Terms of Use
Effectiveness date: September 2022
General
The present Terms and Conditions explain the conditions and rules that govern the download and use of the application: Video Up! (hereinafter, “the app”), which is owned and operated by MAETCH EXPANSION, S.L., a private company holding TAX ID number B04963823, and its registered office at Travessera de Gràcia 56, 3º, 1ª, 08006 Barcelona and contact email: info@video-up.app (hereinafter, “the/our Company”), “we”, “us”, “our”). The app is not affiliated with any other platforms or third parties.
The download and/or use of the app attributes the status of User to the person accessing the app and implies full acceptance of the present Terms and Conditions (hereinafter “the User”, “you”, “your”). Therefore, if you do not agree with these Terms and Conditions, please do not carry out any of the aforementioned actions.
The Company reserves the right to update these Terms and Conditions, in accordance with new legislative and/or jurisprudential requirements and/or business needs or interests, at any time and without prior notice to the User. Therefore, we recommend the User periodically reviews the applicable Terms and Conditions. The Company reserves the right to suspend and block or eliminate the access of a User to the app in the event that he/she breaches any part of these Terms and Conditions. The nullity, total or partial, of any of the provisions of these Terms and Conditions by any judicial decision, will not affect the validity of the other provisions.
For any doubt or question related to these Terms and Conditions, please contact us by email: info@video-up.app.
About the app’s functionalities
Video Up! offers an easy-to-use application which helps users to edit and manage their personal videos giving them a professional and personalized appearance. Users can, among other features, apply filters, adjust background colors and video orientation, add text, change video speed, and adjust exposure, contrast and saturation, and sharpen the quality to achieve optimal resolution, all from their electronic devices. Moreover, Video Up! allows you to choose from a huge variety of music and sound effects, even trim or mix multiple song clips. Once you have created your work, export it in your device and/or share it on your various social networks. Please note that the Company reserves the right to update features and/or functionalities of the app at any time. Please refer to the “Updates” section of these Terms and Conditions.
Access and Use of the App
The app is available for IOS operating systems and devices. The User can download and/or use the app, provided that the User is 14 years of age or older, and/or the User is an adult according to the laws and regulations of his/her country of birth or residence. The download and/or access to the app is free of charge, but to use certain functionalities, which are premium services, the User must choose and pay according to one of the options offered. Please refer to the “Subscription to Premium Services and payment” section of these Terms and Conditions. In the application itself, and at all times, the User will be informed about which functionalities are free and which are paid for. Once the User has paid for the subscription to a premium service, the User will automatically be conferred with the status of Customer (hereinafter, the “customer/s”). Such status implies full acceptance of the present Terms and Conditions and, in particular, abides with the costs of our Service option or subscription premium service. For further information, check our “Costs'' section. We do our best so that the app is available at all times for the User and to maintain a safe and error-free environment. However, we cannot guarantee that the app will be maintained without interruptions, delays, errors or omissions for external reasons beyond our reasonable control. We do not specify that the app will be available worldwide. We may limit the availability of the app and/or of specific features or functionalities to Users from certain geographic locations at any time. Access to the app from an unauthorized location is entirely at the User’s own risk and responsibility.
Data Protection
The personal data collected for the provision of the services offered through this app, as well as those obtained from your interaction with the app will be processed in accordance with our Privacy Policy. Likewise, the User is informed that the appropriate technical and organizational measures have been adopted by the Company in order to guarantee the confidentiality, integrity, availability, and security of the personal data that is processed.
Updates
The Company may add, modify or eliminate features and/or functionalities at any time, which are accepted by the User when installing the app. In any case, when making such changes, the User will be notified through the same app. If a new version of the app is launched or if new features and/or functionalities are added, we may ask you to update the app on your electronic device. Likewise, we may show the User (and invite them to read) a new updated version of these Terms and Conditions before using the new version of the app. By using the new version of the app, the User clearly states he/she has read, understood and accepted the new Terms and Conditions shown.
User Commitments (Code of conduct)
By using the app, the User agrees to (including but not limited to):
Not to impersonate another individual on behalf of a third person (unless you have their express written permission);
Not to use the information in the app to carry out illegal, deceptive or fraudulent activities, or for illegal or unauthorized purposes;
Not to take any action that interferes or prevents the proper functioning and/or that may affect the availability, security and/or integrity of the app;
Not to insert and/or execute expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of the app, especially its source code. Likewise, the User agrees to not reverse engineer the software to discover the app’s source code and/or to scrape or extract technical data from our app;
Not to use the app’s music, nor the third parties' music directly uploaded to the app for commercial purposes.
Not to transfer the license granted to download, access and use the app and/or any of his/her rights or obligations under these Terms and Conditions without the express written consent of the Company.
Not to breach the Company’s intellectual property rights, this includes but is not limited to, using, modifying, creating derivative works of, transferring (by sale, resale, license, sublicense, download or otherwise), reproducing, distributing, displaying or disclosing any of the contents of this website, without prior written authorisation from the Company.
Not to infringe on the intellectual property or other rights (trademarks, trade secrets, etc) of the Company or third parties.
To comply at all times with Shutterstock terms of use, which the user can consult at all times by visiting the following link: https://www.shutterstock.com/terms.
In particular, regarding music, Users commit not to use music:
Except solely as incorporated into the products created and distributed using the app or otherwise download any music in its original, unaltered form outside the app.
Together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any third party’s trademark or intellectual property rights.
Portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) as endorsing a political party, candidate, elected official, or opinion; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
As a trademark, service mark, or logo.
As a musical theme in connection with any products created and distributed using the app.
In an audio-only capacity in which music is the primary content with any products created and distributed using the App.
In an international television advertising campaign by or on behalf of an entity with annual revenues of more than One Billion Dollars ($1,000,000,000).
Remixed or otherwise altered, except that Users may engage in basic editing (e.g., setting start/stop points, determining fade-in/fade-out points, etc.).
In a downloadable form available through the internet or otherwise including making it available via FTP, IRC, peer-to-peer file sharing services or the like. e. Under no circumstances, shall Users download or otherwise access the raw music data files outside of the app.
The Company makes no warranties regarding the User behavior and will not be held responsible in this regard. The User is individually and solely responsible for his/her actions, before the Company and/or third parties, for damages caused by the inappropriate behavior. The Company reserves the right to block or eliminate access to the app to Users for the aforementioned actions as well as any other that are contrary to good faith or that harm the rights of third parties and/or that infringe the laws and regulations applicable to the app and/or the Company. Moreover, the Company, in its sole discretion, may eliminate access to the app for a User at any time without stating the reasons behind its decision.
Subscription to Premium Services and Payment
As said, Users can use the app without being charged with a fee nor implying any cost. However, Users have the option to use paid features and/or functionalities that the app offers, which are known as “premium services”. If the users decide to use them, a pop-up will be displayed showing them a breakdown concerning the payment details of the chosen subscription plan, before accessing to the checkout payment page and before confirming said payment. Please note that, the above-mentioned pop up may appear as well on a few several occasions more, as when the User accesses the app for the first time, or when he/she clicks the pro banner placed in different sections of the app, or when trying to export his/her content, which has been created by means of payable features. Having said that, the fee for the chosen subscription plan will be charged to the debit/credit card associated with their Apple user account. Please be informed that if the User changes their settings in his/her Apple account, the notified fees may vary depending on the country selected. Each country has its own fees. In any case, a confirmation email will be sent to Customers with their payment details Additionally, Customers can check the cost in their invoice. In addition, the three subscription plans can be invoiced: weekly, monthly or yearly, depending on the User’s free choice. Note that some subscription plans will have an initial trial fee, and this information will be displayed to the User before proceeding the purchase of a subscription plan. In this sense, if the user does not cancel the subscription plan before the initial trial period elapses, they will automatically be charged for the Services offered.
Moreover, note that the Company also reserves the right to, without previous notice to users and/or customers, vary the costs of the subscription plans and their corresponding initial trial fees and periods, at any time according to business goals, strategy and interests. The premium service selected by the User will be automatically renewed at the end of the service period if the User does not cancel it (to avoid the charges, the User must cancel at least 24 hours before the end date of the current service period). The renewal will be for the same fixed-term period. Please note that, depending on your operating system, uninstalling the application without previously canceling the subscription might not imply the cancellation of the subscription chosen. Please refer to the “Cancellation and Refund Policy” section of these Terms and Conditions. The premium services fees may be updated from time to time and they will be effective immediately at the same time that they are published on the app. The updated fees are not retroactive and therefore will not affect Customers who have already paid for a plan before the update.
Refund Policy
Refund requests will be exclusively handled by Apple in accordance with its own rules and regulations. In the event that Apple does not approve the refund request made by the user, he/she acknowledges that the service offered by our Company is final and non-refundable. Therefore, no refund will be made by our Company for discontinuation of the use of the service to which the user had subscribed to. On one hand, uninstalling the app, in general terms, does not automatically stop the premium service selected. To cancel a subscription, the User should directly visit the App Store or IOS Phone or tablet and select the "Subscriptions" section from the menu, click on the "Cancel Subscription" button and follow the on-screen instructions. On the other hand, if the User desires to stop the premium services option selected and, where appropriate, makes a refund request, you shall contact Apple support for it. Please note that it's Apple’s sole responsibility to manage the User’s refund requests, as they are the only ones in charge to approve them or deny them and to handle them support within the process. Moreover, they will be the ones who will establish the period of time in which the User will receive, if approved, the refund according to their own policies, so that the Company cannot assume any responsibility in this regard. For further information regarding a refund request to Apple check the following link: https://support.apple.com/en-us/HT204084.
Technical Means for Correcting Errors
If users and/or customers detect an error, or if their personal data or any information provided by them is not exact, correct or completed, they must amend it by accessing their Apple user account directly. Likewise, if customers detect an error in the charges made by the Merchant of Records on their bank statement for the costs of the Services options or premium service chosen, they also must directly contact Apple.
Intellectual Property Rights
All the elements contained within this app, whether it be texts, articles, descriptions, images, graphics, sounds, videos, brands, logos, interactive features or any other element, its structure and design, the selection and presentation of the content and elements included therein, and the software necessary for its operation, access and utilization are the property of the Company or the partners of the Company with whom we have submitted the corresponding licenses. All the elements of the present app are protected by industrial and intellectual property rights that must be respected by the User. This is made explicit via the copyright notice in the app’s website homepage. The download and/or use of the app does not under any circumstance transfer the Company’s intellectual property rights to the User. The User is only granted access with a worldwide, limited, nonexclusive, non assignable, non-sublicensable, revocable license to access and use the app for his/her personal use. However, such a license does not give the User the right to:
Reproduce, copy, distribute, publicly communicate or display, transform or, in general, make use of any of the protected elements of this app for commercial purposes or not, without the Company’s prior written consent. Any of the aforementioned actions are expressly and totally forbidden and will cause the termination of the license granted to the User.
Use of the features and functionalities offered by the app for other purposes other than those set out in these Terms and Conditions.
Insert and/or execute expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of this app, especially its source code.
Moreover, note that the Company reserves all intellectual property rights that are not expressly indicated in these Terms and Conditions and that correspond to us in accordance with the currently applicable laws and regulations. The Company reserves the right to take any and all necessary legal actions, including compensation for direct and indirect damages, at our disposal that will be considered appropriate for the best defense of our legitimate rights and interests, in the event of an infringement of our intellectual property rights. Please note that the Company also has obtained Creative Commons Zero (CC0) licenses that allow users that download and use the application to use sounds in the videos they wish to edit. These licenses guarantee that the sounds, although owned by a third party, are in the public domain and therefore free to use. Moreover, this application allows users to use songs in their videos to be edited, for which the Company has entered into the corresponding licenses with third parties for such function. In this regard, please read carefully the "Exemption of Liability" section of these Terms and Conditions".
Exemption of Liability
The Company makes its best efforts to ensure the availability and safe usage of the app. However, the download and/or use of the app may be promptly interrupted by maintenance tasks and/or the upload of updates of its features and/or functionalities. Also, we cannot guarantee that the app will be maintained without interruptions, delays, errors or omissions for reasons beyond our control, as well as for possible damages that may be caused by third parties through illegitimate intrusion beyond our control. Therefore, the app is provided “as is'' without any warranties, either expressly or implied including but not limited to guarantees of fitness for a particular purpose; and, consequently, the download and/or use of the app is at the User’s own risk and responsibility. Neither the Company nor its partners, suppliers, employees or representatives will consequently be liable for any error or omission on the app or if the content and information provided by the app is used by a User or a third party for unlawful purposes and/or to cause damage to third parties or to the Company’s reputation, rights or legitimate interests.
Likewise, the Company will not assume any responsibility when:
Users under fourteen (14) years of age or under the required legal age according to the laws and regulations of their birth or residence country access the website. It is the responsibility of their parents and/or legal guardians to exercise adequate control over the mobile phone and/or activity or use of the Internet by their dependent children or minors.
The User has provided personal data of third parties without having their prior written consent to do so. If this circumstance takes place, the Company's responsibility will be limited to eliminating improperly received information and personal data from its information systems.
The User shares through the app videos which are not of their ownership but belong to third parties, protected by the corresponding intellectual property rights, and for which the user has not their authorization to use. He/she is the sole responsible for such infringement.
The User shares the edited videos by means of whatever type of communication channel, cloud service or social media with third parties.
The User shares through the app videos which are not of their ownership, or that include third parties' personal data and/or information. He/she is the sole responsible for obtaining the consent of said third party/ies and for the disclosing of the above-mentioned information.
The content that could be provided by third parties through our application, such as links which can redirect users to third parties websites or advertisements, as they are governed by the corresponding third parties privacy policies and terms of use. Taking this into consideration, users take all responsibility to their own risk if they freely decide to use the application. For further information regarding collaboration with third parties, we encourage you to consult their privacy policies.
The music uploaded by the Users, whether it is of its own or of third parties, among others as Apple Music. In this regard, users grant the app that when using and/or uploading music and/or audios within it that they are the legitimate owners, and have all intellectual property rights and/or they have acquired all necessary licenses from corresponding third parties. If Users use third parties music or content, they commit to comply with their specific policies. In this sense, we strongly encourage users to check the corresponding policies before using and/or uploading content to the app.
The content uploaded to the app and subsequently shared cannot be used for commercial purposes. The user is solely responsible for the use of the content created using the app and for its use external to the app.
The User breaches his/her commitments and/or any other provision set out in these Terms and Conditions
Withdrawal Right
By downloading and subscribing to the app, you acknowledge and accept that its content/services are made available to you immediately and, therefore, the withdrawal right that the applicable legislation recognizes to users (consumers) does not apply.
Applicable law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the currently applicable Spanish law. Any action arising out of or relating to these Terms and Conditions shall be filed only in courts or arbitration tribunals located in Spain and you hereby consent and submit to the personal jurisdiction of such courts or arbitration tribunals for the purpose of litigating or mediating any such action or proceeding. In case of controversy or disagreement between the user and the Company arising from these Terms and Conditions, both parties agree to submit their disputes through binding arbitration. The Parties, at their own free will, expressly waive any other jurisdiction to which they may be entitled to under international private law principles, to the competent Courts and Tribunals of Barcelona - Spain. The non-exercise by the Company of any right provided or derived from these Terms and Conditions shall not be construed, under any circumstances, as a waiver of said right, unless expressly and in writing renounced by the Company or by the legal prescription of the action, according to the current applicable law or regulation.
