These Terms of Use (herein referred to as the “Terms”), apply to the AIVideo client application and related services (collectively the “App”). small wisdom technology Co., LTD(“AIVideo,” “we,” “us,” or “our”) permits you to use the App solely for your individual, non-commercial, personal entertainment use subject to your strict compliance with these Terms.
Before you start to use the App, please be sure to read and fully understand this agreement, especially the terms related to the exemption or limitation of liability, the rights license and the use of information, the application of law and dispute resolution terms, etc. Among them, important content such as the exemption or limitation of liability clause will be reminded to you in bold, and you should focus on reading it. If you are a minor, you may only use the App through the account of a parent or the legal guardian, with their involvement, and after the parent or legal guardian has agreed to the terms of this Agreement.
Unless you fully accept the entire contents of these Terms, you have no right to download, install, use the "AIVideo App, or use the AIVideo service in any way, or obtain any service provided by "AIVideo (collectively referred to as "use" in this agreement). If you download, install and/or use the "AIVideo application and/or related services, you are deemed to have fully understood and agree to be bound as a party to (i) this Agreement and (ii) the AIVideo Privacy Policy located at (the “Privacy Policy”). If you do not agree to any of these Terms or the Privacy Policy then you should not use the App or service and should immediately delete the App from your computer or mobile device.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION. YOU AGREE THAT DISPUTES BETWEEN YOU AND AIVideo WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The AIVideo App provides a wealth of mobile multimedia editing functions.
(1) Eligibility
You may use the App only if you can form a binding contract with AIVideo, and only in compliance with these Terms and all applicable local, national, and international laws, rules and regulations. The App is not available to any users previously removed from the App by AIVideo. In order to use the App, you must have a compatible device which meets the minimum specifications set forth at the respective mobile application store where you obtained the App. Any compatible device to which you download the App will be known as a "Device" for the purposes of these Terms. You confirm that you either own the applicable Device or if not owned by you, you have obtained permission to install and use the App on such Device. You accept responsibility for any use of the App on or in relation to such Device, whether or not such Device is owned by you or such use was made by you.
(2) AIVideo App
Subject to your strict compliance with these Terms, AIVideo grants you limited, non-exclusive, non-transferable, personal, revocable license to use the App on the Device for non-commercial, personal entertainment use. AIVideo reserves the right to revoke this license at any time, in its sole discretion. Any materials or other information that you download and use through the App or as part of the related service is limited for your own personal entertainment and cannot be used for any commercial purpose without the advanced express written consent of AIVideo, which consent may be within in its sole and absolute discretion. Unless expressly permitted by these Terms, you may not use, copy, adapt, modify, distribute, create derivative works, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise use the App and related service or content. AIVideo has not granted you any rights to any intellectual property owned or controlled by AIVideo, except for the licenses and rights expressly granted with respect to the App in these Terms, whether by implied license or rights granted by implied or other forms.
(3) Usage Rules
You agree not to engage in, and your license to use the App is contingent upon you not engaging in, any of the following prohibited activities:
(i) copying, distributing, renting, sub-licensing, translating, providing on a time-share basis, modifying, altering, or disclosing any part of the App in any medium, including without limitation by any automated or non-automated “scraping”;
(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the App in a manner that sends more request messages to the AIVideo servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
(iii) transmitting spam, chain letters, or other unsolicited email;
(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the App;
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents through the App;
(vii) collecting or harvesting any personally identifiable information, including account names, from the App;
(viii) using the App for any commercial purposes without having all necessary rights and licenses to the User Content and from AIVideo;
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(x) interfering with the proper working of the App;
(xi) accessing any content on the App through any technology or means other than those capabilities provided by the App;
(xii) bypassing the measures we may use to prevent or restrict access to the App, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein;
(xiii) disassembling, decompiling, reverse-engineering, or otherwise trying to find the source code of the App.
The App may contain links to independent third party websites, applications or content (“Third Party Content”). Third Party Content are not under our control and you agree that we are not responsible for and do not endorse or monitor their content or privacy policies. We expressly disclaim any liability for loss or damage sustained by you as a result of accessing and use of Third Party Content.
You are solely responsible for your use of the App and any data, text, files, information, images, photos and video clips, sound recordings, musical works, narration, works of authorship, links and other content or materials that you create, generate, modify, submit, publish, distribute, post or display on or via our App (“User Content”). Before using AIVideo to edit the material, please confirm that you have obtained the authorization of the original material right holder, all individuals depicted in such material, and any other authorizations required by law. You are expressly prohibited from using the App for purposes that violate laws and regulations or infringe the rights of others. AIVideo shall have no liability for conduct in relation to your use of our App.
(1) You should be responsible for your use of the App and related services. Unless permitted by law or with the company's prior express written permission, you agree not to:
Use the App to engage in dangerous, fraudulent, or illegal activities or to directly or indirectly promote such activities;
Use the App to transmit hate speech or to support hateful, libelous, or discriminatory activities;
Use the App to record, create, generate, modify, publish, post or transmit any information that is defamatory, threatening, harassing, bullying, advocates violence or terrorism, abusive, offensive, obscene, indecent, exploitation or abuse of a child, sexually explicit content, discriminatory, illegal, contains a false statement of fact, provides a false impression of an individual, is liable to deceive individuals, impersonates an individual or organization, disseminates private information, or is otherwise objectionable or infringes on or violates third party rights;
Use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other user from using the App (including by hacking or defacing the App);
Use the App in connection with material that you do not own or otherwise have rights to use or that depicts an individual that has not expressly consented to such use;
Collect or harvest any information or data from the servers running the App, including, without limitation, by using any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather the App content or reproduce or circumvent the navigational structure or presentation of the App;
Use any plug-ins, plug-ins, systems, or third-party tools that are not authorized or licensed by AIVideo to interfere, destroy, modify, or otherwise affect the normal operation of the App and related services;
Use or target "AIVideo and related services to conduct any actions that endanger the security of computer networks;
Provide any convenience for others to publish the above-mentioned information content that does not comply with national regulations and/or the terms of service, including but not limited to setting URLs, BANNER links, etc.;
(2) You are not allowed to make any changes to the source webpage of AIVideo and related services in any form, including but not limited to the homepage links of AIVideo and related services, advertising system links, etc., obstructing the display of the page or App by any form of occlusion, insertion, pop-up window, etc.;
(3) The data content of the App shall not be used for purposes outside the scope of AIVideo's written permission, for any form of sales and commercial use, or provided or disclosed to or allowed to be used by a third party.
(1) The App contains material owned or licensed by AIVideo (“AIVideo IP"). AIVideo IP may be protected by copyright, trademark, patent, trade secret and other laws, and as between you and AIVideo, AIVideo owns and retains all rights in the AIVideo IP. You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the App. The AIVideo name and logo are trademarks of AIVideo, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AIVideo. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of AIVideo, and may not be copied, imitated or used, in whole or in part, without prior written permission from AIVideo.
(2) You may choose to or we may invite you to submit comments or ideas about the App, including without limitation about how to improve the App or our products (“Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place AIVideo under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, AIVideo does not waive any rights to use similar or related ideas previously known to AIVideo, or developed by its employees, or obtained from sources other than you.
(1) We make no representation or warranty as to the completeness, accuracy or currentness of information or content provided in the App. Such information is also subject to change at any time without notice. We do not warrant that the functions contained in the App will be uninterrupted or error-free, that defects will be corrected or that the App is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the App. You agree to conduct your own due diligence to assess the accuracy, reliability and quality of all content provided by the App. You (and not us) assume the entire cost of all necessary servicing, repair or correction in respect of your Device. Some jurisdictions do not allow the above disclaimers, so they may not apply to you.
(2) You agree that you use the App, content and/or any Third Party Content at your own risk. You further understand and agree that we are not responsible or liable for your illegal, unauthorized, or improper use of information transmitted, monitored, stored or received using the App.
(3) THE APP IS PROVIDED “AS IS” AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AIVideo AND ITS’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, THIRD PARTY PROVIDERS AND AFFILIATES, EXCLUDE ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY RELIANCE ON OR USE OF THE APP SHALL BE AT YOUR SOLE RISK. AIVideo AND THE APP STORE, SHALL NOT HAVE ANY OBLIGATION TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE APP. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSS OR DAMAGE SUSTAINED BY YOU AS A RESULT OF THE ACCESSING AND USE OF THE APP.
(4) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU PERSONALLY FOR ANY LOSS, INJURY OR DAMAGES(INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, LOST REVENUES, LOST DATA, OR OTHER INCIDENTAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE APP OR CONTENT. IN NO EVENT WILL AIVideo’S LIABILITY TO YOU ARISING UNDER THESE TERMS EXCEED IN AGGREGATE THE FEES YOU PAID TO AIVideo IN THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH SUCH LIABILITY ORIGINALLY AROSE.
(1) We reserve the right to temporarily or permanently, in whole or in part, modify, change the features of, suspend or discontinue the App without notice for any reason without liability to you, except where prohibited by applicable law. From time to time, updates to the App may be made available through the App Store. Depending upon the update, you may not be able to use the App until you have installed the latest version.
(2) AIVideo may block, terminate or suspend your access to the App or any User Content at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others. Upon termination, you must cease use of the App and remove it from all applicable Devices and you will continue to be bound by this Agreement.
(3) In addition, you acknowledge that the App and content are provided over the Internet and mobile networks and so the quality and availability of the App and content may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the App or content. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App and content, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App and content. In the event you choose to share information from the App by utilizing SMS/text functionality, you acknowledge and agree that you (and not us) are responsible for paying any related fees that may be charged to you by your network or telecommunications provider.
To the extent permitted by applicable law, you agree to indemnify us for any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys' fees) reasonably incurred by us that arise out of your use of the App or content in breach of these Terms other than those which arise from our gross negligence or our willful or reckless misconduct. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of the App and you agree to assist and co-operate with us in relation to any such claim.
(1) AIVideo respects other people’s rights and we expect you to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is located on the App, please notify us. And you must provide the following information in writing:
a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
b. Identification of the copyrighted work that you claim has been infringed;
c. Identification of the material that is claimed to be infringing, and where it is located in the App;
d. Information reasonably sufficient to permit AIVideo to contact you, such as your address, telephone number, and, e-mail address;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following Email: aivideouser@gmail.com.
(2) We respects and protects the legal rights and interests of legal persons and citizens such as intellectual property rights, reputation rights, name rights, and privacy rights. You warrant that the texts, pictures, videos, audios, links, etc. uploaded when using the App and related services do not infringe any third party's intellectual property rights, reputation rights, name rights, privacy rights and other rights and are legal rights and interests. You bear all legal responsibilities for all the claims made by third parties; if AIVideo and its affiliates and control companies suffer losses (including economic and goodwill losses) due to your tort, you should also pay the full amount (including all attorneys fees) for all losses suffered by the AIVideo, its affiliates, and control companies.
Privacy & Security
(1) We care about your privacy. For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information. The information that we request will be retained by us and used as described in our privacy policy.
(2) In addition, the app uses third party services that may collect information used to identify you. All personal information collected by the third party services are subject to the privacy policy of the respective third party application. Link to privacy policy of third party service providers used by the app are:
(3) AIVideo cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Terms of use for minors
The company attaches great importance to the protection of personal information of minors. We do not knowingly collect personal information from individuals who are under the minimum required age specified herein. You must be at least 14 years of age, or the age of majority in your jurisidiction (whichever is greater) to use the App and the related services. Individuals below that age may only use the App and related services through a parent or legal guardian’s account and with their involvement. In accordance with the Child Online Privacy Protection Act, in the event that we learn that we have collected personal information from a child under the age of 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe AIVideo may have collected personal information regarding your child, you may ask us to delete such information by using our support form.
(1) The establishment, entry into force, performance, interpretation and dispute resolution of this agreement shall be governed by the laws of mainland China. If any provisions of this agreement are invalid due to conflicts with the laws of the mainland of the People's Republic of China, these terms will be re-analyzed as close as possible to the original provisions of this agreement, and other provisions of this agreement shall still have full effect and effect.
(2) If you have a dispute with the company, both parties should try to settle the dispute in a friendly manner. If the negotiation fails, you agree that the dispute should be submitted to binding arbitration by the Shanghai International Economic and Trade Arbitration Commission (“SHIAC”). The arbitration proceedings shall be conducted in Chinese and shall take place inShanghai. Each party may present its case by telephone, based on written submission or in person. The arbitration award shall be final and binding upon both parties. We each agree that the any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court in the AIVideo’s domicile to enjoin infringement or other misuse of intellectual property rights.
(3) If you are a U.S. Government end user, we are licensing the App to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the App are the same as the rights we grant to all others under these Terms.
(4) The Terms, along with the terms of the Privacy Policy, constitute the entire agreement between us with respect to your use of the App. Such Terms supersede all prior understandings or agreements between us. In addition, in entering into these Terms you have not relied on and (in the absence of fraud) you shall have no right or remedy in respect of any statement, representation, assurance or warranty other than as set out in these Terms.
(5) We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or your obligations under these Terms. You may not transfer your rights or obligations under these Terms.
(6) If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
(7) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including your acts or omissions, any failure of public or private telecommunications networks, acts of God, war, riot, embargoes, epidemics, pandemics, acts of civil or military authorities, fire, earthquake, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor or material.
(8) These Terms apply to the App, including any updates or supplements thereto. AIVideo may change or revise these Terms from time to time in its sole discretion, with or without notice to you. You will be prompted to agree to the new terms when you access the App. Your use of the App after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them.