TERMS OF SERVICE AGREEMENT

BIVO IS A SUBSIDIARY OF TRUVIDEO

PLEASE READ THESE TERMS OF SERVICE AGREEMENTS CAREFULLY BECAUSE THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REMEDIES.

OVERVIEW

This  Terms of Service Agreement (this “Agreement”) is entered into by and between TruVideo Inc ("TruVideo") and you and is made effective as of the date of your use of this mobile application and website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain The Services are in addition to (rather than in place of) this Agreement. If a conflict arises between the terms of a Services Agreement and the terms of this Agreement, the terms of the applicable Services Agreement will take precedence.

TruVideo is referred to as "we," "us," or "our." Any individual or entity who accepts this Agreement has access to your account or utilizes the Services is referred to as "you," "your," "User," or "customer." Nothing in this Agreement should be construed as conferring any rights or benefits to third parties.

IOS SUBSCRIPTION TERMS

A subscription is valid for 30 days. Payment will be charged to your App Store account upon confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal at a price listed within 24-hours before the end of the current period. Subscriptions may be managed, and auto-renewal may be turned off following these steps:

1. Open the Settings app.

2. Tap your name.

3. Tap Subscriptions.

4. Tap the subscription that you want to manage. Don't see the subscription that you're looking for?

5. Tap Cancel Subscription. (Or if you want to cancel Apple One but keep some subscriptions, tap Choose Individual Services.) If you don't see Cancel, the subscription is already canceled and won't renew. More information can be found in the Apple web: https://support.apple.com/en-us/HT202039

Apple Support

How to cancel a subscription from Apple

Learn how to cancel subscriptions that you purchased with an app from the App Store. You can also cancel Apple TV+, Apple News+, Apple Fitness+, and other subscriptions from Apple.

UPDATE, CHANGE OF AGREEMENT, APP, SITE, OR SERVICES

TruVideo has the right to update or modify this Agreement, as well as any rules or agreements contained herein, at any time, and such changes or modifications will take effect immediately after being posted on this Site. Your continued use of this Site or the Services following any such changes or revisions constitutes your acceptance of this Agreement in its current form. Do not use (or continue to use) this Site or the Services if you do not agree to be bound by this Agreement as last revised. In addition, TruVideo may send you an email from time to time informing you of changes or amendments to this Agreement. As a result, it's critical that you keep your shopper account ("Account") information up to date. TruVideo accepts no responsibility or liability for your failure to receive an email notification if such failure results from an inaccurate email address or other issues leading to notification not being read. In addition, TruVideo may terminate your use of services for any violation or breach of any of the terms of this Agreement by You. 

TruVideo reserves the right, At Any Time, To Modify, Change, Or Discontinue Any Aspect Of This Site Or The Services, Including Without Limitation, prices and fees, and subscriptions.

Eligibility Authority

This Site and the Services are only available to people or entities (collectively, "Users") legally capable of entering into legally binding transactions under applicable law. By using this Site or the Services, you represent and warrant that you are at least eighteen (18) years old, (ii) otherwise recognized by applicable law as being able to form legally binding contracts, or (iii) are not a person forbidden from purchasing or receiving the Services under the laws of the United States or any other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporation, you represent and warrant that you have the legal power to bind that corporation to the terms and conditions set forth in this Agreement, in which case the terms "you," "your," "User," or "customer" refer to that corporation. If TruVideo discovers after your electronic acceptance of this Agreement that you lack the legal right to bind such corporate body, you shall be individually liable for any obligations under this Agreement, including but not limited to payment obligations. TruVideo will not be liable for any loss or harm caused by TruVideo's reliance on any instruction, notice, document, or communication that TruVideo reasonably believes is legitimate and originated from an authorized representative of your business entity. TruVideo maintains the right (but not the obligation) to request additional authentication from you if there is reasonable doubt about the validity of any such instruction, notice, document, or communication. You also agree to be bound by the terms of this Agreement for transactions made by you, anyone acting as your agent, and anyone who uses your account or the Services, whether or not they are authorized by you.

YOUR ACCOUNT

You will need to register an account in order to access some of the features of this Site or to use some of the Services. You represent and warrant to TruVideo that all information you provide when creating your Account is accurate, current, and complete and that you will maintain the accuracy, currentness, and completeness of your Account information. TruVideo retains the right, in its sole and absolute discretion, to suspend or terminate your Account if TruVideo has reason to suspect your Account information is incorrect, inaccurate, out-of-date, or incomplete. You are completely responsible for all activity on your Account, whether or not you authorized it, and you must keep your Account information confidential and secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below). TruVideo suggests that you update your password for each Account at least once every three (3) months for security reasons. Any breach of security or unauthorized use of your Account must be reported promptly to TruVideo. TruVideo is not responsible for any losses you may suffer as a result of unauthorized use of your account. You, on the other hand, could be held liable for any losses TruVideo or others suffer as a result of your Account, whether caused by you, an authorized person, or an unauthorized person.

GENERAL RULES OF CONDUCT

You acknowledge and agree that:

This Agreement, any relevant Services Agreement or policy that may apply to your Services, and all applicable local, state, national, and international laws, rules, and regulations govern your use of this Site and the Services, including any content you provide. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent. You will not use this Site or the Services in a manner (as determined by TruVideo in its sole and absolute discretion) that: Is illegal, or promotes or encourages illegal activity; Promotes, encourages, or participates in child exploitation or any conduct linked to the spread of child sexual abuse material (CSAM); Terrorism, violence against people, animals, or property is promoted, encouraged, or practiced; Promotes, encourages, or participates in spamming or other unsolicited bulk email, as well as computer or network hacking or cracking; Promotes, supports, or engages in the sale or distribution of prescription medicines without a valid prescription in violation of the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or equivalent law; Promotes or enables prostitution and/or sex trafficking in violation of the Fight Online Sex Trafficking Act of 2017 or comparable legislation; Infringes on another User's or any other person's or entity's intellectual property rights; Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; Interferes with the operation of this Site or the Services found at this Site. Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or Contains false or deceptive language, or unsubstantiated or comparative claims, regarding TruVideo or TruVideo’s Services.

You will not perform any false, abusive, or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by TruVideo. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies. You will not access TruVideo Content (as defined below) or User Content through any technology or means other than through this Site itself or as TruVideo may designate. You agree to back up all of your User Content so that you can access and use it when needed. TruVideo does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content. You will not re-sell or provide the Services for a commercial purpose, including any of TruVideo's related technologies, without TruVideo's express prior written consent. You will not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any TruVideo Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the TruVideo Content or the 

User Content therein.

You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.

You are aware that TruVideo may, from time to time call you about your account. That, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether TruVideo asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which TruVideo is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of TruVideo that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from TruVideo. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of TruVideo that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from TruVideo. Message and data rates may apply.

Without limiting any of the rights set forth elsewhere in this Agreement, TruVideo expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any TruVideo policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by TruVideo in its sole and absolute discretion).

If your purchase or account activity shows signs of fraud, abuse, or suspicious activity, TruVideo may cancel any service associated with your name, email address, or account and close any associated TruVideo accounts. If you conducted any fraudulent activity, TruVideo reserves the right to take any necessary legal action. You may be liable for monetary losses to TruVideo, including litigation costs and damages. To contest the cancellation of Services or freezing or closure of an account, please contact TruVideo Support.

USER CONTENT

Some features of this Site or the Services, including those hosted by TruVideo, may allow Users to view, post, publish, share, save, or manage ideas, opinions, recommendations, or advice via forum posts, contest content, product reviews, or suggestions, or photos to be included into a social media event or activity (“User Submissions”). User Content refers to all content submitted through your Account. By submitting or publishing User Content to or through this Site or the Services, you represent and warrant to TruVideo that I you have the necessary rights to distribute User Content via this Site or the Services, either because you are the author of the User Content and have the right to distribute it, or because you have the appropriate distribution rights, licenses, consents, and permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content is original to you. You are completely responsible for all of your User Content, including User Content contributed through your Account, as well as the implications and restrictions of distributing it.

User-submitted content You acknowledge and agree that your User Submissions are entirely voluntary, do not create a confidential relationship with TruVideo, and do not obligate TruVideo to treat your User Submissions as confidential or secret, that TruVideo has no express or implied obligation to develop or use your User Submissions, and that you or anyone else is not entitled to any compensation for any intentional or unintentional use of your User Submissions.

TruVideo shall own exclusive rights to any User Submissions submitted to this Site, including all intellectual property and other proprietary rights, and shall be entitled to the unlimited use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or anyone else.

Other than user submissions, there is no useful content. You permit TruVideo to utilize the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner envisaged by this Site and this Agreement by posting or publishing User Content to this Site or through the Services.

You, therefore, grant TruVideo a non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable, worldwide license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services, and TruVideo's (and TruVideo's affiliates') business(es, including without limitation for promotional purposes.

You also grant each user of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate as "private" or "password protected") through this Site and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted by the functionality of this Site and under the terms of this Agreement. The aforesaid licenses granted by you in your User Content expire if you remove or delete your User Content from this Site within a commercially reasonable time.

You understand and agree, however, that TruVideo may keep server copies of your User Content that has been removed or delete (but not distribute, display, or perform). You have granted perpetual and irrevocable licenses in your User Content. Regardless of anything else in this Agreement, TruVideo will not utilize any User Content that you have designated as "private" or "password protected" for the purpose of promoting this Site or TruVideo's (or TruVideo's affiliates') business (es). You maintain full ownership or leased rights in User Content if you have a website or other content hosted by TruVideo.

AVAILABILITY OF APPLICATION, WEBSITE, AND SERVICES

We will use commercially reasonable efforts to provide this Site and the Services twenty-four (24) hours a day, seven (7) days a week, subject to the terms and conditions of this Agreement and our other policies and procedures. You acknowledge and agree that this Site may be inaccessible or inoperable from time to time for a variety of reasons, including, but not limited to, equipment malfunctions; routine maintenance, repairs, or replacements that we perform from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable, such as telecommunications interruption or failure.

You recognize and accept that we have no control over the continuous or uninterrupted availability of this Site or the Service and that we have no liability to you or any other party in this regard.

MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

TruVideo does not pre-screen User Content in most cases (whether posted to a website hosted by TruVideo or posted to this Site). TruVideo, on the other hand, reserves the right (but not the obligation) to do so and determine whether any User Content is appropriate and/or complies with this Agreement. TruVideo may remove any item of User Content and/or terminate a User's access to this Site or the Services available on this Site at any time and without notice for posting or publishing any material in violation of this Agreement for any other reason (as determined by TruVideo in its sole and absolute discretion).

If TruVideo has cause to suspect the User is a repeat offender, the User's access to this Site or the Services available on this Site may be terminated. If TruVideo terminates your access to this Site or the Services available on this Site, TruVideo may remove and destroy any data and files saved on its servers by you at its sole and absolute discretion.

DISCONTINUED SERVICES; END OF LIFE 

TruVideo maintains the right to stop offering or providing any I Services or (ii) individual features, functionalities, or components of the Services at any time, for any reason, and without notice. Despite TruVideo's best efforts to extend the life of all of its Services and features, functions, or parts of the Services, there may be occasions when a Service or a specific feature, functionality, or part of a Service that we provide is terminated or reaches its End-of-Life ("EOL"). If this is the case, TruVideo will no longer support those Services, or any specific feature, capability, or aspect of those Services, beyond the EOL date.

Migration and Observation If any of our services has achieved or will reach end-of-life status, we will make every effort to tell you thirty days or more before the end-of-life date. It is your obligation to take all required efforts to replace the Service before the EOL date, either by migrating to a new Service or by completely terminating reliance on said Service. In either scenario, TruVideo will provide you with a comparable Service to migrate to for the duration of your purchase's term, a prorated in-store credit, or a prorated refund, as determined solely by TruVideo in its sole and absolute discretion.

If available, TruVideo may migrate you to the most recent version of the Service with or without notice to you. You agree to accept full responsibility for any loss or damage incurred as a result of the migration. If a feature, capability, or aspect of any Service we offer has reached or will reach end-of-life status, we will try to tell you thirty days or more before the end-of-life date. However, if the Service continues to provide at least reasonably equivalent functionality without such feature, functionality, or aspect, as assessed by TruVideo in its sole and absolute discretion, TruVideo will not be obligated to provide a comparable feature or functionality for the Service or a refund.

There will be no liability. TruVideo will not be liable to you or any other party if any of the Services we offer or facilitate access to are modified, suspended, or discontinued.

PREVIEW/BETA SERVICES

TruVideo may offer new Services in a pre-release version from time to time (limited trial services or new features to existing Services). New Services, new features to current Services, or limited preview services will be referred to as "Beta Services" both individually and together. If you want to utilize any Beta Services, you agree to the following terms and conditions:

  • You understand and accept that the Beta Services are pre-release versions that may or may not function correctly.

  • You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures.

  • The Beta Services are provided as-is, so we do not recommend using them in production or mission-critical environments; 

  • TruVideo reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; 

  • Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; 

  • TruVideo may limit the availability of customer service support time dedicated to supporting the Beta Services; 

  • You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience

You understand and agree that all information about your use of the Beta Services, including your experience with and views about the Beta Services, is confidential and may not be shared with a third party or used for any purpose other than providing feedback to TruVideo; the Beta Services are offered "as is," "as available," and "with any flaws."

You accept and recognize that we may use your input for any reason, including product development. You will give us comments at our request, which we may use publicly in press materials and marketing content. TruVideo will be the exclusive owner of any intellectual property contained in your feedback or originating from your usage of the Beta Services. TruVideo disclaims any and all warranties, statutory, express, or implied, with respect to the Beta Services to the fullest extent authorized by law, including, but not limited to, implied warranties of title, merchantability, fitness for a specific purpose, and non-infringement.


GENERAL TERMS, FEES, AND PAYMENTS

You agree that your Payment Method may be charged by one of our affiliated entities. 

Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy.

Price Variations TruVideo has the right to change its rates and fees at any time, and such changes will be announced on this Site and will take effect immediately without additional notice to you. If you have purchased or obtained Services for a period of months or years, price and fee adjustments will take effect when the Services in issue are due for renewal, as described further below.

Payment Types. Except as prohibited in any product-specific agreement, you may pay for Services by using any of the following “Payment Methods”: 

  • Application store payment

  • Valid credit card

  • Electronic payment from your personal or business checking account, as appropriate  

Your Account's email address on file will receive confirmation of that order. If you have any current Services in your Account, you must keep your Payment Method on file active. You also acknowledge that the location where your payments are processed may change for any reason, including the type of Payment Method you choose, the currency you choose, or modifications or adjustments you make to your Payment Method.

You acknowledge and agree that, in the case of refunds to your Payment Method, TruVideo's issuing of a refund receipt is just confirmation that TruVideo has submitted your refund to the Payment Method charged at the time of the original sale and that TruVideo has no control over when the refund will be credited to your Payment Method's available balance. You also recognize and agree that the payment provider and/or individual issuing bank associated with your Payment Method choose and govern the time frames for posting your refund, which may vary from three (3) business days to a complete billing cycle or more.

If a refund is sent to your Payment Method and the payment provider, payment processor, or individual issuing bank associated with your Payment Method imposes any restrictions on refunds, including but not limited to restrictions on the timing of the refund or the number of refunds allowed, TruVideo has the right to issue the refund in its sole and absolute discretion.

TruVideo also has the right to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.

Monthly Billing Date. If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services, unless stated otherwise by the application store provider.

Terms of Auto-Renewal TruVideo does not store hard copies or electronic versions of mandate, standing order, or standing instruction forms, and/or any signed consents relating to your use of our automatic renewal services, save as required by relevant law, and we are unable to supply any such document upon request. By login into your TruVideo account, you may view or adjust your automatic renewal settings at any time.

In order to ensure that you do not experience an interruption or loss of services, all services are offered on automatic renewal.  If you do not disable the automatic renewal option, TruVideo will automatically renew the applicable service when it comes up for renewal and take payment from the payment method associated with the service(s) in your account or your designated backup payment method(s) on file with TruVideo. 

In automatically renewing your services, TruVideo will first attempt to charge the payment method associated with the service(s) in your account. in the event TruVideo cannot successfully charge this payment method, we will attempt to charge the payment method(s) designated as "backup" in your account. Renewals will be charged at TruVideo’s then-current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. 

Log into your account manager from the application and follow the steps found here to see the renewal settings applicable to you and your services. If you do not want any service to automatically renew, you may choose to cancel renewal, in which case your services will end on the expiration of the current term unless you manually renew your services prior to that date.

In other words, if you choose to cancel your product and do not manually renew your Services before they expire, you may experience a service interruption or loss, and TruVideo shall not be liable to you or any third party for the same.

TruVideo may also take part in "recurring billing programs" or "account updater services" provided by your credit card provider (and finally, dependent on your bank's participation). Your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date if we are unable to successfully charge your existing payment method, or they may automatically charge your new credit card on our behalf without notification to us.

In accordance with recurring billing program requirements, TruVideo will automatically update your payment profile on your behalf if we are notified of an update to your credit card number and, expiration date. TruVideo makes no representations or warranties that we will request or receive updated credit card information. You acknowledge and agree that it is solely your responsibility to modify and maintain your account settings, including but not limited to (i) canceling products and (ii) maintaining your associated payment method(s). additionally, you acknowledge and agree that failure to do so may result in service interruption or loss, and TruVideo shall not be liable to you or any third party regarding the same.

If TruVideo is unable to charge your Payment Method for the full amount owed, or if TruVideo receives the notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that TruVideo may pursue all available lawful remedies, including but not limited to, immediate cancellation.

TruVideo further has the right to charge you reasonable "administrative" fees for duties performed by TruVideo outside of the typical scope of its Services, additional time and/or costs incurred by TruVideo in providing its Services, and/or your non-compliance with this Agreement (as determined by TruVideo in its sole and absolute discretion).

Typical administrative or processing fee scenarios include, but are not limited to, customer service issues that require additional personal time or attention; and/or disputes that require accounting or legal services, whether performed by TruVideo staff or by outside firms retained by TruVideo; recouping any and all costs and fees, including the cost of Services, incurred by TruVideo as the result of any and all costs and fees incurred by TruVideo as the result of any and all costs and fees incurred by TruVideo as the result of any and all costs and These administrative or processing costs will be charged to your TruVideo Payment Method on file.

TruVideo may provide prices for individual products in a variety of currencies. The transaction will be completed in the chosen currency, and the pricing displayed during the checkout process will reflect the real payment amount. A foreign transaction fee or another charge may be charged by the issuer of your Payment Method for some Payment Methods, which may be added to the final amount that appears on your bank account or posted as a separate sum. For more information, contact the issuer of your Payment Method.

In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.


ADDITIONAL RESERVATION OF RIGHTS

TruVideo expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason (as determined by TruVideo in its sole and absolute discretion), including but not limited to the following: 

  • to correct mistakes made by TruVideo in offering or delivering any Services, 

  • to assist with our fraud and abuse detection and prevention efforts, 

  • to comply with court orders against you and applicable local, state, national and international laws, rules and regulations, 

  • to comply with requests of law enforcement, including subpoena requests,  

  • to comply with any dispute resolution process, 

  • to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit,  

  • to avoid any civil or criminal liability on the part of TruVideo, its officers, directors, employees and agents, as well as TruVideo's affiliates, including, but not limited to, instances where you have sued or threatened to sue TruVideo or to respond to an excessive amount of complaints related in any way to your Account. 

TruVideo expressly maintains the right to monitor each Account for excessive usage and bandwidth utilization and to cancel or charge additional fees to those Accounts that do so.

TruVideo expressly retains the right to cancel any and all Services without notice to you if you harass or threaten TruVideo and/or any of TruVideo's employees, in TruVideo's sole judgment.

Content from TruVideo. Except for User Content, all content on this Site and the Services, including but not limited to text, software, scripts, source code, API, graphics, photos, sounds, music, videos, and interactive features, as well as the trademarks, service marks, and logos contained therein (“TruVideo Content”), is owned or licensed to TruVideo in perpetuity and is subject to copyright, trademark, and/or patent protection. TruVideo Content is supplied to you "as is," "as available," and "with all flaws" for your personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any reason without TruVideo's express prior written approval. This Agreement grants no rights or licenses under any copyright, trademark, patent, or other intellectual right or license. TruVideo retains all rights in and to the TruVideo Content, this Site, and the Services that are not expressly given, and this Agreement does not transfer ownership of any of these rights.

NO SPAM; LIQUIDATED DAMAGES

There will be no spam. Spam communication is not tolerated by us. We keep an eye on all traffic to and from our sites for signs of spam.

Customers who are suspected of utilizing our products and services to send spam are thoroughly investigated. If we decide that there is a spam problem, we will take the necessary steps to rectify the situation.

Spam is defined as sending Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimiles (Fax) to recipients without first receiving previously confirmed agreement to receive these messages. This can include, but is not limited to, the following:

  • Email Messages

  • Newsgroup postings

  • Desktop system messages

  • In-App Notifications

  • Pop-up messages (aka "adware" or "spyware" messages)

  • Instant messages (using WhatsApp, Facebook Messenger, Yahoo, or other instant messenger programs)

  • Online chat room advertisements

  • Guestbook or Website Forum postings

  • Text/SMS Messages

We will not allow our Sites to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email. Upon request by us, conclusive proof of opt-in may be required for an email address or text number/address.

We may re-direct, suspend, or terminate any account if we decide that the account, products, or services in question are being used in connection with spam.

In this case, we may need you to respond by email to us saying that you will cease to send spam and/or have spam sent on your behalf, as well as pay a non-refundable reactivation fee before the site, email boxes, and/or services are reactivated, at our discretion.

Customers and recipients of messages created by our products and services are encouraged to report any suspected spam. Email can be used to report suspected misuse.

Damages that have been liquidated. You agree that we may promptly terminate any Account that we suspect is transmitting or otherwise affiliated with spam or another unsolicited mass email at our sole and absolute discretion. Furthermore, if real losses cannot be reasonably computed, you agree to pay us $1.00 in liquidated damages for each piece of spam or unsolicited mass message transmitted through or otherwise connected with your Account.

TRADEMARK AND/OR COPYRIGHT CLAIMS

TruVideo is a firm believer in intellectual property preservation. Please refer to TruVideo's Trademark and/or Copyright Infringement Policy, which is linked above and available here, if you want to file a trademark claim for a violation of a mark on which you have a legitimate, registered trademark or service mark, or a copyright claim for work on which you have a bona fide copyright.

LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by TruVideo. TruVideo assumes no responsibility for the content, terms, and conditions, privacy policies, or practices of any third-party websites. In addition, TruVideo does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release TruVideo from any and all liability arising from your use of any third-party website. Representations and warranties you specifically acknowledge and agree that your use of this site and the services found at this site shall be at your own risk and that this site and the services found at this site are provided “as is,” “as available” and “with all faults.” TruVideo, its officers, directors, employees, agents, and all third-party service providers disclaim all warranties, statutory, express, or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. TruVideo, its officers, directors, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and TruVideo assumes no liability or responsibility for the same. In addition, you specifically acknowledge and agree that no oral or written information or advice provided by TruVideo, its officers, directors, employees, or agents (including without limitation its call center or customer service representatives), and third-party service providers will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice.

The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.

Limitation of liability in no event shall TruVideo, its officers, directors, employees, agents, and all third-party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from the accuracy, completeness, or content of this site the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site.

The services found at this site or any sites linked (through hyperlinks, banner advertising, or otherwise) to this personal site injury or property damage of any nature whatsoever. third-party conduct of any nature whatsoever any unauthorized access to or use of our servers and/or any and all content, personal information, financial information, or other information and data stored therein, and/or any and all content, personal information, financial information, or other information and data stored therein, any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,  

any viruses, worms, bugs, ransomware, trojan horses, or the like, which may be transmitted to or from this site, application or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not TruVideo is advised of the possibility of such damages.

Additionally, you specifically acknowledge and agree that TruVideos total aggregate liability shall in no event exceed $10,000.00 us dollars.

The above limitation of liability applies to the fullest extent permitted by law and survives the termination or expiration of this agreement or your use of this site or the services found at this site.

INDEMNITY

You agree to defend, indemnify, and hold TruVideo, its officers, directors, employees, agents, and third-party service providers harmless from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of any kind and kind (including, without limitation, reasonable attorneys' fees) imposed on or incurred by TruVideo directly or indirectly arising from or related to your use of this website/App and other services:

  • your use of and access to this Site or the Services found at this Site; 

  • your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or 

  • your violation of any third-party right, including without limitation any intellectual property or other proprietary rights. 

The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

COMPLIANCE WITH LOCAL LAWS

TruVideo makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules, and regulations.

BINDING ARBITRATION

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration. The arbitration shall be conducted by Arbitration Resolution Services, Inc. (ARS), and the parties shall be bound by any and all rules of ARS and any award/decision rendered. ARS rules can be found at www.arbresolutions.com. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all decisions. Any such arbitration shall be conducted by an arbitrator experienced in [insert industry or legal experience required for arbitrator]and shall include a written record of the arbitration hearing. An award of arbitration may be confirmed in a court of competent jurisdiction.

SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

U.S. EXPORT LAWS

This Site and the Services found at this Site are subject to the export laws, restrictions, regulations, and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export or allow the export or re-export of the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied person List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott,” “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative, and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent, those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

TruVideo Legal Department

888 Worcester Street

legal@TruVideo.com