Terms of service

ENTERPRISE TERMS OF SERVICE

1. Services

The Company through Proshort provides the following services to the End Users (collectively referred to as the “Services”):

1.1. video-sharing social networking service;

1.2. content on the Service includes videos, audio (for example, music and other sounds), graphics, photos, texts (such as comments and scripts);

1.3. connecting with brands, products, and other services;

1.4. tools for creating videos from various sources as required by the Customer, as identified in the Agreement.

2. Registration.

2.1. Users are required to sign up and create an authenticated account (“Account”) by providing all required information in order to access or use the Services (“Sign-up Process”). User shall identify a username and password and provide certain personally identifiable information including without limitation, name, designation, department, entity name, etc. in order to obtain an Account with Proshort. User shall ensure that the Sign-up Process is completed via the email account associated with the Customer.

2.2. Users shall: (a) provide true, accurate, current and complete information as prompted by the Sign-up Process; and (b) maintain and promptly update the information provided during Sign-up Process to keep it true, accurate, current, and complete at all times. In the event the Users provide any information that is untrue, inaccurate, outdated, or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, the Company may terminate such User’s account and refuse current or future use of any or all of the Services.

2.3. Users shall be solely responsible for maintaining the confidentiality of the username and passwords, and for all activities that occur under their Account. Users agree to notify the Company immediately of any unauthorized use of their username and passwords or any other breach of security.

2.4. The Company will not be liable for any loss or damage arising from the failure on the part of the Users to comply with this clause. Further, Users shall agree to indemnify and hold the Company harmless from any claims or damages suffered by the Company due to any improper or illegal use of their Account.

2.5. License. The Company grants the User a non-exclusive, revocable, non-transferable and limited license to access and use the Services on his/her/its personal device, as made available through Proshort. The Company may, from time to time, update or modify the features of Proshort, release new versions or create new modules related thereto, each of which may, at its discretion, be included within the license granted above. The User shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to Proshort through the respective login credentials for the Account authenticated for a particular use. Except as expressly licensed herein, you will not use, access, integrate with, modify, translate, create derivative works of, reverse engineer, or otherwise exploit Proshort or any aspect thereof.

3. User Content.

3.1. Proshort allows You to upload content on the Proshort platform which includes videos, audio (for example, music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, “User Content”) which may be hosted, shared or published as part of the Services, and may be visible to other Users.

3.2. User Content is the responsibility of the Customer. Proshort is under no obligation to host or serve all User Content. You represent that you shall not have any objection to any decision of the Company to retain or remove any User Content and also agree not to hold the Company solely responsible for the hosting of any User Content and for the consequences of uploading them. You affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all the proprietary rights in and to any and all User Content and intellectual property rights subsisting in such User Content to enable inclusion and use of such User Content in the course of Services being provided on Proshort.

3.3. End Users confirm and agree that it is the sole responsibility of the Customer to: (a) inform Users of any relevant practices or policies or any settings that may impact the processing of User Content; (b) obtain rights, permissions or consent from Users that are necessary for the lawful use of User Content and the provision and operation of the Services; (c) ensure that the transfer and processing of User Content is lawful; (d) respond to and resolve any conflicts with Users relating to or based on User Content, the Services or the Customer’s failure to fulfil these obligations; (e) to apply relevant settings/ features relating to the confidentiality, sharing, privileged information, etc. to the internal or external user groups set up by the Customer, as available on the App through the access control Users (i.e., the Users who have admin or super admin authorization provided by the Customer). Proshort makes no representations or warranties of any kind, whether express or implied, to You relating to the Services, which are provided to you on an ‘as is’ and ‘as available’ basis.

4. Eligibility.

4.1. You are eligible to use the Services by registering with Proshort, if and only, you comply with all the following conditions:

  1. You have completed the legal age of 18 years;

  2. You have been invited by the Customer to access the Services or you have an authorised email account associated with Customer’s domain;

  3. You are eligible to enter into a legally binding contract; and

  4. You are not barred from entering into a contract by any applicable law for the time being in force.

4.2. d:

  1. You are fully authorized to represent your legal entity to use Proshort and receive the Services;

  2. The legal entity you are representing is duly organized and validly existing under the applicable laws;

  3. The legal entity has obtained all such licenses and permissions required to use the Services and the same is in full force and effect to use all the proprietary rights in and to any and all of the User Content and intellectual property pertaining to such User Content to enable their inclusion and use in the course of Services being provided by Proshort;

  4. You agree that in order to use and have access to certain Services available on Proshort, you will have to register with Proshort;

  5. You are neither a competitor of the Company nor using the Services for reasons that are in competition with the business of the Company;

  6. You are entitled to submit the information to Proshort and that such information is accurate, not confidential, and not in violation of any contractual restrictions or other third-party rights; and

  7. Your use of the Services does not violate any applicable law.

5. Privacy.

The Company respects the privacy of Users and has accordingly formulated a privacy policy available at the Website (“Policy”), in compliance with the applicable laws. The use of any personally identifiable information (“Personal Information”) shall be governed by such Policy as provided on Proshort and amended from time to time.

6. Restrictions on Use.

6.1. Users shall not use the Services provided by Proshort:

  1. for any unlawful purpose or in violation of any applicable laws; or

  2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, or violate the privacy or other personal rights of others; or

  3. to post any content that is defamatory, libelous, obscene, threatening, abusive or is offensive to other Users, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or

  4. post any content that is false or misleading; or that harasses or advocates harassment of another person.

6.2. Your Content and Conduct: If you are a person/entity who provides/uploads User Content, you may be able to upload content to Proshort through your use of the Services. If you choose to upload User Content, you must not submit to Proshort any content that does not comply with these Terms or the applicable law(s). In particular, the User Content must:

  1. respect the rights of others, including privacy;

  2. not include third-party intellectual property (such as copyrighted material) unless you have documented permission from that party or are otherwise legally entitled to do so;

  3. not abuse or harm others or yourself (or threaten or encourage such abuse or harm), including against children;

  4. not mislead, be patently false, or defrauding;

  5. not illegally impersonate, defame, bully, harass, be obscene or stalk others;

  6. not incite violation of applicable laws;

  7. not abuse, harm, interfere with, or disrupt the services; for example, by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing our systems or protective measures.

You are legally responsible for the User Content you submit to Proshort. We may use automated or manual systems that analyze your User Content to help detect infringement and abuse, including spam and malware.

6.3. Users are also prohibited from violating or attempting to violate the security of Proshort, including, without limitation the following activities:

  1. accessing data not intended for such User or logging into a server or Account which the User is not authorized to access;

  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

  3. attempting to interfere with the Services provided to any User, host or network, including without limitation, submitting a virus to Proshort, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing”; or transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;

  4. removing any copyright, trademark or other proprietary notices from any portion of Proshort;

  5. reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploit Proshort except as expressly permitted by the Company;

  6. submitting any User Content unless you are the owner of the rights in such User Content or have the permission from the rightful owner to share the material and to grant the Company all of the license rights granted therein;

  7. decompiling, reverse engineering or disassembling the software, website or mobile;

  8. linking to, mirroring or framing any portion of the Services;

  9. reformatting any portion of the pages that are part of Proshort;

  10. accessing Proshort through a code, program or procedure either singly or repetitively with an intent to bypass safeguards built into Proshort;

  11. causing or launching any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of Proshort or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;

  12. attempting to gain unauthorized access to or impairing any aspect of Proshort or its related systems or networks or Services;

  13. infringing any intellectual property or other proprietary rights of any third party;

  14. copying or using the information, content or data of others available on Proshort (except as expressly authorized); and

  15. overriding any security feature of the Services.

Further, violations of system or network security may result in civil or criminal liability.

6.4. Permissions and Restrictions: You may use the Services as made available to the Customer, as long as you comply with these Terms and the applicable law. You may view or listen to User Content for your personal, non-commercial use only.

7. Remedies.

7.1. User understands and agrees that the Company may review any content on Proshort, and in case the Company finds, in its sole discretion, that the User has violated any of these Terms especially this Clause 7, the Company reserves the right to take actions to prevent/control such violation, including without limitation, removing the offending communication or User Content from Proshort and/or reporting the Account of such violators to the Customer and/or suspending their use of the Services.

7.2. The Company shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.

7.3. In order to ensure a safe and effective experience for all the Users, Company reserves the right to limit the amount of data that may be accessed by them in any given time period. These limits may be amended at the Company’s sole discretion from time to time.

7.4. The User acknowledges that in no event shall Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of any User or anyone else in connection with the use of the Services.

8. Security.

8.1. The Company acknowledges that it employs industry standard security protocols to ensure that the information that are stored, transmitted or transferred through Proshort is protected and the same is hosted on a secure server. However, the Company shall not be held responsible for the loss of content or the information that is being transmitted through Proshort due to any technical issues from other sources. In order to keep the Account safe, the Users are suggested to change the passwords of his/ her Account with Proshort periodically.

8.2. Proshort or the User will select a username and password when completing the registration process. The User will be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur under his/her username and password.

9. Intellectual Property.

9.1. Proshort, its technology and all the information, images, logos, trade names, domain names, service marks and other materials on it, including the design of the mobile application (collectively “Proshort Content”), are the exclusive intellectual property of the Company and/or its affiliates. Any unauthorized reproduction, republication, distribution, display, transmission, sale, or any other use and/or duplication of any material available on Proshort or Proshort Content, without express and written approval of the Company shall be violation of the relevant intellectual property laws.

9.2. Copyright Infringement Claims. The Company respects the intellectual property rights of any User or others (the “Claimant”) whose work might allegedly be infringed by the User Content. If the Claimant believes that any User Content on Proshort infringes upon their copyright, they may notify the Company. For any copyright violation that Claimant may come across, Company actively seeks to review/ resolve the same through the entries received through: (a) the copyright violation form available at the Website or (b) Company’s support team. Company reserves its rights against any User Content if it contains content submitted or provided by other Users or any intellectual property rights of third parties, to provide an appropriate notice, initiate takedown process and otherwise comply with all applicable laws and regulations to respond to notices of claimed infringement against such User Content. Without limiting any compliance under this Clause, the User, in the United States, must comply with all requirements under the Digital Millennium Copyright Act. If any User Content contains content of any third parties other than the User sharing the User Content, we reserve the right to provide such User with an appropriate notice and initiate takedown process and otherwise comply with all applicable laws and regulations to respond to such notices of claimed infringement. Without limiting any compliance under this Clause, we shall comply with all requirements of the applicable copyright law.

9.3. Your License to Company:

  1. Your Content: You grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to: host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of any information, data, and other content made available by you or on your behalf (including by your service providers) in connection with Proshort for any business purpose in connection with operating, providing, or improving Proshort. This license remains in effect even if you stop using Proshort. Without limitation, your license to us includes: the right to incorporate User Content into other parts of Proshort, the right to attribute the source of User Content using your name, trademarks, or logos; the right to use User Content for promotional purposes, and the right to analyze User Content (including to make sure you are complying with these Terms and all other applicable terms and policies). If you owned User Content before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms or any other applicable terms or policies and any access you provide to others by sharing it via Proshort.

  2. You will not provide or promote any content shown in the User Content that infringes upon or otherwise violates the rights of any person or third party.

  3. You will obtain (and represent and warrant that you own or have secured) all rights necessary from all applicable rights holders to (a) grant the licenses, rights, and permissions mentioned in these Terms; (b) display, distribute, and deliver all information, data, and other content in User Content; and (c) otherwise operate User Content. This includes satisfying all licensing, reporting, and payout obligations to third parties.

10. Termination.

10.1. These Terms shall remain in full force and effect unless and until your Account is terminated as provided herein. Any licenses contained in these Terms will terminate automatically without notice if you fail to comply with any provision of these Terms. The Company may also suspend or terminate your use of Proshort and your Account, at any time, for any breach of these Terms. Subject to applicable law, the Company reserves the right to maintain, delete or destroy all communications or materials posted or uploaded on to Proshort pursuant to its internal record retention and/or content destruction policies. After such termination, the Company will have no further obligation to provide the Services.

10.2. If we reasonably believe that any of User Content (a) is in breach of these Terms; or (b) may cause harm to Proshort, its users, or third parties, Company reserve the right to remove or take down that User Content in accordance with applicable law. Company will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Proshort or its affiliates; (b) would compromise an investigation or the integrity or operation of the Services; or (c) would cause harm to any user, other third party, Proshort or its affiliates.

11. Third Party Links.

Proshort may include links to other websites or applications that are not owned or operated by the Company. The Company does not have any control over these third-party websites or applications (the “Third-Party Links”) and is not responsible for any information, functionality, or content accessed through the Third-Party Links. Furthermore, Third Party Links do not represent or imply any endorsement or recommendation of such third party’s websites or applications by or on behalf of the Company. The Users are responsible for taking the necessary precautions to protect themselves and their mobile devices, computers and other devices from viruses, bugs, and other harmful or destructive content that may be accessible through such Third-Party Links. The Company disclaims any responsibility for any harm resulting from the User’s access or use of these Third-Party Links.

12. Data Security.

12.1. Data Security Requirements. You must always have in effect and maintain administrative, physical, and technical safeguards that do the following:

  1. Meet or exceed industry standards given the sensitivity of the data accessed by you through your use of Proshort;

  2. Comply with applicable laws and regulations, including data security and privacy laws, rules, and regulations;

  3. Prevent any unauthorized (including in violation of these Terms or any other applicable terms or policies) processing (including, for the avoidance of doubt, access, destruction, loss, alteration, disclosure, distribution, or compromise) of the data accessed by you through your use of Proshort; or

  4. You must not solicit, collect, store, cache, proxy, or use login credentials of other Users.

12.2. Incident Reporting. If any of the following incidents happen, you must promptly, and no later than 24 (twenty-four) hours after you become aware of the incident, notify us and provide us with information regarding:

  1. Any unauthorized (including in violation of these Terms or any other applicable terms or policies) processing (including, for the avoidance of doubt, access, destruction, loss, alteration, disclosure, distribution or compromise) of the data accessed by you through your use of Proshort;

  2. Any incidents that are reasonably likely to compromise the security, confidentiality, or integrity of your information technology systems; or

  3. You must immediately begin remediation of the incident and reasonably cooperate with us, including by informing us in reasonable detail of the impact of the incident upon Proshort and corrective actions being taken, and keeping us updated about your compliance with any notification or other requirements under applicable laws and regulations.

13. Disclaimer & Warranties.

13.1. The Company is only acting as an online facilitator, and any User Content posted by the User does not represent the views/ clarifications of the Company and the Company makes no guarantee as to the validity, accuracy or legal status of any User Content.

13.2. The Company makes no representation, warranty or guarantee as to the quality, accuracy, completeness, performance or fitness for any particular purpose of the Services, tools etc. provided through Proshort. Some of the Services provided here will be through third-party service providers and Proshort doesn’t take any guarantee of any loss caused due to the actions of such third-party service providers. The contents of Proshort could include technical or typographical errors. Any reliance you place on such information is therefore strictly at your own risk.

13.3. OTHER THAN AS EXPRESSLY STATED IN THESE TERMS OR AS REQUIRED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND PROSHORT DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICES. FOR EXAMPLE, PROSHORT DOES NOT MAKE ANY WARRANTIES ABOUT: (A) THE USER CONTENT PROVIDED THROUGH THE SERVICES; (B) THE SPECIFIC FEATURES OF PROSHORT, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY USER CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON PROSHORT.

13.4. The Company tries to keep Proshort, bug-free, and safe, but you agree to use it at your own risk. Proshort is providing the Services “as-is” without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company makes no representations or warranties that Proshort is appropriate or available for use in all geographical locations.

13.5. You agree to upload/keep your data on Proshort at your own risk. Proshort is not responsible for misuse of your data by another user or by a third party. The Company does not guarantee that your data will always be intact or that your data will not be erased or formatted. However, the Company shall take necessary precautions to the best of its abilities to safeguard your data without being erased or lost.

13.6. The Company is not responsible for the actions, content, information, or data of third parties, and you release the Company, the Company’s directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

13.7. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, failure of communication on account of technical problems, or traffic congestion on the internet or at any website or combination thereof, including injury or damage to you or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web or in connection with the Services provided by Proshort.

14. Limitation of Liability.

14.1. Neither the Company nor any of its affiliates shall be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use Proshort or User Content including, but not limited to, (a) damages caused by defamatory, offensive, or illegal material; (b) damages caused by viruses, malfunctions, or harmful components accessed through Proshort; and (c) damages for lost profits, loss of data, or other intangibles, or any consequences of whether foreseeable or unforeseeable. Company’s maximum liability to any User for any breach of these Terms is One Hundred US Dollars (USD $100) in the aggregate.

14.2. EXCEPT AS REQUIRED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

  1. ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICES;

  2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES;

  3. ANY UNAUTHORIZED USE OF THE SERVICES;

  4. ANY INTERRUPTION OR CESSATION OF THE SERVICES;

  5. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY;

  6. ANY CONTENT WHETHER SUBMITTED BY A USER, INCLUDING YOUR USE OF CONTENT; AND/OR

  7. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

  8. THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

15. Indemnification.

If anyone brings a claim against the Company related to your actions, User Content submitted by you, you will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold you or such other person liable for the damages, losses and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for your material breach of these Terms. Although the Company provides rules for your conduct, the Company does not control or direct your actions on Proshort and is not responsible for the User Content you transmit or share on or use on Proshort or for any of your actions in using the Services. The Company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable User Content you may encounter on Proshort. The Company is not responsible for your conduct, whether online or offline through your use of the Services.

16. Governing Law and Jurisdiction.

16.1. These Terms shall be governed by, interpreted and construed in accordance with the laws of the State of California, United States without regard to conflict/choice of law principles. End Users will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law in the State of California.

Proshort is a workplace tool intended for use by businesses and organisations and not for consumer purposes. To the maximum extent permitted by law, You hereby acknowledge and agree that consumer laws do not apply to these Terms. If however, any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies that You may have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to the Customer of prepaid fees for Your subscription covering the remainder of the term.

17. Miscellaneous.

17.1. In a situation where any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed from the remaining Terms, which shall remain in full force and effect and will be made applicable and be enforceable to the extent permitted under applicable law.

17.2. No waiver of any breach or default of these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Terms should not be used for any interpretative purposes as these are for the mere convenience of the User.

17.3. All of the Company’s rights and obligations under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. The provisions of these Terms will inure to the benefit of and be binding upon each of the Company and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign these Terms or your rights and obligations under these Terms without the express prior written consent of the Company which may be withheld in the Company’s sole discretion. The Company may assign these Terms and its rights and obligations under these Terms without your consent.

17.4. The Company reserves the right to research and publish general user behavior categorized at its discretion.

17.5. By using Proshort and these Terms, You agree to receive account and feature related e-mails, calls and messages from the Company or its representatives.

17.6. The Company reserves the right to amend these Terms at any time. Your continued use of or access to Proshort after any such amendment will constitute your binding agreement to these Terms as amended.

17.7. The Company may change, suspend, or discontinue the availability of Proshort at any time. In addition, Company may impose limits on certain features and services or restrict your access to parts or all of the Product without notice or liability.

17.8. Any grievances or questions regarding these Terms should be directed to the support team of the Company at:

support@proshort.ai