End User License Agreement
In this End User License Agreement, by any reference to "Company," "we," "us," or "our"), we mean Vidbot LLC, a company registered in Wyoming, United States at 30 N Gould St, Ste N, Sheridan, WY 82801.
You can contact us by phone at +1 (307) 215-5813, email at support@vidbot.ai, or by mail to:
Vidbot LLC 30 N Gould St, Ste N, Sheridan, WY 82801 United States
This End User License Agreement is a legal agreement between You and Vidbot LLC. Permission to use Vidbot is conditional upon you agreeing to the terms set out below. By clicking on the accept button You will be deemed to have accepted this Agreement. By purchasing, downloading, installing, using or otherwise accessing any Vidbot Software You are also agreeing to be bound by this Agreement. If You do not agree to all of the terms and conditions of this Agreement then You are not permitted to purchase, or use Vidbot.
1. Definitions
Agreement: This End User License Agreement, which may be renewed and/or amended from time to time. Vidbot: The Vidbot software distributed by Vidbot LLC as a piece of workflow software that enables You to quickly and easily convert written content into videos. Creative Commons License: A license that enables the free distribution of an otherwise copyrighted work. Vidbot Promotional Materials: The term "Vidbot Promotional Materials" includes all materials, in any form, that belong to Vidbot LLC and are used for promoting its company, products, and activities. These materials may consist of trademarks, names, logos, signs, banners, and any other type of promotional content. Vidbot Software: Vidbot Software refers to the content creation tool distributed by Vidbot LLC, which encompasses the current version of Vidbot as well as any forthcoming iterations, enhancements, advances, bug fixes, updates, and upgrades. You: The term "You" refers to the end user of Vidbot Software, whether an individual or an organization. It may also be expressed as "Your" where appropriate.
2. License and Restrictions
2.1 License
Under the terms and conditions of this Agreement, Vidbot LLC provides You with a restricted, personal, non-exclusive, non-sublicensable, and non-assignable license to utilize the Vidbot software. This license allows for the commercial use of Vidbot generated content and videos. Vidbot Software may offer a free license to access or use a specific product for a limited or unlimited duration, or may require a license fee.
2.2 No Granting of Rights to Third Parties
You are prohibited from selling, assigning, renting, leasing, distributing, exporting, importing, acting as an intermediary or provider, or otherwise transferring any rights to third parties in relation to Vidbot Software, either in part or in its entirety.
2.3 No Modifications
You are not allowed to modify, create derivative works of, translate, reverse engineer, decompile, disassemble, or hack the Vidbot Software or any of its components unless permitted by law. This prohibition applies to any acts undertaken, caused, permitted, or authorized by You.
2.4 Exclusive Ownership
All intellectual property (IP) rights related to Vidbot Software, the Vidbot website, and any Vidbot Promotional Materials are the exclusive property of Vidbot and/or its licensors, and shall remain so. This Agreement does not transfer or vest any IP Rights to You, except for the limited use of the IP Rights specified in the Agreement. You are not permitted to take any action that could jeopardize, limit, or interfere with Vidbot's IP Rights. Unauthorized use of Vidbot's IP Rights is not only a violation of this Agreement but also of intellectual property laws and treaties, including but not limited to copyright and trademark laws.
2.5 No Removal of Notices
You are in agreement that You will not remove, obscure, make illegible, or alter any notices or indications of Vidbot's rights and ownership, including any notices related to IP Rights. This applies regardless of the manner in which such notices are included or displayed.
2.6 Use of Vidbot Software
You are allowed to utilize the Vidbot Software under the following conditions:
- You comply with the Vidbot Terms of Use stated at http://vidbot.ai/terms-of-service.html
- Your use of the Vidbot Software is solely for legitimate purposes, and shall not negatively impact the functionality or performance of the software or any services provided by Vidbot.
- You will not use any internet-based services associated with Vidbot Software in a manner that could harm or impede such services, or interfere with the use and enjoyment of the services by any other party.
- You shall not attempt to gain unauthorized access to any service, account, computer systems, or networks related to the internet-based services linked to Vidbot Software.
- You comply with the End User License Agreement with Footage Firm Inc., the operator of storyblocks.com, as found at https://www.vidbot.ai/footage-firm-eula.html.
3. What to expect from Vidbot Software
3.1 No Warranties
By using Vidbot, you can quickly convert written content into videos. Vidbot provides access to certain images from online accessible image search engines and databases which provide access to images believed to hold a Creative Commons License.
To comply with these creative license terms, Vidbot will attempt to provide attribution details for the chosen image, which you should include in your video description or content post. However, Vidbot cannot guarantee the accuracy of the attribution details provided to us or that the images in the software can legally be used under the Creative Commons License.
Vidbot also cannot guarantee uninterrupted access to or uploading of data, information, or services from third-party providers.
Additionally, Vidbot makes no guarantees or warranties about the effectiveness, reliability, or suitability of third-party services or the performance and reliability of the information provided by the Vidbot software.
3.2 New Versions of Vidbot Software
Vidbot has the discretion to include new features or functions, as well as provide updates, programming fixes, and upgrades to the Vidbot Software (referred to as "updates"). All terms and conditions outlined in this Agreement apply to these updates, unless there are new or additional terms provided with the update. Vidbot may offer upgrades at an additional costs, which can be in the form of a one-time payment or a subscription model.
3.3 Suspension
Vidbot has the right to modify, discontinue, or suspend your ability to use any version of the Vidbot Software at its sole discretion. Vidbot may also disable any Vidbot Software you have accessed or installed without prior notice, for reasons such as repairing, improving, or upgrading the underlying technology, or for other justifiable reasons. These reasons may include, but are not limited to, a change or interruption in service from a third-party provider, a breach of this Agreement or the Terms of Use on your part, the creation of problems or potential legal liabilities, engagement in fraudulent, immoral, or illegal activities, or other similar circumstances.
4. What we expect from You
4.1 Payment
You are responsible for paying all fees or charges to your account according to Vidbot's payment terms. If you opt for a subscription model when purchasing Vidbot's software, you may need to provide a valid credit card to open an account. You are responsible for paying any applicable taxes and ensuring that your nominated credit card has sufficient available credit for scheduled payments to be withdrawn by Vidbot. If you fail to pay on time, or if Vidbot is unable to charge your credit card for any reason, Vidbot reserves the right to suspend or terminate your access to the Vidbot Software, services, and account, and terminate this Agreement. In the event that you have an outstanding balance on your account, you agree that Vidbot may charge such unpaid fees to your credit card.
Furthermore, if your account is cancelled due to non-payment, there is a possibility that you may lose your work previously saved on our servers.
4.2 Copyright
You acknowledge that it is solely your responsibility to ensure that any video created using the Vidbot software does not violate any copyright or other applicable laws. This includes, but is not limited to, any images that are either uploaded directly by you into the Vidbot software or facilitated through the use of the software.
4.3 Representations
By entering into this Agreement, you represent and warrant that you are authorized to do so and that you will comply with its terms. Additionally, you represent and warrant that you will fulfill all of your obligations under this Agreement and the Terms of Use, as well as any applicable laws, regulations, and policies that may apply to your use of the Vidbot Software and/or services.
4.4 Indemnification
You agree to indemnify, defend, and hold Vidbot and its affiliates harmless from any and all liability and costs, including reasonable legal fees incurred by such parties, that arise from or are related to: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced in this Agreement, (b) your violation of any rights of a third party, or (c) your use or misuse of the Vidbot Software.
5. Termination and Updates
5.1 Termination
Either Vidbot or you may terminate this Agreement at any time without prejudice to any other rights. Upon termination, (a) all licenses and rights to the Vidbot Software will immediately end; (b) you must immediately stop using the Vidbot Software and services; and (c) you must remove the Vidbot Software from all hard drives, networks, and other storage media and delete all copies of the Vidbot Software in your possession or under your control.
5.2 New Versions
Vidbot may modify this Agreement at any time by publishing the revised version on the Vidbot website. The revised Agreement will take effect within 30 days of publication, unless you expressly accept the revised Agreement by clicking the accept button before then. If you continue to use the Vidbot Software after the 30-day notice period has expired, you will be deemed to have accepted the terms and conditions of the revised Agreement. You can find the most recent version of this Agreement at http://www.vidbot.ai/eula.html.
6. Disclaimer of Warranties and Limitation of Liability
6.1 No Warranties
The Vidbot Software is provided "as is" without any warranties. Vidbot makes no express, implied, or statutory warranties, claims, or representations regarding the Vidbot Software, including but not limited to warranties or conditions of quality, performance, non-infringement, merchantability, or fitness for a particular purpose. Moreover, Vidbot does not guarantee that the Vidbot Software will always be available, accessible, uninterrupted, timely, secure, accurate, complete, and error-free. Vidbot also does not warrant any connection to or transmission from the internet.
6.2 Use at Your own Risk
You acknowledge and agree that the entirety of the risk associated with your use of the Vidbot Software is solely yours, to the fullest extent permitted by law.
6.3 Limitation of Liability
Vidbot, its affiliates, licensors, staff, directors, or shareholders shall not be liable in any form of liability, including but not limited to contract, warranty, tort (including negligence), product liability, or any other form of liability for:
6.3.1
Any damages, whether direct, indirect, incidental, special, or consequential (including but not limited to any loss or corruption of data, interruption, computer failure, or financial loss), arising from the use or inability to use the Vidbot Software;
6.3.2
Any loss of income, business, or profits (whether direct or indirect) that result from the use or inability to use the Vidbot Software;
6.3.3
You may incur loss or damage as a result of:
- Claims brought by third parties arising from your obtaining or using the Vidbot Software;
- Claims brought by third parties arising from your use of information obtained from or content created with the Vidbot Software;
- Suspension or termination of this Agreement by you or Vidbot for any reason;
- The decision to release or not release new versions of the Vidbot Software to you.
- Vidbot, its affiliates, licensors, staff, directors, or shareholders will not be liable for any such losses or damages, regardless of whether they have been advised of the possibility of such loss or damage.
6.4 Exlcusions and Liability
This Agreement does not aim to limit or exclude Vidbot's liability for (i) death or personal injury caused by the negligence of Vidbot, its staff, or agents, or (ii) any liability that cannot be excluded or limited by law.
6.5 Jurisdiction's Limitations
Some jurisdictions do not permit certain exclusions or limitations through statutory instruments. As a result, liability will be restricted to the greatest extent possible under the applicable legislation. Vidbot's liability for a breach of any implied warranty or condition that cannot be excluded or limited will be restricted to the amount you paid to Vidbot for the Vidbot Software, out of which the liability arose, to the fullest extent permitted by law.
7. Miscellaneous
7.1 Entire Agreement
This Agreement represents the complete and exclusive agreement between you and Vidbot regarding the subject matter and will replace and override all previous understandings and agreements, in any form, related to the subject matter.
7.2 Partial invalidity
Should a court of law find any provision of this Agreement invalid or unenforceable, it will not affect the remaining terms of this Agreement, which will continue to be fully enforceable.
7.3 No waiver
Vidbot's failure to exercise, or delay in exercising, a right, power, or remedy provided by this Agreement or by law does not imply a waiver of that right, power, or remedy. If Vidbot waives a violation of any provision of this Agreement, it will not be deemed a waiver of a subsequent violation of that provision or of any other provision.
7.4 Assignment
Vidbot has the right to assign or transfer all or any of its rights and obligations under this Agreement to a third party. After such assignment or transfer, Vidbot will ensure that the third party agrees to comply with all relevant terms and conditions set forth in this Agreement.
7.5 Applicable Law and Competent Court
This Agreement will be governed by and construed in accordance with the laws of the State of Wyoming, United States, and will be subject to the jurisdiction of the courts of Sheridan, Wyoming, United States.
7.6 Survival
The terms of sections 2.4, 5 and 6 of this Agreement shall survive termination of this Agreement.
BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL AND/OR USE THE VIDBOT SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS, AND CONDITIONS CONTAINED WITHIN IT. YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND GRANT TO VIDBOT ALL THE RIGHTS CONTAINED WITHIN THIS AGREEMENT.