you.

You agree to defend, indemnify, and hold harmless Web Canaries LLC, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that Your Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Service.

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Delaware, and you hereby consent to the personal jurisdiction and venue therein.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Web Canaries LLC.

For users in the European Economic Area (EEA), we comply with the General Data Protection Regulation (GDPR). This means:

• We will process your personal data lawfully, fairly, and in a transparent manner
• We will collect personal data for specified, explicit, and legitimate purposes and not process it in a manner incompatible with those purposes
• We will keep personal data accurate and up to date
• We will maintain personal data in a form that permits identification for no longer than necessary for the purposes for which it was collected
• We will process personal data in a manner that ensures appropriate security

For more details on how we process personal data, please refer to our Privacy Policy.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service.

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

Email: legal@vidcanary.com