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Terms and Conditions

Welcome to lab.video (from this point onwards "the Service.") The Service offers its users solely a web application which allows users to manipulate media files and streams through online software.

The current Terms and Conditions stipulate the legally binding conditions between Yourself (the "User") and the websites, services, and applications of lab.video (from this point forward, lab.video).

lab.video is a commercial name operated by Motion Spell S.A.R.L.

Motion Spell address:

19 rue A. CHABRIERES
75015 PARIS
FRANCE
VAT EU FR50792815383

1. Use of Our Service

1.1 General

This page explains the terms by which you may use our online and/or offline services, website, and software provided on or in connection with our services. By accessing or using lab.video you agree to be conformant to this Terms and Conditions agreement ("Agreement") whether or not you are registered on our services. In the case of disagreement with all or part of these Terms and Conditions, you should abstain from using the Service.

By means of acceptance of the current Terms and Conditions, the User agrees to comply with the following service rules:

If the regulations in the Terms and Conditions are in contradiction with the privacy policy, Terms and Conditions will prevail.

Failure to comply with these obligations may result in the cancellation of the Contract, as is established in Clause 9.

Don't try to hack our servers, programs, send spam or break any other rules, regulations, or laws.

1.2 Service Rules

Your use of the Service is subject to this Reasonable Use Policy, which has been created to ensure that our service is fair for both users and developers.

The following is not permitted in connection with lab.video:

If we determines that you are in breach of this policy, we may temporarily or permanently suspend or terminate your account or your subscription to the Service.

1.3 Cookies

Motion Spell’s lab.video website is a Software as a Service (SaaS), and uses cookies, which are essential for the operations of the service and for its correct functionality. A minimal number of other non-essential cookies will be placed under your consent. In case you do not accept, manage or reject the use of cookies, consent will be granted by using our software; yet you can give or withdraw consent to these from our Cookie Policy page anytime.

2. Accounts

2.1 General

Motion Spell accounts give the user access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of accounts for different types of Users. The different account types allow the user to work within different file size and file number limitations. Our Service users' types are as follows:

User is solely responsible for the activity that occurs on his account and must keep his account password secure.

Motion Spell owns the right to totally or partially stop providing any of its Services whenever it considers it appropriate and would only give prior notification to Enterprise Users. In the previous operations, the corresponding taxes will be applied to the Users, assuming payment whomever, in conformity with the current regulation, is considered a passive subject of these operations.

You are responsible for whatever is done on your Account, so make sure you have a strong password and don't let anyone else use it.

3. User Content

3.1 General

Motion Spell does not analyse the content of files whilst processing them and only Users will have access to the edited files once they have been processed. lab.video will automatically delete processed files from their servers after a period of 2 (two) hours.

Users bear the sole responsibility for the usage of their own files.

3.2 Content manipulation

Motion Spell provides all the necessary information to assist the user in processing files, and only the User is responsible for contacting Motion Spell in case of technical problems. Motion Spell is highly concerned about file security, thus data won’t be shared with unnecessary servers, are secured and strategically placed. User will be able to modify his User type or cancel his account at any time, by means of the contact form.

3.3 Responsibility for the content of the files

lab.video does not analyze the content of processed files and thus is not responsible for its tools misuse nor copyright infringements which may affect third-parties. The User will be responsible before Motion Spell of any penalty, sanction, and/or fine which the courts or other competent authorities could issue against Motion Spell for noncompliance with any part of this Agreement.

In particular, users agree to use the Service in conformity with current laws and conformant to the rules aforementioned in section 1.1.

4. Paid Services

4.1 Billing Policies

Becoming Premium is only possible by paid subscription. Subscriptions start when first payment is made. These are recurring billing transactions. Unless otherwise stated, your subscription and the relevant billing authorization will continue indefinitely until canceled by you. By paid subscription, you authorize us to bill you for the service purchased at the acquisition Price. The billing rate is subject to change during the subscription period. However, existent Premium users would pay the same amount that the billing rate subscribed. Payment will be charged to your payment method until you cancel your subscription unless stated otherwise. Your service will be billed each period based on the acquisition date and cost. You may cancel your subscription at any time, but the cancellation will not become effective until the end of the current billing period. You will not receive a refund for the current billing period. Any unused portion of a free Premium trial period, if offered, will be forfeited when purchasing a subscription. We reserve the right to issue refunds or at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

4.2 Refunds

You may cancel your Premium account at any time; however, there are no refunds for cancellation. In the event that Motion Spell suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription and any license or subscription fees for any portion of the Service.

4.3 Payment information, taxes

All information provided by the User in connection with a purchase or transaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your payment method used in connection with a purchase or with the Service. You will pay applicable taxes, if any, relating to your purchases.

5. No warranty

5.1 General

Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind. Motion Spell does not warrant that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service. Motion Spell does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the lab.video service or any hyperlinked website or service, and Motion Spell will not be a party to monitor any transaction between you and third-party providers.

6. Limitation of liability

6.1 General

To the maximum extent permitted by applicable law, in no event shall Motion Spell or its employees be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for use, data or other intangible losses, arising from or relating to any breach of this agreement. Under no circumstances will Motion Spell be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein

7. License of limited use

Motion Spell is the exclusive owner of all of the rights to the web application which allows the functionalities offered online and, in particular, the right to total or partial reproduction, by any means, and in any form; the translation, adaptation, arrangement, or any other transformation of the program and the reproduction of the results of such acts; the distribution in any of the forms admitted by law; the right to publish through all types of media: analog and digital, online and offline; and the right to the program's use. The program's license of use for users does not refer to the Intellectual Property rights of the Service, the users remain solely authorized to use Service software. For any distinct uses, Motion Spell SARL. must authorize their exploitation, as in ceding those rights to third-parties. Therefore, the execution, reproduction, exploitation, alteration, distribution, or public communication of the totality of the copyright property of Motion Spell remain prohibited for uses distinct from those authorized by the current Agreement. In particular, it is not permitted to: make copies of the program, translate its source code, transform it, or distribute it without the precise authorization of Motion Spell. The breach of these obligations for the Users may lead to, at the discretion of Motion Spell, the relevant claims established by the relevant copyright regulations, the suspension of Service, or the termination of the Contract, as established in Clause 9.

8. Intellectual and industrial property rights

8.1 General

The contents of this site, including the contents, brands, logos, drawings, texts, images, databases, codes, and any other material belong to Motion Spell or to third-parties who have authorized their use. In a general manner, their utilization with commercial ends, their public communication or distribution, or any other form of exploitation by any process, such as transformation or alteration, all remains prohibited. We expressly disclaim liability for consequential damages resulting from using or misusing our services.

Motion Spell and lab.video are registered trademarks.

8.2 Advertising and Promotional Use of User's Trademarks

If the User of the Services is a company or legal entity owning certain trademarks or logos (the "User's Trademarks"), Motion Spell may use the User's Trademarks in its promotional materials, public client lists, presentations, press releases, and similar materials to indicate the User is an Motion Spell (or lab.video) client. The User grants Motion Spell a non-exclusive, free, worldwide license to use and reproduce the User's Trademarks for these purposes.

9. Termination

9.1 General

Motion Spell will be capable of unilaterally and, at any point, resolving the current Contract in the following cases. a) In the event that the User breaches any of the obligations and guarantees established in this Agreement. b) If intellectual property rights or any other third-party rights are infringed upon. c) If User fails to make the timely payment of fees for the Software or the Services. d) If we are required to do so by law (for example, if providing software to a specific region becomes unlawful) e) If we choose to discontinue the Services or Software, in whole or in part, (such as if it becomes impractical for us to provide Service or our website becomes censored in a region).

The resolution of the Contract will not affect the ability of Motion Spell to claim the corresponding damages and losses. Users will be qualified to cancel their account, at any point, from their Account page or through the contact form available online.

10. Claims

In case of claims and complaints stemming from the current Contract, or to request information about the Service, the User will be able to contact Motion Spell through the online form.

12. Miscellaneous

The User will not be able to cede, subrogate, or transmit the rights contained in the current Contract to third parties without the previous written consent of Motion Spell. Same as the previous point. We are a registered trademark, you can't copy our brand identity.

The offense or delay in the exercise of any right or in the demand for the completion of any of the obligations arising from this Contract will not constitute a renunciation of that right or demand for the completion of the obligation, nor the renunciation of any other rights or demands for the completion of obligations. This Contract, including the Privacy Policy which will be incorporated for reference into the current Contract, constitutes the final, complete, and exclusive agreement between the parties in relation to the object of the Contract, and substitutes any of the previous agreements or negotiations between said parties. If any of the clauses of the present Contract might become null due to a contravention of the applicable legislation, said clause will be assumed not to be in effect, but will not affect the rest of the Contract, which will be assumed to be in full effectivity and validity between the parties.

These Terms and Conditions are the only agreement between both parties (yourself and us), and will be the only one taken into consideration.

13. Applicable legislation and jurisdiction

The current Contract has a commercial character and should be interpreted and complied with according to its terms, and, in case of the unexpected, will be regulated by French law. In the steps permitted by governing laws, for the resolution of any controversies deriving from the validity, interpretation, completion, or execution of this Contract, the parties, with express resignation to any other jurisdiction to which they may correspond, expressly subject themselves to the jurisdiction and power of the judges and courts of the city of Paris.