We, SpinVid Ltd, license you to use:
as permitted in these terms.
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
This app requires an Apple iPhone or an Android device with a minimum of 1GB of memory and the iOS (Apple) operating system of version 12.1 and above (Apple).
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [email protected].
How we will communicate with you. If we have to contact you we will do so by email, using the email address you have provided to us.
In return for your agreeing to comply with these terms you may:
We are giving you personally the right to use the App and the Service as set out above in the ‘How you may use the App’ section. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 7 days’ notice of any change by emailing you using the email address you register as a user of the App with. If you do not accept the notified changes please stop using the App and delete it from your device.
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
You must:
All intellectual property rights in the App and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
Any and all audio, text, photos, pictures, graphics, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the App (Your Content) is generated, owned and controlled solely by you, and not by SpinVid. SpinVid does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility. You agree to indemnify, defend and hold harmless SpinVid, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable legal fees, resulting from any third party claim of infringement of copyright or other intellectual property rights arising from your use of the Service and the App.
You may sign up as a registered user of the App free of charge (a “Registered User”). To become a Registered User you need to go to the Register section, then submit your first name, last name and email address to us, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You may not register for more than one Registered User account.
By registering as a Registered User, you warrant that:
You may access the Services in two ways:
The amounts we charge you for our monthly and yearly subscriptions are as advertised to you at the time of your order.
Our monthly subscription is paid in monthly instalments. For each month that your monthly subscription is active, you acknowledge and agree that Spinvid is authorised to charge the same debit or credit card as was used for the initial subscription fee or any other card which you notify to us. The monthly renewal subscription fees will continue to be billed to the card payment details you provided until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee. Refunds cannot be claimed for any partial-month subscription period.
Our annual subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that Spinvid is authorised to charge the debit or credit card used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the card payment details you provided. Refunds cannot be claimed for any partial subscription period.
You agree to promptly notify Spinvid of any changes to your payment card details you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
Our obligation to provide the Spinvid Premium features only comes into effect when we take receipt of your order, and we confirm your purchase to you. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the payment card details you provided, you agree to pay all amounts due upon demand by us.
We reserve the right to change our subscription plans or adjust pricing for our Service in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these terms, any price changes or changes to your subscription plan will take effect following notice to you.
You may cancel a monthly subscription at any time by emailing our customer service team at [email protected]. Cancellation is effective at the end of the applicable monthly period.
You may cancel an annual subscription plan at any time. Cancellation is effective at the end of the applicable annual period by emailing our customer service team at [email protected]. Additionally, our annual subscription plan is offered with a 14-day money back guarantee, which entitles you to a full refund upon cancellation. Such refund requests must be made within the first 14 calendar days from your first date of payment. Please note you will not receive a refund under the guarantee where you have used Spinvid Premium to create, download and/or share a video within the 14 calendar day period. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 14-day money back guarantee. No such refunds will apply to subsequent renewals of the annual subscription or subscriptions purchased through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application.
Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Services, except where expressly stated otherwise. Previous users or trial users of the Services do not qualify as new users. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Service are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the agreement in the English courts.
