Effective September 19, 2021
By accessing, downloading, viewing or performing any other use of the Service, you unconditionally agree to be bound by 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.
Services we provide are as follows: vidby. In order to use our Services, you need compatible hardware, software (latest version is recommended and in some cases required) and Internet access (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 Company and are provided solely for your personal, non-commercial use and in accordance with the terms and conditions set forth hereunder.
Unless otherwise expressly specified in the Terms, the following terms shall have the following meaning:
1.1. "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;
1.2. "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 Company;
1.3. "Mobile application", "Application" – Mobile apps, programs, software that contain a reference to these Terms and which have been developed by Company being responsible for their administration, including but not limited to vidby;
1.4. "Company" – vidby AG with its registered office at: Suurstoffi 8, 6343 Rotkreuz, Switzerland.
1.5. "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.
2. General Provisions
2.1. This service is provided on the terms specified on the website https://vidby.com and is provided to you by the Company.
2.2. vidby allows you to do automatic translation and dubbing of videos, as well as translation and dubbing of videos by connecting people as specialists, and can also provide other functions specified on the Service website.
2.3. These Terms apply to both authorized Users and Users who have not passed the authorization procedure.
2.6. You shall abstain from any use of vidby, authorization in vidby, and you should leave vidby if:
(i) 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;
(ii) you have no right to use the Service under the laws of the country in which you live;
(iii) 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.
3. Terms of the use of the Service
3.1. Prior to first use of vidby, you may be offered to create an account and specify login (User’s Service ID) and password, or undergo authorization procedure by synchronizing User’s account in social network, e-mail (hereinafter referred to as “authorization”). During authorization, you agree to entitle Company to use your login, access to contacts and account settings.
3.2. You are fully responsible for all actions taken under your account, including maintaining in confidence passwords and other personal data. 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.
3.3. 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 Company or any third party in connection with the use of your account by another person.
3.4. You shall be 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.
3.5. 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.
3.6. You acknowledge that the information and content on the Service may be placed by other users, 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.
3.7. 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, 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.
3.8. You acknowledge and agree that you have all legal rights to the content (intellectual property, and namely video and sound files), which you send to us for translation. You are aware of who the video and voice file 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.
4. Responsibility for Your Use
4.1. 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.
4.2. 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.
4.3. In addition to the other terms and conditions set forth in these Terms, you shall also:
(i) provide true, accurate and complete information about yourself, your mobile phone number or/and email when authorizing and update it in a timely fashion;
(ii) 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;
(iii) not to use the Service individually or through a third party for purposes which may be qualified as a violation of intellectual property rights, unfair competition and other violation of the law;
(iv) not to be involved in illegal or criminal activities, including but not limited to, use of fake identity, deliberate placement on the Website or Application the information, content aimed at discrediting or humiliating honour and dignity of third parties; mislead; violate 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;
(v) not to violate copyrights, trademarks for goods and services, patents, databases, and/or other intellectual property rights owned or used by Company or third parties;
(vi) not to use personal data, private information of third parties without their prior consent;
(vii) not to place on the Website/Application advertisements, promotional materials, commercial and service offers or requests to transfer money, except cases where we have previously gave our written consent for such placement;
(viii) not to perform actions that may affect proper operation of vidby or are interpreted as unfair use;
(ix) not to spread viruses, Trojans and other malicious programs;
(x) not to threaten, intimidate or harass other users;
(xi) not to illegally collect and process personal data of other persons;
(xii) individually and at your own expense settle all claims of third parties related to your activities in connection to the use of vidby.
5. Availability and Termination of the Service
5.1. 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.
5.2. 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, content placed by you while using the Service and by accepting these Terms you acknowledge and agree that we may conduct such review.
6. Third Party Services
7. Disclaimer of Warranties and Limitation of Liability
7.2. We shall neither be responsible nor reimburse for expenses, losses (direct or indirect) incurred by you due to use of vidby as well as due to use or inability to use the information and content obtained through vidby.
7.3. 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.
7.4. You are solely responsible before third parties for your activities while using the Service, including but not limited to, writing messages, downloading images to vidby , if you violate the rights or legitimate interests of third parties.
7.5. We are not responsible for any information provided by you including incomplete, inaccurate, false, misleading as well as illegally seized information.
7.6. We are not liable for any expenses, losses (direct, indirect, incidental) and lost profits due to malfunction in work of vidby and/or Services and/or due to the use or inability to use vidby and/or Services.
8.1. 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.
8.2. The Parties shall not be liable for partial or complete failure to fulfil their obligations under these Terms if it is caused by circumstances of insuperable force (“force majeure”), which the Parties could not foresee or prevent by all reasonable actions. Terms of fulfilment of obligations in these cases shall continue for the duration of such circumstances.
8.3. If you fail to fulfil your obligations under these Terms, we, at our own discretion, shall have the right to take measures aimed at prevention of such violation. We are entitled to block access, fully or partially, to vidby until you stop or eliminate such violations or possible occurrence of violations.
9. Intellectual Property Rights
9.1. 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.
9.2. The Company reserves exclusive right for vidby ownership, use and disposition (all intellectual property rights) (including: style of vidby, users’ reviews and content translated), and the User or any other person shall have no right to reproduce, copy, redistribute, analyse screen data, create links to vidby, make posts or use vidby in any other way for commercial purposes (including any translations made by vidby and Users’ reviews) including use of brand or logo without written consent of vidby. Any unauthorized use or any of the above actions shall be deemed material breach of Company’s intellectual property rights (including copyright).
9.3. Unless otherwise provided in these Terms and/or Company’s written consent, you shall not to take actions violating 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 being Company’s intellectual property for any purpose not expressly specified in these Terms is prohibited.
9.4. 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.
9.6. 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 personal mobile phone and/or other device and use of it for personal, non-commercial purposes. Notwithstanding the above said, you are prohibited to decipher, decompile, crack, develop, examine technical process of any part of the Service or take such actions; interfere in technological protection of the Service; delegate access rights to the Service; publish, copy, transfer to the possession, use or disposal to third persons, including but not limited to, lease out, sell, export, import, distribute or otherwise alienate any part of the Service or the whole Service.
9.7. Any information, content posted by third parties within the Service or with its help shall be the property of third parties. The Company does not provide to you or any other persons with any rights and licenses for intellectual property rights of such third parties.
9.8. You are not entitled to any other license or rights except as expressly specified in these Terms.
10. Applicable Law and Settlement of Disputes
10.1. To the extent permitted by law, these Terms shall be governed by, construed and enforced in accordance with the laws of Switzerland, with no reference to its conflicts of law provision.
10.2. All claims, litigations, disputes that may arise between you and the Company in the process of the performance of these Terms shall be resolved by the Parties through negotiations. For the purposes of disputes settlement between you and the Company an effective and binding mean of communication with the authorized representative of Company shall be correspondence through the following e-mail: firstname.lastname@example.org .
10.3. 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 Swirzwrland. You agree that you may file a claim to the Company only on individual basis and not as plaintiff, legal representative or pleader etc., each your requirements can not be combined with other requirements and shall be considered on an individual basis.
11. Effect, Termination and Modification of the Terms
11.1. These Terms shall remain in effect until terminated by one of the Parties.
11.2. You may terminate these Terms at any time by ceasing the use of Service. You shall be deemed to have ceased to use Service if you have not used the Service or visited 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.
11.3. The Company is entitled to terminate these Terms at any time by sending you a message.
11.4. 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.
11.5. Any changes incorporated into these Terms shall remain in effect upon availability of the express consent of vidby.
11.6. In the event the User does not accept revised version of the Terms, the User must stop using vidby as well as attend, view, download or use vidby in any other way.
11.7. The absence of objections from the User expressed in the form of cessation of use of vidby shall be deemed as the 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.
11.8. The following provisions of the Terms shall be in force upon termination of these Terms: “Intellectual Property Rights”, “Disclaimer of Warranties and Limitation of Liability”, “Liability”.
12. Final provisions
12.1. Communication. The Parties have agreed that during the execution of these Terms the information shall be transmitted via email.
12.2. Notifications. The User agrees that Company may send notifications to the User in the following manner: (i) by sending 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.
12.3. 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.
12.4. 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 in respect of that part of the Service, which shall prevail in the event of conflict with these Terms.
12.5. The Service shall not be be distributed or used in those countries where distribution or use of the Service may violate local laws or create grounds for applying any of legal norms of such countries. Company shall reserve the right to limit rendering the Service in any country.
12.6. These Terms has been drawn up in the English language. Should any translation of these Terms into another language be in conflict with its version in the English language, its version in the English language shall have priority over any other version.
12.7. The User shall not delegate his/her rights, right to claim and obligations under these Terms without prior written consent of the Company.
12.8. 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 prior written consent of the User.
12.9. These Terms shall not grant any rights to third parties, except as otherwise expressly provided in these Terms.