Thank you for using Supabite! We're glad you're here. If you are a User of the "Site" or "Services," please read this Terms of Service agreement carefully before accessing or using Supabite (all as defined below). Supabite owns and operates the Site and Services.
You agree that these Terms of Service apply only to you and Supabite. Your use of the Services is subject not only to these Terms of Service but also to any third-party site's terms of service and/or rules. We reserve the right to change the Services and/or the terms of this Agreement at any time and without notice. We recommend that you review these Terms of Service on a regular basis to see if there have been any changes. Modifications will take effect immediately after they are posted on the Site. Your continued use of the Services following the posting of modifications will be deemed acceptance of the modified Terms of Service.
You acknowledge and agree that you have read and agree to these Terms of Service by (1) clicking the "I Agree" or similar button to access the Site and Services or (2) otherwise accessing or using our Site and Services. If you do not agree, you must stop using the Services immediately.
These basic terms are used throughout the agreement and have specific meanings. You should understand what we mean when we use the terms.
The term "Agreement" refers to all of the terms, conditions, and notices contained or referenced in this document (the "Terms of Service" or the "Terms"), as well as all other operating rules, policies (including the UserVials Privacy Statement, available at https://supabite.com/legal/privacy and procedures that we may publish on the Website from time to time.
The term "Service" refers to Supabite applications, software, products, and services. The term "Website" refers to Supabite website, which can be found at Supabite.co, as well as all content, services, and products offered by Supabite on or through the Website. The term "Organization" refers to the individual person, company, entity, or organisation that has a Supabite free, paid, or trial user account and is using the platform to collect feedback, testimonials, build forms, and collect Personal Information and Content from You.
"Supabite," "We," "Us," and "Our" refer to MojoStack Limited and its subsidiaries, affiliates, directors, contractors, licensors, officers, agents, and employees. The terms "Customer," "Respondent," "Submitter," "You," and "Your" refer to individuals, businesses, or organizations that provide personal information or user-generated content to the "Service." A Submitter must be at least 13 years old to participate.
“Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, video, graphics, software, applications, designs, features, forms, sequences, and other materials that are available on the Website or are otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created, uploaded, or submitted by the User or Submitter. "Your Content" is Content that you create, own, or is submitted to you through the Website.
“Personal Information” refers to content collected from an Organization by the Supabite service or obtained through a third-party or mechanism that contains information such as but not limited to name, email, phone, and address.
“Highly Sensitive Information” refers to sensitive information such as health records, credit card data, social security numbers, bank accounts, race, ethnicity, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, sexual orientation, or information that may have additional legislation or regulations around how it is collected and stored or would cause damage to an individual if it were made public.
Supabite hosts a diverse range of content from around the world, and that collaboration is only possible when our users cooperate in good faith. You must follow this Acceptable Use Policy while using the service, which includes some restrictions on the content you can post, conduct on the service, and other limitations. In a nutshell, be excellent to one another.
a. Compliance with Laws and Regulations
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
b. Content Restrictions
You agree not to upload, post, host, or transmit any content that is unlawful or promotes unlawful activities; is or contains sexually obscene content; is libellous, defamatory, or fraudulent; is discriminatory or abusive toward any individual or group; contains or instals any active malware or exploits or uses our platform for exploit delivery as part of a command and control system; or infringes on any proprietary right of any third party.
c. Conduct Restrictions
You agree that while using Supabite, you will not: harass, abuse, threaten, or incite violence against any Organization, individual, or group, including Supabite employees, officers, and agents, or other Supabite Users; use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes; or attempt to distribute any Organization, individual, or; impersonate any person or entity, including any of our employees or representatives, including through false association with Supabite, or by fraudulently misrepresenting your identity or site's purpose; or violate the privacy of any third party, such as by posting another person's personal information without consent.
Scraping is the automated process of extracting data from our Website or Service using a bot or webcrawler. It does not refer to information collection via Supabite' API or promoted embeddable web forms or landing pages. No automated tools or any hacking methods shall be used by visitors on Supabite website to drive traffic or increase website load. You are not permitted to scrape Supabite for spamming purposes, including selling Supabite users' personal information to recruiters, headhunters, or job boards. All use of Supabite data gathered through scraping must comply with the Supabite Privacy Statement https://supabite.com/legal/privacy.
Users are responsible for their own data and content, and that of third parties that they share through Cloudfalre, bunny.net, digital ocean, stripe, Sendgrid, Sendwithus, that they upload and post on or through Cloudfalre, bunny.net, digital ocean, stripe, Sendgrid, sendwithus, or that they transfer by any other means (“User Data”). Users warrant and represent that they have the lawful basis for third parties whose data and/or content they input or import in the course of their use of the Services or otherwise share with the Owner. Users own their User Data, and these Terms don’t give the Owner rights to User Data except for the limited rights that enable the Owner to offer and provide the Service or as otherwise expressly authorized by these Terms. The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal. The Owner reserves the right, without liability or prejudice to its other rights to the User, to disable the User’s access if the Owner becomes aware of any use of any material that breaches the provisions of this clause.
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The following provisions of this section apply only to Customers as defined above.
a. Password and registration
By registering with Supabite, you agree that all information you provide is true and accurate and that you will keep it up to date throughout your use of the Services. You will be asked to choose a password during the registration process. The password and account are only for your personal use and should not be shared with coworkers, friends, or family.
b. Customer Materials
During your participation in the Services, you may provide Supabite with (i) certain Company information, including, but not limited to, Company Marks and other audio, video recordings, or images (referred to as "Customer Content"); (ii) Respondent contact information, although this information is not necessary for the performance of the service; and (iii) any other information you decide to submit to Supabite or upload to the Site (collectively, (i), (ii), and (iii), the "Customer Materials"). You warrant that all Customer Materials uploaded by you, whether from your own computer, mobile device, or another website/server, are either your creation and ownership, or that you have the necessary licences, rights, and permissions to use the Customer Materials as you intend to use them and as contemplated by the Site and grant Supabite the rights described herein.
c. Retention of Customer Materials.
Unless otherwise requested by the Customer, required by law or the terms of this Agreement, Supabite shall delete any and all Customer Materials and related Respondent Materials (as defined below) thirty (30) days after the termination or cancellation of your use of the Services. Any instance of failure in payment by the user for their subscription will also be considered as termination or cancellation of the services.
d. Limited Customer Materials License
To allow Supabite to provide you with the Services, you hereby grant Supabite a non-exclusive, fully transferable, worldwide, fully-paid right and licence to use, reproduce, modify, create derivative works from, distribute, perform, transmit, and display your Customer Materials, but only for the limited purposes of providing you with the Services and as otherwise permitted by Supabite privacy policies. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. You retain all ownership of your Customer Materials.
e. Limited Supabite Proprietary Content License
Supabite will create a proprietary video, audio, and image content and also licences third-party audio and image content, such as musical recordings, photos, and/or video clips (referred to as "Supabite Proprietary Content"). This Supabite Proprietary Content will be made available to Customers for use in creating Supabite Produced Videos. Supabite and/or any third-party licensor retain ownership of all separate intellectual property rights in Supabite Proprietary Content, and your right to use such material is subject to these Terms of Service.
f. Customer Lists - Supabite may identify you (by name and logo) as a Supabite Customer on Supabite's website and on other promotional materials.
g. Payment of Fees
If you select one of our paid plans as a Customer ("Paid Customer"), you agree to pay all per-use fees or fees associated with your subscription, as appropriate ("Fees"). Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify Supabite of any changes to such information. Supabite may provide you with the ability to pay the Fees through a third-party service. All subscriptions paid through these third parties are subject to the third party's Terms of Service, and we will not be responsible for anything contained therein. All fees are non-refundable.
You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site or Services.
Our Services are billed on a monthly basis ("Subscription"). This means you will be billed ahead of time on a recurring, periodic basis (each period is called a "Billing Cycle"). Depending on the subscription plan you choose when purchasing a Subscription, billing cycles are typically monthly or annual. Unless you cancel auto-renewal through your online account management page or by contacting our customer success team, your Subscription will automatically renew at the end of each billing cycle. While we're sorry to see you go, you can cancel auto-renewal on your Subscription at any time, and your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
j. Price Changes
Supabite may change the Fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Supabite will provide you with advance notice of any change in Fees.
k. Overage Fees
Unless otherwise stated, any overage fees incurred by you, including but not limited to any applicable storage fees, will be billed immediately upon exceeding the permitted usage threshold. Overage fees that are not paid within thirty (30) days of being billed are considered overdue. Failure to pay overage fees on time may result in the applicable Services being limited, suspended, or terminated (subject to applicable legal requirements), resulting in the loss of your data associated with the Services.
l. Subscription Upgrades Added Mid-Subscription Term
During the subscription term, you may request to add additional subscription units (e.g., change plan type, switch from monthly to annual billing, etc.) to a subscription. The additional subscription upgrade will be prorated based on the portion of the subscription term that is still active at the time the subscription upgrade is added. Any additional subscription upgrade will renew or terminate on the same date as the primary subscription. Subscription units for a Service cannot be reduced during the term of the subscription.
m. Downgrades and Inactivity
You acknowledge that we reserve the right to convert any Paid Customer account to a free customer account or cancel the account entirely if a subscription fee is not received. You understand and agree that if your Paid Customer status is terminated or interrupted for any reason, including, but not limited to, the Subscription expiration and/or your failure to renew a new Subscription, your Supabite Produced Videos may become disabled and will not be viewable on any site. Furthermore, we reserve the right to terminate any free customer account with no prior notice to you, including the deletion of any videos and content associated therewith.
n. Connector and Supabite Widget Limitation of Liability
Supabite provides Connectors to customer's existing systems, and social media sites, including but not limited to YouTube, Facebook, Twitter, LinkedIn, and Instagram (collectively, your "Social Media Accounts") and may in the future provide access to Supabite data via an Advanced Programming Interface ("API"). In addition, Supabite provides Supabite Widgets based on your subscription model, including but not limited to video players, galleries, and other dynamic content, to embed and stream Supabite Produced Videos on an Authorized Site. The Supabite API, Connectors, Supabite Widgets, and any other services provided by Supabite are included within the definition of "Services". If you choose to use a Supabite Connector, API, or Supabite Widget on your site or via a Customer System or Social Media Account, you agree to disclaim all liability and waive all potential damages, including, but not limited to, interruption in service to key business systems, data loss or corruption, and inadvertent video distribution to your Customer Systems and Social Media accounts via Connectors or Supabite Widgets.
The following provisions of this section pertain only to Respondents.
a. Respondent Materials
During your participation in the Services as a Respondent, you will provide Supabite with (i) audio, video recordings, or photos of yourself or other likenesses (referred to as "Respondent Content") and (ii) your contact information (collectively, (i) and (ii) the "Respondent Materials").
You warrant that all Respondent Materials uploaded or contributed by you, whether from your own computer, mobile device, or another website/server, are your creation and property, and that you have the authority to enter into this Agreement and licence the Respondent Materials to Supabite. You own the Respondent Materials and may revoke your consent to use your Respondent Content or Respondent Materials at any time by notifying Supabite or Customer.
b. Respondent Material License
To allow Supabite and the requesting Customer to offer you the Services, you hereby grant Supabite and the requesting Customer a non-exclusive, fully-transferable, worldwide, fully-paid right and license to use, reproduce, modify, create derivative works from, distribute, perform, transmit, and display your Respondent Materials. As a result, the requesting Customer is designated as the "Data Controller" of the Respondent Materials. Customer may amend, extend, and modify the Respondent Materials licence by having Respondent execute a clickthrough agreement between the Respondent and Customer at the time of contribution. You are entering into a separate and binding agreement with the Customer if you agree to a Customer Video Release. Any Custom Video Release does not include Supabite.
c. Respondent Attribution
By submitting Respondent Materials, you confirm and agree to have your name and other attributes, including but not limited to location, title, and organisation affiliation, displayed and included in Supabite Produced Videos based on your Respondent Materials. You guarantee that you are who you say you are and that you are not attempting to conceal your identity.
d. Respondent Release
You hereby acknowledge that you release Supabite, the requesting Customer, and their agents, successors, assigns, and licensees from any and all claims, demands, obligations, liabilities, costs, expenses, actions, or causes of action arising from the use of any and all Respondent Materials in accordance with the licence set forth in Section above. You hereby waive any right to inspect and/or approve any images, photographs, films, video recordings, or advertising copy that may be used in connection therewith or the use to which it may be applied, used prior to your revocation of consent as permitted and as may be withdrawn by contingency, and as may be withdrawn by contingency. If applicable, you hereby affirm that you have obtained the consent of the legal guardian of any minor depictured and that such signatory. You affirm that you have the right to contract in your own name and have been advised that you can seek a review of the terms of this agreement from independent legal counsel. Respondents' opinions, comments and views are their own and Supabite shall not be liable for your views, comments, or opinions, and shall not be liable for any damages arising from your views, opinions, or comments, including, but not limited to, falsehoods or hate speech.
The contents of any Submissions are not endorsed by Supabite. Submissions are not pre-screened or monitored by us. However, Supabite reserves the right, at our sole discretion, to remove any content that, in our opinion, violates these Terms of Service and any other rules of user conduct, or is otherwise harmful, objectionable, or inaccurate. We are not liable for any failure or delay in the removal of such content. Please contact us if you believe there is content on our website that violates our Terms of Service. Make sure to include both the Uniform Resource Locator ("URL") for the non-complying video or content and the reasons you believe it does not comply. You understand that by using the Services, you may be exposed to objectionable materials, as described above. You hereby waive and agree to waive all legal and equitable rights, claims, and actions against Supabite arising from your exposure to such Submissions. You agree that we may, at our sole discretion, terminate your account at any time and without prior notice or compensation if we suspect a violation of any of these Terms of Service.
In addition, you acknowledge that we will cooperate fully with investigations by law enforcement authorities.
a. Linking and Use of Supabite Widgets
We encourage you to link to the Site's content and embed Supabite Widgets on your site or other third-party sites. You may not link to the Site unless you meet the linking requirements. Your right to link to the Site or use Supabite Widgets is expressly conditioned upon your compliance with the following restrictions: (i) screenshots of the Site, quotes taken from our text, video, or audio content, and any references to our brand, domain, or web pages must include a search-engine-followable HTML link; (ii) the link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of Supabite or any other third party; (iii) the link and surrounding materials must not deliver the Site content in a framed environment, or alter the layout, content, look, or feel of the Site; (iv) the link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and Supabite; (v) the link and surrounding materials must not portray Supabite, Supabite Produced Videos or services available on the Site, or the Site itself, in a false, misleading, derogatory, defamatory or otherwise offensive manner; and (vi) Supabite Widgets must be used to embed Supabite Produced Videos and you may not attempt to dissemble, modify, or otherwise tamper with them.
Supabite may assign or delegate these Terms of Service and/or the Supabite Privacy Statement https://supabite.com/legal/privacy, in whole or in part, to any person or entity at any time with or without your consent, including the license grant. Without our prior written consent, you may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement, and any unauthorised assignment or delegation by you is null and void.
b. Section Headings and Summaries
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
c. Severability, No Waiver, and Survival
If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will be interpreted to reflect the parties' original intent. The remainder of the provisions will remain in full force and effect. Any failure by Supabite to enforce any provision of this Agreement will not be construed as a waiver of our right to enforce such provision in the future. Any termination of this Agreement will not affect our rights under it.
d. Amendments; Complete Agreement
This Agreement may only be amended in writing and signed by an authorised representative of Supabite, or by Supabite posting a revised version. Modifications to These Terms. Together with the Supabite Privacy Statement, these Terms of Service https://supabite.com/legal/privacy, represent the complete and exclusive statement of your and our agreement This Agreement supersedes any oral or written proposal or prior agreement, as well as any other communications between you and Supabite regarding the subject matter of these terms, including any confidentiality or nondisclosure agreements.
Questions about the Terms of Service? Contact us [email protected]