Terms & Conditions

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://videoness.com website and the Videoness software-as-a-service (the "Service") operated by TECHenya Solutions ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Definitions

• "Service" refers to the Videoness software-as-a-service platform, including the video widget, dashboard, analytics, and associated technologies.
• "Website" refers to any website where you integrate the Service's JavaScript snippet.
• "User", "You", and "Your" refer to the individual or entity that has registered an account to use the Service.
• "User Content" means all videos, text, data, information, and other materials uploaded or submitted to the Service by you.
• "Account" means the account created by a User to access and use the Service.
• "Subscription" refers to the plan (e.g., Convert Plan, Convert Plus Plan, Convert Pro Plan) you select to access the Service.
• "Interaction" means a measurable engagement with the Videoness widget, typically including a widget load, an expanded view, or a call-to-action click.

2. Accounts

When you create an Account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

3. Subscriptions and Billing

3.1. Free Trial

Videoness may offer a 7-day free trial for new users to test the Service. At the end of the trial period, you must purchase a paid Subscription to continue using the Service. We reserve the right to modify or cancel the free trial offer at any time.

3.2. Subscription Plans

The Service is billed on a subscription basis. You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the subscription plan you select.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal through your online account management page or by contacting our support team.

3.3. Payment

A valid payment method is required to process the payment for your Subscription. Our payment and subscription billing is handled via WooCommerce Subscriptions. You shall provide accurate and complete billing information. By submitting such payment information, you automatically authorize us (or our third-party payment processor) to charge all Subscription fees incurred through your Account.

3.4. Fee Changes

Videoness, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

4. Video Interactions & Pay As You Go

Your Subscription plan includes a specific quota of "Video Interactions" per Billing Cycle. An Interaction is defined as a measurable engagement with the widget (e.g., widget load, expanded view, CTA click).

If you exceed your monthly quota, your widgets may stop serving unless you upgrade your plan or purchase a "Pay As You Go Pack." Pay As You Go Packs allow you to purchase a one-time bundle of additional Interactions, which do not expire as long as you have an active Subscription.

5. Content Ownership and License

5.1. Your Content

You retain all ownership rights to your User Content. We do not claim any ownership rights over your User Content.

5.2. License to Videoness

By uploading or submitting User Content to the Service, you grant Videoness a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely in connection with providing and operating the Service. This license is only for the purpose of displaying your video widgets on your Website(s) and for providing analytics to you in your dashboard.

5.3. YouTube Integration

The Service allows you to integrate and display videos hosted on YouTube. By using this feature, you agree to be bound by the YouTube Terms of Service. Videoness is not responsible for any content or practices of YouTube.

6. Acceptable Use Policy

You agree not to use the Service for any purpose that is unlawful or prohibited by these Terms. You agree not to:

• Upload or display any User Content that is illegal, defamatory, obscene, pornographic, or invasive of another's privacy.
• Upload or display any User Content that infringes on any patent, trademark, trade secret, copyright, or other intellectual property rights of any party.
• Use the Service to transmit spam, junk email, or any other form of unsolicited communication.
• Use any automated system, including "robots" or "spiders," to access the Service in a manner that sends more request messages to the servers than a human can reasonably produce.
• Attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service.
• Reverse engineer, decompile, or disassemble any aspect of the Service.

7. Third-Party Integrations

The Service provides integrations with third-party platforms such as WordPress, WooCommerce, and Shopify. These integrations are provided "AS IS." We are not responsible for the operation, functionality, or any issues arising from your use of these third-party platforms.

8. Privacy Policy

Our use of your personal information is governed by our Privacy Policy. Please review our Privacy Policy, which explains how we collect, use, and disclose information.

9. Termination

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your Account, you may do so by canceling your Subscription from your Account dashboard.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

VIDEONESS, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

11. Limitation of Liability

IN NO EVENT SHALL VIDEONESS, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

12. Indemnification

You agree to defend, indemnify and hold harmless Videoness and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of [Your Country/State, e.g., Kenya], without regard to its conflict of law provisions.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms

taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

15. Contact Us

If you have any questions about these Terms, please contact us at [email protected].