Terms and conditions
Last udapted April 29th 2020
API.VIDEO Legal Notice API.VIDEO website is governed by French law, with its headquarters at 13 rue Boudet 33000 Bordeaux, France, registered at the Bordeaux under RCS 491182739. Telephone: +33 (0) 5 64 21 00 30 VAT Number FR 83 491182739 Website Editor: M. Cédric MONTET, CEO api.video. This Website and the infrastructure are hosted by OVH SA duly organised under the laws of France, having its registered office at 140 quai Sartel 59000 ROUBAIX Téléphone : 08 99 70 17 61
This “Agreement” governs your free trial, purchase and use of “api.video Services”. By accessing or using “api.video Services” you agree to the terms of this “Agreement”. If your are entering into this “Agreement” on behalf of a company, organization, government, or other legal entity, then “you” means that entity. You represent that you have the authority to bind such company or entity to these terms and conditions. If you do not have such authority or if you don’t agree with these terms and conditions you must not use “api.video Services”.
1. Effective date
This “Agreement” is effective upon the date “you” first access or use the “API.VIDEO Services” and continues until terminated by “you” or “us”.
2. Access restrictions
You represent and warrant that you are at least eighteen years old, and you have the legal capacity to enter into contracts
3. Registration and account
When creating your account, “you” agree to:
- a. only provide accurate and current information about yourself and the legal entity you represent;
- b. maintain the security of your passwords and identification, and not to share your login credentials with any unauthorized parties;
- c. promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and;
- d. be fully responsible for all uses of your account, including the acts or omissions of each user on your account (such as your employees, contractors and service providers) or any other person accessing or using the “API.VIDEO Services” through or in connection with your account;
- e. notify “us” immediately of any breach of security or unauthorized use known to “you”. “We” will not be liable for any losses caused by any unauthorized use of your account. By providing us your email address “you” consent to our using the email address to send “you” Service-related notices, including any notices required by law, in lieu of communication by postal mail.
Subject to your full compliance with these Terms and to the full payment of applicable fees , “We” grant “you” a revocable, non sublicensable, non transferable, limited license to access and use the “API.VIDEO Services”. “You” may not use the API for any purpose, function, or feature not described in the API documentation.
5. Tools and services changes
The Site, Tools and Services all are subject to change from time to time, in our sole discretion. We have no obligation to update, correct, maintain, or continue to provide any aspect of the Site, Tools or Service.
6. Prohibited uses
“You”agree that “you” will not:
a. Use “API.VIDEO Services” for any illegal purpose or in violation of any local, state, national, or international laws,
b. Attempt to bypass user authentication or try to gain unauthorized access to any “API.VIDEO Services” or any of our systems or Networks;
c. Share passwords or authentication credentials for “API.VIDEO Services” with other person or entity;
d. Access any content on the “API.VIDEO Services” through any technology or tools other than those provided or authorized by the “API.VIDEO Services”;
e. Use any robot, spider, other automatic device, or manual process to monitor or copy API.VIDEO’s web pages, our systems or the content contained in them;
f. Use any device, software or routine to interfere with the proper working of the “API.VIDEO Services”;
g. Upload invalid data, viruses, worms, or other software agents through the API.VIDEO System;
h. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
i. Collect any personally identifiable information, including account names, from API.VIDEO system;
j. Copy distribute, disclose any part of the “API.VIDEO Services”, tools and programs and develop a competitive product and service.
7. Your Content
a. “You” are solely responsible for the content “you” provided to API.VIDEO and for the consequences of making it available on the “API.VIDEO Services”;
b. “You” can modify or delete your content at your own discretion. In case of technical problems, “We” can’t be held for responsible for the loss of user’s files;
c. “You” hereby grant to “Us” a non-exclusive, worldwide, royalty-free and fully paid license during the term of your use of the “API.VIDEO Services” to store, copy, transmit, and display your content and to interoperate with any Non-API.VIDEO Services as necessary in order to provide “you” the “API.VIDEO Services” in accordance with the “Agreement”
d. “You” grant to “Us” worldwide, perpetual, irrevocable, royalty-free permission to use and incorporate into the “API.VIDEO Services” any suggestion, enhancement request, recommendation, correction, or other feedback provided by “you”;
e. Regarding every content provided to “API.VIDEO Services” “You” affirm, and warrant that:
- “You” have obtained and are solely responsible for obtaining all consents as may be required by law to post any “Content” relating to third parties.
- Your content and its use via “API.VIDEO Services” will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights;
- f. “You” agree not to post content that:
- May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to “you”, to any other person, or to any animal;
- May create a risk of any other loss or damage to any person or property;
- Seeks to harm or exploit children by exposing them to inappropriate conten;
- May constitute or contribute to a crime or tort;
- Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable;
- Contains any information or content that is illegal;
- Contains any information or content that “you” do not have a right to make available under any law or under contractual relationships;
- Contains any information or content that “you” know is not correct.
8. Intellectual Property
The “api.video Services” contain copyrighted material, trademarks, service marks and other proprietary information, such as video, API, software, tools, documentation, logos, designs, and trade secrets (“api.video Material”) . “you” agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any “api.video Material” without our prior written authorization. All rights not expressly granted to “you” in these Terms are reserved by “us”.
9. Free Services
If “you” get a free access subscription to the “API.VIDEO Services”, then “you” may use the “API.VIDEO Services” in accordance with the terms and conditions of this “Agreement”. “You” are entitled to only one free account per legal entity. The opening of several free accounts for a single customer is not permitted. “We” may terminate or immediately suspend your free access at any time for any reason without liability to “you”.“We” will have no liability for any harm or damage arising out of or in connection with any Free Services.
10. Fees and Payment
a. Fees for “Api.video services” are available on this page http://api.video/pricing. If “you” use “Api.video services” and register for an Account , “you” agree to the pricing and payment terms described here : http://api.video/pricing. We may update them from time to time. Any change in our pricing or payment terms shall become effective in the billing cycle following notice of such change to “you” as provided in these Terms.
b. Billing - We” will invoice “you” monthly and our invoices are sent electronically. “You” agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with your account at the prices in effect when such charges are incurred. Invoices to be paid by credit card or Debit Transfer are due on the invoice date. During the billing period, in case your usage of Api.video services exceeds a total amount of unbilled charges of 200 USD (or equivalent in euros) , we reserve the right in our sole discretion to charge unbilled expenses immediately and process the corresponding payment.
c. Calculation of usage : Fees are based on “your” usage of “Api services”, calculated as follows :
- each minute of video encoded during the billing period will be charged an encoding fee.
- each minute of video hosted will be charged a monthly hosting fee. Each day, at 0:00 GMT, “we” will aggregate the duration in seconds of all videos, live stream and recorded live streams you sent to Api.video the previous day. Total day duration in second is then converted in minutes rounded up to the next whole minute. Each minute of video streamed during the billing period will be charged a viewing fee even if the viewer didn’t watch the video . Calculation of minute streamed is based on the exact number of segments delivered to a video player. Segment duration is 4 seconds each for VOD and 2 seconds for Live. Total day duration in second is then converted in minutes rounded up to the next whole minute.
d. Minimum billing : In case your total usage fees ( including encoding fees, storage fees and delivery fees) are less than 10$ (or less than 10€ for subscription in euros) during the billing period, “we” will charge you a minimum billing of 10$ (or 10€ for subscription in euros)
e. Cancellation: You may cancel your subscription at any time by sending “us” an email at the following address : firstname.lastname@example.org Cancellations will take effect immediately. If you wish to continue using your account through the end of a billing cycle, please do not cancel until the billing cycle is completed. Any cancellation of your account will result in the deactivation of your account, and the removal of all content attached to it. This information can be restored by request for a 14-day period. Cancelled accounts cannot be restored after this 14-day period. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database.You will remain liable for all charges accrued on your account up to the time that you downgrade or cancel your Subscription, including full monthly fees for the month in which you cancelled.
f. Taxes and Other Expenses: Our fees are exclusive of any applicable sales or added-value tax. “You” shall pay any taxes directly or to “us”, as required by law. If “you” are exempt from paying taxes, “you” shall provide “us” with a valid tax exemption certificate. There may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. “We” assume no responsibility for the payment of bank or any other third party service fees or charges.
g. Payment information: “You” will provide “us” with valid payment information and promptly notify us of any changes necessary. The provision of credit card information to “us” authorizes “us” to charge the credit card for all fees based on your usage of service and in accordance with the pricing list available on this page http://API.VIDEO/pricing.
h. Suspension of Service: If any amount owing by Customer is 5 or more days overdue, “we” may suspend the Services until the overdue amounts are entirely paid.
i. Overdue Fees: If “we” do not receive all Fees by the due date, “we” may charge a late fee on the unpaid balance at the lesser of 1.5% per month or the maximum lawful rate, starting from the date the payment was due until the date paid. “We” reserve all rights and available remedies to collect overdue Fees from “you”, including but not limited to suspending your access to the “API.VIDEO services” until all fees are paid.
j. Payment Disputes: Payments are non-refundable and non-creditable and payment obligations non-cancellable. If “you” dispute an invoiced amount in good faith, “you” shall give “us” written notice with detailed support of the dispute within 60 business days from the date of the invoice. If “you” fail to do so, “you” waive your right to dispute that invoice, and the invoice will be deemed accurate and valid. This section does not waive Customer’s obligation to pay all undisputed Fees.
11. Confidential Information
a. "Confidential Information" means all confidential and proprietary information of a party ("Disclosing Party") disclosed to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the Services, documentation, business and marketing plans, technology and technical information, product designs, and business processes;
b. Exceptions. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to Disclosing Party; (ii) was known to Receiving Party prior to its disclosure by Disclosing Party without breach of any obligation owed to Disclosing Party; (iii) was independently developed by Receiving Party without breach of any obligation owed to Disclosing Party; or (iv) is received from a third party without breach of any obligation owed to Disclosing Party;
c. Obligations. Receiving Party shall not disclose any Confidential Information of Disclosing Party for any purpose outside the scope of this “Agreement”, except with Disclosing Party's prior written consent. Receiving Party shall protect the confidentiality of Disclosing Party's Confidential Information in the same manner that it protects the confidentiality of its own confidential information of like kind (but in no event using less than reasonable care). Receiving Party shall promptly notify Disclosing Party if it becomes aware of any actual or reasonably suspected breach of confidentiality of Disclosing Party's Confidential Information;
d. Required Disclosure. If Receiving Party is compelled by law to disclose Confidential Information of Disclosing Party, it shall provide Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party's cost, if Disclosing Party wishes to contest the disclosure.
12. Third Party Services and external links
If “you” decide to enable, access or use Third Party Services, be advised that your access and use of such Third Party Services is governed solely by the terms and conditions of such Third Party Services, and We do not endorse, are not responsible or liable for, and make no representations as to any aspect of such Third Party Services, including, without limitation, their content or the manner in which they handle, protect, manage or Process data (including Service Data) or any interaction between “you” and the provider of such Third Party Services. We cannot guarantee the continued availability of such Third Party Service features, and may cease providing them without entitling “you” to any refund, credit, or other compensation, if for example and without limitation, the provider of an Third Party Service ceases to make the Third Party Service available for interoperation with the corresponding Service in a manner acceptable to “us”. “YOU” IRREVOCABLY WAIVE ANY CLAIM AGAINST “US” with respect to such Third Party Services. “We” are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such Third Party Services, or Your reliance on the privacy practices, data security processes or other policies of such Third Party Services.
13. Term and Termination
- a. Termination for convenience : This “Agreement” shall remain in full force and effect while “you” use the “api.video Services”;
- “You” may terminate your use of the “API.VIDEO Services” at any time for any reason and without warning which may result in the forfeiture and destruction of all information and content associated with your account;
- “We” may terminate this “Agreement” at any time by providing advance written notice of not less than 30 days to Customer.
b. Termination for Cause. “We” may also terminate or suspend any and all “api.video Services” and access to the “api.video Services” immediately without prior notice or liability if “you” breach any of the terms or conditions of this “Agreement”;
c. Effect of Termination. Upon termination or expiration of this “Agreement” for any reason:
- all rights and obligations of both parties, including all licenses granted hereunder, shall immediately terminate;
- within ten (10) days after the effective date of termination, “we” shall discontinue all use of your content and may destroy all copies of the same in our possession.
- “You” shall destroy and remove from all websites, applications, computers, hard drives, networks, and other storage media all copies of the Tools, documentation and Service (other than the Analytics Data) and “you” shall stop using all aspects of the Service.
- d. Survival. The following Sections, together with any other provision of this “Agreement” which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of this “Agreement”, will survive expiration or termination of this “Agreement” for any reason: Section 14 (Warranties and Disclaimers), Section 15 (Limitation of Liability), Section 17 (Governing Law), Section 12(d) (Survival), and Section 13 (General Provisions).
14. Warranties and Disclaimers
a. Limited Warranty. “API.VIDEO Services” will be performed in a professional manner and substantially in accordance with the online API.VIDEO documentation under normal use and circumstances. In the event of a breach of this warranty, Customer’s sole remedy and “our” sole obligation will be for “us” to make reasonable commercial efforts to correct the non-conformity or, if “we” are unable to correct the non-conformity, “we” may allow Client to terminate the applicable Order Form.
b. Disclaimer. The “API.VIDEO Services” are provided “as is” and as available, “we” make no other warranties, representations, or conditions, whether written, oral, express, implied or statutory, including any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose, with respect to the use, misuse, or inability to use the Services (in whole or in part) or any other products or services licensed or provided to “you” by “us”.
15. Limitation of liability
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT “OUR” WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. “OUR” LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
a. Limitation of Liability. IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS “AGREEMENT”, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATIONS WILL NOT APPLY TO CUSTOMER’S PAYMENT OBLIGATIONS.
b. Exclusion of Consequential and Related Damages. IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, COVER OR PUNITIVE DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. International Users
“WE” DO NOT REPRESENT OR WARRANT THAT “API.VIDEO SERVICES” ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN IN FRANCE. Those who choose to access API.VIDEO do so on their own initiative and at their own risk, and are responsible for complying with all statutes, orders, regulations, rules and other laws of applicable jurisdictions.
17. Governing Law, Jurisdictions, and collective or class action waiver:
a. All legal issues arising under these terms will be governed by French law. In the event of disputes arising between the present parties regarding the interpretation, execution or termination of these “Agreement”, the parties shall strive to reach an amicable settlement. In the absence of an amicable settlement, the litigation will be expressly of competence of the courts of France.
b. THE PRESENT PARTIES AGREE TO ARBITRATE DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
18. Manner of Giving Notice
Notices to api.video should be addressed by email to : email@example.com
19. Force Majeure
Except for obligations of payment, neither party shall be liable for any delay or failure in performing hereunder if such failure arises, directly or indirectly, out of causes beyond the reasonable control of such party, including acts of strike, shortages, failure of suppliers, riots, insurrection, fires, floods, storms, earthquakes, acts of God, war, Government action, labour conditions, lightning, power surges or failures, terrorism, or acts or omissions of communications carriers, or unavailability of telecommunication services.
20. Entire Agreement
This “Agreement” constitutes the entire agreement, and supersedes all prior negotiations or agreements (oral or written), between the parties regarding the subject matter hereof. Any inconsistent or additional terms on any related purchase order, confirmation or similar form, even if signed by the parties hereafter, shall have no effect under this “Agreement”.
If any provision of this “Agreement” is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this “Agreement” will otherwise remain in full force and effect and enforceable.
Headings are for reference only and do not affect the meaning or interpretation of this “Agreement”.
23. Relationship of the Parties
The parties are independent contractors. The “Agreement” does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
24. Personal Data
b. Your obligation : “You” affirm that “you” are now and will continue to be compliant with all applicable Laws governing the privacy, protection and use of Data that “you” provide to “us”.“You” also affirm that “you” have obtained all necessary rights and consents under applicable Laws to disclose to API.VIDEO any Personal Data that “you” provide to “us” or authorise “us” to process. Additionally, where required by Law, we may delete or disconnect any Personal Data from your API.VIDEO Account when requested to do so by any of your user/customer.