General terms and conditions Bideo
Welcome to Bideo, a start-up providing online services owned and operated by Alphabid, a Dutch corporation (“Bideo”, “we”, “us” or “our”).
These Terms of Service (“Terms“) govern your access to and use of Bideo websites, services, and applications (collectively the “Service“). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. The Service is offered via different plans or service offerings, as can be seen on https://getbideo.com/.
All visitors and users of the Service acknowledge that these Terms, the Service and all other Bideo-based information is provided in English. By accepting these Terms, the visitors and Users acknowledge that they understand the content and agree with these Terms.
- Information contained on the website
While we take all reasonable care to ensure that the information contained on the Bideo Website and Bideo Service is accurate and up to date, we make no representations, warranties or undertakings about any of the information content or materials provided on the Service (including, without limitation, any as to quality, accuracy, completeness or reliability).
All material on Bideo is provided for information purposes only and does not constitute legal, accounting or other professional advice, and it must therefore not be relied upon as such. You should arrange your own advice from a qualified party before acting in reliance on any of the information, or purchasing any of the products or services, available on or from the Service.
- Your use of the service
By accessing or using the Service you agree to be bound by these Terms. If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization. The account administrator of your organization has control of and access to Your content.
You may use the Service only if you can form a binding contract with Bideo, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Service may change from time to time as we evolve, refine or add more features to the Service, often without prior notice to you. In addition, Bideo may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice.
- Registration and set-up of your account
Your Bideo account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. If you connect to Bideo with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You are responsible for all activities that occur under your account and you agree to monitor your account.
- Account Security
You are responsible for safeguarding the password that you use to access the Service, and for any activities or actions under your password, whether your password is with Bideo or a third-party service. Same criteria apply to your assigned API key(s). We encourage you to use “strong” passwords that use a combination of upper and lower-case letters, numbers and symbols with your account. You agree not to disclose your password and API key(s) to any third party. Bideo cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify Bideo immediately upon becoming aware of any breach of security or unauthorized use of your account. You may never use another user’s account without permission. You may not use your username and password for any unauthorized purpose.
- Subscriptions – payments
You have the option of purchasing a subscription to the Service. Subscriptions are sized and priced at the discretion of Bideo and may change from time to time. To initiate a subscription, you must enter a valid debit or credit card. When you confirm your subscription on Bideo, you agree to be bound by and pay for that purchase.
Following the end of your subscription period, your subscription will automatically renew at the same payment terms. You may upgrade your subscription at any time through the self-serve functions in your account dashboard. When you upgrade your subscription, you are immediately invoiced at the price of your new subscription level.
You may downgrade your subscription at any time; the downgrade will take effect at the start of your next billing cycle. You may cancel your subscription at any time; your cancellation will take effect at the end of your current billing cycle. No refunds will be provided for portions of the current billing cycle following a downgrade or cancellation.
Unless otherwise indicated in an order form, you must provide Bideo with a valid credit card (Visa, Mastercard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider. By providing Bideo with your credit card number and associated payment information, you agree that Bideo is authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to Bideo hereunder and that no additional notice or consent is required. You agree to immediately notify Bideo of any change in your billing address or the credit card used for payment hereunder. Bideo reserves the right at any time to change its prices and billing methods, either immediately upon posting on our Website or by e-mail delivery to your organization’s administrator(s).
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
If you believe that Bideo has charged you in error, you must contact Bideo within 30 days of such charge. No refunds will be given for any charges, which are more than 30 days old.
If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. If your subscription is cancelled, Bideo will maintain all resources that were generated by your subscription. Bideo retains the right to delete any sources generated by a subscription that have not been updated within 30 days.
- Acceptable use of the Service
Bideo is trusted by its users, and we trust you to use our Service responsibly. You, directly or indirectly, alone or with any other party, agree not to misuse the Service. You must not, and must not attempt to do the following things:
- use the Service for any unlawful purposes or for promotion of illegal activities;
- modify, change, create derivative works, access or reverse engineer the Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, or functions of the Service, or (iii) copy any ideas, features, or functions of the Service;
- publish or perform any benchmark or performance tests or analysis relating to the Service or the use thereof without express authorization from Bideo;
- utilize the information provided by the Service to create a service similar to Bideo, including but not limited to: text analysis services, meta-data extraction, retrieval, or entity extraction services, and content categorization services;
- republish information provided by Bideo in a bulk format;
- use the Service to reproduce copyrighted materials;
- make the Service available over a network (other than Bideo network) where it could be used by others;
- post or otherwise transmit any content that (i) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (ii) you do not have the right to transmit, such as information that is subject to a confidentially agreement between you and another party; (iii) contains sexually explicit images or other content that is offensive (iv) is harmful to minors in any way; or (v) promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
- translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Service, features or ideas from the Services, or any portion of them;
- circumvent any technology used by Bideo or its licensors to protect information accessible via the Service;
- harass, threaten or otherwise cause distress, unwanted attention or discomfort to a person or entity;
- post or otherwise transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party;
- send any unsolicited commercial email, spam, or bulk commercial mail.
- sell, rent, lease, transfer, distribute, loan or sublicense any of the Service;
- utilize or enable a third party to utilize Bideo via any means that bypasses this Terms or the registration process, including but not limited to: proxy servers, spiders, scraping robots, or other technology;
- distribute, facilitate, or enable access to the Service in any manner deemed by Bideo in its sole discretion to be objectionable or harmful to the business or reputation of Bideo;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- use the Service in conjunction with deep packet inspection and/or any form of network surveillance technology;
- use the Service to monitor Internet and/or other telecommunications traffic; or
- use the Service in any way that violates these Terms.
You agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences (including any loss or damage which Bideo may suffer) of any such breach. To the extent that Bideo incurs any financial penalties or other costs and expenses (including investigation expenses) from Bideo’s server hosting facility, internet service provider or other vendors because of your use of the Service, you shall be obligated to immediately reimburse Bideo for any such penalties, costs or expenses.
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use, of the Service as the sole responsibility of the person from which such materials originated, which may be you.
The Website may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (“the External Sites”). You acknowledge that Bideo is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
You acknowledge that by accessing the Site, you may come into contact with Content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Bideo shall have no liability to you for the Content including, but not limited to explicit language and other potentially offensive material. You agree not to impersonate any person or communicate under a false name or a name you are not entitled or authorized to use. Bideo has the right (but not the obligation) to remove, prohibit, edit or discontinue any Content on the Site, including Content that has been posted by users.
The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms, the terms and conditions of the other area shall prevail. Bideo may at any time revise these Terms by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms to which you are bound.
To use the Service, you must be the owner, have the rights to use the data, or use public data for all data sources that you create within Bideo. Your data sources cannot be obtained by fraud, involve the use of counterfeit or stolen data, or have been obtained by other unlawful or morally repugnant method.
Your data sources cannot infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or privacy laws. Your data sources cannot violate any law, statute, ordinance or regulation (including without limitation those governing export control or consumer protection).
You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any materials contained therein.
You shall not transmit to Bideo or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
You retain sole ownership of any Content you post or any other material you submit using the Service (“Your Content”). You hereby grant Bideo and its affiliates a revocable, worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce and display Your Content solely for the purpose of providing the Service to you. Bideo will not use Your Content for any other purpose or distribute Your Content to any third party without your permission. You represent and warrant that Your Content will be your original work product and will not be based on, or derived from, the proprietary information or materials of a third party. Furthermore, you represent and warrant that your use of the Service in connection with Your Content or any third party content complies with all laws including, but not limited to, copyright law. You also hereby grant each user of the Service a non-exclusive license to access Your Content through the Service. The licenses granted in Your Content terminate within a commercially reasonable time after you remove or delete Your Content from the Service; however, you understand, acknowledge and agree that Bideo may retain, but not display, server copies of Your Content that has been removed or deleted. You grant Bideo and its affiliates a perpetual and irrevocable license to use and display any comments you add via the Service. You will defend, indemnify and hold Bideo and its affiliates harmless from and against any claims resulting from any of Your Content.
- Monitoring and enforcement
We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice. Bideo reserves the right to refuse service to anyone for any reason at any time. Bideo, in its sole discretion without prior notice, retains the right to suspend or terminate your account and/or refuse any and all current or future use of the Service, for any reason at any time. Without limiting other remedies, Bideo may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account and/or refuse to provide the Service. You acknowledge and agree that if Bideo disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service or the Site. YOU WAIVE AND HOLD HARMLESS BIDEO AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Your data and settings may be deleted from the Service if you cancel your account or Bideo terminates your account as set forth below. This information cannot be recovered once your account is cancelled. Termination of the Service results in the deletion of your account.
However, we do not undertake to review Content before it is posted via the Service, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
You agree to defend, indemnify and hold harmless Bideo and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service, including any data or content transmitted or received by you, any other party’s access or use of the Service with your username and password, or your violation of these Terms, applicable law, rule or regulation.
- Intellectual Property Rights
All right, title, and interest in and to the Service (excluding any content provided by you) are and will remain the exclusive property of Bideo and its licensors. The Service is protected by copyright, trademark, and other applicable intellectual property laws. Nothing in the Terms gives you a right to use the Bideo name or any of the Bideo trademarks, logos, domain names, and other distinctive brand features.
As between the parties, Bideo owns and shall continue to own all right, title and interest in and to all aggregate and statistical information or analyses created and developed by Bideo from performance and usage data generated through your use of the Site and Service (collectively, “Aggregate Data). Aggregate[JR1] Data is de-identified so that you cannot be identified as the source within the Aggregate Data.
- Entire agreement – modifications – Force Majeure
These Terms constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of these Terms is separately enforceable provision. If any provision of these Terms is determined to be or becomes unenforceable of illegal, such provision shall be reformed to the minimum extent necessary in order for these Terms to remain in effect in accordance with its terms as modified by such reformation.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Bideo shall not be liable to you for any delay or failure of Bideo to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Bideo. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder.
- No Warranty
The service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Bideo and its licensors do not warrant that the Service is accurate, reliable or correct; that the service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALPHABID, BIDEO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THIS SERVICE. UNDER NO CIRCUMSTANCES WILL BIDEO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALPHABID NOR BIDEO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BIDEO ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BIDEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- Miscellaneous legal terms
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.
These Terms are governed by the internal substantive Dutch laws with respect to its conflict of laws principles. In the unlikely event that Bideo has not been able to resolve a dispute it has with you after attempting to do so informally, each claim, dispute, or controversy arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof shall be governed by the court of Zeeland-West Brabant within The Netherlands.
- Questions and Notices
If you have any questions regarding these Terms, please contact Bideo by emailing Matthias@getbideo.com
All notices regarding these Terms and the Service will be provided in writing to you by e-mail using the contact information provided by you upon registration or by posting on the Website.