Terms of Service

Terms of Service for Fliva

Updated: 19th of April 2023

Introduction
Welcome to Fliva, a video automation software platform operated by Fliva ApS, registered in Denmark,  and its subsidiary companies, including Fliva Global Australasia Pty Ltd, registered in Australia, and Fliva Global RE ApS, registered in Denmark, (collectively, “Fliva”). By using our services, you are agreeing to these Terms and Conditions.

Definitions

  • Fliva: Refers to Fliva ApS, Fliva Global Australasia Pty Ltd, Fliva Global RE ApS, and any other subsidiaries or affiliates.
  • User: Any individual or entity that accesses or uses Fliva’s services.
  • Services: The video automation software, platform, Fliva Studio App, animations, videos, recordings in the app and processed, Fliva Caption Flow, Fliva Clarity, auxiliary services, and automated videos generated using personalised data and input, including third-party integrations for obtaining data to use in videos.
  • Content: Any data, information, or material provided, created, or modified by the User while using Fliva’s services.
  • Third-Party Integrations: Refers to the integration of external software or services provided by third-party companies for the purpose of obtaining data to use in videos generated by Fliva.

User Rights and Responsibilities
As a User of Fliva, you have the right to access and use our services in accordance with these Terms and Conditions. You are responsible for providing accurate information, maintaining the confidentiality of your account, and ensuring that your use of our services complies with all applicable laws and regulations.

Using Fliva
In order to use the Service, you will receive account credentals with the administrative permissions needed for your role. User profiles are unique and consist of at least a user name, an encrypted password and an e-mail address. You are allowed to remove or disable the User’s accounts at any point in time and you are responsible for the creation of and/or amendments to the User’s profiles.
Fliva disclaims any liability resulting from the Content uploaded, produced and posted under your account.
Users must use Fliva services only for lawful purposes and in accordance with these Terms and Conditions. Users are not allowed to misuse Fliva services, including but not limited to, unauthorized access or attempting to interfere with the normal functioning of our services.

Sharing Content Provisions and Liabilities
Users are solely responsible for the content they create, share, or distribute using Fliva’s services. Fliva is not liable for any claims, damages, or losses resulting from User-generated content. Users must ensure that their content complies with all applicable laws, regulations, and these Terms and Conditions, and does not infringe upon the rights of any third parties, including but not limited to, intellectual property rights, privacy rights, and rights of publicity.

  • Fliva claims no intellectual property rights over the Content uploaded. The Client remains the owner of the account, Content and materials uploaded.
  • You must ensure that the Content’s authors consent to making the material accessible for uploading in the app. People present in the Content must consent to making the material accessible for uploading in the app. This applies to all Content, whether uploaded by Users or Visitors. Fliva has no liability for the uploaded material and shall not perform any clearing of rights.
  • Fliva is entitled to use the Client and the way the Client uses the Service as a reference in public communication unless otherwise directed in writing.

Code of Conduct

  • You may not use the Service for illegal purposes. You must not, in the use of the Service, violate any copyrights or trademark laws, laws in your jurisdiction and the laws of Denmark (including, but not limited to the Danish Act on Processing of Personal Data, the Marketing Act or the penal code). Fliva reserves the right to take necessary action to comply with the law and with judicial rulings, including, but not limited to, removing your Content from the Service without notice.
  • You agree not to use the Services to upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, pornographic, violent, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Fliva reserves the right to remove any site hosting such content from the Service without notice.
  • You shall observe common “etiquette” in presentation of the content and is liable for any Content in violation of these terms posted by both Users and Visitors. If Fliva receives a claim from the third party on account of violation of these Terms of Service, which result from the Client’s material breach, Fliva will forward the claim to you.
  • Fliva reserves the right to take any action to protect its network and computing resources against harmful activity stemming from either the Client’s or Visitors’ actions and/or infrastructure. If such activity interferes with the operation of the Service, actions include, but are not limited to, temporarily suspending, degrading or terminating access to the Service for some or all users.

Security and Storage of Videos
At Fliva, we prioritize the security and privacy of the videos created, modified, stored, and shared through our platform. To safeguard your content, we implement a range of industry-standard security measures, including encryption for data transmission and storage. We also continuously monitor our infrastructure to detect and prevent unauthorized access, data breaches, and potential vulnerabilities. Our platform utilizes secure servers located in certified data centers that adhere to strict physical and digital security protocols.
With regard to video storage, Fliva retains User-generated videos for a specified duration, as agreed upon in the sales agreement plan or as indicated in the Data Processing Agreement between Fliva and the Client, if available. Users can access their videos and related content within the storage period, subject to the limitations in the sales agreement. After the storage duration elapses or upon account termination, Fliva permanently deletes all user data, including personal information, videos, and other content. Users are responsible for creating backups of their videos if they wish to retain them beyond the storage period provided by Fliva.
Users acknowledge that the transmission and storage of data, including videos, may still be subject to risks, and agree to use Fliva’s services at their own discretion. In the event of any security breaches, Fliva will promptly notify affected users and take appropriate actions to mitigate potential risks and impacts.

Software Licensing and Usage
Fliva grants Users a limited, non-exclusive, non-transferable, and revocable license to access and use the software and services for business purposes only. Users must not resell, sublicense, or otherwise commercially exploit the software or services without prior written consent from Fliva.

General Payment Terms
Users are required to pay for Fliva’s services according to the pricing plan they have selected. Payments are due on a recurring basis, as specified in the sales agreement. Failure to pay may result in suspension or termination of the User’s access to Fliva’s services.

Updates and Maintenance
Fliva may periodically update and maintain its software and services to improve functionality, security, and performance. Users may be required to accept and install these updates to continue using Fliva’s services.

Limitation of Liability
Fliva does not guarantee that the service is available at all times. The Service is offered “as is” and “as available” and delivered on a best effort basis. The terms of this agreement may be amended by a separate Service-Level Agreement between Fliva and the Client.
Fliva disclaims any liability for any loss – direct as well as indirect, incidental, special, consequential or exemplary – which may be inflicted on you and includes damages for loss of profits, goodwill, use, data or other intangible losses (even if Fliva has been advised of the possibility of such damages) resulting from:

  • using the Service;
  • inability to use the Service;
  • defects in the Service;
  • defects in templates or rendered videos created via the Service;
  • the discontinuation of the Service;
  • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Service;
  • unauthorised access to or alteration of your transmission or data;
  • statements or conduct of any third party on the Service; 
  • analytics and measurement reports provided by the Service;
  • or any other matter relating to the Service.

Fliva is not liable for any loss resulting from damages inflicted by others including, but not limited to Users and Visitors.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (i) transmissions over various networks, and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Fliva disclaims any liability for loss or damage of  uploaded material.
If in spite of the above, Fliva is held liable, no matter the reason, Fliva’s liability to the User shall be limited to the received payment of the Service cost which Fliva has received from the User within the previous six months.

Separation of Ownership 
Fliva holds all intellectual property rights to the Service, including all copyrights, exclusive rights to trademarks, code and graphic elements constituting the Service. All rights reserved. You and your users agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the expressed written permission by Fliva.
You and your Users understand that by uploading material in the Fliva Studio App or giving access to your material through a third-party service, you accept that Fliva and others, whom you give access to the material, obtain a right to use this material as stated in the Terms of Service.
You remain the owner of the original content and any produced variants of the original content. Fliva is merely providing a service that modifies and processes your Content. However, as the author/rights holder to the Content, you grant Fliva permission to use the Content as required to operate the Service and to produce variants of the original content. This includes, but is not limited to, copying the Content between servers operated by Fliva and our technical partners, and transmitting the Content to Users and Visitors.

Terms of Fair Use and General Usage Limitations
Users must use Fliva Studio App and services in a manner consistent with fair use and these Terms and Conditions. Users must not engage in excessive usage that may interfere with the normal functioning of Fliva’s services or negatively impact other Users.

Third-Party Integrations
Fliva may integrate with third-party services to provide additional functionality and features. Users acknowledge and agree that their use of third-party integrations is subject to the terms and conditions and privacy policies of the respective third-party providers. Fliva is not responsible for the content, functionality, or performance of third-party integrations, and Users assume all risks associated with their use.

Data Privacy and Security, and Processing of Personal Data
Fliva is committed to protecting the privacy and security of User data, including any personalised data and third-party integrations. Fliva complies with Danish data protection laws and, in the case of Fliva Global Australasia Pty Ltd, Australian data protection laws.

  • Fliva acts as the data processor subject to the European Union’s General Data Protection Regulation (GDPR) with regards to personal data entered and/or stored by the Client. Fliva also acts as the information systems manager subject to the Danish Act on Processing of Personal Data and the Australian Privacy Act 1988 with regards to personal data entered and/or stored by the Client. The terms of this agreement may be amended by a separate Data Processing Agreement between Fliva and the Client.
  • You agree and warrant that any gathering and publishing of personal referable data through the Service shall take place in accordance with the Danish law and the Australian Privacy Act 1988 at any time, including the Danish Act on Processing of Personal Data, the Australian Privacy Principles, and the European Union’s General Data Protection Regulation. Fliva assumes no liability for your unlawful reproduction, publishing, transferring or processing of personal data.
  • You may contact Fliva regarding any necessary details on which data have been registered and are processed about you.
  • Fliva uses external IT suppliers necessary to maintain the technical operation and maintenance of the Service. IT suppliers are data processors for Fliva, and you accept that IT suppliers also process the data for which the Organisation is the information systems manager. IT suppliers act as data processors instructed by Fliva, and do not hold any rights to personal data or any other rights to the information you submit or the material you upload.
  • You accept that Fliva is using cookies throughout the Service for maintaining and limiting access to administrative functionalities, and, in some cases, Visitor level access. Fliva uses cookies for the gathering of anonymous usage statistics. The data and aggregated statistics can be made available for the Organisation, and it may be used for optimising the Service and its functionalities.
  • Your data is stored only until you have the account for using the Service. Once this is terminated, so is all your data including personal information and the Content.
  • Fliva does not transfer any personal details to third parties or collaborating companies for the Company’s own marketing purposes.
    Please refer to our Privacy Policy for more information on how we handle data privacy and security.

Help Desk
Fliva provides support for Users experiencing technical issues or seeking assistance with the software and services. Users can contact the help desk through the available support channels, and Fliva will make reasonable efforts to address and resolve issues in a timely manner.

Termination
Fliva reserves the right to terminate a User’s access to its services for any reason, including, but not limited to, a breach of these Terms and Conditions or failure to pay for services.
Fliva reserves the right to modify the features, design and/or functionality of the Service for any reason and without notice.Fliva reserves the right to discontinue the service. Users will be informed at least 6 months in advance in such instance. In addition, Fliva reserves the right to transfer the Service wholly or in part with all the Content, Users and rights to the third party.

Governing Law and Jurisdiction
These Terms and Conditions are governed by Danish law, except for Fliva Global Australasia Pty Ltd, where Australian law applies. Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the competent courts of Denmark or Australia, as applicable.

Changes to the Terms and Conditions
Fliva reserves the right to modify these Terms and Conditions at any time, without prior notice. Users are responsible for regularly reviewing these Terms and Conditions to stay informed of any changes. Continued use of Fliva’s services constitutes acceptance of the updated Terms and Conditions.

Contact Information
If you have any questions, concerns, or feedback regarding these Terms and Conditions or Fliva’s services, please contact us using the following information:
For Fliva ApS and Fliva Global RE ApS:

  • Email: mail@Fliva.com
  • Address: Jens Baggesens Vej 47, 8200 Aarhus N, Denmark
  • Business registration number: DK36064951

For Fliva Global Australasia Pty Ltd:

  • Email: mail@Fliva.com
  • Address: UNIT 25 194-198 WILLARONG RD, CARINGBAH NSW 2229 , AUSTRALIA
  • Business registration number: A.C.N. 665 038 862

Severability
If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Waiver
No waiver by Fliva of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fliva to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

Indemnification
Users agree to indemnify, defend, and hold harmless Fliva and its subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, losses, liabilities, damages, expenses, and costs, including reasonable attorneys’ fees, arising out of or related to their breach of these Terms and Conditions, their misuse of Fliva’s services, or their violation of any applicable laws or regulations or the rights of any third party.

Force Majeure
Fliva shall not be liable for any failure or delay in the performance of its obligations under these Terms and Conditions due to events beyond its reasonable control, including, but not limited to, natural disasters, acts of God, terrorism, war, labor disputes, government actions, or interruptions in telecommunications or internet services.

Assignment
Users may not assign or transfer their rights or obligations under these Terms and Conditions without the prior written consent of Fliva. Fliva may freely assign or transfer its rights and obligations under these Terms and Conditions without restriction.

Survival
Any provisions of these Terms and Conditions that, by their nature, should survive termination of a User’s access to Fliva’s services, including, but not limited to, limitations of liability, indemnification, governing law, and dispute resolution provisions, shall continue to remain in full force and effect after termination.

Export Compliance
Users acknowledge and agree that Fliva’s services may be subject to international export control laws and regulations, including but not limited to, the United States Export Administration Regulations (EAR), the EU Common Foreign and Security Policy (CFSP), and the Australian Export Control Act. Users shall not use Fliva’s services in violation of any export control laws or regulations and agree to comply with all applicable laws and regulations regarding the import, export, or re-export of Fliva’s services.

Third-Party Content
Fliva’s services may contain content provided by third parties, including, but not limited to, links to external websites, materials, or resources. Fliva is not responsible for the content, functionality, or performance of any third-party content and does not endorse or assume any liability for the accuracy, legality, or reliability of such content. Users acknowledge that they access and use third-party content at their own risk.

No Warranty
Fliva’s services are provided on an “as is” and “as available” basis, without any warranty of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Fliva does not warrant that its services will be uninterrupted, error-free, or completely secure, or that defects will be corrected. Users assume the entire risk as to the quality and performance of Fliva’s services.

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