Terms of Service
I. INTRODUCTION
A. Acceptance of Terms
By accessing, downloading, installing, or using Diffusion Studio ("Software"), you agree to be bound by these Terms of Service ("Agreement"). If you do not agree to this Agreement, you are not permitted to use or access the Software.
B. Parties to the Agreement
This Agreement is between you, the user of the Software ("User"), and the Diffusion Studio GmbH, having its principal place of business at Waldtruderinger Str. 14 a 81827 Munich (Germany).
C. Scope of the Terms and Conditions
This Agreement governs your use of the Software, including any updates, upgrades, new versions, or replacement software. It does not cover any other services unless such services are expressly included.
II. USER ELIGIBILITY
A. Minimum Age Requirement
Users must be at least 13 years old to use the Software. Users between the ages of 13 and 18 may use the Software only with the supervision of a parent or legal guardian.
B. User Representation and Warranties
User represents and warrants that (1) User has the legal right and capacity to enter into this Agreement in the jurisdiction where User resides, (2) User will comply with all terms and conditions of this Agreement, and (3) User’s use of the Software does not violate any applicable law or regulation.
III. LICENSE AND PERMITTED USE
A. Grant of License
Subject to your compliance with these terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software on devices owned or controlled by you.
B. Restrictions on Use
Except as expressly permitted, User shall not, and shall not permit any third party to, (1) distribute, rent, lease, lend, sell, sublicense, assign, copy, modify, or alter the Software; (2) decompile, disassemble, reverse engineer, or attempt to derive the source code of the Software, (3) create any derivative works from or of the Software, or (4) use the Software for any commercial purpose.
C. Ownership and Intellectual Property Rights
All rights, title, and interest in and to the Software, including all intellectual property rights therein, are and will remain with the Company. The Software is protected by copyright, and other laws, and you acknowledge that these rights are valid and enforceable.
IV. FEATURES AND FUNCTIONALITY
A. Description of Diffusion Studio
Diffusion Studio is a powerful video editing Software that allows Users to create, edit, and share videos with a range of features and tools. The Company reserves the right to alter or remove features at any time.
B. Third-Party API Integration
The Software may contain features designed to interoperate with third-party applications. To use such features, you may be required to obtain access to such third-party applications from their providers, and may be required to grant the Company access to your account on such third-party applications.
V. USER OBLIGATIONS
A. Registration and Account Information
User agrees to provide accurate, current, and complete account information and to keep this information updated. User is responsible for maintaining the confidentiality of their account password.
B. Prohibited Activities
User agrees not to engage in any activity that interferes with or disrupts the Software or the servers and networks connected to the Software.
C. Content Restrictions and Responsibility
User is responsible for all content that User creates, uploads, posts, or displays while using the Software. User agrees not to create, upload, post, or display any content that is false, misleading, unlawful, obscene, discriminatory, or otherwise objectionable.
D. Compliance with Laws
User agrees to comply with all local, state, national, and international laws, rules, and regulations applicable to User’s use of the Software.
VI. FEES AND PAYMENT
A. Pricing Structure
Use of the Software may require payment of certain fees. The Company reserves the right to change its price list and to institute new charges at any time.
B. Payment Terms
Payment for the Software must be made by a valid payment method accepted by the Company. If User’s payment fails, the Company reserves the right to terminate User’s access to the Software.
C. Refunds and Cancellations
All fees and charges are nonrefundable and there are no refunds or credits for partially used periods, except as required by applicable law.
VII. PRIVACY AND DATA PROTECTION
A. Data Collection and Usage
The Company collects and uses User’s data as described in the Company’s Privacy Policy.
B. Privacy Policy
The Company’s Privacy Policy, as updated from time to time, is incorporated into this Agreement by reference. User agrees to the collection, use, and disclosure of User’s data in accordance with the Privacy Policy.
C. Confidentiality
User agrees to keep confidential any non-public information that the Company designates as being confidential or which, under the circumstances, ought to be treated as confidential.
VIII. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. Use of Diffusion Studio at User's Own Risk
The Software is provided "as is" and "as available" without any warranty of any kind. User's use of the Software is at User's own risk.
B. Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from User’s access to or use of or inability to access or use the Software.
IX. INDEMNIFICATION
A. User's Indemnification Obligations
User agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User’s access to or use of the Software or User’s violation of this Agreement.
X. TERMINATION
A. Termination by User
User may terminate this Agreement at any time by uninstalling the Software and ceasing all use of the Software.
B. Termination by the Company
The Company may terminate this Agreement at any time, with or without cause, by providing notice to User or by preventing User’s access to the Software.
XI. GOVERNING LAW AND DISPUTE RESOLUTION
A. Applicable Law
This Agreement and any disputes arising out of or related to this Agreement or the Software shall be governed by the laws of Bavaria, without regard to its conflict of laws principles.
B. Jurisdiction
User agrees to submit to the personal jurisdiction of the state and federal courts located within Munich, Bavaria, Germany for the purpose of litigating all such disputes.
XII. AMENDMENTS AND MODIFICATIONS
A. Right to Amend the Terms
The Company reserves the right to amend this Agreement at any time by posting the amended terms on the Company’s website or within the Software.
B. Notice of Amendments
The Company will provide notice of any amendment to this Agreement by posting the amended terms on the Company’s website or within the Software at least thirty (30) days before the effective date of the changes.
XIII. MISCELLANEOUS
A. Entire Agreement
This Agreement constitutes the entire and exclusive understanding and agreement between User and the Company regarding the Software and supersedes any and all prior or contemporaneous understandings or agreements, written or oral, between User and the Company regarding the Software.
B. Severability
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
C. Waiver
The failure of the Company to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision.
D. Assignment
User may not assign or transfer this Agreement or User’s rights hereunder, in whole or in part, by operation of law or otherwise, without the Company’s prior written consent.
E. Survival of Terms
All provisions of this Agreement which by their nature should survive termination of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
F. Contact Information
If you have any questions about this Agreement, please contact the Company at contact (at) diffusion.studio.