Terms of Service

By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.

By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.

Subject to the terms hereof, we grant you access to our Services. This includes the right to:

Any new features added to or augmenting the Service are also subject to this TOS.

Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Company.

You must not:

- sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; 
- access, download, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Service or content without explicit authorization from us;
- attempt to bypass any security, rate-limiting, filtering, digital rights management, or other access restrictions we have in place;
- remove or alter any logo, watermark, or proprietary rights notice embedded in the Service or their output without our permission;
- submit any malicious programs, scripts, or code;
- submit an unreasonable number of requests to our servers;
- take any actions that manipulate, interfere with, modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; 
- use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components.

You shall comply with any codes of conduct, policies, or other notices Company provides you or publishes in connection with the Service, and you shall promptly notify Company if you learn of a security breach related to the Service.

Any software that may be made available by Company in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

Subject to the terms and conditions of this TOS, Company hereby grants you a non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Company for use in accessing the Service. Any rights not expressly granted herein are reserved, and no license or right to use any trademark of Company or any third party is granted to you in connection with the Service.

You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “upload(ing)”) in connection with or relating to the Service (“Your Content”). You may only upload or import content that you have the right to upload, import, share, or embed on your website, emails, SMS campaigns, or anywhere else online or offline.

​​By using our Service, you acknowledge and agree that Company is not responsible for any content you upload to our platform. You are solely responsible for ensuring that your content complies with all copyright laws and regulations.

You must have the necessary rights and permissions for any content you upload, import or use to share and distribute with Videowise. If you do not own the rights to the content or do not have permission from the rights owner, you must not use such content with Videowise.

Company will not be liable for any copyright infringements or legal actions resulting from the content you upload or import. It is your responsibility to resolve any disputes or issues related to copyright violations.

By uploading or importing Your Content on or through the Service, you agree to indemnify and hold the Company harmless from any claims, damages, or legal fees arising from copyright infringement or any other legal issues related to your content. You agree to take full legal responsibility for the content used through Videowise.

By uploading or importing Your Content on or through the Service, you hereby do and shall grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service.

You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. Company reserves the right to access your account in order to respond to your requests for technical support.

Company has the right, but not the obligation, to monitor the Service, Content, or Your Content. You further agree that Company may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content) or for no reason at all.

You understand that the operation of the Service, including Your Content, may be unencrypted and involve:

Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Company will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.

You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long-distance and local telephone service (collectively, “Equipment”).

You shall be responsible for ensuring that such Equipment is compatible with the Services (and, to the extent applicable, the Software) and complies with all configurations and specifications set forth in Company’s published policies then in effect. 

You shall also be responsible for maintaining the security of the Equipment, your Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your Account or the Equipment with or without your knowledge or consent.

The failure of Company to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and Company, even though it is electronic and is not physically signed by you and Company, and it governs your use of the Service.

Company reserves the right to use your name and/or company name and/or company logo as a reference for marketing or promotional purposes on Company’s website and in other communication with existing or potential Company customers. You agree to cooperate with and provide reasonable assistance to Company in promoting and advertising the Services. o decline Company this right you need to email support@videowise.com stating that you do not wish to be used as a reference.

Subject to the terms hereof, Company may (but has no obligation to) provide technical support services through email or other communication channels in accordance with our standard practice.

To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Company information regarding your credit card or other payment instrument.

You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your credit card expiration date) that may occur. Furthermore, you agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize Company to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred.

If you dispute any charges, you must let Company know within sixty (60) days after the date that Company invoices you. We reserve the right to change Company’s prices at any time. If Company does change prices, Company will provide notice of the change on the Site or in email to you, at Company’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company thirty (30) days after the mailing date of the invoice, or the Services may be terminated. You shall be responsible for all taxes associated with Services other than U.S. taxes based on Company’s net income. We may offer a number of subscription plans, including special promotional plans with differing conditions and limitations.

The free trial period of your membership lasts for 21 days, or as otherwise specified during sign-up.

For combinations with other offers, restrictions may apply. Company reserves the right, in its absolute discretion, to determine your free trial eligibility. We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including the number of monthly impressions, subscription price and end date of your free trial period, visit https://app.videowise.com and access the Pricing section located within the Settings page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month or year of service as soon as you register. You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.

Following any cancellation, access to the service will be stopped immediately. All of your data shall be processed according to our Privacy Policy. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion.

Some information made available on or through the Site or Services is provided by third parties such as content distributors and aggregators (“Third-Party Content”).

The inclusion or appearance of Third-Party Content on the Site does not indicate any approval or endorsement by the Company of such Third-Party Content. The Company is not responsible for, and hereby disclaims any and all liability that may arise from, Third-Party Content or the act of accessing, browsing, or otherwise using such Third-Party Content. The Site or Services may contain links to third-party websites or video and photo content (“External Content”). The content of such External Sites is developed and provided by others. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Content. You should contact us at support@videowise.com for those External Content if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any External Content and do not make any representations regarding the content or accuracy of materials on such External Content. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Content, you do so at your own risk.

Videowise is using YouTube API Services in order to find relevant product review or unboxing type of videos based on your product name or your site name.

Videowise API Client has been reviewed and approved by YouTube as compliant with YouTube API Services, Terms of Service, and Google Privacy Policy. Company cannot be held accountable for the YouTube videos displayed on your website. Any disputes regarding YouTube video content can be reported by the video’s rightful owner and, at their request, can be removed from your Videowise account. Owners of the videos displayed on your site can at any time restrict embedding from their YouTube account.

For more information, please go to https://support.google.com/youtube/answer/6301625?hl=en.

You represent and warrant to Company that (i) you have full power and authority to enter into this TOS; (ii) you own all of Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow Company to perform its obligations) in connection with the Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service, and Company’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.

You can cancel your free trial or subscription at any time by logging into your Shopify account and deleting the "Videowise - Shoppable Videos UGC" app or if you have not installed Videowise through the Shopify App Store, you can contact us directly at support@videowise.com. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. If you are having any trouble with this action, contact us at support@videowise.com. 

We will continue to bill your Payment Method on a monthly or yearly basis for your subscription fee until you cancel. Subject to earlier termination as provided below, Company may terminate your Account and this TOS at any time without prior notice or reason. In addition to any other remedies we may have, Company may also terminate this TOS upon thirty (30) days’ notice (or ten (10) days in the case of nonpayment), if you breach any of the terms or conditions of this TOS. Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof).

Deleting the "Videowise - Shoppable Videos UGC" app from your Shopify account will result in the deletion of personal data along with all your video files, video imports, associated YouTube video links, Instagram & Tiktok accounts, other connected apps, analytics data and any scripts installed on your Shopify store.

Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who use abuse of the application's functionality or the Company's team or services.

All of Your Content on the Service (if any) may be permanently deleted by Company upon any termination of your account in its sole discretion. All accrued rights to payment shall survive termination of this TOS.

The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond our reasonable control. HOWEVER, THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.

You shall defend, indemnify, and hold harmless Company from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. Company shall provide notice to you of any such claim, suit or demand. Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Company’s defense of such matter.

You may not remove or export from the United States or allow the export or re-export of the Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the software and documentation installed by Company on your Equipment (if applicable) are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this TOS and will be prohibited except to the extent expressly permitted by the terms of this TOS.

You may not assign this TOS without the prior written consent of Company, but Company may assign or transfer this TOS, in whole or in part, without restriction.

If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. Both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

This TOS shall be governed by the laws of the State of Delaware without regard to the principles of conflicts of law. Unless otherwise elected by Company in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the Commonwealth of Massachusetts for the purpose of resolving any dispute relating to your access to or use of the Service.

Please visit https://www.videowise.com/privacy to understand how Company collects and uses personal information.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Company’s Copyright Agent at admin@videowise.com (subject line: “DMCA” Takedown Request”).

Notice: To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.

Counter-Notice: If you believe that the relevant Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such Content, you may send a written counter-notice containing the following information to the Copyright Agent:

• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company’s sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company 's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you have any questions about our Terms of Service, please feel free to contact us at support@videowise.com