Last updated: September 9, 2023
These Terms of Service (the “Terms” or this “Agreement”) cover your use of the services “VideoDubber”, including VideoDubber client, VideoDubber dashboard, VideoDubber website, and VideoDubber API services, and any other software or services related to VideoDubber that is offered by Neurals AI & Analytics Pvt. Ltd., Bengaluru, India in connection with any of the above services (collectively, the “VideoDubber Services” or the “Services”). You must agree to the Terms in order to use the Services. Your use of the VideoDubber Services means your acceptance of and agreement to the Terms. VideoDubber will treat your use of any portion of the Services as acceptance of, and agreement to, the Terms from that point on. The VideoDubber Services are available only to individuals who are at least 18 years old and to companies that are appropriately licensed and otherwise legally permitted to conduct business. You represent and warrant that, (a) if you are an individual, you are at least 18 years old, and (b) if you are a company, that (i) you are appropriately licensed and legally permitted to conduct business and (ii) the individual accepting these terms on your behalf is authorized to do so. VideoDubber may make changes to the Terms from time to time. We will provide notice at the top of this page of the latest update date, if the Terms change in any substantive way. We will provide at least seven (7) days' notice before the changes take effect, during which period of time you may reject the changes by stopping all use of and access to the VideoDubber Services and (if you have an VideoDubber account) terminating your account.
License to VideoDubber Services. Subject to these Terms, VideoDubber grants to you a non-exclusive, non-transferable, non-sublicensable, revocable right: (a) to access and use the VideoDubber Services during the Term (as defined below); and (b) to download and, copy the VideoDubber client; and (c) if you have an VideoDubber account, distribute the VideoDubber client to third parties to whom you make available an application created by you using the VideoDubber Software in connection with which you, not your customer, maintain an account with VideoDubber. Such third parties are referred to as “Customer Licensees.” Notwithstanding the foregoing, you may, subject to VideoDubber’s prior written consent (which it may grant or withhold in its discretion), distribute the VideoDubber client to your customers who maintain their own accounts with VideoDubber. All rights not expressly granted by VideoDubber hereunder remain the sole property of VideoDubber.
Terms of using VideoDubber Services. You will be solely responsible for all use of the VideoDubber Services accessed by you (including but not limited to use by the Customer Licensees and whether or not authorized) or under your account, and you shall ensure that all such use is in accordance with this Agreement. You will be solely responsible for all acts and omissions of your representatives, consultants, contractors, subcontractors, agents or Customer Licensees who are authorized by VideoDubber or you to use the VideoDubber Services. You will take all reasonable precautions to prevent unauthorized access to or use of the VideoDubber Services and will promptly notify VideoDubber in writing immediately of any unauthorized access to or use of the VideoDubber Services of which you become aware.
Customer Data. You will ensure that VideoDubber is entitled to use any data, information or material provided, submitted, or otherwise made available by you or on behalf of you to VideoDubber in the course of using or accessing the VideoDubber Services (“Customer Data”) as needed to provide you with the functionality of the VideoDubber Services. You understand and agree that VideoDubber’s Privacy Policy, shall apply to all Customer Data. VideoDubber may collect, retain, use, and disclose data and other information about you and your users, including but not limited to Customer Data, subject to the terms of VideoDubber’s Privacy Policy. You shall ensure that all users have provided all necessary consents and permissions for you to make Customer Data available to VideoDubber under these Terms, including for use, retention, and disclosure in accordance with VideoDubber’s Privacy Policy. If you are an EU data subject (as defined under the EU General Data Protection Regulation (“GDPR”), you shall ensure that Customer Data does not include sensitive personal data (as defined under the GDPR). Please note that, for the version of the VideoDubber Services for which VideoDubber does not charge a fee, VideoDubber may include the IP address of the VideoDubber Agent in the hostnames VideoDubber assigns to you or in HTTP headers included in responses to requests passing through the Proxy Service, thus making that IP address available in connection with any HTTP request to the Proxy Service. Accordingly, and without limiting your other obligations under this Agreement, to the extent the GDPR applies, you acknowledge and agree that (a) such use of the data subject’s IP address is part of your processing of personal data as a controller under the GDPR, and (b) you will promptly inform the data subject(s) who may be identified by such IP address(es) that the IP address(es) will be so available. You acknowledge and agree that VideoDubber may use Customer Data to improve your use of the VideoDubber Services and may use aggregated and anonymized Customer Data to improve the VideoDubber Services generally. You also acknowledge and agree that VideoDubber may access, preserve and disclose your account information and other Customer Data if required to do so by any applicable law or if VideoDubber in good faith believes that such access, preservation or disclosure is reasonably necessary to: (i) comply with any applicable legal process; (ii) enforce this Agreement; (iii) respond to claims that any Customer Data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of VideoDubber, its customers and/or users and/or the public. In no event shall VideoDubber or its designees have any liability or obligation to you in connection with exercising any rights set forth in this Section. You may not use the Services if you are a person barred from receiving the Services under the laws of India or other countries, including the country in which you are resident or from which you use the Services.
Usage. You agree that, except as expressly provided in these Terms, you will not: (i) copy the VideoDubber Services or VideoDubber website and VideoDubber dashboard materials or any portion thereof; (ii) distribute, modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works based on, print any part of, or otherwise attempt to discover the source code, compiled executables, intermediate files, or underlying structure, ideas, know-how or algorithms relating in any way to the VideoDubber Services or VideoDubber dashboard or VideoDubber website materials; (iii) rent, transfer, resell, lease, license, assign, grant any rights in, or otherwise make available the VideoDubber Services or VideoDubber dashboard or VideoDubber website materials to third parties or offer it on a standalone basis; (iv) use the VideoDubber Services or VideoDubber dashboard or VideoDubber website materials in a fashion that could reasonably be deemed to compete with the business of VideoDubber; (v) use the VideoDubber Services or VideoDubber dashboard or VideoDubber website materials to send or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material that violates third party rights; (vi) use the VideoDubber Services or VideoDubber dashboard or VideoDubber website materials to conduct “phishing” or other similar activities or in any other manner that could be misleading to third parties; (vii) use the VideoDubber Services or VideoDubber dashboard or VideoDubber website materials to create, use, send, store, or run material containing software viruses, worms, Trojan horses or otherwise engage in any malicious act or disrupt the security, integrity or operation of the VideoDubber Services or VideoDubber dashboard or VideoDubber website materials; (viii) use the VideoDubber Services or VideoDubber dashboard or VideoDubber website materials in any manner that violates any applicable foreign, federal, state or local law, rule or regulation; or (ix) use the VideoDubber Services or VideoDubber dashboard or VideoDubber website materials in any manner that violates any third party rights or this Agreement.
Some VideoDubber Services are available only if you register and create an account with VideoDubber. If you create an VideoDubber account, you must provide full and accurate information for such registration and account; you are responsible for maintaining the security of your account and all associated materials, including but not limited to your passwords and other account-related access tokens; and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify VideoDubber of any unauthorized uses of your account or any other breaches of security. VideoDubber will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The personal information you provide to VideoDubber for the purpose of creating and maintaining your account is governed by the VideoDubber Privacy Policy.
We may terminate or suspend access to the Services immediately, without prior notice or liability (other than refunding pre-paid fees to the extent we terminate based on no action or omission on your part), for any reason whatsoever, including, but not limited to, if you breach any of the Terms. All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnifications and limitations of liability.
You are solely responsible for your actions and omissions, the actions and omissions of all users of your account, and any data that is created, stored, displayed by, or transmitted through your account while using VideoDubber. You will not engage in any activity that interferes with or disrupts the Services or networks connected to VideoDubber.
You are granted a limited, non-sublicensable license to access and use the VideoDubber website Materials solely in connection with the VideoDubber Services. Such license is subject to this Agreement and does not include: (a) any resale or commercial use of the VideoDubber website materials therein; (b) the distribution, public performance or public display of any VideoDubber website materials except in connection with your authorized use of the VideoDubber website and the VideoDubber Services; (c) modifying or otherwise making any derivative uses of the VideoDubber website materials, or any portion thereof; (d) use of any data mining, robots, page scraping or similar data gathering or extraction methods; (e) reverse engineering or attempting to reverse-engineer any functionality provided on the VideoDubber website materials or (f) any use of the VideoDubber website materials other than for their intended purpose.
To apply for a refund, you need to get in touch with us and request the refund within the first 7 days of your original sign up and provide us with a reason citing how we are violating our terms of service. Refunds under any other circumstances will not be available.
VideoDubber, operated by Neurals AI & Analytics Pvt. Ltd. reserves the right to modify, suspend or discontinue the use of VideoDubber for any reason without previous notice. VideoDubber reserves the right to change fees without any prior notice. Cancellation and Termination: You are responsible for the cancellation of your account. You may cancel your VideoDubber subscribtion at any time by clicking on the “Manage Subscription” link in the VideoDubber Dashboard, and you will not be charged for a renewal after the end of the current subscription period. There is no cancellation fee. Cancellation is immediate. VideoDubber may terminate your account for any reason at any time. No refunds are applicable for the current subscription period. Calcellation only means suspending renewal at the end of the current subscription.
The VideoDubber Service may invite or enable you and other users to create, submit, record, post, display, transmit, perform, publish or distribute communications (including but not limited to voice communications), content and materials (including without limitation text, writings, photographs, graphics, images, comments, chat text, personally identifiable information, etc.), including by making the foregoing available to VideoDubber and other users of the VideoDubber Service, whether via e-mail or through online forums, chat rooms or features, message boards, messaging services, blogs or other functionality of the VideoDubber Service or portions thereof (collectively, “User Content”). VideoDubber has no obligation to accept, display, review, maintain or otherwise exploit any User Content.
You understand that all User Content available in connection with the VideoDubber Service is the sole responsibility of the person from whom such User Content originated. VideoDubber has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, validity, legality, decency, integrity or any other quality. VideoDubber makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the VideoDubber Service is at your own risk and that by using the VideoDubber Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You bear all risks associated with the use of any User Content available in connection with the VideoDubber Service. VideoDubber shall not be liable in any way for any User Content made available via the VideoDubber Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.
Notwithstanding the foregoing, VideoDubber reserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove from the VideoDubber Service, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason, including without limitation the violation of these Terms, or for no reason, at any time. You may bring User Content that you believe violates these Terms, or other inappropriate user behavior, to VideoDubber’s attention by contacting VideoDubber at [email protected].
User Content that you make available in connection with the VideoDubber Service is referred to herein as “Your Content.” You agree that Your Content is not confidential. You further agree that Your Content will not be returned to you. You represent and warrant that Your Content is original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms without VideoDubber incurring any third party obligations or liability arising out of its exercise of such rights and licenses. VideoDubber does not claim any ownership rights in Your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit Your Content. VideoDubber has no obligation to monitor or enforce your intellectual property rights in or to Your Content. VideoDubber shall not be responsible for another user’s misuse or misappropriation of any of Your Content.
You hereby grant to VideoDubber a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose Your Content via the VideoDubber Service or by any other means. You also hereby grant to VideoDubber the right to sublicense and authorize others to exercise any of the rights granted to VideoDubber under these Terms. You further hereby irrevocably grant to VideoDubber the unconditional right to use and exploit your name, voice, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you.
VideoDubber may use data provided by third parties in the content on the Site and in the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. VideoDubber does not monitor or have any control over any Third Party Content or third party websites. VideoDubber does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
To the extent you are allowed to post Third Party Content on the Site, you agree to abide by all terms of service and/or end-user license agreements of said third parties, and you further warrant that you have the right to post the Third Party Content on the Site and you indemnify and will hold VideoDubber harmless for any damages resulting from posting said Third Party Content on the Site.
VideoDubber will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding VideoDubber or our products or services that you provide, whether by email, posting through the Site or otherwise (“Feedback”). Any Feedback you submit is non-confidential and shall become the sole property of VideoDubber. VideoDubber will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights).
You should carefully read our full Privacy Policy before using VideoDubber as it is hereby incorporated into these Terms by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to VideoDubber, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that VideoDubber may process such information, within the terms of the Privacy Policy.
You acknowledge that VideoDubber and/or its licensors own all rights, title and interest in and to the VideoDubber Service, including all intellectual property rights (the “VideoDubber Rights”). VideoDubber Rights are protected by Indian and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the VideoDubber Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the VideoDubber Service. The VideoDubber Rights include rights to (i) the Service developed and provided by VideoDubber; and (ii) all software associated with the VideoDubber Service.
You acknowledge that the VideoDubber Service and any underlying technology or software used in connection with the VideoDubber Service contain VideoDubber’s proprietary information. We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the VideoDubber Service. This license has the sole purpose of enabling you to use and enjoy the benefit of the VideoDubber Service as provided by us, in the manner permitted by these Terms.
The VideoDubber trademark, VideoDubber logo, and any other VideoDubber product or service names, logos or slogans that may appear on the VideoDubber Service are trademarks of VideoDubber and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or any other “hidden text” utilizing “VideoDubber” or any other name, trademark or product or service name of VideoDubber without our prior written permission. In addition, the look and feel of the VideoDubber Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of VideoDubber and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You acknowledge and agree that your use of the VideoDubber Service, including without limitation any and all features, functionalities, tools, materials, services, content, software and User Content, is at your own risk. You further acknowledge and agree that the VideoDubber Service, including without limitation any and all features, functionalities, tools, materials, services, content, software and User Content, are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied, including without limitation any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, completeness, currency or utility of information, any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and any implied warranty arising from course of dealing or usage of trade, all of which VideoDubber and its affiliates disclaim.
VideoDubber and its affiliates do not warrant that the VideoDubber Service, including without limitation any and all features, functionalities, tools, materials, services, content, software and User Content, is free from bugs, viruses, errors, or other program limitations, nor do VideoDubber or its affiliates warrant access to the internet or to any other service or content through the VideoDubber Service.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
In no event shall VideoDubber or its affiliates be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from (a) your use or inability to use the VideoDubber Service, including without limitation any and all features, functionalities, tools, materials, services, content, software and User Content; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the VideoDubber Service; (d) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the VideoDubber Service by any third party; or (e) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the VideoDubber Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not VideoDubber or its affiliates are advised of the possibility of such damages.
In no event shall the aggregate liability of VideoDubber and its affiliates exceed the greater of one hundred U.S. dollars (U.S. $100.00) or the amount you paid VideoDubber, if any, in the past six months for the VideoDubber Service giving rise to the claim. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that VideoDubber and its affiliates shall not be liable for User Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The VideoDubber Service is controlled and offered by VideoDubber from its facilities in India. VideoDubber makes no representations that the VideoDubber Service is appropriate or available for use in other locations. Those who access or use the VideoDubber Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
The limitations and exclusions of liability above shall apply irrespective of the theory of liability, including contract (including fundamental breach), warranty, product liability, strict liability, tort (including negligence), or other theory, even if we (or our affiliates) have been advised of the possibility of such damages.
The limitations and exclusions of liability above are fundamental elements of the basis of the bargain between VideoDubber and you. The VideoDubber Service would not be provided without such limitations and exclusions of liability.
You agree to defend, indemnify, and hold harmless VideoDubber, its officers, directors, employees, agents, affiliates, and its third party service providers, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with your access to or use of the VideoDubber Service, including without limitation your use of any User Content, or your violation of these Terms.
The software that makes the VideoDubber Service available is subject to Indian export controls. No software may be downloaded from the VideoDubber Service or otherwise exported or re-exported in violation of Indian export laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the VideoDubber Service, including as it concerns online conduct and acceptable content.
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under 13 years of age, please do not use the VideoDubber Service. If you are under 18 years of age, you can use the VideoDubber Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. VideoDubber reserves the right to refuse service to anyone and to terminate accounts in its sole discretion.
These Terms constitute the entire agreement between you and VideoDubber, superseding any prior agreements between you and VideoDubber with respect to the VideoDubber Service. These Terms, and your relationship with VideoDubber under these Terms, shall be governed by the laws of the state of Karnataka, India without regard to its conflict or choice of laws provisions. Any dispute with VideoDubber, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms shall be resolved exclusively through the state and federal courts of the state of Karnataka, India.
The failure of VideoDubber to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the VideoDubber Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms, please contact us at: [email protected].
