Welcome to the Simply Video Limited’s privacy policy.

Simply Video respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

1. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how Simply Video collects and processes your personal data through your use of this website, including any data you may provide through this website when you use a free service or purchase a service.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller

Simply Video Ltd is the controller and responsible for your personal data ( referred to as “Simply Video”, “we”, “us” or “our” in this privacy policy).

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise [your legal rights], please contact the DPO using the details set out below.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact our DPO n the following ways: Simply Video Ltd

Email address: privacy@simplyvideo.io

Postal address: Unit 8 Sheepscar Way, Leeds, England, LS7 3JB

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

1. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes [first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender].
• Contact Data includes [billing address, delivery address, email address and telephone numbers].
• Financial Data includes [bank account and payment card details].
• Transaction Data includes [details about payments to and from you and other details of products and services you have purchased from us].
• Technical Data includes [internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website].
• Profile Data includes [your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses].
• Usage Data includes [information about how you use our website, products and services].
• Marketing and Communications Data includes [your preferences in receiving marketing from us and our third parties and your communication preferences].

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

1. How is your personal data collected?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your [Identity, Contact and Financial Data] by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
• apply for our products or services;
• create an account on our website;
• subscribe to our service or publications;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us feedback or contact us.
• Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns.
• We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy https://simplyvideo.io/cookies for further details.

Technical Data from the following parties:

1. analytics providers ; Segment, Mixpanel, Intercom, Sendgrid.
2. advertising networks such as Linkedin, Facebook and Twitter based outside the EU; and
3. search information providers such as Google based outside the EU.

• Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Stripe based outside the EU.
• Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU.

1. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing 

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us 

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased [goods or services] from us and you have not opted out of receiving that marketing.

Third-party marketing 

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by simply unsubscribing to our marketing emails. These changes will not effect the service that you receive but change the way in which we communicate our products updates and changes. You may activate these updates again at any time by signing up to product update services.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookies page https://simplyvideo.io/cookies/.

Change of purpose 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

1. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above.

• Professional advisers including lawyers, bankers, auditors and insurers based in the UK who provide [consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities based [in the United Kingdom who require reporting of processing activities in certain circumstances.
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

1. International transfers

We do not transfer your personal data outside the European Economic Area (EEA).

1. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

1. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your data: see below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

1. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

If you wish to exercise any of these rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

1. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

SimplyVideo Cookie Policy

• Why we use cookies

Simply Video’s websites, products, and services use cookies and similar technologies to help us deliver better user experiences. A cookie is also a small text file stored by websites and other online applications on your device. This helps a website or app to remember useful information about you.
Cookies help with tasks such as letting you create a Simply Video account, or counting the number of people who visit our websites and seeing which pages users visit most often. This not only lets us make overall improvements to our websites, products and other services, but makes your own user experience smoother and more efficient.

1. What we use cookies for

We use cookies for a few different reasons depending on the purpose of a particular web page or online application. Some of the cookies we use for analytics and performance tracking are provided by third-parties.
Cookies can be used to understand and analyze certain aspects of how people are interacting with our websites and other online applications. Some of the things we collect can include:

• Your IP-address
• Your physical location
• The type of web-browser and device your using
• How you found our website(s)
• How long you stay on our website(s) and which pages you visit

We use cookies in the following ways:

1. Storing settings and preferences: saves your user settings in our apps and web pages, for example, your preferred language, or your default camera or microphone settings
2. Sign-in / authentication: we use encrypted cookies to store your unique user ID so that we can check that’s you and so that you don’t have to sign in on every single page once logged in
3. Security: We may use cookies to detect fraud or other suspicious activities on our websites, products, and services
4. Saving information you provide us on a website: We use cookies to store the information you provide, for example remembering which products or services you have added to a new order
5. Digital advertising: we use cookies to better understand our audiences’ different online interests and activities and provide more relevant information and content in our online advertising
6. Insight and analytics: we use cookies to collect relevant performance data on how people interact with our websites, and better understand how people use our products and services so we can continue to deliver and improve our products and business operations
7. Cookies used on Simply Video websites

We use cookies to help deliver a better experience for users on our public websites, for example, by offering more relevant content to returning visitors, or users on mobile devices:

• The first time you visit our website you will be shown a notification about our use of cookies and asked if you would like to accept our use of cookie tracking
• You can use our website without accepting, but this will limit your user experience and prevent us from offering you all our content or information

1. Cookies used by Simply Video products and services

By creating and activating a Simply Video account, you’re agreeing to our use of cookies (as described in this cookie policy) and to our terms of service.
Simply Video and our affiliated partners use cookies and similar technologies to remember personal information about you when you log in and use our online services and applications. Our goal is to make your experience with Simply Video more convenient and personal:

• It is possible to use some of our products and apps as a guest user without logging in
• As a guest user, you will be asked whether you want to accept our use of cookies
• You may select No; however, in doing so, some simple user settings and preferences will not be saved

Whilst Simply Video may use information collected by cookies and similar web technologies on our marketing and advertising services, we will never sell the information collected by cookies or similar technology to third parties.

1. Setting your cookie preferences for your web browser

It’s possible to disable cookies for all websites via your web browser’s settings. Most browsers accept cookie tracking by default, so if you would like to disable cookie tracking you should check your settings to ensure they’re disabled if required. Your browser should also allow you to delete existing cookies already saved on your device.

Please be aware that you may not be able to access certain features and functionality available for Simply Video products and services if you disable cookie tracking, since they rely on cookies to work. If you choose to delete or disable cookies, you may need to re-enter any previously saved preferences and settings:

• Disabling cookie tracking can usually be found under your web browser’s default settings (Settings/ Advanced Settings > Privacy & Security)
• Because each web browser is slightly different you should refer to a specific browser’s own user guides or help documentation for detailed instructions where available
• Since each web browser has its own privacy and cookie settings. disabling cookies in one browser will not disable cookies when using another web browser

SimplyVideo Terms Of Use

These General Terms apply generally to the use of the service Simply Video (the “Service” or “Simply Video”), and constitute a contract between you and Simply Video Limited (“The Company”). These terms govern your access to and use of the Simply Video application and website (the “Service”), and any video, sound, text, graphics, or other materials sent, received, stored or otherwise appearing in the Service (collectively referred to as “Content”). Parts of the Service may display Content that is not Simply Video’s (“User Content”). Such content is the sole responsibility of the person or entity that has made it available. When “Content” is used in this document, it refers to both content provided by Simply Video and User Content collectively, unless otherwise specified.

Where applicable, “The Company” shall also be understood as a reference to affiliates, suppliers, partners and other third parties Simply Video may engage or otherwise cooperate with in connection with the Service

By using Simply Video you agree to these General Terms and the Privacy Policy (collectively referred to as “Terms”). Please read them carefully. If you don’t agree to the Terms, you can’t use Simply Video.

We may change these Terms at any time. If a change is material, we’ll let you know before it takes effect provided that we have your correct email address. By using Simply Video on or after that effective date, you agree to the new Terms. If you don’t agree to them, you should delete your account before they take effect, otherwise your use of the Service and Content will be subject to the new Terms. For paid versions of the Services or Content that you have already purchased, we will notify you at least 30 days prior to any material changes, including price changes.



2. Age limitation

Simply Video is only for people 16 years old and over. By using Simply Video, you affirm that you are over 16. If we learn that someone under 16 is using Simply Video, we’ll terminate their account. For use in educational settings or use of our Meetings API in your own service, contact us.

3. How you can use the Service

The Free version of Simply Video is for legitimate individual use only (personal or business communication). Commercial use of Simply Video as part of your own business offering requires one of our paid plans or the Meetings API. Your use of Simply Video requires that you have hardware, software and an Internet connection fulfilling certain recommended requirements, as may be specified in our Support Center. If the recommended requirements are not met, you may potentially still use the Service, but normally with a lower quality or performance. Such reduced quality or performance will not give you the right to claim any compensation from Simply Video.

To use certain parts of the Service, you will need to create a personal Simply Video account. You may register an account by following the instructions on the Website or other instructions prompted to you. You are responsible for providing and maintaining accurate and updated personal information, and for safeguarding your account information. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid email address, and Simply Video reserves the right to verify this at any time. Simply Video will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Your account is strictly personal and shall not be used by any other person without your supervision. Neither shall you assign your account to any other person. You are in any event solely responsible for the use of the Service through your personal user account.

We may change, terminate, or restrict access to any aspect of the Service or your account, at any time, without notice. We reserve the right to impose limitations of use based on what we consider fair or legitimate usage, both for free and paying users.

You are responsible for your use of Simply Video, including the lawfulness of any content displayed, shared, uploaded or otherwise made available by you in the Service (“the User Content”). User Content includes room names, and you are responsible for ensuring room names does not include Prohibited User Content (as listed below). Your room names are used to construct the links identifying your rooms, and guests you invite and other third parties can (request to) enter your rooms based on these links. As these guests do not need to authenticate to Simply Video in order to do this, please be aware that room names must be considered public information. Do not include information that you do not want to make public in room names.

4. Restrictions on Content and Use of the Service

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public.

We reserve the right to report illegal activity to applicable local authorities.

Prohibited User Content includes, without limitation, content which:

• is offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred, harassment or physical harm of any kind against any group or individual;
• displays or links to pornographic, sexually explicit or any other indecent material;
• promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• promotes or endorses an illegal or unauthorised copy of another person’s copyrighted work;
• infringes on other’s trademarks, copyright or legal rights
• contains restricted or password only access pages or hidden pages or images;
• solicits passwords or personal data from other users; or
• violates the rights of or harms or threatens the safety of other users or the Service.
• shares Personal information about others, without their consent

Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that have been mislabelled or is otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content generated or made available via the Service.

We give you a personal, limited, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the software that is provided to you by us as part of the Service for your personal or business use. This license is for the sole purpose of enabling you to use the Service as provided by us, subject to these Terms.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Service, our internal computer systems including technical delivery systems of our subcontractors used to provide the Service; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service or its users.

The Service may contain cryptographic functionality where the export of such could be restricted under applicable export control laws. You shall not export or re-export the Service or parts of it in violation of such laws or regulations.

Charging for Use of the Services

The Service is available as a Free plan for personal use, a paid Pro plan for professional use by individuals, and a Business plan for professional use by teams or organisations. We also offer a developer API (“Meetings API”) as an extension of the Business plan, for customers who want to integrate Simply Video in their own products or tools.

As a Free user, you can at any time choose to upgrade your account, which will give you additional Pro features in the rooms you own. The Pro features will then be available to all guests visiting the room, even if they’re anonymous. We reserve the right to change the features included in our plans, the price of the paid plan and the structure of the plan at any time.

The Business plan requires creation of a custom subdomain (company.Simply Video.com) and allows you as the account creator to invite other users to create a profile in the account. By signing up for a Business account, you confirm that you are a legal representative, or are acting on behalf of such person, of the company name used in the account subdomain. You may not set up an account that impersonates or infringes on other’s trademarks. If your content or actions in the service or usage of our API violate any laws, including but not limited to spam, phishing, copyright infringement, defamation, computer attacks or fraud, we will terminate your service as soon as we find out.

You will find an updated overview of the content of the plans on our Pricing page. Details around use and billing of the Meetings API will be outlined in the Order Form you as a customer commit to. We will notify all paying users of material changes to the content, price and terms of the plan.

All payments shall be made in advance or otherwise as laid out on the Pricing page. If your payment is not successful, your room will be downgraded to the Free plan with access to Pro features removed. If you have created more than one room during your Pro subscription, you will need to select one room to keep using with the Simply Video Free plan. Upgrading to Pro or Business will start a recurring subscription, and you will be billed every month in advance, on the day of month the subscription was first created. You can cancel the subscription at any time in the billing page, and you will then have access to Pro features for the remainder of the month you have paid for. When that month ends, your account will automatically be downgraded to the Free plan. Should you choose to reactivate your subscription before the account is downgraded, you will continue to have Pro features uninterrupted. In the case where payment fails for Pro and Business customers, you will be notified by email and inside the service. If repeated attempts to collect the payment fails, we may disable or block access to the account until payment of all invoices are settled. If payment is not received within a reasonable time, as outlined in our support center, the account will be downgraded to Free (for Pro) or deleted (for Business).

Payment processing services for Simply Video, including the processing and storing of credit card data, are provided by Stripe Payments Europe, Ltd. (“Stripe”) and are subject to the Stripe Services Agreement – UK (“Stripe Services Agreement”). By agreeing to these terms and continuing to operate as a customer of a paid Simply Video plan, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Simply Video enabling payment processing services through Stripe, you agree to provide Simply Video accurate and complete information about you and your business, and you authorise Simply Video to share with Stripe Payments Europe, Ltd. this information and transaction information related to your use of the payment processing services provided by Stripe.

6. Privacy and Personal Data

When delivering the Service, Simply Video will collect and process personal data about you and your use of the Service. By using the Service, you agree that Simply Video can use your personal data in accordance with our Privacy Policy and in accordance with the consents you have given us. The Privacy Policy is available on this page.

Simply Video will comply with UK and EU privacy regulations.

7. Communication

Simply Video may need to send you information about the Service, such as important service announcements and administrative messages, by SMS, email or other means of electronic communication, by posting a notice on the Website, or through any other relevant communication channels.

Simply Video may offer to send you promotional information by SMS, email or other means of electronic communication. You may choose to opt in to receiving such communication and can manage your consents in the Settings page on https://Simply Video.com/user/profile.

8. Integrations

We may make available functionality allowing you to integrate other services (“Integration Service”) into Simply Video. Usage of such services will be governed by the Terms applicable for the Integration Service used. Currently these include YouTube Terms of Service, Google Drive Terms of Service and Atlassian Terms of Service.

When using the Service or third-party integrations to the Service, you may be exposed to commercial messages and advertisements. The Website and the Service may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Simply Video of the contents of such third party websites. Simply Video excludes any responsibility for the content of linked third party websites.

9. Intellectual Property Rights

All rights, title to and interest in the Service (excluding User Content) are and will remain the exclusive property of Simply Video. The Service and its content are protected by copyright and other intellectual property rights in the country you reside as well as foreign countries.

Except for the limited, personal, non-exclusive, non-transferable and revocable license granted to you for the sole purpose of your use of the Service in compliance with the Terms, you are not granted any ownership of or license to any intellectual property rights in our Service or in the content owned by us our partners that you access through the Service.

The trademarks, logos, domain names and any other similar signs or symbols which are displayed on the Website or as part of the Service are the registered and unregistered marks of Simply Video. Nothing in the Terms grants you the right to use any such marks.

You retain your rights to any Content you submit, post or display on or through the Service. By submitting User Content, you grant Simply Video, or must procure that your licensors grant Simply Video, a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, irrevocable and worldwide license to use, reproduce, store, modify, distribute, publish and create derivative works of such User Content for any purpose, commercial or otherwise. You represent and warrant that you own any User Content submitted by you or that you otherwise are entitled to submit such User Content and to grant us such license.

10. Termination

You may stop using our Service, by deleting your account in Settings on your personal account on the website. As a subscriber of a paid plan, you may terminate your subscription at any time, and will have access to the Service for the remaining (pre-paid) billing period. The Company reserves the right to terminate the Service and the agreement with you with immediate effect upon written notice to you. Users of the paid plans may be entitled to refunds and to the extent this is described on our Support Center. No users are entitled to refunds upon termination due to breach of these Terms. What we consider Fair Use is described in our Support Center. We reserve the right to terminate accounts with usage that exceed the Fair Use Policy.

11. Miscellaneous

Disclaimer of warranty. Simply Video provides the Service to you “as is”. You acknowledge that the Service is not error-free. You use it at your own risk and discretion. That means the Service doesn’t come with any warranty. None express, none implied. The service will be continually developed, and you acknowledge that changes to functionality and layout may carried out without advance notice. Simply Video makes no warranties, expressed or implied, with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of the Service. Simply Video will from time to time have to carry out updates and maintenance of the Service, due to technical, security or operational reasons, during which time the Service might be unavailable. Simply Video will make reasonable efforts to arrange updates and maintenance outside of peak usage hours.

Limitation of Liability. Simply Video shall not be liable for any damages, whether arising under law, contract, warranty, indemnification, tort or otherwise, including, without limitation, incidental and consequential damages, loss of profits or business opportunities, or damages resulting from loss of data or loss of access to the Service. In any event, Simply Video’s total liability shall not exceed the amount paid by you for the Service during the last 12 months prior to the incident that causes the liability.

Indemnity. You agree to indemnify, defend and hold harmless Simply Video and its partners from all claims, liabilities and expenses (including reasonable attorney’s fees) that arise from your misuse of the Service in breach of the Terms or applicable laws. Simply Video reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall cooperate in good faith with Simply Video in asserting any available defenses.

Partial invalidity. If any provision of the Terms is declared invalid or unenforceable by a court or other binding authority, the remaining terms (or parts), conditions and provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

Force majeure. Force Majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, strikes or other labor disputes, riots or other civil disturbances, voluntary or involuntary compliance with any law, order regulation, recommendation or request of any governmental authority, and errors or downtime in networks, power supply, gateway or similar failures of communication. Neither party will have any liability, other than for the payment of money owing, for their failure to perform any of their contractual obligations arising out of or in connection with events of force majeure.

Assignment. Simply Video is entitled, in whole or in part, to assign its rights and obligations under the Terms to a third party at its own discretion.

Choice of Law and Dispute Resolution. The Terms shall be governed by and interpreted in accordance with English law. Any dispute, controversy or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the English courts.