Terms of Service

September 14, 2020

These Terms of Service (these “Terms of Service”) describe your rights and responsibilities when using our video as a message service and associated tools (collectively, the “Service”) made available by Vaam AB (“Vaam”). Your use and registration to use the Service indicates that you agree on behalf of yourself or the entity that you represent (collectively, “you”) to be bound by these Terms of Service as well as the Vaam Privacy Policy. Please read them carefully before registering for or otherwise using the Vaam Service.

Vaam may at any time revise these Terms of Service by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Service to which you are bound.

Overview

Vaam offers a video as a message service. Vaam is offered via the following plans:

Vaam Free: For people who need to record and send quick videos. This basic version is available for free when you register for Vaam. This plan is limited to a 2-minute recording limit, 100 videos accessible simultaneously, and a 720p resolution.

Vaam Pro: For people who need more advanced recording, as well as a longer recording limit. This pro version is available on a paid basis via either a monthly or annual subscription. It provides unlimited number of accessible videos, a 15-minute recording limit, a customised landing page for your organisation, a call-to-action-button in the video, the possibility to have password restriction, HD resolution and engagement insights of your videos.

Visit vaam.io for further information on the service offerings, which Vaam will improve and endeavour over time.

Fees and payment

If you register for Vaam Pro, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide Vaam with a valid credit card from an issuer accepted by us (“Payment Provider”) as a condition to signing up for the Vaam Pro. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms of Service to determine your rights and liabilities with respect to your Payment Provider. By providing Vaam with your credit card number and associated payment information, you agree that Vaam is authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to Vaam and that no additional notice or consent is required. You agree to immediately notify Vaam of any change in your billing address or the credit card used for payment. Vaam reserves the right at any time to change its prices and billing methods.

We apply the right of withdrawal of 14 days in accordance with the Distance Contracts Act.

You are responsible for any third-party fees that you may incur when using the Service.

Unpaid invoices that are not subject to good faith are subject to interest at a rate of 10% per month on the outstanding balance, plus all reasonable expenses of collection, in addition to any other remedies we may have.

Your termination of the Service

You may stop using the Service at any time. You do not need to specifically inform Vaam when you stop using the Service. You acknowledge and agree that Vaam may stop (permanently or temporarily) providing the Service to you or to users generally at Vaam’s sole discretion. You also acknowledge and agree that if Vaam disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which are contained in your account.

User Conduct, Commitments and Understandings

You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by Vaam, unless you have been specifically allowed to do so in a separate agreement with Vaam.

You, directly or indirectly, alone or with any other party, may not:

modify, change, create derivative works of, disassemble, decompile or otherwise reverse engineer the Service or any software provided in connection with the Service (“Software”), or remove proprietary legends in the Service or Software;

distribute, transfer, resell, rent, lease, or loan the Service or Software to any other party, except as described herein;

make the Service or Software available to others in a service bureau arrangement or for any similar commercial time-sharing or third party training use;

harass, threaten or otherwise cause distress, unwanted attention or discomfort to a person or entity;

post or otherwise transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party;

post or otherwise transmit any content that (i) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (ii) you do not have the right to transmit, such as information that is subject to a confidentiality agreement between you and another party; (iii) contains sexually explicit images or other content that is offensive; (iv) is harmful to minors in any way; or (v) promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;

send any unsolicited commercial email, spam, or bulk commercial email;

impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

violate (intentionally or unintentionally) any applicable local, state, national or international law including, but not limited to, any regulations having the force of law; or

interfere with or disrupt the Service or Software, or servers or networks connected to the Software, or disobey any requirements, procedures, policies or regulations of networks connected to the Service or Software.

You agree that you are solely responsible for (and that Vaam has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Service and for the consequences (including any loss or damage which Vaam may suffer) of any such breach. To the extent Vaam incurs any financial penalties or other costs and expenses (including investigation expenses) from Vaam’s server hosting facility, internet service provider or other vendors because of your use of the Software, you shall be obligated to immediately reimburse Vaam for any such penalties, costs or expenses.

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such materials originated, which may be you.

You retain sole ownership of any content you post or any other material you submit using the Service (“Your Content”). You hereby grant Vaam a revocable, worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce and display Your Content solely for the purpose of providing the Service to you. Vaam will not use Your Content for any other purpose or distribute Your Content to any third party without your permission. You represent and warrant that Your Content will be your original work product and will not be based on, or derived from, the proprietary information or materials of a third party. Furthermore, you represent and warrant that your use of the Service in connection with Your Content or any third party content complies with all laws including, but not limited to, copyright law. You also hereby grant each user of the Service a non-exclusive license to access Your Content through the Service. The licenses granted in Your Content terminate within a commercially reasonable time after you remove or delete Your Content from the Service; however, you understand, acknowledge and agree that Vaam may retain, but not display, server copies of Your Content that has been removed or deleted. You grant Vaam a perpetual and irrevocable license to use and display any comments you add via the Service. You will defend, indemnify and hold Vaam harmless from and against any claims resulting from any of Your Content.

At your discretion, you may provide feedback to Vaam concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to Vaam. In the event ownership in the Feedback cannot be granted to Vaam, you grant Vaam at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that Vaam may disclose that Feedback to any third party in any manner and you agree that Vaam has the ability to sublicense all Feedback in any form to any third party without restriction.

You shall not transmit to Vaam or upload to the website any Harmful Code or use or misappropriate the data on the website for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

Termination: Monitoring and Enforcement

Vaam has the right to:

Remove or refuse to post any of Your Content for any or no reason at our sole discretion.

Take any action with respect to Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for Vaam.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service. Terminate or suspend your access to all or part of the Service for any violation of these Terms of Service.

Intellectual Property Rights

You agree and understand that all logos, trademarks and service marks associated with Vaam, the Vaam name and all graphic designs, style templates, topography rights, icons, programming code, and other graphic elements incorporated therein; and all right, title and interest in and to any other intellectual property or proprietary rights, including without limitation, all inventions, copyrights, trade secrets, patents, secret formulae, processes and know-how relating to or comprising the design, function, or operation of the Service, including the Site, in each case whether registered or not (Intellectual Property Rights) located on the platform are our property, or their respective licensors. Nothing contained on Vaam shall be construed as granting, by implication or otherwise, any license or right to use any Intellectual Property Rights, without our prior written consent or the third party that may own such Intellectual Property Rights. You hereby acknowledge and agree that any use of Intellectual Property Rights as displayed on the Service, except as provided herein is strictly forbidden. Any unauthorized use of Intellectual Property Rights displayed on the Service may violate copyrights laws, trademarks laws and any other laws applicable in this respect.

Indemnity

To the fullest extent permitted by applicable law, you hereby agree to defend, indemnify, and hold harmless Vaam and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners and licensors from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (i) any allegation that any of Your Content infringes or misappropriates any intellectual property or other proprietary right of a third party or violates any applicable law, (ii) your conduct in connection with the Service, and/or (iii) any violation by you of these Terms of Service.

Jurisdiction and Governing Laws

These Terms of Service (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Sweden, without regard to choice or conflicts of law principles.

Further, you and Vaam agree to the jurisdiction of Sweden to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms of Service (and any non-contractual disputes/claims relating to or arising in connection with them).

Vaam does not accept any codes of conduct as mandatory in connection with the services provided under these Terms of Service.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Questions and Comments

If you have any questions regarding these Terms of Service, please contact Vaam by emailing privacy@vaam.io.