1. Introduction
    1. These terms and conditions (the ”Terms”) govern the use of the adbot video creation service (the ”Service”) provided by doop dmp Oy, FI24007661  (the ”Company”). By using the Service, the user (the ”Client”) agrees to be bound by these Terms. If the Client does not agree to these Terms, they should not use the Service.
    2. Parties:
      1. The Client: any individual or legal entity that requests the Service and accepts the Terms.
      2. The Company: doop dmp Oy, FI24007661, provider of the Service.
    3. Key Definitions:
      1. ”Service”: the video creation service provided by the Company, as described in Section 2.
      2. ”API”: the application programming interface used to connect to the Service, as described in Section 2.
      3. ”Intellectual Property”: any and all patents, trademarks, trade names, logos, copyrights, trade secrets, or other proprietary rights related to the Service, as described in Section 4.
    4. By using the Service, the Client agrees to be bound by these terms and conditions, as well as all other policies, guidelines and rules that may be published by the Company.
  2. Service Description
    1. The Service allows users to create personalized animated video files using pre-made templates and user-provided input such as text, images and/or using data from APIs.
    2. The Client shall be responsible for obtaining and maintaining any necessary API access and ensuring compliance with all API terms of service, including but not limited to, obtaining all necessary licenses and permits, in connection with the use of the API by the Service.
    3. The Company reserves the right to make changes to the Service, including but not limited to, changes to the templates, user interface or the operation of the Service at any time without notice.
  1. Restrictions on Use
    1. The Client shall not use the Service for any illegal or unauthorized purpose.
    2. The Client shall not reproduce, duplicate, copy, sell, trade, or resell the Service for any purpose.
    3. The Client shall not use the Service in a way that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service.
    4. The Client shall not use the Service in any manner that infringes any intellectual property rights or other rights of any third party.
    5. The Client shall not upload or submit any content that is pornographic, hateful, or violent in nature.
  2. Intellectual Property
    1. The Service and all content and software associated with the Service are the property of the Company and are protected by copyright and trademark laws.
    2. The Client shall not use the Company’s name, logos, or trademarks without the prior written consent of the Company.
  3. Disclaimer of Warranties
    1. The Service is provided on an ”as is” and ”as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included on the Service.
  4. Limitation of Liability
    1. The Client shall assume full responsibility for any loss or damage that results from the use of the Service, including but not limited to, any damage to the Client’s computer system or loss of data.
    2. The Company shall not be liable for any damages of any kind, including but not limited to, direct, indirect, incidental, punitive, and consequential damages, arising from or in connection with the use of the Service.
    3. The Company makes no warranty that the Service will meet The Clients requirements or that the Service will be uninterrupted, timely, secure, or error-free.
  5. Indemnification
    1. The Client shall indemnify and hold the Company, its directors, officers, employees, and agents, harmless from and against any claims, actions, suits, including but not limited to, reasonable legal fees, arising out of or in any way connected with the Client’s use of the Service, or the Client’s breach of these Terms.
  6. Privacy Policy
    1. The Company shall use the Client’s personal information in accordance with its privacy policy, as outlined on its website.
  7. Feedback
    1. The Client may provide feedback regarding the Service, including but not limited to, suggestions for improvements or new features.
    2. The Company shall have the right to use and incorporate any feedback provided by the Client into the Service without compensation or attribution to the Client.
  8. Governing Law
    1. These Terms shall be governed by and construed in accordance with the laws of Finland, without giving effect to any principles of conflicts of law.
    2. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Finland
  9. Assignment
    1. The Company shall have the right to assign these Terms and the rights and obligations hereunder, in whole or in part, at any time without notice to the Client.
  10. Use of the Client and generated content as reference
    1. The Client grants the Company the right to use the Client’s name, logo, and trademarks, as well as the generated content, for the purpose of referencing the Client as a user of the Service, on the Company’s website, marketing materials, and in other promotional communications.
    2. The Client represents and warrants that it has the right to grant the Company the rights set forth in this section, and that the use of the Client’s name, logo, trademarks, and generated content in accordance with this section will not infringe any intellectual property rights or other rights of any third party.
    3. The Client may revoke this authorization at any time by providing written notice to the Company
  11. Pilot stage
    1. The Service is currently in a pilot stage, and is being made available to a limited number of users for the purpose of testing and evaluation.
    2. The Company makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Service or the information, products, services, or related graphics contained in the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
    3. The Service is provided ”as is” and the Company shall have no liability whatsoever arising from or relating to the use of the Service.
  12. Server Instance
    1. The Company shall provide the Client with a server instance for the purpose of generating the video content.
    2. The Client understands that the server resources will be allocated on a first-in, first-out basis and that there may be delays in the processing of the video content.
    3. The Company shall actively monitor the server instance to ensure optimal performance, but cannot guarantee 100 % uptime.
    4. The Company shall actively update  the server instance to ensure optimal performance, which may result in service interruption. 
    5. The Client agrees to use the server instance in a fair and reasonable manner, and not to engage in any activities that could negatively impact the performance of the server for other users.
    6. The Company reserves the right to take action, including but not limited to, suspending or terminating the Client’s access to the server instance, if the Client’s usage is deemed to be excessive or in violation of the fair use policy.
  13. Data Retention
    1. The Company shall retain user-provided content and information for a period of 30 days. After such a period, the Company has the right to delete such information and content.
    2. The Company reserves the right to change this retention period at any time with a notice to the Client.
  14. Rights to Generated Content
    1. The Client shall have the non-exclusive and non-transferable right to use the generated content for any lawful purpose.
    2. The rights to the templates used by the Service remain the property of the Company and the Client shall have no right to use or distribute such templates without the prior written consent of the Company.
  15. The  Service
    1. The Service is provided as a Software as a Service (SaaS) and accessed via the internet.
    2. The Client understands that for each country and brand, a separate server instance will be required to generate the video content, and that additional fees may apply.
    3. The Client shall be responsible for obtaining and maintaining all equipment and services needed for access to and use of the Service, including but not limited to, all internet access, computers, and servers.
    4. The Client shall also be responsible for ensuring compliance with all local laws and regulations, including but not limited to, obtaining all necessary licenses and permits, in connection with its use of the Service.
  16. Billing and Service Levels
    1. The Service shall be provided on a monthly subscription basis and the Client shall be charged on a recurring basis for the use of the Service.
    2. The Company offers different service levels and pricing options, as outlined on our website and/or in a separate pricing schedule provided to the Client.
    3. The Client shall be responsible for providing the Company with accurate and up-to-date billing information.
    4. If the Client’s payment for the use of the Service is not received by the due date, the Company reserves the right to terminate or suspend the Client’s access to the Service.
  17. Termination of Service
    1. The Client may terminate the Service at any time by providing the Company with written notice of termination.
    2. The Company may terminate the Service immediately if the Client breaches any of the terms and conditions of this Agreement or if the Client fails to make payment for the Service.
    3. Upon termination of the Service, the Client shall be responsible for payment of any outstanding fees for the current invoicing period.
    4. Any termination of this agreement shall not affect any rights or liabilities that may have arisen prior to termination.