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Last updated: June 2020
Welcome to www.videomat.com, hereto referred to as “the Site” or “the Service”. The Site is operated by Velmundi Group Jakub Karakulski, herein referred to as “Videomat”, “we”, or “us”.
These Terms of Use, herein referred to as “Terms of Use”, or “TOU”, govern your access to and use of our website and software, including any content, features, manuals, articles, designs, layout, templates, and other services available on the Site.
“Services” means:
– our website www.videomat.com and app.videomat.com, including the online shop
– our Template Library;
– our Video library;
– our Audio library;
– our forums;
– our support services;
– our update services;
– any other service we add to our offering.
By using the Site, whether as a Visitor, or a registered member or subscriber (“User” or “Subscriber”), you accept these Terms of Use in full and without reservation.
Users and Subscribers have the ability to create a video clip (“Video Production” or “Videomat Video Production”) using available templates and animations in the Video library (“Video Library Assets”) or/and uploaded video clips, photographs, graphics (“User Content”) combined with the audio tracks available in the Audio Library (“Audio Library Assets”) or uploaded music tracks (“User Audio Content”).
The Privacy Policy and Licence Agreement are incorporated into these Terms of Use by reference.
IF YOU DO NOT AGREE TO THE TERMS OF USE AND/OR THE PRIVACY POLICY AND/OR THE LICENCE AGREEMENT OR OTHER POLICIES, GUIDELINES POSTED ON THE SITE, YOU SHOULD IMMEDIATELY EXIT THE SITE AND CEASE MAKING ANY USE OF THE SERVICES.
We reserve the right, at our sole discretion, to modify or replace Terms of Use at any time. Any subsequent access to, or use of our Services by you will constitute an acceptance of any modifications in Terms of Use.
Who can use Videomat?
The Service is solely intended for those who have full legal capacity.
If you are a natural person, you need to be at the age of majority (legal age) to be able to use the Service. Legal age depends on the national legislation applicable to the User (probably you need to be 18 years old). By using the Service, you represent that you are of legal age. If you are not at the required age, please stop using the Service or Videomat immediately.
The Service is primarily aimed at businesses and companies. However, if you are using our Services as a natural person for a purpose unrelated to trade, business or profession and wish to rely on consumer protection legislation, you need to notify us before you start using the Service and before subscribing to any Paid Plan. In the event a User fails to send such notification to Videomat, the User will not be able to rely on any applicable consumer law and will not be able to invoke any consumer rights (including the right to withdraw from the Agreement).
If you are an individual User, or are accessing the Services, or are otherwise browsing the Website, this Agreement is between you, individually, and Videomat.
If you enter this Agreement on behalf of Enterprise, you warrant that:
(1) You have the full legal authority to bind the Enterprise to TOU;
(2) You have read and understood the TOU;
(3) You represent that you have the Enterprise’s permission and authority to use the Enterprise’s User Content;
(4) You agree to TOU on behalf of the Company that you represent.
Please note that, if you subscribe for a certain Paid Plan by using an email address from the Enterprise, you will be deemed to represent such Party and the word “User”, “Subscriber” or “You” in these TOU will refer to such Enterprise.
Subscribers on behalf of the Enterprise and the authorized Users of the Enterprise are jointly responsible for the authorized Users’ use of the Services. Any violation of the TOU by any of the authorized Users shall be deemed to be a violation thereof by the Enterprise and by the authorized User of the Enterprise.
The Service is not aimed at marketing or art agencies producing videos as part of their services for their clients.
When registering for the Services, we may authenticate your identity through different third-party services and may require additional identification.
Accounts
To make use of our Services you are required to create an account. All our accounts are subject to the following rules:
– You must be a human being and have full legal capacity.
– You are responsible for entering valid contact or billing details in the account and keeping them up to date.
– You are responsible for all actions performed in the Services with your credentials
– You are responsible for the security of your account. Keeping your password safe is your sole responsibility.
– You cannot hold more than one account.
– You must not allow others to access your account.
– You must immediately notify us if you suspect that your account was compromised or that there was unauthorised access to your account.
– Unless an account is associated with a paid-for service, we may suspend or terminate it at any time. Equally, you may close your account at any time.
– You agree that Videomat administrator has the right to access user accounts in order to eliminate application errors, if they occur in the user account.
License
During the term of the Agreement, Videomat grants you a limited, non-exclusive, non-transferable, revocable, temporary license to access and use the Site and the Services solely for your commercial or personal purposes, provided you pay all the agreed fees and comply with the restrictions set forth in the written Agreement.
We reserve the right to terminate this licence at any time for any reason.
Restrictions on Service Rights.
Copies of the Video content created pursuant to this Agreement are licensed, not sold, and User receives no title to or ownership of any copy of the Video Productions itself. Furthermore, User receives no rights to the Software other than those specifically granted in the first paragraph of this Section. In addition to the restrictions set out in Section Acceptable Use Policy (AUP), and without limiting the generality of the foregoing, you shall not:
(a) modify, adapt, edit or create derivative works from the Video Productions created using Videomat;
(b) sell or sublicense the Video Productions created using Videomat to any third parties as your own products.
Additional terms applying to use of the Video Productions created using Videomat and/or any Content that is available to use as part of our Services are contained in the Licence Agreement available at www.videomat.com/license-agreement/.
Subscription & Plans
By creating User Account at Videomat you automatically start your Free Plan. You may choose to switch from the Free Plan to any Paid Plan at any time. Once you choose to do so, we start to apply the respective subscription fees in accordance with the applicable Paid Plan.
If you have registered to use our Services using our Free Plan (non-paid plan), then you may use our Services only for non-commercial purposes.
Anyone who subscribes to any Paid Plan will be liable for the payment arising from such a subscription.
Each Plan is connected to a single Account.
You can be subscribed only to one plan at a time in your Account.
Upon subscription to a new plan the previous plan is cancelled irretrievably at the time of subscription or purchase, and the download limits held under the previous plan do not transfer to the new plan.
If you do not plan to renew your subscription, you can cancel it at any time. Cancellation means that the next payment will not be charged and your subscription will be valid until the end of paid period. You can use the Services according to the purchased plan until your cancellation is effective. It will have “Pending cancellation” status. Once the subscription period has expired, the Plan will be cancelled automatically.
The only case when your Plan is cancelled immediately is when you subscribe to another Plan.
Cancellation of any paid plan does not mean that your media resources or projects will be deleted. They will be available to use within the limits of the new Plan (free or paid).
We reserve the right to delete your uploaded content and resources after 3 months of not using the Services, but only if you have FREE plan. In case of paid plans we do not delete any of your content or resources until your subscription expires even if you do not log into your account. The Content cannot be recovered once it is deleted.
Monthly and Yearly Subscriptions
The subscription for a paid plan can be either monthly or annual.
The subscription fee for the Videomat Services will be charged on a monthly or yearly basis on the exact calendar day and hour corresponding to the commencement of the paying portion of your subscription. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month.
For monthly subscriptions: If you buy a monthly plan on 5th July at 10:55 a.m., it will be valid exactly until 5th August at 10:55 a.m. and at this moment it will be charged further in case of automatic payments or cancelled in case of manual payments if the payment is not settled by this time. At the same time, in case of a successful payment, all monthly limits, such as number of film previews or downloads will be reset and you will have again full range of monthly benefits to use. The next subscription period can be paid in advance, before the current subscription ends. In this case, your subscription will be extended for a period in proportion to the payment made.
For yearly subscriptions: If you buy a yearly plan on 5th July 2020 at 10:55 a.m., it will be valid exactly until 5th July 2021 10:55 a.m.. By yearly plan you are bound by the monthly limits of video previews or number of downloads. That means that at 10:55 on 5th of August your monthly benefit limit will be renewed. There will be no payments charged, as you paid for the whole year in advance. Next payment will be charged exactly after 1 year – on 5th July 2021.
Number of monthly benefit limits are explicitly defined in each plan. All the information about the plans and limits you will find at www.videomat.com/pricing/.
The limits are not transferrable to the next period, which means, that if you do not use your monthly benefit limits in the current month, they will not be transferred to the next month.
Storage limits, by their nature, do not change and do not sum up during all the subscription periods. When you excess the storage limit, you will not be able to upload new assets nor create new previews until you release some of your data storage by deleting your existing assets in the application.
Payment
Paid Plans are charged either monthly or annually, as chosen upon subscription.
All payments for the Paid Plan are due in advance by the first day of the billing period.
Upon registering for a paid Plan, you will be required to designate a valid payment method. You hereby authorize Videomat to charge to your designated account all Fees relating to the Services you select, and you agree to pay all such Fees in accordance with the applicable payment method terms and conditions.
Subscriber must keep all the billing data complete and accurate (such as a change in billing address, credit card number or credit card expiration date) and must promptly notify Videomat if payment method has changed (for example, for loss or theft) or if Subscriber becomes aware of a potential breach of security, such as the unauthorized disclosure or use of name or password. If Subscriber fails to provide any of the foregoing information, he agrees that Videomat may continue charging for any use of the Service unless Subscriber has terminated Agreement as set forth herein.
All sums payable to Videomat hereunder shall be paid in full, without deducting or allowing the deduction of any currency conversion, wire transfer, remittance, applicable tax or other charges related to the payment.
The payment of the Service shall be made before the commencement of the Subscription Term.
If your Paid Plan involves a recurring payment of a fee, unless you notify us before a charge that you want to cancel or do not want to automatically renew your membership or subscription, you understand it will automatically continue and you authorize us (without notice to you, unless required by the applicable law) to collect the then-applicable fees and any taxes using any credit card we have on record for you.
If your default payment instrument is declined for any reason, we may deny access to the Paid Plan immediately.
The fees presented on the website and in the pricelist are exclusive of any VAT, unless Videomat has explicitly stated to the contrary. It is each User’s responsibility to bear VAT duties related to the purchase of the Service.
All payments are handled by a third-party payment gateway. Videomat is not responsible for the processing of Subscriber’s payment and shall not be liable for any matter in connection therewith. Videomat does not store any of your payment data such as credit card numbers, CVCs, PayPal / Stripe login credentials.
Paid fees are non-refundable. If the Agreement of a Paid Plan is terminated or varied during a certain billing period, the User shall not be entitled to any refund concerning that billing period. In addition, payments made for the future billing periods will not be refunded unless the Parties explicitly agree otherwise.
Plan Free does not require providing any payment method.
We do not offer any Trial or Refund periods for paid plans. If you want to test our services we advise you to use our Free Plan, which has all the functionalities of Paid Plans but has a limited range of use. A detailed description of the plans can be found at www.videomat.com/pricing/.
We reserve the right to revise the Fees, including by increasing or adding new Fees, at any time on ten (10) days’ notice. Such notice may be sent to you by email to your most recently provided email address or posted on the Site or by any other manner chosen by Videomat in its commercially reasonable discretion. You will be deemed to have received any such notice that is posted on the Site on the day it was posted. Your use of the Services after the ten (10) day notice period constitutes your acceptance of the new or revised Fees. If you do not agree to the revised Fees, you may cancel your subscription.
For automated payment methods such as credit cards, PayPal or other payment gateways, the plan is activated within a maximum of 5 minutes of successful completion of the payment process.
In case of payment by wire transfer, the plan will not be activated in User’s account until the payment is registered on our bank account. It may take up to 2 working days from the transfer’s receipt.
Termination and refund policy
This Agreement shall continue until you cancel your subscription, until the end of the subscription period or until terminated by Videomat. You may cancel your subscription at any time. If you cancel after your subscription renewal date, you will not receive a refund for any amounts that have been charged. Your cancellation will be effective at the end of your then-current subscription period, subject to applicable law, and you may use the Services until your cancellation is effective (unless your access is suspended or terminated as set forth below).
Videomat may terminate these Terms and/or deny you access to all or any part of the Services (including without limitation the right to receive support and update services) or terminate your account immediately at our sole discretion with or without prior notice.
Upon termination of your account by us for any reason, your right to use the Services and to access the Site and any of its content will immediately cease and all content in your account will be deleted. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and miscellaneous provisions.
Except as may be expressly set forth herein, all Fees paid or accrued in connection with any Services are non-refundable, and Videomat will not prorate any Fees paid for a subscription that is terminated before the end of its term.
We shall not be liable for any damage caused to you or any third-party as a result of terminating these Terms or by suspending or otherwise limiting your use of the Services.
Cancellation
You are solely responsible for properly cancelling your paid account. You can cancel your paid account at any time at your Account site. An email or phone request to cancel your paid account is not considered a cancellation. The only exception is when our service is not available and you cannot cancel the subscription in your account.
If you cancel the Service before the end of your current paid up month, you can continue using the Service until the end of your paid subscription period. You will not be charged again after cancelling.
Service Availability
Our Services, Third-Party content or services, offered through Videomat may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device.
We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Videomat is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored.
If our Service will be unavailable for reasons beyond our control (e.g. power outage, server failure, hacking attack, etc.), then due to the service interruption, a customer subscribed to a paid Plan is entitled to extend the subscription by the time of downtime.
If the unavailability of Services becomes permanent (i.e. Service cannot be activated again, Service had at least 3 downtimes longer than 24 hours each), then the customer subscribed to the paid Plan is entitled to a refund in proportion to the unused part of the Service.
The decision to extend the subscription or refund due to the unavailability of the service will be made upon considering a written request from the customer.
Subscribers of a Free Plan are not entitled to any changes of their subscriptions or refunds due to the outage.
We reserve the right to block access to our Services for up to 6 hours each month for maintenance purposes. Maintenance break shall not be a reason for a refund. The customer will be notified of the maintenance break by an appropriate message on the website.
Maximum Storage Limit
You acknowledge that we may, without prior notice, limit, or decrease the maximum storage capacity for each user account.
Warranties
You affirm, represent, and warrant that:
You have, and will have at all times, all rights, licenses, and consents required for your use of the Services.
You will comply with all applicable laws, rules, and regulations.
You were not previously prohibited by us from entering into an agreement with us nor was your account and/or use of the Services previously blocked, suspended or terminated by us for any reason.
You own or have the necessary licenses, rights, consents, and permissions to use the Content you are uploading to Videomat.
Videomat Intellectual Property
Please be informed that we own all Intellectual Property Rights or Licences relating to the Services. This applies, without limitation, to any underlying data, platforms, algorithms, technology, design, UI, texts, files, videos published on our website, organization, structure, features, and any modifications, enhancements and derivatives thereof and all other Intellectual Property Rights related thereto.
Please be advised that apart from where we specifically granted you a right to do so, all Intellectual Property Rights relating to the Services reside with us.
Acceptable Use Policy (AUP)
Services provided by us may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Any material or conduct that in our judgment violates this policy in any manner may result in suspension or termination of the services or removal of user’s account with or without notice.
Prohibited use
You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:
– Defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others;
– Transmitting, posting, sending, uploading, distributing, submitting or otherwise making available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Company), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in its sole discretion);
– Transmitting, posting, sending, uploading, distributing, submitting or otherwise making available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
– Transmitting, posting, sending, uploading, distributing, submitting or otherwise making available through our Services any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;
– Restricting or inhibiting any other user from using and enjoying the Videomat Services;
– Phishing or engaging in identity theft;
– Distributing computer viruses, worms, Trojan horses or other malicious code;
– Distributing pornography or adult related content or offering any escort services;
– Promoting or facilitating violence or terrorist activities;
– Allowing others to use your account or license, by means of sale, license, lease assign, transfer, pledge, or any other activity that may be considered as sharing or conveying ownership in your account;
– Copying our website and replicating its functionality. Meaning, imitating our API calls to servers, using an Iframe to reproduce our Services, using a subdomain to redirect to our website;
– Scraping our website without our permission, using automated tools to submit queries or posts, and mining personal information from our website;
– Making extensive API or web calls in a manner that interrupts our hosting company or web-server;
– Reverse engineering or decompiling our website, or performing any activity that might reveal sensitive information;
– Guessing usernames or passwords, or otherwise circumventing or attempting to penetrate or circumvent any technical restrictions or limitations in the Services or website;
– Reselling our Services; meaning offering others access to your product keys, or any other enabling methods, such as account credentials or activation codes;
– Calling files directly from our servers;
– Removing our legal notices or Company name or logo from our Services;
Your services may be suspended or terminated with or without notice upon any violation of this policy. Any violations may result in the immediate suspension or termination of your account.
Reporting violations
To report a violation of this policy, please contact us by sending an email to 
.
We reserve the right to change this policy at any given time, of which you will be promptly updated. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page.
Feedback
If you elect to provide any suggestions, comments, improvements, information, ideas or other feedback or related materials to us (collectively, “Feedback”), you hereby grant us a worldwide, perpetual, non-revocable, sublicensable, royalty-free right and license to use, copy, disclose, license, distribute, and exploit any Feedback in any format and in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise, however we do not need to identify you as the source of the Feedback. Nothing in this Agreement limits us right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
Disclaimer
You agree that your use of the services shall be at your own risk.
The services are provided “as is” and without warranties of any kind either express or implied.
To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including without limitation implied warranties of merchantability, non-infringement, and fitness for a particular purpose.
We do not warrant that the services will be uninterrupted or error-free, or that these services or the server(s) that makes them available are free of viruses or other harmful components.
Some jurisdictions do not allow the exclusion of certain implied warranties. Accordingly, some of the above limitations may not apply to you.
Limitation of Liability
To the extent permitted by law, the total liability of Videomat, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (amount corresponding to the last month of use).
In no event will company be liable for any special, incidental, indirect, or consequential damages whatsoever arising from your access or use of, or inability to access or use, the site.
In no event will company be liable for any damages whatsoever arising in any way from any act or omission by any other person including, without limitation, any content provided, or representation made, by any other person.
Indemnification
By using our Services you agree to indemnify, defend and hold Videomat and its parents, affiliates, subsidiaries, licensors and assigns and each of their respective employees, officer and directors harmless from and against any third party claims, alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense, including, without limitation, reasonable attorneys’ fees, arising out of or relating to: your breach of your representations, warranties, covenants or agreements hereunder; your violation of these terms or any law; your use of the Services and/or the content in violation of these terms; information or content posted or transmitted through your computer or membership account, even if not submitted by you, that infringes any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; any misrepresentation made by you; and/or company’s use of your information. You will cooperate as fully and as reasonably required in company’s defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without our written consent.
Amending The Terms of Use
We reserve the right, at our sole discretion, to modify or replace Terms of Use at any time. No update shall have a retroactive effect.
If you continue to use our website and Services following such update, you agree to be bound by the new terms.
Third-Party Components
The Services may contain content provided by third parties and links to outside services and resources.
We do not screen, monitor, or control such content and services.
Any concerns regarding any such linked service or resource should be directed to such particular service or resource provider.
If we provide outside links, then such links are provided only as an informational resource, simply as a service and only for your convenience. We are not responsible or liable for such links or content.
All third-party components available on our website are subject to Videomat License Agreement available at www.videomat.com/license-agreement/.
Your right to use such Third-Party Components as part of, or in connection with our Services is subject to any applicable acknowledgments and license terms accompanying such Third-Party Components contained therein or related to that, as set forth herein.
If there is a conflict between the licensing terms of such Third-Party Components and these Terms of Use, the licensing terms of the Third-Party Components shall prevail in connection with the related Third-Party Components.
You hereby agree to such terms associated with the Third-Party Components.
The Services are provided to you without any support for Third-Party Components, which are used with or in connection to the Services, whether installed on your server or otherwise, whether or not in source code.
General
Governing Law, Jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of the State of Poland, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of Warsaw, Poland. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded.
Notwithstanding the foregoing, in the event of a breach or threatened breach of any provision of these Terms by you, we could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms and that the remedies at law available to us may otherwise be inadequate and we shall be entitled, in addition to any other remedies to which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of an equitable relief, including without limitation, an injunctive relief, in any jurisdiction worldwide.
You hereby acknowledge and agree that We shall not be required to post a bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition.
Enforceability
If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms.
Assignment
We may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third-party without our prior written consent. Any unauthorized assignment will be void and of no force or effect.
Entirety
These Terms are the entire agreement between you and us regarding the subject matter herein.
Our failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
All waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion;
Your failure to take any action against us over a term of one (1) year from any breach of these Terms shall be automatically deemed as a waiver.
No Class-Action
YOU UNDERTAKE NOT TO ENGAGE IN ANY CLASS-ACTION AGAINST THE COMPANY AND SOLELY TO CLAIM YOUR LOSSES PERSONALLY.
If you have any further questions or require further clarification, please contact us by sending an email to 
.
Electronic Communications
By accepting these TOU, you agree to this electronic contract. In addition, by visiting or sending emails to Videomat constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, satisfy any legal requirement that such communications be in writing.