TERMS OF USE

The website (hereinafter, “The Platform”) provides its users with services for converting Master Videos and performing quality control checks (hereinafter, “The Services”), according to the technical standards required by any recipient media, as defined in The Platform, for subsequent broadcast, playback, or transmission.

By creating an account and/or subscribing to any of the plans offered by The Platform, the User acknowledges and agrees to the terms and conditions set forth in this agreement.

1. Definitions.

Master Video Quality Control Check. A process known as Quality Control Check (QC Check), where The Platform verifies the minimum quality standards required to continue using The Services and to perform the conversion of the Master Video.

Minimum Quality Standards for Continued Use of The Services. The minimum requirements the Master Video must meet in order to use the conversion service and generate a QuickShot. The user can find the specifications at the following link: https://quickshots.ai/resources/techspecs
QuickShot Quality Control Check. The internal process of The Platform where it verifies that the QuickShot generated by The Platform meets the technical requirements set by each of the recipient media selected by the user.
Master Video Conversion. The process by which the audiovisual content uploaded by the user on The Platform is transformed or adapted to meet the technical standards required by the recipient media, as defined in The Platform (hereinafter, the Quickshots).
Master Video. Any audiovisual work uploaded by the user to The Platform for the purpose of using The Services.

2. Master Video and Intellectual Property.

Since the Master Video uploaded by the user to The Platform may include assets protected by intellectual property rights, the user guarantees that they are the rightful owner or have the necessary authorization to manage such rights or that they have obtained the necessary permissions to manage or commercialize the Master Video and its assets. The user guarantees that they are authorized to reproduce, distribute, and transform the Master Video and its intellectual property assets. The user will be solely responsible for the use of third-party intellectual property assets.

The Platform is not responsible for the content of the Master Video uploaded by the user or the assets it contains. The user will be responsible for all actions taken on The Platform and for the usage thereof. The user releases The Platform from any liability for claims, demands, lawsuits, damages, or injuries caused by the Master Video uploaded to The Platform. The user shall indemnify The Platform for any damages, losses, and legal expenses that may arise from the improper use of The Platform, the Master Video, or its assets. The Platform will notify the user of any claims made against them regarding the Master Video uploaded to The Platform.

In the creation of a QuickShot, the conversion of the Master Video will not constitute any creative input on the audiovisual work. Therefore, it is clarified that Quickshots are the exclusive property of the user or the third party who authorized the user to manage the Master Video on The Platform. The Platform may delete, restrict, or suspend accounts that violate the Terms and Conditions outlined in this document.

3. Live:brary.

Live:brary is the library associated with the user’s account on The Platform, where the user can store the Master Videos uploaded to The Platform as well as the QuickShots generated by it. This library provides the user with various file management services. The Terms and Conditions of use of Live:brary will depend on the type of subscription plan the user is on.

4. Master Video Quality Control Check.

The quality control check is the process of verifying compliance with the minimum quality standards required to perform the conversion of the Master Video. During this process, conducted upon the uploading of the Master Video, The Platform generates a report, indicating to the user the technical information that has been verified, and notifying the user of any technical issues that may limit or affect the quality of the conversion of the Master Video into a QuickShot. The report serves as a diagnostic that The Platform provides to the user, and the user understands and agrees that this quality control check does not perform technical corrections. It is the user’s responsibility to address the notifications in the diagnostic and independently correct the Master Video.

The Platform offers users a free subscription that includes five (5) Master Video quality control checks per month, ten (10) on-demand checks, and paid subscription plans starting from twenty-five (25) checks per month.

5. QuickShots.

A QuickShot refers to the final product delivered by The Platform to the user, understood as the video resulting from the transformation of the Master Video into a format that meets the technical standards required by the recipient media selected by the user. The Platform can generate a QuickShot as long as the Master Video has previously passed a quality control check, is available in the library, and does not exceed a duration of 60 seconds.

Once the QuickShot is generated, The Platform will send an email notification to the registered email address, informing the user of the availability of the QuickShot on The Platform. Receipt of the notification email marks the completion of the service provided by The Platform to the user and triggers the terms for download and distribution of the QuickShot, according to the terms and conditions.

6. QuickShot Quality Control Report.

The Platform guarantees that the delivered QuickShot meets the minimum technical standards required by each of the recipient media selected by the user through an internal quality control check. The user can view the report of this final verification online. In the event that the QuickShot is rejected due to non-compliance with the required technical standards, The Platform will be responsible for making the necessary corrections.

7. Download and Send.

“Download” refers to the process by which the user, either as the account owner or an invited user, transfers the QuickShot to their local device. “Send” refers to the process by which the user can share the QuickShot by sending a link via The Platform.

Downloading and/or sending the QuickShot is subject to a specific timeframe, as stipulated in the user’s subscription plan. The Platform is not responsible if the user does not download the QuickShot within the specified period, which may result in the loss of access to the QuickShot.

Once the user receives the email notification from The Platform about the QuickShot’s availability, marking the completion of the service, it is the user’s sole responsibility to download, share, or send the QuickShot (either through The Platform or otherwise) to the recipient media.

8. Intellectual Property Control.

To keep track of intellectual property rights, the user can input information about the owner and the duration of the license for each intellectual property asset included in the Master Video. Based on the user’s subscription plan, The Platform provides an additional service for notifications that alert the user to assets and licenses approaching expiration. The user will be notified thirty (30) calendar days before the expiration date.

9. Subscriptions.

To access the Platform and use the Services, the user must create an account by assigning a username and password, for which a valid email address must be provided. The Platform may suspend or cancel the user’s account to protect both the user and the Platform, as well as its partners, from identity theft or other fraudulent activities. The creation of accounts and registration of profiles on the Platform by minors is prohibited. Access to the Platform by the user is free of charge; however, some of the services offered by the Platform, including their scope and manner of use, are subject to payment.

Any subscription to the Platform shall be for a term of thirty (30) calendar days, automatically renewable. The user shall have the ability to change the plan to which they are subscribed by notifying the Platform before the end of the thirty (30) calendar days term. The change will take effect from the following month of subscription.

The user may cancel the subscription to a paid monthly plan at any time. Once the cancellation is made, the user will continue to have access to the Platform under the plan to which they were subscribed until the end of the subscription month. Upon completion of this period, the user will have access to the free Services under the terms and conditions of the Freelance Plan.

The Platform may delete, restrict, or suspend an account that violates the Terms and Conditions of use outlined in this document.

10. Shots.

To perform QuickShots, the user must make a prepaid purchase of credits (hereinafter referred to as “Shots”), which, once acquired, will be stored in the user’s virtual wallet on the Platform. Each QuickShot or conversion of a Master Video will be valued in Shots, as determined by the Platform. If, after the provision of the Master Video conversion service, there is a balance of Shots in favor, these will be stored in the user’s virtual wallet on the Platform and may be used in a subsequent transaction. Shots do not have an expiration date. The Platform does not offer refunds for Shots purchased or not used by the user.

11. Payment Method.

To make the payments required by the Platform, the user will be redirected to the Stripe payment gateway. The user must execute each payment as instructed by Stripe, and in doing so, must accept the terms and conditions of use of this payment gateway. The user will be responsible for any unpaid amounts. If a payment is not processed correctly and the user does not cancel their account, the Platform may suspend the user’s access to the Platform until the outstanding balance is paid. Payments will be processed in the user’s local currency, provided that it is supported by the Stripe payment gateway; otherwise, the payment will be made in U.S. dollars. Payments from users subscribed to corporate plans may be made via Bank Transfer, in which case the user should contact Sales.

12. Gift Shots.

Gift Shots are prepaid credits issued by the Platform in the form of vouchers to make payments for QuickShots. These vouchers are subject to limited use. Each Gift Shot will have different restrictions, and it is the user’s responsibility to review (i) the recipient media for which the voucher is valid; (ii) the territory in which the Gift Shots can be used; and (iii) the expiration date of each Gift Shot. Gift Shots generate a code for use, which will be validated when entered into the Platform. Provided they are valid, the Gift Shots may be stored in the user’s virtual wallet, where the user will be notified of the status of the entered vouchers.

13. Plans.

The terms and conditions of each of the monthly plans offered by the Platform are as follows:

– Freelance Plan:
The Freelance Plan is a free monthly subscription to the Platform, which grants the user the following benefits:(i) Free and limited access to Live:brary. If the user does not perform any QuickShots for a period of 6 months, the user will lose access to the Master Videos and QuickShots stored in the library;
(ii) Use of five (5) free Quality Control Checks per month; and
(iii) Downloading QuickShots generated during the subscription, within no more than fourteen (14) calendar days from the receipt of the email notifying the user of the availability of the QuickShots.

– Pro Plan:
The Pro Plan is a paid monthly subscription to the Platform, which allows the user the following benefits:
(i) Unlimited access to Live:brary;
(ii) Receiving intellectual property notifications;
(iii) Use of twenty-five (25) Quality Control Checks per month; and
(iv) Downloading QuickShots generated during the subscription, within no more than thirty (30) calendar days from the receipt of the email notifying the user of the availability of the QuickShot.

– Teams Plan:
The Teams Plan is a paid monthly subscription to the Platform, where the account creator can register up to four profiles, each of which will be managed and administered individually. The Teams Plan provides each registered profile with the following benefits:
(i) Unlimited access to Live:brary;
(ii) Receiving intellectual property notifications;
(iii) Use of fifty (50) Quality Control Checks per month, which may be distributed and managed at the discretion of the registered profiles; and
(iv) Downloading QuickShots generated during the subscription, within no more than forty-five (45) calendar days from the receipt of the email notifying the user of the availability of the QuickShot.

– Business Plan:
The Business Plan is a paid monthly subscription to the Platform, which is offered to a legal entity according to its needs and the services it requires. With the purchase of the Business Plan, the company will receive the following benefits:
(i) Register up to ten profiles under the same account, each of which will be managed and administered individually;
(ii) Receiving intellectual property notifications;
(iii) Unlimited access to Live:brary;
(iv) At least one hundred (100) Quality Control Checks per month; and
(v) Downloading QuickShots generated during the subscription, within no more than sixty (60) calendar days from the receipt of the email notifying the user of the availability of the QuickShot.

14. User Responsibility.

By accessing the Platform and using the Services, the user will be responsible for all activities carried out under their account on the Platform. The user is solely responsible for the content of the Master Video uploaded to the Platform. Furthermore, the user is solely responsible for uploading the Master Video in the proper conditions to utilize the Services.

It is the user’s obligation to select the correct recipient media, and the Platform will only be responsible for converting the QuickShot according to the technical quality standards of the selected media. The user acknowledges that the Platform provides only technical services and understands the policies regarding content admissibility for each of the selected recipient media, being solely responsible for the rejection of a QuickShot when the cause is attributable to its content.

15. Guarantees.

The Platform will only be responsible for matters related to the conversion of QuickShots. As a guarantee for the contracted service, the Platform will take the necessary actions and measures to ensure that the QuickShot meets the minimum technical requirements set by the selected recipient media, provided that such actions do not relate to the content of the video or defects associated with the Master Video. The Platform does not offer refunds for Shots due to errors in QuickShot processing. If the user wishes to make a suggestion, complaint, or claim, they may contact Customer Service.

16. Customer Service.

The Platform will provide the user with a communication and support channel at the following link: https://quickshots.ai/resources/helpcenter, through which the user may request assistance and customer service. The Platform will respond to user inquiries within a reasonable period.

17. Personal Data.

By using the Platform, the user accepts and authorizes the processing of their personal data, which may be stored, used, consulted, processed, reported, deleted, updated, transmitted, and transferred to third parties, and generally processed for the following purposes:

(i) creation and operation of the user account on the Platform;
(ii) development of the Platform’s database;
(iii) creation of the digital fingerprint of the Master Video processed by the Platform;
(iv) establishing communication channels with the user regarding services provided by the Platform;
(v) compliance with legal and contractual obligations related to the Platform’s activities; and
(vi) distribution of the processed and converted Master Video. To exercise the rights to query, modify, or delete the data, the user may email privacy@quickshots.io.

18. Access to the Platform.

The Platform is obligated to provide the Services diligently, taking necessary measures and actions it considers reasonable to fulfill its obligations and maintain the availability and security of the Platform. The Platform will not be held responsible for non-compliance due to (i) force majeure events; (ii) failures in information systems; or (iii) non-compliance by the user with the terms and conditions set forth in this document. The Platform will notify the user of any contingencies affecting the provision of Services or accessibility to the Platform. Additionally, to guarantee the Platform’s availability and security, the user agrees not to use the Services in ways that may cause damage to the Platform, affecting its availability or accessibility.

19. Validity.

The Platform reserves the right to modify these Terms and Conditions of Use, which will govern from November 15, 2024. Any changes will be notified to the user with one month’s notice. If the user does not agree with the changes made by the Platform, they may cancel their subscription.

20. Applicable Law.

These Terms and Conditions will be governed and interpreted in accordance with the laws of the State of Florida, United States, and all applicable federal and international provisions.

21. Dispute Resolution

In the event of any dispute arising from the use, application, or interpretation of these Terms and Conditions, the user must first contact the Platform to resolve the dispute. If the dispute is resolved, both the Platform and the user agree to waive any class-action lawsuits. Any type of conflict, claim, complaint, or other issues will be resolved individually by the courts of the State of Florida, United States.

22. Ownership of the Platform

The Platform is owned by Lathink America, LLC, domiciled in the State of Florida, United States.