By registering on the website videofyles.com and using its services, you acknowledge that you have read, understood and agreed to the entirety of these Terms of Service.
These Terms of Service may be amended from time to time. It is your responsibility to review these Terms of Service frequently and to remain informed of any changes implemented. You agree that the continued use of Videofyles after such changes to the Terms of Services have been published will constitute your acceptance of such revised terms.
“Account” means your account after entering into the Agreement, which enables you to use the Service.
“Agreement” means the agreement constituted by these Terms of Service, the Subscribed Plan, the Privacy policy and any potential subsequent amendments of those as well as any separate agreement entered into between you and us for the performance of the Service.
“Data” means any data, whether personal or not, contained in the Videofyles database.
“Personal Data” means any information relating to a natural person who is or can be identified, directly or indirectly.
“Processed Data” means the data sent by you through your Account to the Service to be processed through the Service.
“Service” means the grant of access to Videofyles by us and the use of its services under the terms and conditions set out in the Agreement.
The purpose of this Agreement is to set out the conditions under which we provide the Service to you, who accepts it, a nonexclusive and nontransferable right to use Videofyles. In exchange, you agree to pay the contractual fee and to comply with all requirements set out in the Terms of Service.
You access the Service through your own and personal Account. You bear all liability as to the access and the use of the Account. The Account requires you to sign in with a personal Google account.
We agree to use commercially reasonable efforts to provide prompt and comprehensive support and service to you. Support for Videofyles is only available in English, via email to support@videofyles.com.
5.1 Pricing
A specific pricing applies to using the Service, which is detailed under the section Pricing, except for free Accounts available. The pricing are in dollars and all tax excluded, except when expressed otherwise. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties in its jurisdiction.
You may have access to free Account, during which you use the Service free of charge. You may subscribe only once to a free Account and shall not maintain more than one free Account. At any time during the use of it, you may opt for a paid Plan, which will be charged. For any upgrade or downgrade of the Plan, the new price will apply as of the start of the next billing cycle. In the event of an amendment of your Plan or a change from the Plan to a free Account, you shall not be entitled to a refund.
5.2 Payment and invoicing
All paid Services must be paid through our payment service provider using the provided payment options. For credit card payments you must enter valid credit card information.
The Service is billed per usage. The amount already paid is neither fully or partially refundable. The lack of use or the temporary discontinuance of the Service during the duration of the Account shall not have the effect of extending the duration of the Agreement or the Service, nor qualify for a refund or any compensation whatsoever. We will provide no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
5.3 Penalties
In the event of lack of payment on the due date, we are entitled to require payment of (i) the entire debt, (ii) a penalty for delay of three times the legal interest rate and (iii) a lump fee for fees recovery.
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time.
Prices of all Services, for the monthly or annual subscription plan to the Service, are subject to changes at any time. Such notice may be provided at any time by posting the changes on the website videofyles.com. Such changes shall not apply for the ongoing Subscribed Plans and shall only apply for the Subscribed Plans entered after the modification of pricing.
The Agreement will be effective after the creation of an Account by you, including a free Account, and will remain in effect until its termination by either party. The minimal duration of the Agreement is one (1) month as from the date of the subscription of a monthly Subscribed Plan and one (1) year as from the date of the subscription of an annual Subscribed Plan.
We undertake to use all reasonable and human resources to provide the Service, subject to (i) the full payment by you of the contractual fees and (ii) interruptions, suspension or discontinuance of all or any portion of the Service due to maintenance, service disruption or failure external to us. For maintenance operations, we will endeavour to inform you in advance by email or via the website videofyles.com. The temporary interruptions of the Service, of any kind, will under no circumstances give rise to indemnification of any kind to your benefit.
You grant to be a natural or a legal entity excluding any robots. Accounts registered by “bots” or other automated methods are not permitted.
You undertake to :
Accordingly, you are responsible for any damages such data could cause to us, to a third party, to the Service and will hold us harmless against any claims that may be brought against us by a third party because of such data and, more generally, your use of the Service. While the Agreement prohibits such conduct and Data on the Service, you understand and agree that we cannot be held responsible for the Data submitted to the Service. You therefore agree to use the Service at your own risk.
We may remove Data and Accounts containing data that we consider in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violate any Party's intellectual property right(s) or the Agreement.
The Service is provided on an “as is” basis and “as available” basis. We have an obligation of means and do not provide any implicit or explicit warranty as to the use of the Service.
The use of the Service is provided at your sole risk. You understand that the technical processing and transmission of the Service, including the Processed Data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We do not warrant that (i) the Service will meet the specific requirements of you, (ii) the Service will be uninterrupted, timely, secure, or error free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any information, or other material obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected. It is your responsibility to ensure the storage of your Processed Data. We shall not be held responsible for any loss of Processed Data.
You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, billing, storage, and related technology required to run the Service.
You also understand that, while Videofyles requires connection with such systems, External APIs are published and maintained by an independent provider external to us. You are therefore solely liable as to the transfer, the download or any use of the Processed Data to or through an External API, excluding any liability of us. You are aware that you may have to enter into a specific and separate agreement as to the use of the External API.
We exclude any liability in the events of:
You expressly understand and agrees that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute services resulting from any services purchased through or from the Service; (iii) unauthorized access to or alteration of the Processed Data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
In any case, the overall liability of us is strictly limited to the overall fees paid by you for the ongoing Subscribed Plan.
Breach(es) of any of the terms and conditions of the Agreement by you will result in the termination of the Agreement and the closing of your Account. Should you fail to remedy the said breach within seven (7) days from the suspension of your access to the Service, we shall be fully entitled to terminate the Agreement with immediate effect and without prior notice. From the termination date, you will no longer be able to use the Service. Your Data relating to your Account will be deleted without you being entitled to any compensation. You shall be solely responsible for the consequences of the termination of the Agreement, in particular in terms of continuity of its internal management and commercial activities.
No amount received in advance by us for the Subscribed Plan will be refunded and you shall not be entitled to any compensation whatsoever.
Suspension of the Service and/or termination of this Agreement shall not prevent or otherwise impede the claim(s) we may present as a result of your breach(es).
13.1 Our ownership and undertakings
All intellectual property rights on Videofyles and all content available on the website videofyles.com remain the sole property of us. We warrant that we have developed Videofyles and own the intellectual property rights to Videofyles and all elements used to provide the Service.
We undertake not to claim any ownership on the Processed Data used by the Service, which remain the sole property of you.
13.2 Your ownership and undertakings
You remain the owner of all Data processed under the Agreement.
You undertake to refrain from any act or behavior that may directly or indirectly affect the intellectual property rights owned by us, such as but not limited to, the intellectual property rights owned on the Videofyles, the related trademark and logo used by us.
You grant us against any claim, demand, suit or proceedings made or brought against us by a third party alleging that the Data, the use of the Service in violation of the Agreement, infringes, misappropriates the intellectual property rights of a third party or violates applicable law and regulation. You undertake to indemnify us for any damages awarded against, and for reasonable legal fees (including attorney’s fees) incurred by us in connection with any such claim, demand, suit or proceedings, provided that we (i) promptly inform you in writing of the claim, demand, suit or proceeding, (ii) give you the sole control of the defense and settlement of the claim, demand, suit or proceedings (such settlement may be entered to the extend that said settlement releases unconditionally us of our liability) and (iii) provides you with all reasonable assistance. All fees incurred will be borne exclusively by you.
When registering to and while using Videofyles, we collect, on a voluntary basis, from you a limited number of data, including Personal Data, which is solely used in connection with Videofyles.
All data provided to Videofyles, including Personal Data or Processed Data will not be freely given to anyone. We do not, under any circumstances, sell either your Personal Data or Processed Data. Only authorized employees of the Videofyles Service have access to view Personal Data or Processed Data.
All collected data is treated according to our Privacy Policy which which is part of the Agreement (access the Privacy policy here).
You have a permanent right to access, amend, modify or delete any information related to you by sending an email to info@videofyles.com. For more details, we invite you to refer to the Privacy Policy, which is part of the Agreement (access the Privacy policy here).
We and you undertake to keep confidential all information and documents concerning each party, of any nature whatsoever, to which the relevant party may have referred to, or provided, during the performance of the Agreement. The above shall not prevent us to mention our commercial relationship with you.
We use all technical means which may be reasonably used for the performance of the Service. We shall therefore not be held liable in the event that the Service is not available in the case of force majeure, including but not limited to, network failure, strike, natural disaster, earthquake, public telecommunication network failure, failure of Internet connection due to private or public agents to which we rely upon.
You waive any right to indemnity of any nature whatsoever in the event of force majeure and we shall not be held liable for any cost incurred due to the impossibility to use the Service.
At any time and at our own discretion, we reserve the right to assign, subcontract, transfer and / or provide all or part of the rights and obligations subject of the Agreement to a third party in any form whatsoever.
This Agreement constitutes the entire Agreement between the the parties with respect to the subject matter hereof. It supersedes all prior negotiations, contracts, and undertakings between the parties with respect to such matter.
The fact that you or us did not request the application of any provision of this Agreement shall in no event be deemed or interpreted as a waiver of the right that party has under this provision.