PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY OF OUR APPLICATIONS (THIS INCLUDES OUR WEBSITES AND PLATFORMS)
This quick summary is supplied for your convenience. It is not intended to replace the main terms below. So please refer to the main terms for full details.
You should ensure that you comply with the Terms of Service when you use and upload content to our Applications, Platforms or Website.
You retain any ownership rights that you may have in the content you upload to our Applications. We own or have license to use all intellectual property rights in all original work relating to our Applications. You therefore must not use any content on our Applications (other than any content that you have uploaded, created or edited on our Applications) for commercial purposes without obtaining a licence to do so from us or our licensors.
Where you use our Applications under a ‘Free’ subscription, you grant us a right to use any content you upload our Applications to improve those Applications and any of our related products and services (including to train and develop any AI models that power our Applications). This does not apply if you have a paid-for subscription (e.g., ‘Basic’, ‘Pro’ or ‘Business’); nor does it apply to our enterprise customers nor any of the content they provide us.
We have the right to disclose your identity to any third party who is claiming that any content posted/uploaded by you to our Applications constitutes a violation of their intellectual property rights or right to privacy.
We have the right to remove any posting, content or upload you make on our Applications for any reason.
We are not liable for any loss or damage that you may suffer.
Finally, you may contact us via the Contact Form on our website if needed.
1. TERMS OF SERVICE
2. OTHER APPLICABLE TERMS
3. WHO WE ARE & HOW TO CONTACT US
4. CHANGES TO THESE TERMS
5. CHANGES TO OUR APPLICATIONS
6. ACCESSING OUR APPLICATIONS
7. YOUR ACCOUNT
8. INTELLECTUAL PROPERTY RIGHTS
9. NO RELIANCE ON INFORMATION
10. LIMITATION OF LIABILITY
11. DISCLAIMER
12. INDEMNIFICATION
13. SUBSCRIPTION PLANS
14. UPLOADING CONTENT TO OUR APPLICATIONS
15. USER-GENERATED CONTENT ON OUR APPLICATIONS
16. MALICIOUS USE OR DIGITAL ATTACKS
17. LINKING TO OUR APPLICATIONS
18. OUR RIGHTS & OBLIGATIONS
19. SEVERABIlITY
20. NO PARTNERSHIP
21. FORCE MAJEURE
22. APPLICABLE LAW
23. USE OF THIRD PARTY SERVICES
These terms of service (together with the documents referred to in it) tell you the rules for using our websites (including subdomains eg: https://vidgen.framer.ai and https://*.vidgen.framer.ai), applications for mobile, tablet, desktop, browsers and other smart device systems through which we make our video tools and services available (“our Applications”), whether as a guest or a registered user. Use of our Applications includes (but is not limited to) accessing, browsing, or registering to use our Applications.
Please read these terms carefully before you start using our Applications. By using our Applications, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our Applications.
We try to make our Services broadly available to everyone, but you may not and must not use or access the Services if:
These terms refer to the following additional terms, which also apply to your use of our Applications:
VidGen ("we", "us" or "our" in these terms) is a website by Marvin Wehner, a private person living in Germany. Take a look at the Imprint for more information.
We are the registered owner of the vidgen.framer.ai domain and several other software applications related to the production, editing and distribution of video.
If you have questions for us, you may be able to find an answer on our FAQ, via our chat features in our Applications, or via one of our many how-to videos. We can also be contacted via our Contact Form on our website. When sending us an email, we would appreciate your providing us with:
We aim to respond to you within 28 days of receiving your email.
We may amend these terms from time to time by amending this page. We will endeavour to notify you or any changes in advance via email (assuming you have provided us with your email address).
Every time you wish to use our Applications, please check these terms to ensure you understand the terms that apply at that time.
The date on which these terms were most recently updated is stated at the beginning of this document.
We may update our Applications from time to time, and may change their content at any time, including (but not limited) to reflect changes to our products/services, our users’ needs and our business priorities.
However, please note that we are under no obligation to update any content on our Applications which may be out of date at any given time.
We do not guarantee that our Applications, or any content on them, will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or restrict the availability of all or any part of our Applications without notice but we will try to give you reasonable notice of any suspension or withdrawal.
You are responsible for making all arrangements necessary for you to have access to our Applications and to backup any content that you have uploaded onto our Applications.
You are also responsible for ensuring that all persons who access our Applications through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
To use our services, we may require you to create a user account. You shall provide us with the information we require in a complete and truthful manner.
If you choose, or you are provided with, a user identification code or similar as part of our registration and security procedures, you must treat such information as confidential. You are responsible for keeping your log-in details (including any log in and security tokens, URLs, password reset URLs, or any other piece of information) confidential and safe. You must not disclose this information to any third party.
By registering an account, you acknowledge and accept that an account registered by a bot or any other automated method is not permitted, that you are only allowed to register one account and that your account cannot be shared with any other person.
We have the right to suspend and/or terminate your access to your account and/or disable any user identification code, whether chosen by you or allocated by us, at any time, if:
You shall not be entitled to claim damages, reimbursement or similar for our suspension or termination of your account.
If you know, or suspect that anyone other than you knows, your user identification code, you must promptly change your login credentials and notify us via the Contact Form on our website.
You can delete your account or stop using the services at any time. You can do this by contacting us directly. If the services you are using have been paid for where you are using our services as an individual consumer, you may also want to cancel your subscription with us. Any cancellation is governed by the terms and conditions you agreed to when you purchased your subscription from us or as amended from time to time.
If you connect your VidGen account to your YouTube account you are bound by YouTube Terms of Service. For more information about the terms of service of YouTube please visit YouTube Terms of Service page.
We are the owner or the licensee of all intellectual property rights in original work on our Applications, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
You shall not access, use or disclose our original source code, technique, algorithms and procedures of or contained in or relating to our Applications.
You may download extracts from our Applications for your personal use and you may draw the attention of others to content posted on our Applications. However, you must not modify the copies of any materials you have in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Applications must always be acknowledged.
You must not use any part of the content on our Applications (other than any content that you have uploaded, created or edited on our Applications) for commercial purposes without obtaining a licence to do so from us or our licensors.
Subject to your compliance with these terms, we grant you a revocable, non-exclusive, non-sublicensable and non-transferable license to use our Applications within the scope and purposes of our Applications.
If you breach these terms, your right to use our Applications will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The content which we own on our Applications (our “Content”) is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of our Content.
Although we make reasonable efforts to update our Content, we make no representations, warranties or guarantees, whether express or implied, that our Content is accurate, complete or up-to-date.
Where our Applications contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
Similarly, where our Applications contain content uploaded by our users, such content is provided for your information only. Such content should not be interpreted as approval by us of any information you may obtain from them. We assume no liability over the content uploaded by our users.
Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws of Germany.
To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to our Applications or any content on it, whether express or implied.
We shall not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
Please note that we shall not be liable for indirect loss or damage including:
We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Applications or to your downloading of any content on them, or on any website linked to them.
We assume no responsibility for the content of websites linked on our Applications. Such links should not be interpreted as endorsement by us of those linked websites. We shall not be liable for any loss or damage that may arise from your use of them.
The Application, the Services, the information on the Website and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Application and its contents, including in relation to any inaccuracies or omissions in the Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
We do not warrant that the Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
While we may use reasonable efforts to include accurate and up-to-date information on the Application, we make no warranties or representations as to its accuracy, timeliness or completeness.
We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the application and the services offered in the application, your access to, use of or inability to use the application or the services offered in the application, reliance on or downloading from the application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Application, or electronic mail transmitted to and from us, will not be monitored or read by others.
WE (AND OUR SUPPLIERS WHO PROVIDE THIRD-PARTY SERVICES) MAKE NO WARRANTY THAT THE SERVICES AND/OR OUTPUTS WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES AND/OR OUTPUTS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 (NINETY) DAYS FROM THE DATE OF FIRST USE. VIDGEN DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT AND/ OR OUTPUT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD-PARTY SERVICES. VIDGEN DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. VIDGEN IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES AND/OR OUTPUTS, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. IN NO EVENT WILL THE COMPANY (OR SUPPLIERS PROVIDING THIRD-PARTY SERVICES), ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF VIDGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY USE OF THIRD PARTY CONTENT AND/OR (VII) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE THAT YOU WILL NOT HOLD THE COMPANY RESPONSIBLE OR LIABLE FOR ANY CONTENT YOU ACCESS THROUGH THE SERVICES AND YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS AND WILL NOT BE LIABLE FOR 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You and/ or any entity/ individual who you may represent or may be represented by you (“Indemnifier”) agree to indemnify and hold harmless VidGen, its subsidiaries, officers, affiliates, partners, directors, employees, and agents (hereinafter collectively referred to as “Indemnified Parties”) from any and all claims, demands, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) made by any third party due to or arising out of (a) Indemnifier’s use of the Services and/or Outputs (b) Indemnifier’s violation of these Terms, (c) Indemnifier’s violation of applicable laws or regulations, (d) Indemnifier’s Customer Content/ Output, (e) Indemnifier’s use of Third-Party Services (f) Indemnifier’s violation of any third party right, including without limitation any intellectual property or privacy right, or (iv) your actions/ decisions which for any reason has prejudiced or materially/ adversely affected the Indemnified Parties.
VidGen reserves the right, at the Indemnifier’s expense, to assume the exclusive defense and control of any matter for which the Indemnifier is required to indemnify us, and the Indemnifier agrees to cooperate with our defense of these claims. The Indemnifier agrees not to settle any matter without the prior written consent of VidGen.
Any claim made by the Indemnified Parties hereunder shall be conclusive evidence that such claim has arisen and the notice given by the Indemnified Parties shall be conclusive proof of the amount payable by the Indemnifier towards their indemnity obligations. Further, prior to making any claim hereunder, the Indemnified Parties shall not be required to take any step, make any demand upon, exercise any remedies or obtain any judgment against the Indemnifier or any other person.
For the avoidance of doubt, it is clarified that the Indemnifier’s obligation to indemnify the Indemnified Parties pursuant to these Terms shall arise immediately upon the Indemnified Parties incurring or suffering any loss on institution of any claim, suit or action, irrespective of any defence or right to appeal available to them. The failure of the Indemnified Parties to notify the Indemnifier of a claim shall not relieve the Indemnifier of their indemnification obligations hereunder.
The rights of the Indemnified Parties to indemnification shall not be impacted or limited by any knowledge that the Indemnified Parties may have acquired, or would have acquired, whether before or after the date hereof, nor by any investigation or diligence conducted by the Indemnified Parties.
The indemnification rights of the Indemnified Parties under these Terms are without prejudice to, independent of, and in addition to, such other rights and remedies as the Indemnified Parties may have at law or in equity or otherwise, including the right to seek specific performance, rescission, restitution or other injunctive relief, none of which rights or remedies shall be affected or diminished hereby.
Part of our services is available only on a subscription basis. Subscription plans are published on the website. By applying for a subscription plan on the application, you agree to the terms set forth in this section.
The subscription will be activated as soon as we has been able to verify your payment.
Subscription fees: Paid Subscriptions can be purchased directly from VidGen by paying a monthly or yearly subscription fee. Subscriptions are billed in advance on a monthly or yearly basis and are non-refundable for the subscription period they are purchased for. You must provide us with a valid credit card or other payment method to pay the subscription fee. You agree that we may process your credit card or other valid payment method on each renewal term, on the calendar day corresponding to the first day you subscribed to the Paid Subscription.
Auto-renewal and cancellation: Your payment to VidGen will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to a Free Account. You may cancel your Paid Subscription at any time.
We have various subscription plans with their respective prices, which can be reviewed from time to time.
We reserve the right to change the subscription plans and prices at any time without further notice. Such changes will come into effect for your subscription on the next renewal date.
Responsibilities: You are responsible for maintaining the confidentiality and security of your Account, including but not limited to the information you have provided, and you are solely responsible for all activities that occur under your Account. You agree to immediately notify Vidgen of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. VidGen cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Compliance and ownership
Whenever you make use of a feature that allows you to upload content to our Applications, or to make contact with other users of our Applications, you must comply with these terms.
Any content you upload to our Applications shall be considered non-confidential.
You retain any ownership rights that you may have in the content you upload to our Applications and in any content that you generate as a result of using our tools.
Using your content to provide the Services
When you upload or post content to our Applications we need to be able to use and share that content to enable certain features in the application. As such, you grant us the following rights to use that content:
Following any objection and revocation of this licence, you acknowledge that we may retain and continue to freely use any information derived from use of your content for these development and improvement purposes, which has been deidentified, anonymised, and/or aggregated in such a manner that the resultant information no longer identifies you, your content or any other person(s)).
For more information on our use of your personal data in this context, your associated rights and how to exercise them, please see our Privacy Policy.
Your promises and commitments about your content
When you upload or post content to our Applications, you confirm that you:
You warrant that any such contribution by you (by uploading your content to our Applications) complies with these terms, and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
While we intend to prevent the loss of any content you upload to or create with our apps, ultimately you are solely responsible for securing and backing up your content.
Disclosing and removing your content
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Applications constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Applications for any reason, including if your post does not comply with these terms.
When you upload or post content to our Applications, you have the options to make your content either publicly available or private and you agree that we shall have access to your content whichever option you take. Our access and use of your content (along with that of any sub-processors) is subject to our Privacy Policy.
If you choose to make your content publicly available within our Applications, your personal data and identifier (including user ID, uploaded content, profile image, avatar or nickname) may be made available to the general public.
Our Applications may include information and materials uploaded by other users of our Applications. These information and materials (if any) have not been verified or approved by us. The views expressed by users on our Applications do not represent our views or values.
If you wish to complain about content uploaded by any user, please contact us via our Contact Form with the following information:
You must not misuse our Applications by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Applications, the server on which our Applications is stored or any server, computer or database connected to our Applications. You must not attack our Applications via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Applications will cease immediately.
We do not guarantee that our Applications will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Applications. You should use your own virus protection software and take security precautions where possible.
You may link to our website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without notice.
We may transfer our rights and obligations under these terms to another organisation. We aim to inform you in writing if this happens.
In case any part of these Terms is inapplicable or unenforceable in any particular jurisdiction, due to any court order or otherwise, or for any other reason, the remaining provisions of these Terms shall remain in full force and effect.
Your use of the Services creates no partnership, client, fiduciary or other professional relationship.
VidGen will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control, including but not limited to labour disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order
These terms, its subject matter, and its formation, are governed by the laws of Germany and the Courts of Germany shall have exclusive jurisdiction.
In using our Service, you acknowledge that we leveraging functionalities from third-party service providers to enhance your user experience. We share limited data with these providers as necessary for the functionality of our services. You are responsible for any data you input through our platform. We are not liable for any errors or inappropriate data that is transmitted from your end to these third-party services.
By using our services and applications you are also agree to the terms-of-service and privacy-policies of the following service providers:
You are only allowed to use our applications and services if you accept that your data is transferred to those companies.