Effective from May 03, 2023

These Terms of Use (hereinafter “Terms”) form a legal agreement between You and Masterstroke Digiinnovators or Masterstroke Digiinnovators Pvt Ltd (hereinafter “MSDI”).

These Terms govern your use of or access to the Product and services offered by MSDI and the associated documentation (hereinafter “Service(s)”) via this website (https://www.videostori.io) from time to time. By clicking on the accept button or by accessing or using the Service you confirm that you are of legal age to accept and to be bound by these Terms and the terms in the Privacy Policy incorporated herein by reference.

If you do not agree to these terms then please do not access or use the Service.

1. License Grant

Subject to the provisions of these Terms and your payment of Fees as set out in Section 3 below, MSDI grants to you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your business purposes only (“License”).

2. Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and MSDI.

3. Eligibility

You should be of legal age of majority, in the country in which you are creating your account, to access or use the Services. If you are under the legal age, your parents or legal guardians shall agree to be bound these Terms on your behalf. By agreeing to these terms, your parent consent to be bound by the implications of all your actions or inactions in your account.

If you are representing an educational institution or using these Services for educational purposes, you shall be responsible for your compliance with the children privacy laws in your state and you agree to obtain parental consent if you are setting up students’ accounts on behalf of your students who are under the legal age.

If you are representing a company, organization or other legal entity, then you agree to these Terms for that entity and represent to MSDI that you have the authority to bind such entity to this Terms.

4. Revisions

MSDI may modify the Terms at any time. In case of significant changes to the Terms, you will be notified in your registered email address with at least 30 days advance notice of the changes made to the Terms. You may accept the modified terms by continuing to use the Services after the effective date of the modified Terms. If you do not agree to such modified Terms, you may terminate your use of the Services within 30 days of being notified of the modified Terms.

5. Fees, Payments, and Taxes

The fees for access and use of the Service will be billed to your credit card, provided during the registration process, at the beginning of every month. Except for the taxes on MSDI's net income, you are responsible for all GST, Sales, Excise, VAT and any other taxes associated with your use of the Services.

MSDI may increase the fees and bill your credit card for such increased Fees at any time and from time to time upon thirty (30) days prior notice to you.

6. Restrictions on Use of the Services

In addition to all other terms and conditions, you agree not to:

• provide any service based on the Services without MSDI's prior written permission;
• transfer the Services or otherwise make it available to any third party except in furtherance of your internal business purposes as expressly permitted herein;
• falsely imply any sponsorship or association with MSDI;
• use the Service(s) in any unlawful manner, including but not limited to the violation of any person’s privacy rights;
• publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
• use the Service(s) in any manner that interferes with or disrupts the integrity or performance of the Service(s) and its components;
• attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code of the Service(s)
• use the Service(s) to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, threatening or discriminatory;

7. Personal Information

You are responsible for maintaining the confidentiality of your username, password and other sensitive information that you provide to MSDI while registering for the Services. You are responsible for all activities that occur in your user account and you agree to inform MSDI immediately of any unauthorized use of your user account by email to privacy@videostori.io. MSDI is not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise. Any information collected from you will be used by MSDI in the process of providing the Services to you. And MSDI will use and protect your information as detailed in its Privacy Policy which is incorporated into these Terms by reference. Except as detailed in Section 3 of these Terms, MSDI will not knowingly collect, use or process any personal information of children who are under the legal age of majority.

8. Collection, Use and Transfer of Your Data

• MSDI collects your personal data as part of your registration process for the Services. Personal data means and includes any and all data indicating the identity of the person to whom it relates or data that can be used to identify a person.
• MSDI will treat all your personal data as confidential data and will use it after obtaining consent from you, for the purpose of providing the Services. By consenting to MSDI’s use of your personal data, you also consent to the processing of your data on servers located outside your territory.
• Except for those circumstances detailed in MSDI’s Privacy Policy, your personal data will not be passed on to third parties without obtaining your explicit consent.
• From time to time, MSDI may offer the Services in conjunction with other companies. If you register for or use a service of this type, the other company will also receive the information collected by MSDI in connection with this service and only to the extent required for providing its services. The companies concerned undertake to maintain the confidentiality of data thus transferred. These other companies shall be expressly prohibited from using your information for any other purposes.
• Additionally, your data may also be passed on to a service provider for processing payments within the scope of execution of these Terms. MSDI may also transfer personal information, including the content of the user's messages, for the following purposes:
• To meet statutory requirements or in response to complaints or legal proceedings,
• to protect the rights or property of MSDI and its customers, including the enforcement of agreements or guidelines on the use of the services,
• to act on the justified assumption that such action is necessary to protect MSDI's employees, customers or the general public.

9. Prohibited Content

All videos uploaded from your account (‘Content’) belong solely to you. You hereby agree to not upload any Content which is likely to violate the restrictions in Section 5 of these Terms. MSDI reserves the right to investigate and take appropriate action against anyone who violates the provisions of these Terms, including removing the corresponding Content without prior notice, terminating or suspending the user’s account or access to the Services and/or reporting such Content or activities to the respective law enforcement authorities.

10. Content Ownership

You hereby grant to MSDI an irrevocable, perpetual, non-exclusive, transferable, and a worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt and distribute (through multiple tiers), the content solely for the purpose of providing the Services to you. Except for the right expressly granted to MSDI herein, you do not grant any ownership rights to the content created by you to MSDI. MSDI respects your ownership rights in the content created or stored by you using the Services.

You may transmit or publish any content created by you using the Services. However, you shall be solely responsible for such content and the consequences of its transmission or publication. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be.

11. Ownership and Intellectual Property Rights

MSDI is not selling, but is only granting License to use the Services in accordance with these terms and conditions. MSDI owns all rights and title in the Service, including without limitation to any and all copyrights, trade secrets, trademarks and other proprietary rights.

12. Use of Name and Logo

When you sign up or access the Services representing an entity, you hereby grant to MSDI the right to use your entity’s trade name, trademark or service mark, whether registered or unregistered, in MSDI’s marketing, sales, or other publicly available materials solely to identify you as a user of MSDI’s Services. If you have any concerns in granting this right to use to MSDI, you can write your concerns to us at privacy@videostori.io

Except as expressly stated herein, neither party shall use the other party’s trade names or trademarks without first obtaining written permission from the owning party.

13. Confidentiality

You acknowledge and agree that these Terms and the Service contain proprietary information of MSDI (“Confidential Information”). You agree to maintain the confidentiality of the Confidential Information using at least the same degree of care that you will be using to maintain the confidentiality of your own most confidential information. Notwithstanding the foregoing, in the event that you are required by a valid court order or other governmental body to disclose Confidential Information, you may disclose such Confidential Information provided that you first give MSDI prompt notice in order to enable MSDI to have the opportunity to seek protection from such order of disclosure.

14. Indemnification

You agree to indemnify and hold harmless MSDI, its officers, directors, employees, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims brought against MSDI by a third party alleging that (i) your use of the Services or your data stored using the Services is in violation of these Terms, or is infringing or misappropriating the intellectual property rights of such third party; (ii) your use of the Services is in violation of any law, except where such use is authorized by MSDI.

15. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES (INCLUDING ANY WRITTEN MATERIALS), AND ANY SUPPORT OFFERED BY MSDI AS PART OF YOUR SUBSCRIPTION TO THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, ANY WARRANTY OF ERROR-FREE APPLICATION AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MSDI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SERVER(S) THAT MAKE(S) THE SERVICE AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

16. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, PRODUCT LIABILITY, NEGLIGENCE, OR OTHERWISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. EXCEPT AS PROVIDED IN THESE TERMS, MSDI SHALL NOT BE LIABLE FOR ANY LOSS RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES EVEN IF MSDI SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. IN NO EVENT SHALL MSDI’S ENTIRE LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS ARISING HEREUNDER EXCEED THE TOTAL AGGREGATE AMOUNT PAID BY YOU TO MSDI IN THE TWELVE (12) MONTH PERIOD PRECEDING THE INITIATION OF SUCH CLAIM OR ACTION.

17. Payments

You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

18. Refund and Return Policy

If customer is not satisfied within first 7 days of initial monthly subscription start, or within 3 days of subsequent renewal month, at our discretion we will refund 50% of that month’s subscription cost. For annual subscriptions, Videostori may refund 75% of the subscription price within the first 30 days of the subscription period. We reserve the right to refuse refunds based on our understanding of usage, intent, and other factors. If a refund is issued, the account and all of its associated data is deleted immediately.

19. Termination

MSDI may, without notifying you, suspend or terminate your subscription to the Services under the following circumstances:

• If you breach any of the provisions of these Terms and fail cure such breach within 30 days of notification,
• If MSDI becomes aware of the unlawful transmission of data by you. You have the right to terminate your subscription to the Services at any time. You may also terminate your subscription in case MSDI is in breach of its obligations under these Terms. Effect of Termination:

Upon termination, you shall stop using or accessing the Services. MSDI shall, upon your request return your data uploaded using the Services and completely delete all your personal data obtained from you at the time of registration for the Services. Survival:

Sections 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16 and 18 of these Terms shall survive the termination or expiration of your subscription for the Services.

20. Injunctive Relief

You agree that breach of Section 13 of these Terms will give rise to irreparable harm and injury to MSDI, and leave MSDI inadequately compensated in damages. Accordingly, MSDI may seek and obtain injunctive relief against your breach or threatened breach, in addition to any other legal remedies. You further acknowledge and agree that this provision is necessary for the protection of MSDI’s legitimate business interests and is reasonable in scope and nature.

21. Relationship of Parties

In performing any and/or all of MSDI’s respective obligations under this License, MSDI and You shall each operate as and have the status of being an independent contractor of the other party and neither party shall act as or be an agent or employee of the other party.

22. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of India without regard to its conflict of law principles. You hereby expressly agree to submit to the exclusive jurisdiction of the courts in New Delhi, India, for the purpose of resolving any dispute relating to these Terms or access to or use of the Service by you, your affiliates, agents or end-customers. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in New Delhi, India before a sole arbitrator. The award of the arbitrator so appointed shall be final and binding upon the Parties. The arbitration proceedings shall be conducted under the Arbitration and Conciliation Act 1996. The venue of the arbitration shall be New Delhi (India) and the arbitral proceedings shall be conducted in English language. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

23. Third-Party Services or Non-MSDI Services

Customer may choose to integrate, connect, or use MSDI's services with other services not directly provided by MSDI and in doing so grants MSDI permission to interoperate with these Non-MSDI Services and share Customer Data and Customer Content with them as directed by Customer or the Non-MSDI Services. If Customer uses Third Party Service:

• Customer warrants that if they use MSDI's Services to upload or make public Customer Content to Non-MSDI Services, Link including but not limited to YouTube or Google Classroom, that such Customer Content shall comply with the corresponding third-party terms of use (for example, MSDI Services uses the API for uploading content to Non-MSDI Services such as YouTube, Facebook, Instagram and Google. Please refer to their Youtube Terms of Sevice, Google Privacy Policy, Facebook Terms of Service and Instagram Terms of service. Click Security Setting page to see what apps have access to your google account) in effect and as updated from time to time;
• MSDI does not warrant or support Non-MSDI Services;
• ( Customer assumes all responsibility for the Non-MSDI Services and any disclosure, modification or deletion of Customer Data by the Non-MSDI Services;
• MSDI shall have no liability, and Customer is not relieved of any obligations under the Agreement or entitled to any refund, credit, or other compensation, due to any unavailability of the Non-MSDI Services or any change in the ability of MSDI to interoperate with the Third Party Services.

24. End of Terms

If you have any questions or concerns relating to these Terms, please write to us at privacy@videostori.io