Last updated January 24, 2023
WedFlow, Inc. ("VidFlow," "we," or "us") offers an online video delivery platform through its website located at www.vidflow.co and other online services (collectively, the
"Services"). These Terms of Service ("Terms") cover your use of the Services provided by VidFlow, including without limitation during free trials, on the website and associated domains of www.vidflow.co
and on VidFlow web, mobile, and TV applications.
We’ve tried to make this Agreement fair and easy to understand, but feel free to contact us if you have any questions or suggestions.
In order to use the Services, you must first create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. This includes signing up for any private or public ‘Betas’. We may need to use this information to contact you.
You're solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We’re not liable for any acts or omissions by you in connection with your Account. You must immediately notify us if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Account.
The Services are not intended for and may not be used any individuals under the age of 18. By signing up or using the Services, you represent that you're at least 18 years old.
Users of the Services (whether you or others) may provide us with content, including without limitation text, photos, images, audio, video and any other materials (“User Content"). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in this Agreement.
When you provide User Content via the Services, we optimize the content, which may include images, photos, or videos, by resizing and compressing the media for the purpose of providing a smooth and optimized experience for your clients (collectively, the “End Users). By using the Services, you grant us permission to compress and resize your User Content for the purpose of optimizing the viewing experience. For example, we might compress and resize the images provided for album backgrounds and covers to generate thumbnails and optimized versions to perform better on mobile devices or slow network conditions.
When you deliver a project to your client, they get 10 years of included cloud and download access (with 1 year of source-file hosting). Your clients will be informed via email 6 months prior to the end of their cloud access peroid to extend their cloud access further. If they don't extend their cloud access period further within those last 6 months, their content will be permanently deleted.
The deliverable also comes with 1 year of included source-file hosting. Once the 1 year period is over, the source-files are permanently deleted. They must be downloaded in that first year period. After the 1 year period, transcoded versions are still available for download.
You may not upload, post, or transmit (collectively, "submit") any User Content that:
You represent and warrant that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services and in the manner required by this Agreement. If we use your User Content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Services may be protected by others' intellectual property, trade secret or other rights. Please don't copy, upload, download or share content unless you have the right to do so.
You represent and warrant that your use of the Services is not contrary to law, including without limitation applicable export or import controls and regulations and sanctions.
The Services let you share User Content including without limitation on social media and the open web, so please think carefully about your User Content. We’re not responsible for what you share via the Services.
This policy sets out an acceptable level of conduct relating to the use of our Services, it is designed to ensure that the Services received by the majority of the clients are not negative impacted by potential fraud and abuse of our product. We reserve the right to charge additional fees to users who go above the fair usage amount that is determined to be more than 100 GB of bandwidth per month.
If we conclude, in our discretion, that you have misused the Services, we may take action against your Account. We try to ensure fair outcomes, but in all cases we reserve the right to remove any content or suspend or terminate your Account or Your Albums, without any refund of any amounts paid for the Services, without liability or notice to you, at any time and for any reason (except where prohibited by applicable law). We reserve the right to enforce, or not enforce, this Acceptable Use Policy in our sole discretion.
You can report violations of these guidelines to us directly by emailing us.
The Services are integrated with various third party services and applications (collectively, “Third Party Services”) that may make available to you their content and products. Examples of Third Party Services include our social media platforms, eCommerce Payment Processors, and other integration partners and service providers. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. Your security when using Third Party Services is your responsibility.
The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites and what those third parties do.
The Services are protected by copyright, trademark and other laws. This Agreement doesn't grant you any right, title or interest in the Services, others’ User Content, our trademarks, logos or other brand features or intellectual property or trade secrets or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services or others’ User Content.
We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
We may provide starter projects or other products featuring demo content, including without limitation text, photos, images, graphics, audio and video (“Demo Content”), to provide you with ideas or inspiration. Unless we tell you otherwise, Demo Content (or any portion of it) may not remain on Your Albums or be distributed, publicly displayed, publicly performed or otherwise published.
We may release products and features that we’re still testing and evaluating. Those Services will be marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other Services.
We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your Account; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
Sometimes, ownership of an Account or site is disputed between parties, such as a business and its employee, or a client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account to such owner. Our decision in that respect is final. If we feel that we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice or business license, to help determine the rightful owner.
VidFlow respects intellectual property rights and expects its users to do the same. VidFlow responds expeditiously to claims of copyright infringement committed using the Services. In accordance with applicable law (including the Digital Millennium Copyright Act of 1998), VidFlow will, under appropriate circumstances, terminate the accounts of repeat copyright infringers. We also reserve the right, in our sole discretion, to terminate any account for actual or apparent copyright infringement.
Please email us this notice, with all items completed.
You can access certain portions of the Services by submitting a fee payment (such additional services, “Paid Services”). Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may request a refund for the Paid Services in accordance to our Refund Policy. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, within your eCommerce Payment Processor account(s) and/or on the billing section of your account, unless otherwise indicated.
All fees are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Services when required to do so. If you're exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we’re satisfied its valid and applicable, only apply from and after the date we receive such documentation. If VidFlow has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where VidFlow does not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address or usually reside).
You can request a refund within 14 days of purchasing a credit pack, only if any of the credits pack have not been used. If one or more credits from the pack have been used, no refund will be issued.
We may change our fees at any time. We’ll provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively.
If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer Support before filing a Chargeback. We reserve our right to dispute any Chargeback.
This Agreement will remain in effect until terminated by either you or us. You may terminate this Agreement at any time via the Services. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you're violating these Terms or our Acceptable Use Policy. We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Services. Accounts that are voluntarily terminated will have a 30 day grace period to access their content, assuming the account is not suspended for non-payment. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms.
VidFlow reserves the right to modify the Services. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Services. WedFlow has no obligation to screen or monitor any content and does not guarantee that any content available on the Services complies with this Agreement or is suitable for all users.
VidFlow provides the Services on an "as is" and "as available" basis. You therefore use the Services at your own risk. WedFlow expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, WedFlow makes no representations or warranties:
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Services, and no warranties shall apply after such period.
To the fullest extent permitted by law: (i) VidFlow 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; and (ii) VidFlow total liability to you shall not exceed the greater of twenty dollars ($20) or the amounts paid by you to VidFlow over the twelve (12) months preceding your claim(s).
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States.
You agree that any legal action or proceedings arising out of or in connection with these Terms of Service may be brought exclusively in the federal or state courts located in Delaware, and you hereby consent to the personal jurisdiction and venue of such courts.
To the extent permitted by applicable law, you and VidFlow waive the right to trial by jury in any proceeding or litigation arising out of or relating to these Terms of Service.
If you are accessing our services from outside the United States, you are responsible for compliance with all local laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service.
You will indemnify, defend, and hold harmless VidFlow and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Services; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to VidFlow violates any law or infringes any third party right, including any intellectual property or privacy right.
Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services, with thirty (30) days prior written notice.
We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you should stop using the Services and cancel all Paid Services.
This Agreement constitutes the entire agreement between you and VidFlow regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in this Agreement. You also may be subject to additional terms, policies or agreements that may apply when you use other services, including Third Party Services. This Agreement creates no third party beneficiary rights.