VIBBIO online subscription agreement
Terms & conditions
The following online subscription agreement “Agreement” forms the terms of supply for the VIBBIO Platform available on vibbio.com.
The website vibbio.com is owned and operated by VIBBIO AS (“VIBBIO”), a Norwegian private limited company with postal address at Idrettsveien 16B, 1358 Jar, Norway (org. no. 916 722 516). VIBBIO may be contacted at email@example.com.
1. The VIBBIO platform
The VIBBIO Platform (“the Platform”) is a cloud-based software as a service (SaaS) tool where you may upload and store your own video clips, sounds and images (“Raw Material”). The Platform offers an automated video editing tool that enables you to create finished videos based on your Raw Material (“the Product”).
1.1: Subscription options and ordering process
VIBBIO offers subscription plans with a monthly subscription fee:
The plans include a set number of initial users, size of storage space, maximum video length and amount of video formats/sizes. The price and content of each subscription plan is according to the current price list, which is detailed on https://www.vibbio.com/pricing.
You are free to upgrade subscription plan at any time. There are no fees involved in upgrading to another plan.
You can also add extra users and more brand profiles to an existing subscription plan, against an additional fee.
You are responsible for providing us with correct and updated contact information. VIBBIO is not liable for the failure of providing you with an order confirmation due to incorrect registration of your contact information.
2. Prices and payment
2.1: The price and content of each subscription plan is according to the current price list, which is detailed on https://www.vibbio.com/pricing. All prices are excluding value added tax (VAT). The cost of the Platform includes full product capabilities within the chosen subscription plan. The cost is non-refundable.
2.2: The service is billed according to your chosen payment cycle, and in advance. Standard terms of payment are 14 days from the date the invoice is issued, unless another payment terms have been agreed.
3. Trial, cancellation and termination
3.1: VIBBIO offers a 14-day test account for free. After expiration of the trial period, VIBBIO can close the Platform to you without any additional notice, if no agreement on extending the use of the Platform has been finalized. Videos created from the test account carry a discrete VIBBIO watermark.
3.2: You may terminate the Agreement at any time. You will be subject to payment of the subscription fee for the duration of your current payment cycle, and following that the account will then not renew.
All VIBBIO subscription plans are subject to automatic renewal, unless you notify us of your wish to terminate the agreement before the end of your current period.
Upon termination of this Agreement, you will lose all rights granted to you under this Agreement at the end of the period, including access to the Platform, Raw Material, Products and all other material made available to you on the Platform. You are responsible for downloading all Products and other downloadable materials before your subscription ends. VIBBIO is not responsible for providing you with any copy of Products or other materials following that, and will delete all data 7 days after the end of the current contract period.
3.3: VIBBIO may upon prior notice terminate this Agreement in the event of you;
- breaching any terms of this Agreement,
- failing to pay within 20 days of being due, or
- becoming insolvent or filing for bankruptcy.
If you have breached this Agreement, we reserve the right to disclose all relevant information to law enforcement authorities and initiate legal proceedings against you for claims of compensation of all recoverable loss.
4. Use of the platform
4.1: Username and password
Upon registering for an account with VIBBIO, you will be asked to create a username and password on the Platform. You are the only authorized user of your account and, accordingly, you must not disclose your username and/or password to anyone else. You should contact us immediately upon discovering any unauthorized use of your account or error in the operation of your username and/or password.
4.2: Use of the Raw Material
Information about the technical requirements for the Platform, including supported file formats, is detailed on the website www.vibbio.com. You are solely responsible for providing Raw Material in a file format supported by the Platform. VIBBIO is not liable for any corrupted files or other defects in the Raw Material provided by you, even if the defect may have been caused by technical errors on the Platform. VIBBIO is offering security copies (download) of all material uploaded on the Platform, but is not liable for any missing, corrupted or defected files. You are solely responsible for ensuring safe security copies of all your Raw Material.
4.3: Copyright, personal data and acceptable use
You hereby declare that you either own or have secured the necessary rights to the Raw Material and all other information provided by you and uploaded to your account. If applicable, you are responsible for obtaining appropriate consent and authorization for processing personal data. You are fully responsible for ensuring that the Raw Material or other information you upload to the Platform can be legally uploaded, that the data is legal and that the data does not violate third party rights, such as privacy rights, publishing rights, copyright, contractual rights, intellectual property rights or other rights. You agree that you will not, nor allow anyone else to use your account to: Access or attempt to access the Platform which you have not purchased or subscribed to; to interfere with or disrupt the provision of the Platform or use the Platform in a way that interferes with anyone else's use of the Platform; to further any criminal or fraudulent activity or to impersonate another person; to breach the rights of any person (including, but not limited to rights of privacy and intellectual property rights); to upload to the Platform any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, or offensive; or otherwise breach any acceptable use guidelines that we may issue from time to time.
4.4: You grant VIBBIO permission for the Platform to edit the raw materials and content submitted in your video project, as required to operate the service, thereby ensuring the completion of your submitted video project.
5. The platform
5.1: VIBBIO has the exclusive and worldwide right to all intellectual property rights related to the Platform, both hardware and software, whether patentable or not and whether registered or not. This includes but is not limited to the construction, methods, concepts, designs and trademarks.
The Platform and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to us and our suppliers. The Agreement does not imply any right for the Customer beyond the limited rights of use expressly granted in the paragraph above.
6. Software License
6.1: You are granted a non-exclusive and non-transferable license to use software included as the Platform (“License”). The software and any third-party software, documentation, interfaces, content, fonts and any data accompanying this License, whether on disk, in read-only memory, on any other media or in any other form are licensed, not sold, to you by VIBBIO, for use only under the terms of this License. VIBBIO and/or VIBBIO's licensors retain ownership of the VIBBIO software itself and reserves all rights not expressly granted to you. VIBBIO, at its discretion, may make available or require future updates to the VIBBIO software. The VIBBIO software updates, if any, may not necessarily include all existing software features or new features that VIBBIO releases for newer models. The terms of this License will govern any software updates provided by VIBBIO that replace and/or supplement the original VIBBIO software product, unless such update is accompanied by a separate license in which case the terms of that license will govern such update.
The License does not contain the right to modify, adapt, update, patch, translate, reproduce, reverse engineer, decompile or disassemble the software.
7. No warranty
7.1: No warranty for use of the Platform
VIBBIO may from time to time need to temporarily suspend services on the Platform due to software updates or maintenance of the Platform. All scheduled software updates or maintenance work will be notified to you in advance. VIBBIO shall correct any errors on the platform as soon as possible. Nevertheless, VIBBIO offers no warranty for compliance with any particular purpose, function, specification or expectation. We may not guarantee a specific time limit for correction of errors on the Platform, and we are not liable for any loss due to errors or downtime of the Platform, c.f. Section 10 of this document.
7.2: No warranty for the Products
If you are dissatisfied with the Products delivered by VIBBIO, you may complain to our Customer Service. Contact information to our Customer Service is detailed on the website www.vibbio.com. We will apply our best efforts to correct any errors in the Products. Nevertheless, VIBBIO offers no warranty for compliance with any particular purpose, function, specification or expectation.
VIBBIO shall in no event be liable for any lost profits, lost savings, loss of reputation, loss of goodwill, indirect, incidental, punitive, special or consequential damages arising out of or in connection with the sale of any products or services by VIBBIO or the use thereof, whether or not such damages are based on tort, warranty, contract or other legal theory, even if VIBBIO has been advised or is aware of the possibilities of such damages.
VIBBIO's aggregate and cumulative liability towards you under any sale/agreement shall not exceed an amount of ten percent (10%) of the related sale/agreement.
Any claim from you for damages must be notified to VIBBIO within ninety (90) days of the date of the event giving rise to any such claim, and any lawsuit relative to any such claim must be filed within one (1) year of the date of the claim.
9.1 You agree to indemnify and hold VIBBIO, its affiliates, officers, employees, agents, consultants and advisers, harmless from any and all claims, including but not limited damages, legal fees, cost and expenses, from third parties arising in connection with the Products.
10. Force Majeure
10.1 VIBBIO shall not be responsible nor liable to you for any failure to perform its obligations to you as a result of any strikes, work stoppages or labor unrest, earthquakes, fires, floods, storms or other natural disasters, shortages of materials or supplies or availability of goods or inventory, acts of war terrorism, crimes, unrest or violence, shipping or other transportation delays or restraints, acts laws, rules or regulations of any governmental or legal authority or any other cause or circumstance beyond VIBBIO s reasonable control whether or not foreseeable at the time of the confirmation of the order from you.
In case of such failure set forth above, the performance of VIBBIO's obligations will be suspended for the period such failure continues, without VIBBIO being responsible or liable to you for any damage resulting thereof.
In the event that the force majeure extends for a period of three (3) consecutive months (or in the event that the delay is reasonable expected by VIBBIO to extend for a period of three (3) consecutive months, VIBBIO shall be entitled to cancel all or any part of the Agreement without any liability towards you.
11. Links to third party websites
11.1 The Platform and the website vibbio.com may contain links to third-party websites or services that are not owned or controlled by us. VIBBIO is not liable for such third party sites and assumes no claim of verification of the legal status of such sites, or whether the content featured on such sites are correct, legal and acceptable.
12. Amendments to this agreement
12.1 This Agreement may be updated from time to time. You will be notified of any changes to this Agreement and provided with a 30 days’ time limit to accept the new Agreement. VIBBIO reserves the right to terminate the Agreement if you do not accept the updated Agreement as presented to you within the 30 calendar day time limit.
13.1 If any part of this Agreement is found to be invalid due to mandatory statutory law or a final legal judgment, it shall only affect those parts found to be invalid. The remaining parts of this Agreement will still be enforceable.
14.1 This Agreement has priority over any other terms, discussions, understandings, and agreements between you and VIBBIO.
15. Dispute Resolution
15.1 Any dispute arising out of or in connection with this Agreement, which is not solved amicably, shall be submitted to the exclusive jurisdiction of the courts of Oslo, Norway.
16. Governing Law
16.1 This Agreement is governed by and construed in accordance with the laws of Norway, without regard to its conflict of law principles.
17. Entry into force
17.1 This Agreement enters into force upon your acceptance of this Agreement by ticking off on the box “I am authorized to accept and hereby accept this Agreement on behalf of the customer” on the website vibbio.com.
18. Changes to terms and conditions
If you have any questions about these Terms and Conditions, please contact us.