Terms and Conditions

These terms and conditions (also referred to as “user agreement”) apply to the service “MailVideo”. MailVideo (also referred to as “we”, “us”, and “the service”) aims to provide a service that makes it easy for you as a user to create and share videos.

1.Introduction

When you create an account at MailVideo you simultaneously agree to our user agreement. You accept thereby also our terms and conditions and privacy policy. You will always have access to the terms and conditions and privacy policy at our website or in your profile settings. 

We respect your security, privacy and rights for your data and content. We expect you as a user of our service to also respect our user agreement.

The user agreement regards your usage of the service “MailVideo” which is owned, administered by, and controlled by Mailvideo AS (hereafter referred to as “MailVideo” and “the company”), with organisation number NO 827 043 192 and business address: Eilert Sundts Gate 11A, 0259 Oslo, Norway. MailVideo is responsible for all your data and content which you have uploaded to MailVideo and its related sites and services. The user agreement between you as user and us as service starts when you have created an account at MailVideo and have approved the user agreement in the sign up process. 

2. Our services

Subscription services: Our services are bought by our customers as a subscription. When you as our customer are subscribing to our services, we give you a non-transferable, non-exclusive right to use and access our services as long as the subscription contract is active. The term can either be monthly or annually, depending on your subscription contract. 

Offered to business customers: Our services are only provided for business customers with a valid incorporated business registration number. 

User Accounts: To be able to use our service, you as a user of our service must create a user account. You can either register one or more accounts on behalf of an organization. Each account is designated to one specific person and may not be used by others than the person who the account originally was made for. Each account holder will therefore provide their name, email address, login usernames and passwords. These user account details are confidential, and each account holder is responsible for keeping these personal details to themselves without sharing them with others. 

Active user seats: As a customer you are able to purchase multiple seats so you can cooperate together as a team. When purchasing multiple seats it is possible for a company to administrate multiple accounts simultaneously. Despite it not being allowed to share a personal user between multiple people. It is however possible to switch user accounts during a subscription contract. An administrator can therefore remove one user account and replace it with another. This however means that the removed user account will lose the access to the team library and access to any paid for services. 

Limitation on usage: MailVideo has different plans which include different offerings. The subscription plan will specify which limitations and restrictions that are in place. Depending on the subscription contract you have confirmed with MailVideo, the access to paid functionalities will therefore vary. Hence, you are only entitled to access the functionalities that are mentioned in the subscription contract.

3. Fees and payments

Fees: You confirm to pay in full the fees included in the subscription contract. All fees in the subscription contract are non-refundable and non-cancelable. Terms for cancellation of future payments for the subscription service depends on the subscription contract, whether your subscription is renewed on a monthly or annual basis. To clarify the service that you pay for, it is a subscription, and not based on actual use. Therefore you are not entitled to any reduction in price or refund for not using the services.

Payment terms: Payments are to be paid on an annual basis in advance within 30 days of when the invoice was issued. Unless the subscription contract is stating otherwise. Payments are either handled in EURO or Norwegian Kroner. 

Overdue Charges: Are invoices not paid in time, the service provider is entitled to a rate of 1.5% interest per month for the unpaid balance.

Rights of suspension: The service provider has the right to effect of immediately suspend your access to the services if; your contact information or billing details are fraudulent or false; You have not paid your subscription fees within 10 days after the service provider has notified you about the amount due; if you violate our terms regarding your restrictions to your content section XX.YY (4.2.); Suspending your account does not change in any way overdue charges, which must still be paid in full. The service provider is not in any way liable for you or any third party for suspending your account.  

4. Intellectual property

In this user agreement you approve that content which is created by MailVideo is owned by Mailvideo AS. This includes content which Mailvideo provides such as, but not limited to: videos, pictures, files, software, information, logos, design, articles, brochures, and other information material. As a user, you may see this content but not own or redistribute it without permission.

As a user, you own your own content. MailVideo has no ownership rights to the content you upload to and share with MailVideo. Read more about in section 4 and 5. 

5. Limitations

This user agreement limits you to not do the following with our content: publish our content on other platforms or media; sell, license or other commercial use of our content; public usage of the content without written permission from us; use MailVideo in a way that can harm us, other people, or other companies, or to anything illegal; upload content which includes virus or other forms of harmful code; use MailVideo for datamining, or for collecting data or extract data for other purposes than what the service offer. 

Your user data, including username and password, shall be treated confidentially. Your user may only be used by yourself. It is not permitted to share your user data or access to your user with others than yourself. 

6. Terms and conditions for uploading, viewing and sharing your content 

In this user agreement, “your content” is defined as: the audio files, text, pictures, files or other material you choose to upload or share at MailVideo. It is your responsibility to ensure that you have the required permissions and rights to share and upload the content you choose to share with our service, and that the content does not violate this user agreement. If your content is in violation of our terms and conditions, we reserve the right to remove that content. You will be informed if your content is in violation of our terms and conditions and this user agreement. 

Your content and information will be treated in a secure manner. Read more on this in the privacy policy. 

6.1. Intellectual property rights for your content

 It is your responsibility to ensure that you have the required permissions and rights to share and upload the content you choose to share with our service. We reserve the right to remove your content if a third part informs us that your content is in violation of their intellectual property. Repeated violations of this user agreement will lead to us removing your access to MailVideo.

6.2. Restrictions for your content

It is important that your content is not in violation of the law. It is not allowed to upload to MailVideo  or share content using MailVideo which is one of the following: of sexual character; in violation of other’s intellectual property right; promotes hatred or is of discriminatory nature; is related to terrorist organizations; exploits minorities, minors or people in general; shows violence against animals; promotes misinformation against vaccines or misleading information regarding tragedies; displayes self harm. We reserve the right to close your access to your user at any time if you are in violation with this user agreement. 

6.3. Limitations for technical use

When you upload and/or view your content at MailVideo you shall not: upload software or other types of code that may harm the service; upload unnecessary amounts of data which is in violation of the data storage limitations of your user; try to manipulate or in other ways perform an act which may potentially damage the service. 

7. Licenses you give MailVideo

When you upload content to MailVideo it is you, and only you, who keeps the ownership of your content. You choose which content that shall be shared. The service is used by you to share content with others. By sharing with an open link you are aware of the fact that everyone with access to the link can see the content that is shared. MailVideo or Mailvideo AS cannot show or share your content without your written permission.

7.1. Approvals and permissions you grant MailVideo

You grant MailVideo permission to: stream your content; distribute your content on MailVideo based on your selections for sharing; distribute an image of parts of your content, e.g. a thumbnail used to display your content when you share on email; compress your content.

By connecting your Google or Microsoft account to the built-in email service of MailVideo, you agree that our service can send email on your behalf when you choose to send an email through our service.

You give MailVideo these permissions and approvals when signing up as a user and approving the terms and conditions, and the permission to send email on your behalf is given when choosing the connect your Google or Microsoft account to the built-in email service. The permissions end when you or MailVideo deletes your content or your account. The permissions regard all the content which you upload to the service. The permission for sending email on your behalf ends when you disconnect your Google or Microsoft account from the built in email service. 

8. No guarantees 

MailVideo is provided as a service in its current state and with the current functionality. Mailvideo AS does not provide any guarantees regarding the service or your content.

9. Limitation of responsibility

MailVideo, Mailvideo AS, employees, managers, and other persons related to Mailvideo AS can not in any shape or form be held responsible for any conflict or dispute which may arise relating to your usage of the service, and shall not be held responsible for any indirect or consequential that may arise from, or in any way connected with, your use of the service. 

MailVideo is provided to you as it is, and we shall not be held responsible for your content which you publish or upload to the service at any time. We also do not guarantee that your content will be stored on the service, and that the receiver you share the content with can see the content. You therefore use the service at your own responsibility and risk. We can also not be held responsible for any scenario in which a third party uses your content without your permission, e.g. if the receiver shares the content with others. We can not be held responsible for sharing through third party services. 

10. Compensation

You hereby declare that you will not to make any claims against Mailvideo, Mailvideo AS, employees, directors or other persons associated with Mailvideo AS for liability, expenses, claims, actions, damages or costs, which arise from or in relation to your breach of any of the terms of this user agreement.

11. Validity of certain provisions

If any of the provisions of this User Agreement are found to be invalid or unenforceable under any applicable law, this shall not invalidate the terms of this User Agreement as a whole. The terms that are considered invalid shall be removed without affecting the remaining user agreement.

12. Variations of terms

Mailvideo has permission to revise this user agreement at any time. Revision of this user agreement is notified to you as a user at least 4 weeks before they enter into force. Major changes will be notified to you as a user of Mailvideo and at the same time require your acceptance if it is considered a major change. We recommend that you keep up to date on this user agreement.

Mailvideo may not change the terms of the user agreement that affect your ownership and intellectual property rights for your content. Mailvideo can make minor revisions such as proofreading, grammatical adjustments that increase understanding of existing content, as well as adapting the business model and prices usage.

13. Scope

These terms constitute the entire agreement between us and you in relation to your use of Mailvideo and supersede all prior agreements.

14. Applicable law and jurisdiction:

These terms of use are handled in relation to the legislation in Norway, and you acknowledge the Norwegian courts as the jurisdiction for resolving any disputes.

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