Terms of Use

Effective February 05, 2024 (Last Updated: November 12, 2024)

These Terms of Use are the basic rights and obligations that you and we have when you use our Service, which actually constitutes a binding agreement between you and vidby AG with its registered office at Suurstoffi 18B, 6343 Rotkreuz Switzerland (hereinafter referred to as the "Terms"). Vidby AG (hereinafter referred to as "Company", "we", "us" or "our") offers you access to and use of this website, mobile applications (apps), products, services, programs, software, and other services and tools developed by Company that are offered or may be offered in the future on this website and/or mobile app (collectively referred to as "Service", "Services" or "vidby").

The Terms mean these Terms of Use, the Privacy Policy, and the Ethical Code are published on the Website and constitute an integral part of these Terms. By accessing, downloading, viewing, or performing any other use of the Service, you unconditionally agree to be bound by the terms and conditions of these Terms in pursuance of its observance. If you do not agree or accept all or any of these terms and conditions of these Terms, please do not use this Service. In order to use our Services, you need compatible hardware, software (the latest version is recommended and in some cases required), and Internet access (a fee may be charged by your provider). The quality of Service provided depends on these factors.

This Service and its content and functions are owned, managed, and rendered by the Company and are provided solely for your personal, non-commercial/or commercial use and in accordance with the terms and conditions set forth hereunder.

Definitions

Unless otherwise expressly specified in the Terms, the following terms shall have the following meaning:

"Service", "vidby " – Website, mobile app, services, programs, services, and tools developed by vidby AG offered by Company or may be offered in the future for access or use on this Website and/or mobile app;
"Website" – a set of software, information, and media assets, combined together, designed as separate Web pages and available at the Internet domain name https://vidby.com, development, and administration of which is performed by the Company;
"Mobile application", "Application" – Mobile apps, programs, and software that contain a reference to these Terms and which have been developed by the Company is responsible for their administration, including but not limited to vidby;
"Company" – vidby AG with its registered office at Suurstoffi 18B, 6343 Rotkreuz, Switzerland.
"You" or "User" – an individual who has either reached the age of "majority" or "legal responsibility" where you live or have valid parent or legal guardian consent to be bound by these Terms as herein provided.

General Provisions

This service is provided on the terms specified on the website https://vidby.com and is provided to you by the Company.

Vidby allows you to do automatic translation and dubbing of videos, as well as translation and dubbing of videos by engaging specialists, and can also provide other functions specified on the Service website. The available quality options and their production methods are described on the page https://vidby.com/prices. Prices and the list of services may change and be updated; the current version is on the website https://vidby.com.

These Terms apply to both authorized Users and Users who have not passed the authorization procedure.

By visiting, browsing, downloading, or using vidby in any other way, you confirm that you have read, understood, and agreed to these Terms of Use, Privacy Policy, Ethical Code and other documents placed on this Website and/or in the app and you accept all terms and conditions of these documents, without any exceptions and/or limitations and you will take all legal rights and responsibilities for the above documents (regardless of whether you use vidby on your own behalf or on behalf of a third party).

These Terms shall include this vidby Terms of Use, Privacy Policy, and other documents placed on this Website and/or in the app that may be amended or changed from time to time. Amendments or changes shall enter into force from the date of publication on the Website. You should visit this Website on a regular basis to be informed of such amendments and changes.

You shall abstain from any use of vidby, authorization in vidby, and you should leave vidby if:

you have not reached the age of "majority" or "legal responsibility" according to the law where you live or have not valid parent or legal guardian consent to be bound by these Terms;
you have no right to use the Service under the laws of the country in which you live;
you do not agree with the Term or any other documents placed on this Website and/or in the app that may be amended or changed from time to time.

Terms of Use of the Service

Prior to the first use of vidby, you may be offered to create an account and specify login (User' Service ID) and password, or undergo an authorization procedure by synchronizing the User’s account in social network, e-mail (hereinafter referred to as "authorization"). During authorization, you agree to entitle the Company to use your login, access to contacts, and account settings.

You are fully responsible for all actions taken under your account, including maintaining passwords and other personal data in confidence. You confirm that you will neither transfer your password to third parties nor give access to your account and will not take any other actions that may pose a threat to the security of your account.

By using our Services you also agree that the Company shall not bear liability for damages or losses caused to you as a result of using your account by third parties, regardless of whether you have given permission to do so or not. Furthermore, you shall be responsible for any damages and/or losses caused to the Company or any third party in connection with the use of your account by another person.

You are responsible for any information and/or content created, submitted, published, posted, or transmitted in any other way by you to the Website and/or in the Application as well as for any actions taken by you in relation to the Service.

In the event of lodging claims by third parties regarding infringement of their intellectual property rights by you, the burden of proving its legitimacy shall be laid upon you.

You acknowledge that the information and content on the Service may be placed by other users, and third parties and may be inaccurate, false, offensive, misleading, and may contravene the law; and the Company neither be liable for checking and approving the information and content posted by users or any third parties, nor for any loss or damage associated with it.

In order to ensure compliance with the conditions set forth herein we reserve the right to verify the information and content posted by you on vidby. We may, at our own discretion and at any time without any explanation to you, block, delete, or in any other way cease placing any information, or content by any user or any third parties on vidby. Such measures taken by the Company shall not be construed as recognition by the Company of its liability for breach of any legal rights and interests of third parties or waiver of any of its rights.

Vidby adheres to the latest regulatory standards and may add labels to identify artificially generated content, ensuring transparency and compliance.

You acknowledge and agree that you have all legal rights to the content (intellectual property, namely video and sound files) that you send to us for translation. You are aware that the video and voice files are subject to copyright and property rights, and you have no right to violate these rights and use such content without the explicit and full consent of the legal owner of such intellectual property.

Delegation of Order Management and Data Access

At the client’s request, Vidby allows clients to grant administrator access to their account to facilitate order management. This access is provided under the client’s explicit consent and can be managed by the client independently. Clients maintain full control over adding or removing administrators through their account settings or by contacting Vidby support. This access is limited strictly to actions necessary for order fulfillment, and clients may revoke administrator access at any time in alignment with GDPR principles for data protection, privacy, and user control.

Scope of Administrator Access and Authorized Actions

Vidby administrators, when given access, are authorized solely to perform the following actions required to fulfill client orders:

Order Management: Create, duplicate, edit, and delete orders based on client requests.
Content Handling: Upload or download content necessary for the client’s order.
Notifications: Manage communication and notifications related to the order, ensuring the client receives timely updates and support.

Vidby administrators are restricted from accessing any client information or data unrelated to order fulfillment.

Data Processing and Privacy Compliance

Only the data necessary for processing and completing the client’s order is accessed and managed by Vidby administrators, including:

Client account identifiers (e.g., account ID and order ID);
Order-related content and files (e.g., video/audio files for translation);
Communication records specific to the order (e.g., order notes and status updates).

Client Control and Consent Management

Clients retain control over administrator access permissions, with the ability to add or remove administrators as needed. They may adjust these permissions through account settings or by contacting Vidby support. Revocation of administrator access will take effect promptly, after which Vidby administrators will no longer have access to the client’s account unless reauthorized by the client.

Data Retention and Deletion

Once an order is completed, Vidby retains only the data required by legal obligations and company policy. Clients may request deletion of specific data upon order completion, and such requests will be processed.

Support for Privacy Rights

Vidby provides clients with accessible options to manage their data rights, including:

Right to Access: Clients may request a summary of data processed by administrators.
Right to Rectification: Clients can request corrections to data relevant to their orders.
Right to Erasure (Right to Be Forgotten): Clients can request deletion of data upon order completion, subject to legal retention obligations.
Right to Restrict Processing: Clients can limit certain data processing activities if necessary or revoke administrative access.

By delegating administrative access, clients acknowledge that Vidby administrators may perform actions solely within the defined scope and under the conditions of data processing and privacy outlined above. Vidby ensures that administrative access is used strictly for order management and not for any unrelated purposes, maintaining compliance with GDPR principles.

Voice Cloning Feature - Terms of Use

The video translation, and voice-over service are based on artificial intelligence.

Our voice cloning feature allows you to create custom voice recordings using artificial intelligence technology. Before using this feature, you must agree to the following terms and conditions.

By using the voice cloning feature, you confirm that you have read, understood, and accepted these terms.

Authorized Use

You, the client, represent and warrant that you have the right to use the voice you provide for voice cloning. This includes ensuring that you have obtained all necessary permissions, licenses, and consents from the original voice owner, if applicable.

You agree not to use voices that infringe upon the intellectual property or other rights of any third party.

User-Generated Content

Any voices, text, or other materials you provide for voice cloning are considered User-Generated Content (UGC). You retain all ownership rights to your UGC, but you grant vidby AG a worldwide, royalty-free, non-exclusive license to use, modify, reproduce, distribute, and display your UGC solely for the purpose of providing the voice cloning service to you.

Prohibited Content

You shall not use the voice cloning feature to generate content that is illegal, defamatory, obscene, harmful, discriminatory, or otherwise violates any applicable laws or regulations. vidby AG reserves the right to refuse service or remove any UGC that it deems inappropriate or violates these terms.

Prohibition on Support for Human Rights violation

Vidby condemns acts of Human Rights violation and will not process, support, or fulfill any orders related to such actions. Any content that promotes, endorses, or affiliates with Human Rights violation, including individuals, organizations, or entities connected to these actions, will not be accepted for processing. Vidby reserves the right to refuse service for any content that could be construed as supporting or validating these acts.

Restricted Services and Sanctions Compliance

Vidby complies with internationally recognized sanctions and restrictions, including but not limited to those maintained by the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC). Vidby will not provide services to individuals, organizations, or entities listed on sanctioned lists or operating in jurisdictions subject to comprehensive sanctions.

For more information on these sanctions, please visit:

Vidby reserves the right to refuse service without explanation, particularly where such service may contravene legal, regulatory, or ethical standards.

Data Privacy

We take data privacy seriously. When using the voice cloning feature, you agree to our Privacy Policy, which explains how we collect, process, and store your personal information and UGC. Please review our Privacy Policy for more information.

Disclaimer of Liability

The voice cloning feature is based on advanced artificial intelligence technology, but it may not be perfect or error-free. vidby AG does not guarantee the accuracy, completeness, or quality of the generated voices. You acknowledge that the use of the voice cloning feature is at your own risk, and vidby AG shall not be liable for any direct or indirect damages resulting from its use.

Intellectual Property

Vidby AG retains all rights, titles, and interests in the voice cloning feature, including all intellectual property rights. You shall not reverse engineer, modify, or attempt to extract the source code of the feature or any related technology.

Indemnification

You agree to indemnify and hold vidby AG and its affiliates harmless from any claims, losses, damages, liabilities, and expenses arising out of your use of the voice cloning feature or any violation of these terms.

Changes to the Terms

Vidby AG reserves the right to modify these terms at any time. Changes will be effective upon posting on the vidby.com website. Continued use of the voice cloning feature after such modifications constitutes your acceptance of the updated terms.

Automatic Voice Cloning

You may choose the option to automatically clone your voice on the vidby website. By selecting this option, you confirm that you have the necessary intellectual property rights and provide your consent for vidby to clone your voice.

Vidby reserves the right to review and approve all automatic voice cloning requests before processing them. The Company may refuse automatic voice cloning if it determines that the intended use of the cloned voice:

Violates the intellectual property rights of any third party, including the rights of famous personalities, politicians, public figures, and celebrities.
Is intended for the creation of content that is illegal, defamatory, obscene, harmful, discriminatory, or otherwise violates applicable laws and regulations.
Could potentially cause reputational damage or legal liability for vidby.

Vidby may also require you to provide additional documentation or information to verify your rights and intended use of the cloned voice. The Company reserves the right to disable the automatic voice cloning feature at any time if it determines that the feature is being used in a way that violates these Terms of Use or poses unacceptable risks.

By using the automatic voice cloning feature, you agree to indemnify and hold vidby harmless from any claims, damages, or liabilities arising from the use of the cloned voice, including claims of intellectual property infringement or the creation of inappropriate or illegal content.

Responsibility for Your Use

You confirm that you either reached the age of "majority" or "legal responsibility" where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority or "legal responsibility" where you live or do not understand these Terms, please ask your parent or legal guardian for help before use of the vidby. If you are the parent or legal guardian of a minor that uses the vidby, you accept these Terms on the minor’s behalf and are responsible for all use of the vidby, or Services. You should use our Service only if you are fully able to understand and enter into and comply with these Terms. Our Services are not intended for children under 16: if you are under 16, please wait until you turn 16 to use them.

For use of our Service, you should control and make timely payments for mobile, Internet, and other communication services provided by suppliers of such services (hereinafter referred to as "Communication Services"), as well as to maintain technical operability and serviceability of your computer (mobile) devices and anti-virus software. All and any tariffs and prices for Communication services are established by providers of such Communication services. We will not perform control over or make any payments for any Communication Services.

In addition to the other terms and conditions set forth in these Terms, you shall also:

provide true, accurate, and complete information about yourself, your mobile phone number, or/and email when authorizing and update it in a timely fashion;
use the Service in pursuance of the Terms and applicable laws of the country where you live. It is your responsibility for the right to use the Service in the country where you live;
not to use the Service individually or through a third party for purposes that may be qualified as a violation of intellectual property rights, unfair competition, and other violations of the law;
not to be involved in illegal or criminal activities, including but not limited to, the use of fake identity, deliberate placement on the Website or Application of the information, content aimed at discrediting or humiliating honor and dignity of third parties; misleading; violating the intellectual property rights of third parties; violate the rights of privacy of third parties; place pornography, calls for violence, aggression, war, and any other information being restricted or prohibited;
not to violate copyrights, trademarks for goods and services, patents, databases, and/or other intellectual property rights owned or used by the Company or third parties;
not to use personal data, or private information of third parties without their prior consent;
not to place on the Website/Application advertisements, promotional materials, commercial and service offers, or requests to transfer money, except in cases where we have previously given our written consent for such placement;
not to perform actions that may affect the proper operation of vidby or are interpreted as unfair use;
not to spread viruses, Trojans, and other malicious programs;
not to threaten, intimidate, or harass other users;
not to illegally collect and process personal data of other persons;
individually and at your own expense settle all claims of third parties related to your activities in connection to the use of

Availability and Termination of the Service

We reserve the right at any time and for any reason to modify or discontinue, temporarily or permanently, the work of all or any part of the Service and/or any software, facilities, and services provided within this Service with or without notice and/or establish general principles and restrictions with regard to their use. The Service and its operation may be suspended temporarily or permanently due to circumstances beyond our control, such as natural disasters and other circumstances of insuperable force.

In the event of your breach of any provisions of these Terms, we reserve the right at any time at our own discretion to terminate or block your account, stop spreading by you of any information or content by blocking or removing them, and with no explanations neither to you nor to any third party. In some cases, for the purpose of identification or confirmation of your breach of these Terms, we reserve the right to access all information, and content placed by you while using the Service and by accepting these Terms you acknowledge and agree that we may conduct such review.

Third-Party Services

Website and Application may contain links to Websites, apps, and any information and/or content of third parties. Placing such links shall not mean that we approve them. We are not responsible for Websites, apps, any information and/or content placed under such links, as well as for any negative consequences in this regard, and you shall waive any claim to us related to such links. By using information or content of third parties, you agree to be familiarized with the terms of use, privacy policy and other documents of third parties. You bear all risks and liability arising from your use of these links, including but not limited to, browsing, viewing, accessing, downloading, and any use of the third-party information, content, third-party websites, applications links to which may be specified while using the Service.

Disclaimer of Warranties and Limitation of Liability

Vidby (including the information obtained through it) is provided by us under the terms of "AS IT IS" without any warranty of any kind, including but not limited to, warranties with regard to legality of property rights, non-infringement upon intellectual property rights, absence of computer viruses. We do not guarantee compliance of vidby (including information obtained through it, its accuracy, reliability, and the content itself) to your expectations, uninterrupted and failure-free operation of the Service as well as the accuracy of information obtained through vidby. We do not guarantee the absence of technical errors and/or failures, including proper operation of vidby-related software. We do not also guarantee storage or further data and/or content display placed by you. We will not assume any obligation regarding storage, maintenance or provision of any information, content, or other your data except those specified in the Privacy Policy.

We shall neither be responsible nor reimburse for expenses, and losses (direct or indirect) incurred by you due to the use of vidby as well as due to use or inability to use the information and content obtained through vidby.

In the instance where you are not satisfied with the terms and/or quality of vidby and/or the Services, you must stop using vidby and/or Services.

You are solely responsible before third parties for your activities while using the Service, including but not limited to, writing messages, and downloading images to vidby, if you violate the rights or legitimate interests of third parties.

We are not responsible for any information provided by you including incomplete, inaccurate, false, misleading as well as illegally seized information.

We are not liable for any expenses, losses (direct, indirect, incidental), and lost profits due to malfunction in the work of vidby and/or Services and/or due to the use or inability to use vidby and/or Services.

You agree to hold the Company, its subsidiaries and affiliates, and their founders, directors, officers, employees, partners, and members harmless against any disputes and disagreements, complaints, or claims (hereinafter referred to as "claims") and undertake to reimburse such persons any loss, damage, expense (including fees and expenses for legal and/or lawyer services) that have arisen or may arise in respect of: (i) your use of vidby or any other our Services or products; (ii) violation by you of any provision of these Terms or Privacy Policy or the terms of the documents they refer to; (iii) our use of your personal data and/or content; (iv) violation by you of any law or rights of any third parties, including rights or interests of other service providers.

Liability

In the event of failure or improper use of their obligations under these Terms, both you and the Company shall bear liability under these Terms and applicable law.

The Parties shall not be liable for partial or complete failure to fulfill their obligations under these Terms if it is caused by circumstances of insuperable force ("force majeure") that the Parties could not foresee or prevent by all reasonable actions. The terms of fulfillment of obligations in these cases shall continue for the duration of such circumstances.

If you fail to fulfill your obligations under these Terms, we, at our own discretion, shall have the right to take measures aimed at the prevention of such violation. We are entitled to block access, fully or partially, to vidby until you stop or eliminate such violations or possible occurrences of violations.

Intellectual Property Rights

Vidby, all and any of its components (including analytical, technical, graphical and other documentation, marks for goods and services, logos, slogans, leaflets and other promotional materials of the Company published in vidby) (hereinafter referred to as "Intellectual Property") are owned by the Company and protected by the law in the field of protection of intellectual property rights. All rights are reserved.

The Company reserves the exclusive right for vidby ownership, use, and disposition (all intellectual property rights) (including the style of vidby, and user reviews), and the User or any other person shall have no right to reproduce, copy, redistribute, analyze screen data, create links to, post or otherwise use vidby in any way for any commercial purpose, including use of the trademark or logo, without the written consent of vidby. Any unauthorized use or any of the above actions shall be deemed a material breach of the Company’s intellectual property rights (including copyright). However, any content, including text, audio, or video, that you upload, translate, or create using the vidby service remains your intellectual property. Vidby does not claim any ownership rights to the translated content you create using our service. You are free to use the translated content according to the laws of the countries where you use it and within the rights you hold for this content. Vidby is not responsible for the actions users take with the content and does not control the use of the translated content. Responsibility for content usage lies entirely with the user who placed the order and received the content. You are fully responsible for ensuring that your use of the translated content complies with all applicable laws and respects third-party rights.

Unless otherwise provided in these Terms and/or the Company’s written consent, you shall not take actions violating the Company’s intellectual property rights, including but not limited to, sale, import, export, licensing, leasing, introducing changes, distribution, copying, reproduction, transmitting, public demonstration, public performance, publication, adaptation, editing, or creating derivative works from materials, design elements, or content of Vidby. Use of content, materials, and other items that are the Company’s intellectual property for any purpose not expressly specified in these Terms is prohibited.

By using our Service you guarantee us that you are the owner or hold all necessary rights, licenses, written consent, and approvals of third parties to use and grant us the right to use all intellectual property rights with regard to all information, content posted, uploaded or in any other way transferred within the Service or with its help under these Terms.

By posting, uploading, or transmitting any information or content within the Service (except for the User's data as defined by the Privacy Policy), you grant us a nonexclusive, royalty-free, perpetual, assignable, worldwide license to edit, change, incorporate, combine, customize, record, reproduce, and distribute; Publish and use in advertising, or otherwise disseminate to showcase our services, unless otherwise agreed by the parties; Handle and use the content solely for the purpose of processing and fulfilling your order and demonstrating Vidby's translation capabilities.

By accepting these Terms, you receive from us an individual, royalty-free, nonexclusive, limited, revocable, non-transferable license to use Vidby, including but not limited to installing the app on a personal mobile phone and/or other device. This license allows you to use the Service for processing and managing content as needed, in accordance with these Terms.

Notwithstanding the above, you are prohibited from deciphering, decompiling, cracking, developing, or examining the technical processes of any part of the Service; interfering with the Service's technological protection measures; delegating access rights to the Service; or publishing, copying, transferring, leasing, selling, exporting, importing, distributing, or otherwise alienating any part of the Service.

Any information or content posted by third parties within the Service or used by it shall remain the property of those third parties. The Company does not grant you or any other person any rights or licenses to the intellectual property rights of those third parties.

You are not entitled to any other license or rights except as expressly specified in these Terms.

Applicable Law and Settlement of Disputes

To the extent permitted by law, these Terms shall be governed by, construed, and enforced in accordance with the laws of Switzerland, without reference to its conflicts of law provision.

All claims, litigations, and disputes that may arise between you and the Company in the performance of these Terms shall be resolved by the Parties through negotiations. For the purposes of dispute settlement between you and the Company, an effective and binding means of communication with the authorized representative of the Company shall be correspondence through the following e-mail: support@vidby.com.

Should the parties fail to come to an agreement with respect to dispute settlement within 30 (thirty) calendar days from the start of negotiations, the dispute shall be submitted to the competent court pursuant to the laws of Switzerland. You agree that you may file a claim to the Company only on an individual basis and not as a plaintiff, legal representative, pleader, etc., each of your requirements can not be combined with other requirements and shall be considered on an individual basis.

Refund Policy

By using Vidby, you acknowledge and agree to the terms of our refund policy.

General Conditions:
- Refunds will only be issued as a credit to your Vidby Account Balance and may take up to 10 business days to process from the date the refund request is approved.
Refund Amounts by Service Type:
- For services under $5: No refunds will be issued due to processing costs.
- Subscription Services: A 100% refund is available within three business days from the start of the subscription. Refund requests submitted after three days are eligible for a 50% refund if made within seven business days; no refunds will be provided after this period. This policy excludes corporate subscriptions through Enterprise packages on Microsoft/Google Marketplace, as those refunds are subject to marketplace policies.
- Service-Specific Refund Rates:
  - Full AI and Manual Services: 75% refund available.
  - Hybrid Services: 50% refund available.
  - Professional Services: 30% refund available.
  - Actors Services: No refunds available.
  - Subtitles without Human Involvement (generation and translation): 75% refund available.
  - Subtitles with Human Involvement: 50% refund available.
  - Document Translation Services: No refunds available.
Procedure for Refund Requests:
- Refund requests must be directed to the Head of Customer Success at Vidby via support@vidby.com. Any requests made outside the specified conditions or timeframes will not be processed.
Exclusions:
- Refunds may be issued only under these conditions unless otherwise agreed in writing between the parties.

Vidby Demo Orders Policy

Vidby offers demo options to assist clients in evaluating our video translation and dubbing services. These options are tailored to meet varying needs and include specific terms regarding marketing usage, watermarks, and service limitations.

Demo Options

Free Demo (Watermarked):

Provides a preview of service quality at no cost. A visible watermark will be applied to all free demos.

Free Demo with Marketing Consent:

Offered at no cost, provided that the client consents to Vidby’s use of the demo for marketing purposes. By selecting and confirming the “Demo with Marketing Consent” option, clients agree to the following terms:

Permission for Use:

The client grants Vidby the right to use the resulting demo video (hereafter referred to as "Demo") for promotional purposes. This permission includes but is not limited to Vidby’s marketing materials, advertisements, website, social media platforms, and presentations at events.

Use of Demo Results:

Vidby may display and distribute the Demo in various marketing and promotional forms, including online advertising, social media, and event presentations, at its discretion.

No Compensation:

The client acknowledges that consenting to Vidby’s use of the Demo does not entitle them to any financial compensation or remuneration.

Client Responsibility:

The client confirms that the Demo does not contain confidential or sensitive information. Vidby bears no responsibility for consequences if the Demo contains information the client later considers confidential.

Paid Demo (No Watermark):

A paid option available without watermarks, offering a demo similar to a full production order. Production begins once payment is confirmed.

Demo Duration Limits

Duration: Free demos are limited to up to 5 minutes of video content to ensure efficient processing and maintain high-quality standards.

Effect, Termination, and Modification of the Terms

These Terms shall remain in effect until terminated by one of the Parties. You may terminate these Terms at any time by ceasing the use of the Service. You shall be deemed to have ceased to use the Service if you have not used the Service or visited the Website or Application more than 90 (ninety) days in a row. The Company reserves the right to send you information or promotional letters upon termination of these Terms; unless you expressly declare that you do not want to receive mailings from the Company.

The Company is entitled to terminate these Terms at any time by sending you a message.

The Company shall have the right to incorporate changes or amendments to these Terms at any time without any special message by placing a revised version of the Terms on the Website. The revised version of the Terms shall enter into force from the date of its placing on the Website, unless otherwise stipulated by the revised version of the Terms.

Any changes incorporated into these Terms shall remain in effect upon availability of the express consent of vidby.

In the event the User does not accept the revised version of the Terms, the User must stop using vidby as well as attend, view, download, or use vidby in any other way.

The absence of objections from the User expressed in the form of cessation of use of vidby shall be deemed as consent with the revised version of the Terms. Notwithstanding the possibility of ceasing the use of vidby upon termination of these Terms, the User shall still be liable for obligations taken by the User under these Terms or that have been applied to him/her before termination of these Terms.

The following provisions of the Terms shall be in force upon termination: “Intellectual Property Rights,” “Disclaimer of Warranties and Limitation of Liability,” and “Liability.”

Final Provisions

Communication.
The Parties have agreed that during the execution of these Terms, the information shall be transmitted via email support@vidby.com.

Notifications.
The User agrees that the Company may send notifications to the User in the following manner: (i) by sending a banner message (advertisement) relating to the Service and other services of vidby, or (ii) by e-mail sent to the address provided by the User, or (iii) by any means, including mobile number, telephone or mail. The User agrees to provide his/her valid contact information.

Severability.
Should any provision of these Terms be considered invalid, illegal, or impossible to be fulfilled in any respect and if it has no detrimental effect on the interests of the Parties, then: (a) such provisions shall not be deemed valid by the Parties and shall not be constituent part of these Terms, and (b) all other provisions of these Terms shall remain in full force and effect. To the extent permitted by the applicable law, the Parties shall waive the provisions of the law subject to which any provision of these Terms is invalid, illegal, or impossible to be fulfilled.

Should any part of the Service require payment in the future, the User shall be obliged to comply with the additional conditions set out separately for that part of the Service, which shall prevail in the event of conflict with these Terms.

The Service shall not be distributed or used in countries where distribution or use of the Service may violate local laws or create grounds for applying any legal norms of such countries.

The company shall reserve the right to limit rendering of the Service in any country.

These Terms have been drawn up in English. Should any translation of these Terms into another language conflict with its version in English, the English version shall have priority over any other version.

The User shall not delegate his/her rights, right to claim and obligations under these Terms without prior written consent of the Company.

The Company shall have the right, at its own discretion, to delegate, assign, or otherwise alienate its rights and obligations under these Terms to other persons without the prior written consent of the User.

These Terms shall not grant any rights to third parties, except as otherwise expressly provided in these Terms.

Contacts
vidby AG
Suurstoffi 18B
6343 Rotkreuz
Switzerland