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Terms & Conditions

Please read these Terms and Conditions carefully before purchasing, accessing or using our website or any of our Subscription Services, Products or Programs.

 

EditAmigo, a video editing agency based in India (referred to as “EditAmigo”, the “agency”, or “Company”, “we”, “our”, “us”), reserves the right to change or modify this Agreement, and any policy or guideline incorporated by reference, at any time at its sole discretion.

 

You (referred to as “Customer”, “Client”, or “your”) accept our Terms and Conditions, detailed herein, upon clicking the checkbox in our checkout process (which is required to complete the form). You agree that you’ve reviewed and understand the content within our knowledge base outlining details on how our service works and our scope at https://www.editamigo.com/.

 

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms & Conditions”), govern your access to and use of https://www.editamigo.com/ (the “Website” or “Site”) including any content, functionality, services and product offered on or through our Website.

 

These Terms & Conditions (“Terms & Conditions”) state how you may use our Website, Services, Products and Programs and any Material, and its content. Please read these Terms & Conditions carefully. We reserve the right to change these Terms & Conditions from time to time. We may send out emails informing you of changes in the terms and conditions. However, you are responsible for regularly reviewing the Site to obtain timely notice of such changes or modifications. Your continued use of the Services following EditAmigo posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY PROVIDE NOTICE OF CANCELLATION OF THIS AGREEMENT.

 

These Terms & Conditions require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by subscribing, enrolling in, purchasing and/or using our Website or any of our Services, Products Programs and Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.

 

Any changes or modification will be posted by EditAmigo to www.editamigo.com/terms-and-conditions and become effective upon posting of the revisions on this document. The materials appearing on our website could include technical, typographical, or photographic errors. EditAmigo does not warrant that any of the materials on its web site are accurate, complete, or current. EditAmigo may make changes to the materials contained on its Website at any time without notice. EditAmigo does not, however, make any commitment to update the materials.



 

All policies extend to end clients for white label and reseller users.

Client Media Responsibility

Client represents and warrants that they have full rights and licenses to use all media assets provided to EditAmigo. EditAmigo shall not be held liable for any copyright infringement claims resulting from the use of client-supplied materials, including but not limited to images, music, or footage. This includes, but is not limited to, the material supplied by the client over mail, on the website platform, or on other communication channels such as Trello, Slack, Notion, or Whatsapp (collectively referred to as “Platforms”). By posting or submitting any material on or through any of these aforementioned platforms, in the form of comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

 

When you submit to us or post any comment, photo, image, video or any other submission for use on or through any of the aforementioned platforms, you are granting us, and anyone authorised by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Services, Products, and/or Materials This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

 

You also grant us, and anyone authorised by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Website, Services, Products, or Materials at any time for any reason whatsoever.

 

Notwithstanding the foregoing, all personally identifiable information provided to EditAmigo will be handled in accordance with your explicit consent.

 

Permission is granted to you to download and use the materials on this Website for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.

 

You may not:

  • Modify or copy, adapt or represent any of our Services, Products or Materials in any way as if they are yours or created by you.

  • Use the Materials for any commercial purpose, or for any public display (commercial or non-commercial). You will not engage in improper and/or unauthorised use of our Services, Products or Materials. Improper and unauthorised use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Services, Program Materials or any other information accessed or purchased through our Website, Service, Products or Materials, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.

  • Duplicate, share, trade, sell, or otherwise distribute our Service, Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Service, Program and Materials for their own personal use or business/commercial use. This means you cannot share or sell any part of our Service, Program and Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Service, Program and Materials.

  • Attempt to decompile or reverse engineer any software contained on EditAmigo’s website.

  • Remove any copyright or other proprietary notations from the materials.

  • Transfer the materials to another person or “mirror” the materials on any other server.

 

Any request for written permission to use our Website, Services, Products, or Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by sending an email to hola@editamigo.com.

 

If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission.

 

If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website, Services, Products, or Materials.

 

By subscribing to our services Products, or Materials including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in Services, Products, or Materials in our current or future Services, Products, or Materials, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.

Links


 

EditAmigo may provide links and pointers to other websites maintained by third parties that may take you outside of our Website, Services, Products, Programs or Materials. These links are provided for your convenience and the inclusion of any link in our Website, Services, Products, Programs or Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included in our Website, Services, Products, Programs or Materials. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

 

EditAmigo has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by EditAmigo of the site. Use of any such linked website is at the user’s own risk.

Use

Your subscription and any addons will automatically renew at the end of the applicable subscription period. EditAmigo works on, at most, one or two active requests at a time, depending on the plan as detailed on https://www.editamigo.com/plans-pricing. Turnaround times are not guaranteed, but a majority of our customers get their drafts and revisions between 1 to 2 business days, depending on the length and complexity of the projects.

Payments

 

At the beginning of every billing cycle, we raise an invoice in your name, and your payment of the invoice constitutes your agreement to the continuation of our Services. You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of EditAmigo to perform under this Agreement. Payments are non-refundable, and we do not provide refunds or credits for any partial subscription periods. You further agree that, upon registering for the services through the Site, you authorise EditAmigo to charge your chosen method of payment via our designated payment platform for the applicable fee on each anniversary of your registration date, based on your selected billing frequency (e.g. monthly, quarterly, annually). Your account and access to the services provided via the site shall be suspended in the event of non-payment of applicable fees. You represent and warrant to EditAmigo that such payment information is accurate and that you are authorised to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. EditAmigo may change its fees from time to time by posting the changes on the Site with 5 days prior notice, but with no advance notice required for temporary promotions or reductions in fees. You, the client, are responsible to use EditAmigo after payment.

 

If you need any additional services beyond your purchased plan limits, you will incur an extra charge for it. This may include overstepping the final video length limit, the raw footage limit, or any additional features that are beyond the scope of your purchased plan as detailed in https://www.editamigo.com/plans-pricing. This charge will be agreed upon between you and EditAmigo over email, official call, or text messaging on any one of the officially designated channels, and will be non-refundable. If there is a consistent need for additional editing or design services, we recommend that you upgrade your plan.

 

Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website, Services or Products you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

Cancellation

You may choose to cancel your subscription with EditAmigo only at the end of the billing period by not paying for the next billing cycle until 48 hours after we raise the invoice. Upon cancellation, you lose access to EditAmigo services and your files. Access to your account files requires an active subscription.

Refunds 

EditAmigo reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remainder of the billable cycle. Furthermore, Wise fees associated with the transaction will not be refunded. EditAmigo reserves the right to take appropriate legal actions against Client for breach of this paragraph.

Ownership & Trademarks

 

Customer maintains the ownership rights in any User Content that such Customer submits to the site and the finished product EditAmigo produces. You agree that any materials provided to EditAmigo are proofed and approved to be used in your assets and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our assets. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to EditAmigo that all materials provided do not infringe on the intellectual property rights of third parties.

 

You are prohibited from posting or transmitting to or from any of our aforementioned platforms any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. If we find that any such material has been received from your end, we reserve the right to not process your request. Further, the ownership of such material lies solely with you.

 

If we find that you are not in alignment with our model, sharing accounts/logins, violate our core values, or are abusing our services or team in any way, including using our services for illegal or adult/pornographic materials, we reserve the right to cancel your account.

 

By submitting a Task to EditAmigo, the Customer gives us the rights to User Content to the extent necessary to complete the Task. Each Customer authorises us to retain archival copies of all User Content that such Customer has submitted.

 

By default, you agree to provide EditAmigo with a non-exclusive right and license to publish your work in our portfolio, website logo block, social media, email, or other communication efforts. If you would like to revoke this right, please notify our team in writing to hola@editamigo.com.

Stock

 

Subscriptions to stock photography or media are under a specific use license. Managed stock photography or assets are licensed to be used in the specific video files created by EditAmigo from a client request. Individual photos or assets will not be provided.

 

You agree to indemnify, defend, and hold harmless EditAmigo and its affiliates, officers, members, managers, agents, successors, and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.

Work & Delivery output

 

While we accept unlimited requests and revisions, your output volume depends on many factors, namely depending on our total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines. You agree to indemnify us in the event of any losses or expenses arising out of delay in our service. Your right to use the EditAmigo services shall terminate upon your breach of any term of this Agreement.

 

While we do our best to minimise any mistakes, due to the nature of creative design, we can not guarantee all files delivered will be 100% error free. Upon file delivery you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. EditAmigo is not responsible or liable for any losses or expenses incurred from errors or omissions.

 

We cannot record voiceovers.

 

We cannot do animations.

Non-solicitation

 

You agree that during the term of your subscription and for a period of 12 months following termination, you will not, directly or indirectly, solicit for employment or contract, hire, or engage any EditAmigo employee, contractor, or representative who has been involved in providing services to you, without prior written consent from EditAmigo. This includes any attempt to circumvent EditAmigo to work with our personnel in a freelance, part-time, full-time, or consulting capacity.

 

Violation of this clause will result in a $5000 fee, which you agree is a reasonable estimate of damages incurred.

Disclaimer

While we try to ensure that the availability of our website and services is uninterrupted and error-free, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Website, Services, Programs, Products and Materials become unavailable or access to them becomes slow or incomplete due to any reason, such as system backup procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website, Services, Programs, Products and Materials inaccessible to you.

Limitation of liability

IN NO EVENT SHALL EDITAMIGO OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON EDITAMIGO INTERNET SITE, EVEN IF EDITAMIGO OR A EDITAMIGO AUTHORISED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF EDITAMIGO UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.

Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless EditAmigo and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “EditAmigo Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims“) arising out of or related to (a) your access to or use of our Services; (b) White label access to our service (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or (e) your conduct in connection with our Services. You agree to promptly notify EditAmigo of any third party Claims, cooperate with EditAmigo in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that EditAmigo will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and EditAmigo.

Confidentiality

 

We uphold confidentiality in all communication regarding your brand and business. We will only communicate to those who have been authorised on your account and will not share any information provided with anyone outside our organisation.

 

To use our Website, Services, Programs, Products or Materials, we may seek personal data or information including your name, email address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in our Services, Programs, Products or Materials  (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms & Conditions which may be found on our Website. If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Confidential Information found to be incorrect.

 

Calls and meetings with clients are not confidential, and we have the right to use the recordings of the calls publically, either as case studies, YouTube videos, or in any other form. All calls and meetings will be recorded for future reference or any other use we see fit.

What we do with confidential information

We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Website, Services, Programs, Products or Materials, (3) to periodically send promotions about new Services, Programs, Products or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customise the respective Website, Services, Products or Programs you purchase or use according to your interests and/or (6) for support or communication related to Website, Services, Program, Product or Materials.

Storage

All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver email or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.

Confidentiality and Disclosure

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information: (1) pursuant to this terms of these Terms & Conditions,  (2) if we are required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (5) to protect and defend our rights or property or those of our users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.

Viewing by Others

Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Services, Programs, Products or Materials, our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.

How we use cookies

We may use the standard “cookies” feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our Website, Services, Programs, Products, or Materials may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Website, Services, Programs, Products or  Materials.

Passwords 

To use certain features of our Programs, Products, Services, or Program Materials, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change the username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You are advised not to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Service, Program, Product, Materials, Website, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.

In the event materials are made available to this Site by third parties not within our control (ie: stock footage, creative commons license), we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.

 

If you believe in good faith that materials on our Services infringe your copyright, you may notify us by email and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or take other appropriate actions and communicate the same to you. You should provide us with written notice, in accordance with the Indian Copyright Rules, 2013, that contains at a minimum:

  1. the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);

  3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow EditAmigo to locate the material on the Services;

  4. the name, address, telephone number, and email address (if available) of the complaining party;

  5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

  6. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

All copyright notices should be sent to: hola@editamigo.com

 

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims.

 

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Governing Law

Any claim relating to EditAmigo web site shall be governed by the Indian laws without regard to its conflict of law provisions.

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