Videoloft Terms of Service

Our “Service” consists of the Videoloft website and the Videoloft app for smartphones and tablets. The Videoloft app is available from the Apple App Store and Google Play Store.

Our Service enables you, among other things, through the use of our software, to (i) search, access and view content broadcasted and distributed by means of the Service. And (ii) to broadcast and distribute live digital media content or pre-generated digital media content (“Service”).

The Service is provided by Videoloft Limited (Company registered number 08121657) of 18C Mallams Court, 18 Park Drive, Milton Park, Abingdon, OX14 4RP. By using our Service, you are agreeing to Videoloft terms of service. Please read them carefully.

Our Service is changing all the time, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Service. Those additional terms become part of your agreement with us if you use the Service.

Using our Service

Some functions of this Service, may require you to have a Videoloft account. When your Provider creates a Videoloft account for you or you create an account yourself through the Videoloft website, they/you select a unique user identification (“User ID”) and password. They/you also provide certain information about yourself. When your account is created, you’ll receive a welcome email. This email contains Videoloft Terms of Service and our Privacy Policy. In continuing to use the Service, you represent and warrant that you’re of legal age to form a binding contract.

You also agree to provide accurate, current, and complete information about yourself as prompted. Finally, you agree to maintain and promptly update the information to ensure that it remains accurate, current, and complete. Videoloft has the right to suspend or terminate your account and refuse any/all current/future use of the Service if:

  • If you or your Provider provide any information that Videoloft believes to be inaccurate, not current, or incomplete.
  • If you select a User ID that Videoloft, in its sole discretion, finds offensive or inappropriate

You agree to (a) keep your password confidential and to only log in with your User ID and password. (b) ensure that you exit from your account at the end of each session. And (c) immediately notify Videoloft of any unauthorized use of your User ID and/or password. You are fully responsible for all activities that occur under your User ID. Videoloft won’t be liable for any loss or damage arising from your failure to comply.

You must follow any policies made available to you within the Service.

In connection with your use of the Service, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications.

Age restrictions

The Videoloft Service is not intended for children under 13. You affirm that you are either more than 13 years of age, or possess legal parental or guardian consent. You also confirm you’re fully able and competent to enter into the terms and to abide by them. If you’re under 13 years of age, then please don’t use the Videoloft Service. Talk to your parents about what is appropriate for you.

Intellectual property

Using our Service doesn’t give you ownership of any intellectual property rights in our Service or the content you access. You may not use content from our Service unless you obtain permission from its owner or unless law permits it. Videoloft terms of service don’t grant you the right to use any branding or logos used in our Service. Don’t remove, obscure or alter any legal notices displayed in or along with our Service.

Service misuse

Don’t misuse our Service. For example, don’t interfere with our Service. Don’t try to access it using a method other than the interface and the instructions that we provide. You may use our Service only as permitted by law, including applicable export and control laws and regulations. We may suspend or stop providing our Service to you if: (i) you don’t comply with our terms or policies. Or (ii) if we are investigating suspected misconduct.

In addition, you agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or other similar systems, that access the video, television, film or other digital media content through Videoloft Service or performing automated registration to the Service in a manner that sends more request messages to the Videoloft servers in a given period of time than a human user can reasonably produce in the same period by using a conventional web browser, or automatically records the content of channels in a given period of time than a user can reasonably watch, or create automatic searches and clicks on channels links and watch marks in a given period of time than a human user can reasonably produce.

You agree not to collect or harvest any personally identifiable information, including User IDs, from the Service. Furthermore, you agree to use the communication systems provided by the Service for any commercial solicitation purposes. Moreover, you understand that your content may be transmitted over various networks and changed to conform and adapt to technical requirements.

Finally, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the content, software, materials, or Services in whole or in part.

Your Videoloft account

You’ll need a Videoloft Account in order to use some of our Service. Your Provider (your professional CCTV installer, integrator or dealer) will create your Videoloft account for you, or you can create one yourself through the Videoloft website.

Subscription and billing

We offer the facility to sign up to a number of monthly or annual subscription plans, including plans with differing conditions, limitations and features, including without limitation as to number of recording devices and cloud storage space.

You can start a subscription plan or change your existing subscription plan by talking to your Provider, or you can start your subscription by creating an account through the Videoloft website. If your account was created by your provider, your Provider will choose how you will pay for your Videoloft subscription – you’ll either (i) pay Videoloft directly, or (ii) pay your Provider directly. If you create your own account through the Videoloft website you’ll pay Videoloft directly.

As used in these Terms of Service, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

Provider created account, paying directly to Videoloft

(i) If you are paying your subscription fee to directly to Videoloft, then you’ll receive an email when your Provider creates your account:

  • You must provide us with a current, valid, accepted method of payment (“Payment Method”) to use the Service. We’ll bill the monthly or annual subscription fee to your Payment Method. In addition, we’ll also bill any applicable taxes such as value added tax. If you want to avoid billing of the next month’s subscription fees to your Payment Method you must cancel your subscription before the next renewal date.
  • By starting your Videoloft subscription and providing or designating a Payment Method, you authorize Videoloft to charge you a monthly or annual subscription fee for the subscribed plan at the then current rate, and any other charges you may incur in connection with your use of the Service to your Payment Method. Where you change your plan during your subscription term, we may bill you any difference between the subscription fee for your old and new plans for the remainder of that term. The amount billed each term for the subscribed plan is a recurring amount which will only be varied in the event that you change your plan or Videoloft adjusts the prices for the Service. Where the applicable subscription fee is varied, you authorize us to charge your Payment Method for such varied amounts, which may be billed monthly in one or more charges.
About the payments
  • Any subscription fee for our Service is automatically billed using your Payment Method at the beginning of your subscription and each term thereafter unless/until you cancel your subscription. Videoloft reserves the right to change the timing of our billing, in particular if your Payment Method hasn’t successfully settled. In the event your subscription began on a day not contained in a given month, Videoloft may bill your Payment Method on a day in the applicable month or such other day as deemed appropriate. Your renewal date may change due to changes in your subscription. Videoloft may authorize your Payment Method in anticipation of subscription or service-related charges.
  • Payments are non-refundable and there are no refunds/credits for partially used periods. Following any cancellation, however, you’ll continue to have access to the Service until the end of your current billing period. At any time, and for any reason, Videoloft may provide a refund, discount, or other consideration to some or all of our subscribers (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance doesn’t entitle you to credits in the future for similar instances, nor it obligates us to provide credits in the future, under any circumstance.
  • If a payment isn’t successfully settled, due to expiration, insufficient funds, or otherwise, and you don’t edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellations
  • You provide your explicit consent to the immediate commencement of your subscribed Service when you have confirmed the subscription plan details and provided a Payment Method. You acknowledge that you lost your right to withdrawal, but this does not affect your right to cancel your subscription, which you may do at any at any time, and you will continue to have access to the subscribed Service until the end of your monthly billing period. In addition, you may have rights of cancellation under consumer protection rights that you may be entitled to under the mandatory laws of your local jurisdiction. Videoloft does not provide refunds or credits for any partial-month subscription periods or periods of unused Service. To cancel, login to your online account on the Videoloft website and follow the instructions for cancellation. If you cancel your subscription plan, your account will automatically revert to the free plan at the end of your current billing period. If you cancel or downgrade your subscription plan, you acknowledge that from the end of the billing period any recorded content that is not included in the conditions, limitations and features of your new plan will cease to be stored on Videoloft’s System.

Provider created account, paying to your Provider

(ii) If you’re paying your subscription fee directly to your Provider, your payment relationship is with them, not Videoloft. You must liaise with your Provider if you want to change or cancel your subscription.

Created own account through Videoloft website, paying directly to Videoloft

If you created your own Videoloft account through the Videoloft website, you enter your payment details when you create your account:

  • You must provide us with a current, valid, accepted method of payment (“Payment Method”) to use the Service. We will not ship your Cloud Adapter(s) to you without a payment method. We’ll bill the monthly or annual subscription fee to your Payment Method, but the first payment won’t be taken until the end of any free trial period. In addition, we’ll also bill any applicable taxes such as value added tax. If you want to avoid billing of the next month/year’s subscription fees to your Payment Method you must cancel your subscription before the next renewal date.
  • By starting your Videoloft subscription and providing or designating a Payment Method, you authorize Videoloft to charge you a monthly or annual subscription fee for the subscribed plan at the then current rate, and any other charges you may incur in connection with your use of the Service to your Payment Method. The first payment for your monthly or annual subscription won’t be taken until the end of any free trial period. Where you change your plan during your subscription term, we may bill you any difference between the subscription fee for your old and new plans for the remainder of that term. The amount billed each term for the subscribed plan is a recurring amount which will only be varied in the event that you change your plan or Videoloft adjusts the prices for the Service. Where the applicable subscription fee is varied, you authorize us to charge your Payment Method for such varied amounts, which may be billed monthly in one or more charges.
About the payments
  • If you created your account yourself through the Videoloft website, any subscription fee for our Service is automatically billed using your Payment Method at the end of any free trial period and each payment period thereafter unless/until you cancel your subscription. Videoloft reserves the right to change the timing of our billing, in particular if your Payment Method hasn’t successfully settled. In the event your subscription began on a day not contained in a given month, Videoloft may bill your Payment Method on a day in the applicable month or such other day as deemed appropriate. Your renewal date may change due to changes in your subscription. Videoloft may authorize your Payment Method in anticipation of subscription or service-related charges.
  • Payments are non-refundable and there are no refunds/credits for partially used periods. Following any cancellation, however, you’ll continue to have access to the Service until the end of your current billing period. At any time, and for any reason, Videoloft may provide a refund, discount, or other consideration to some or all of our subscribers (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance doesn’t entitle you to credits in the future for similar instances, nor it obligates us to provide credits in the future, under any circumstance.
  • If a payment isn’t successfully settled, due to expiration, insufficient funds, or otherwise, and you don’t edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellations
  • You provide your explicit consent to the commencement of your subscribed Service at the end of any free trial period when you have confirmed the subscription plan details and provided a Payment Method. You acknowledge that you lost your right to withdrawal, but this does not affect your right to cancel your subscription, which you may do at any at any time, and you will continue to have access to the subscribed Service until the end of your monthly billing period. In addition, you may have rights of cancellation under consumer protection rights that you may be entitled to under the mandatory laws of your local jurisdiction. Videoloft does not provide refunds or credits for any partial-month subscription periods or periods of unused Service. To cancel, login to your online account on the Videoloft website and follow the instructions for cancellation. If you cancel your subscription plan, your account will automatically revert to the free plan at the end of your current billing period. If you cancel or downgrade your subscription plan, you acknowledge that from the end of the billing period any recorded content that is not included in the conditions, limitations and features of your new plan will cease to be stored on Videoloft’s System.

You can find specific details regarding your subscription using your online account on the Videoloft website. Videoloft reserves the right to modify, terminate or otherwise amend our offered pricing and subscription plans from time to time.

Videoloft reserves the right to adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes to your Service will take effect no earlier than 30 days following notice to you.

Cloud Adapter warranty

All Videoloft Cloud Adapters are shipped with a 5-year warranty.

This Warranty Policy shall be globally applicable and enforced in all countries. In the event that any terms of this Warranty Policy conflict with local laws, local laws shall prevail.

Videoloft is NOT responsible for any interoperability or compatibility issues that may arise when:

(1) products, software, or options not supported by Videoloft are used;

(2) configurations not supported by Videoloft are used;

(3) parts intended for one system are installed in another system of different make or model.

This warranty only applies to the purchase of new (not second-hand) Cloud Adapters and is only valid when accompanied by the original invoice or sales receipt.

This Limited Warranty is NOT transferable and applies ONLY to direct customers who purchase the Cloud Adapter from Videoloft. For indirect customers, please contact your distributor for warranty services.

 

1.1 Regular Warranty
Videoloft warrants to the direct customer that Videoloft Cloud Adapters will be free from defects in material and workmanship for a period of five (5) years after delivery. Videoloft warrants the free replacement for the remainder of the warranty period. Videoloft’s obligations are limited to the successful repair or, at its discretion, replacement of the Cloud adapter or defective component(s).  Videoloft shall, at its option a) repair the Cloud Adapter using new or refurbished parts that are equivalent to new in performance and reliability or b) replace the Cloud Adapter with a product that is formed from new and/or refurbished parts that are equivalent to new in performance and reliability and/or any other suitable option at its discretion. Warranty repairs must be carried out by Videoloft authorized technical personnel.

 

1.2 Non-Warranty
Videoloft reserves the right to inspect products returned from its customers in order to determine the cause of the problem. This warranty does not cover expendable or consumable parts and product problems related to the following:

(1) Products damaged during shipping due to insufficient or improper packaging.

(2) Damage caused by force majeure (such as fire, flood, war, earthquake, snowstorm, incorrect mains voltage, improper or insufficient ventilation or any other cause beyond the reasonable control of Videoloft).

(3) Damage caused by normal wear of parts, scratches, surface rust or deterioration, improper use or use outside Its normal purposes, improper storage, improper testing, negligent use of improper voltage or current, accidental damage, abnormal or unusual use, use of unauthorized accessories or modules, use contrary to the operating instructions, improper operating temperature/environment, or lack of regular maintenance.

(4) Product repaired, dismantled, or altered by unauthorized technical personnel.

(5) Any costs relating to transport including delivery, removal or installation of the Cloud Adapter.

 

2. How to Return Material for Replacement

2.1 Return of products to Videoloft requires prior approval by email to techsupport@videoloft.com.

2.2 Returned items must be packed properly and safely. Videoloft is not responsible for any damage or loss during transportation due to improper packaging.

2.3 Send return package to 18C Mallams Court, 18 Park Drive, Milton Park, Abingdon, OX14 4RP.

 

3. Grounds for Refusing Returned Materials

  1. If any of the following conditions exist, the returned products may be rejected by Videoloft and returned to the customer at the customer’s expense:

(1) Late return of defective products.

(2) Returned products are missing components.

(3) Failure to ship products according to the agreed method of shipping.

 

4. Liability

Unless the applicable legislation states anything to the contrary, the rights under this warranty are the consumer’s sole rights and Videoloft shall not be liable for any indirect or consequential loss or damage to any other related equipment, software or material. Where applicable legislation and these terms differ, only the parts that are affected will be subject to the applicable legislation and all other parts of the terms remain in force. These terms and conditions are governed by English law and any dispute or matter arising out of these terms or the promotion shall be under the exclusive jurisdiction of the English courts.

Cloud Adapter Refund Policy

If you are a self-registered end user and you created your own account via the Videoloft website and you later decide not to continue with the service once your free 30 day trial has ended we will refund the price you paid for your Cloud Adapter(s).

Refunds must be requested via email to partners@videoloft.com. We’ll only accept refund requests for 7 days after the date your free trial ended.

Privacy and copyright protection

Videoloft’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Service. By using our Service, you agree that Videoloft can use such data in accordance with our Privacy Policy.

We respond to notices of alleged copyright infringement and terminate the accounts of repeat infringers according to the process set out in the Electronic Commerce (EC Directive) Regulations 2002.

About software in the Service

Our Service includes downloadable software. This software may be updated automatically on your device once a new version or feature is available. We also let you adjust your automatic update settings.

Videoloft gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Videoloft in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our Service or included software save for your own content.  

Furthermore, Videoloft doesn’t allow you to reverse engineer, or attempt to extract the source code of that software, unless laws prohibit those restrictions, or you have our written permission. The restrictions on reverse engineering or attempting to extract our source code apply to all components of our service with a limited exception. Some versions of viewer apps may indicate on the ‘about’ information that they contain certain libraries linked to FFmpeg on those specific applications only and on no other parts of the service the restrictions on reverse engineering don’t apply in compliance with LGPLv2.1.

Open-source software is important to Videoloft. Some software used in the Service may be offered under an open-source licence that Videoloft will make available to you. There may be provisions in the open-source licence that expressly override some of these terms.

Modifying and terminating the Service

We are constantly changing and improving our Service. We may add or remove functionalities or features and we may suspend or stop the Service altogether.

You can stop using our Service at any time, although we’d be sorry to see you go. Videoloft may also stop providing the Service to you. It may also add or create new limits to our Service at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue the Service, where reasonably possible, we’ll give you reasonable advance notice. We’ll also give you a chance to remove information from the Service.

Our warranties and disclaimers

We provide our Service using a commercially reasonable level of skill and care. We hope that you will enjoy using them. But there are certain things that we don’t promise about our Service.

Other than as expressly set out in these terms or additional terms, neither Videoloft nor its suppliers or distributors makes any specific promises about the Service. For example, we don’t make any commitments about the content within the Service. We also don’t make any commitments about the specific functions of the Service. Nor on their reliability, availability or ability to meet your needs. We provide the Service “as is”.

Some jurisdictions provide for certain warranties, like the implied warranty of satisfactory quality, fitness for a particular purpose and non-infringement. To the extent permitted by law, Videoloft excludes all warranties.

Liability for the Service

When permitted by law, Videoloft and Videoloft’s suppliers won’t be responsible for lost profits, lost revenues or loss of data. They also won’t be responsible for financial losses. Nor for indirect, special, consequential, losses or damages to the fullest extent permitted by law.

To the extent permitted by law, the total liability of Videoloft and its suppliers and distributors for any claims under these terms, including for any implied warranties, is limited to the amount that you paid us to use the Service (or, if we choose, to supplying you with the Service again).

In all cases, Videoloft, its suppliers and distributors won’t be liable for any loss or damage that isn’t reasonably foreseeable.

We recognize that in some countries, you might have legal rights as a consumer. If you are using the Service for a personal purpose, then nothing in these terms or any additional terms limits any consumers’ legal rights which may not be waived by contract.

Business uses of the Service

If you’re using our Service on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Videoloft and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the Service or violation of these terms. This includes any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.

Apple device and application terms

If you are using the Service in connection with a device provided by Apple, Inc. (“Apple”), the following terms apply:

  1. You acknowledge that this agreement is between you and your installer only. It is not with Apple, and Apple is not responsible for the Service, the application or the content;
  2. The application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis. It is solely to be used in connection with the Service for your private, personal, non-commercial use. This use is subject to all the terms and conditions of this agreement, as they are applicable to the Service.
  3. You will only use the application in connection with an Apple device that you own or control;
  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application;
  5. In the event of any failure of the application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure. Upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the application;

Further Apple device and application terms

  1. Moreover, you acknowledge and agree that Apple is not responsible for addressing any claims you or any third party may have in relation to the application;
  2. Furthermore, acknowledge and agree that, in the event of any third party claim that the application or your possession and use of the application infringes that third party’s intellectual property rights, Apple won’t be responsible for the investigation, defence, settlement and discharge of any such infringement claim;
  3. In addition, you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country. You also warrant that you aren’t on any U.S. Government lists of prohibited or restricted parties;
  4. You acknowledge and agree that, in your use of the application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
  5. Finally, acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this agreement. Upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.

About Videoloft Terms of Service

We may modify these terms, e.g to reflect changes to the law or to our Service. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. Changes won’t apply retrospectively and will become effective no earlier than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don’t agree to the modified terms for a Service, you should discontinue your use of that Service.

These terms govern the relationship between Videoloft and you. They don’t create any third-party beneficiary rights.

If you don’t comply with these terms and we don’t take action immediately, this doesn’t mean that we’re giving up any rights that we may have (such as taking action in the future). Furthermore, if it turns out that a particular term isn’t enforceable, this won’t affect any other terms.

If you reside in one of those countries your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of England and Wales will apply to any disputes arising out of or relating to these terms or the Service. 

Similarly, if the courts in your country won’t permit you to consent to the jurisdiction and venue of the courts in England, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the English courts. Both you and Videoloft consent to personal jurisdiction in those courts. These terms won’t limit any consumer protection rights that you may be entitled to under the mandatory laws of your local jurisdiction.