Terms of Service

Updated 25/11/2023

Welcome to Video Highlight!

These Terms and Conditions ("Terms") govern your use of the VHS Media Group LTD ("the Company") note-taking product and services ("the Services") available at https://videohighlight.com ("the Website"). By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.

1. Services

The Services provided by the Company include the ability to summarize the content of YouTube videos using the transcript provided with the videos, and offering the possibility to jump to the right location in the video. The Services are intended to be used for educational, research, and digital note-taking purposes. The Company does not repost the YouTube videos, and the Services are designed to be compliant with copyright laws and YouTube Terms of Service.

2. Eligibility

The Services are intended for use by individuals who are at least 13 years of age. By accessing or using the Services, you represent and warrant that you are at least 13 years of age.

3. Account Registration

To access certain features of the Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and password, and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else's account or password at any time.

4. Content and Intellectual Property

4.1. Clarification of Ownership and Purpose: The content of the YouTube videos, including the video, audio, transcript, and any other material, remains the intellectual property of the original creators. The Company's Services provide transcripts, derivative summaries, and annotations for easier consumption and discovery, intended to driving more traffic to the original YouTube videos. The Company respects the ownership of the original content and does not claim any rights over it, adhering to copyright laws and YouTube's Terms of Service.

4.2. The summaries, annotations, and timestamps generated by the Services are the intellectual property of the Company. Users may use these summaries, annotations, and timestamps for personal, educational, or research purposes only, provided that they attribute the source to https://videohighlight.com and link back to the original YouTube video. Any other use, including but not limited to, reproduction, distribution, or commercial use, requires the prior written consent of the Company.

5. Copyright and Fair Use

The Services operate within the bounds of copyright laws and adheres to the principles of fair use. We respect the intellectual property rights of content creators and do not claim ownership of the original content used in our summaries. Our use of content is for educational, research, and transformative purposes, which we believe constitutes fair use under copyright law. However, we recognize that fair use is a subjective standard and may vary case by case.

6. Content Submission

When submitting personal videos or audio file to the Service, users agree that they hold all necessary rights and permissions for the content. Users are responsible for ensuring that their content does not infringe upon the intellectual property rights of third parties. We reserve the right to remove any content that is found or claimed to be infringing.

7. Privacy and Data Protection

We are committed to protecting the privacy and security of our users' personal information and content. We comply with all applicable data protection laws and regulations. Personal videos submitted to the Service are processed and stored securely, and we do not share them with third parties without explicit consent, except as required by law. We do not sell or share our users' personal information.

8. Content Accuracy and Representation Disclaimer

While we strive for accuracy, we cannot guarantee that our summaries will always perfectly reflect the original content. Summaries are intended as a brief overview and may not capture every element of the source material. They should not be considered as an exact representation of the original content.

9. Paid Subscriptions (Plus and Pro)

The Services introduce two paid subscription tiers - Plus and Pro. These subscriptions are available on a monthly and yearly basis. Users subscribing to these services acknowledge and agree to the features and limitations outlined on the pricing/subscription page of the Website. Subscriptions are binding agreements. Upon cancellation, users retain access to their allocated minutes/time until the end of the subscription period. No refunds will be provided for any unused portion of the subscription term.

10. Third-Party Dependence

Th Services rely on third-party platforms such as YouTube. Changes in these platforms' terms of service, policies, or functionality could impact the Service. We are not responsible for any disruption or loss of service due to such external changes. We will respond to any changes as quickly as possible to minimize disruption. Under severe circumstances, we may be forced to discontinue part of the Service. In such cases we will endeavor to provide an alternative solution or refund users for any unused portion of their subscription.

11. User Responsibility

Users are responsible for their use of the Services and the summaries and transcripts provided. It is the user's responsibility to comply with all applicable laws, including copyright laws, in their use of the content. We do not endorse or support the unauthorized use or distribution of copyrighted material.

12. User Conduct

By using the Services, you agree not to:

12.1. Violate any applicable local, state, national, or international law or regulation;

12.2. Infringe the rights of any third party, including, without limitation, intellectual property, privacy, or contractual rights;

12.3. Use the Services to reproduce, distribute, or display any content in a way that is not authorized by these Terms, the content owner, or the applicable copyright law;

12.4. Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available;

12.5. Use any robot, spider, or other automatic or manual process to monitor, copy, or interfere with the Services or any content available through the Services.

13. Disclaimer of Warranties and Limitation of Liability

13.1. The Services are provided on an "as is" and "as available" basis. The Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

13.2. The Company does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

13.3. To the maximum extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the Services or these Terms. This includes, but is not limited to, damages resulting from (a) your access to, use of, or inability to access or use the Services; (b) any conduct or content of any third party on the Services; (c) any content obtained from the Services; and (d) unauthorized access, use, or alteration of your transmissions or content, even if the Company has been advised of the possibility of such damages.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or any activity related to your account (including negligent or wrongful conduct), by you or any other person accessing the Services using your account.

15. Modifications to the Services and Terms

The Company reserves the right, at its sole discretion, to modify or discontinue the Services, or any portion thereof, without notice. The Company may also modify these Terms at any time, and such modifications will be effective upon posting of the modified Terms on the Website. By continuing to use the Services after any such modifications, you accept and agree to be bound by the modified Terms. It is your responsibility to periodically review these Terms for any changes.

16. Termination

The Company reserves the right, in its sole discretion, to terminate your access to the Services, with or without notice, for any reason, including but not limited to, breach of these Terms.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is located, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the jurisdiction of the Company for the resolution of any disputes arising out of or relating to these Terms or the Services.

18. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

19. Entire Agreement

These Terms, together with any other legal notices published by the Company on the Website, constitute the entire agreement between you and the Company concerning the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to the Services.

20. Contact Information

If you have any questions or concerns about these Terms or the Services, please contact us at contact@videohighlight.com

21. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without the Company's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. The Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

22. Waiver

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

23. Force Majeure

The Company shall not be liable for any failure to perform its obligations under these Terms if such failure results from any cause beyond the Company's reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

24. Compliance with Laws

You are responsible for compliance with all applicable laws, regulations, and other legal requirements that may apply to your use of the Services. The Company reserves the right to investigate and prosecute violations of any of these Terms to the fullest extent of the law.

25. Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

26. Electronic Communications

By using the Services, you consent to receive electronic communications from the Company, including but not limited to, announcements, administrative messages, and updates. You agree that any notice, agreement, disclosure, or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

27. Feedback

Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary, and the Company will be free to use such feedback, comments, or suggestions as it sees fit without any obligation to you.

28. Third-Party Links and Services

The Services may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

29. Survival

Any provisions of these Terms that, by their nature, should survive termination of your access to the Services or any termination of these Terms shall survive such termination, including but not limited to sections regarding intellectual property, warranty disclaimers, indemnification, limitation of liability, and governing law.