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Terms of Service and Privacy Policy

Last updated and effective date: April 18, 2025

TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT" OR "TERMS OF SERVICE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY CLIPMONKEY.NET. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE CLIPMONKEY.NET WEBSITE AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, WEBSITES (INCLUDING CLIPMONKEY.NET) OR APPLICATIONS OFFERED FROM TIME TO TIME BY CLIPMONKEY IN CONNECTION THEREWITH (COLLECTIVELY "SERVICE(S)"). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

"The Site" refers to the websites operated by ClipMonkey, including but not limited to clipmonkey.net, as well as any associated applications, services, features, content, and functionalities offered by ClipMonkey.

Acceptance of Terms of Service

The Service is offered subject to acceptance without modification of all of these Terms of Service and all other operating rules, policies, and procedures that may be published from time to time in connection with the Services by ClipMonkey. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by ClipMonkey from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

ClipMonkey may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Service Description

ClipMonkey is a tool that allows users to upload videos and automatically generate captions for those videos using artificial intelligence technology. The Service is designed to assist users in making their video content more accessible and engaging through the addition of captions.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that:

  • Would constitute a violation of any applicable law, rule or regulation
  • Infringes upon any intellectual property or other right of any other person or entity
  • Is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane
  • Uploads or attempts to caption content that promotes hate speech, violence, or illegal activities
  • Uploads videos containing minors (individuals under the age of 18) without proper parental consent and supervision
  • Attempts to impersonate or misrepresent your identity or affiliation with any person or entity
  • Creates, uploads, or shares content that is discriminatory based on race, gender, religion, nationality, disability, sexual orientation, or age

Further, you shall not (directly or indirectly):

  • Take any action that imposes an unreasonable or disproportionately large load on ClipMonkey's infrastructure
  • Interfere or attempt to interfere with the proper working of the Service
  • Bypass any measures ClipMonkey may use to prevent or restrict access to the Service
  • Use any method to extract data from the Services, including web scraping or web harvesting
  • Reverse engineer, decompile, or otherwise attempt to discover the source code of the Service
  • Reproduce, duplicate, copy, sell, resell or exploit any portion of the Site without express written permission

Licensing Terms

When you upload videos to ClipMonkey:

  1. You retain ownership of your original video content.
  2. You grant ClipMonkey a non-exclusive, worldwide, royalty-free license to use, reproduce, process, and display your video content solely for the purpose of providing and improving the Service.
  3. You own the captioned video output that ClipMonkey generates for you and may use it for personal or commercial purposes.
  4. ClipMonkey retains ownership of the captioning technology, algorithms, and systems used to generate the captions.

User Content and Representations

By uploading video content to the Service, you represent and warrant that:

  1. You own or have the necessary licenses, rights, consents, and permissions to use and authorize ClipMonkey to use your content as necessary to provide the Service.
  2. Your content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
  3. You have obtained proper consent from any individuals appearing in your videos.
  4. Your use of the Service will not violate any law or regulation.

DMCA and Takedowns Policy

ClipMonkey respects the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide ClipMonkey with the following information:

  1. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner
  2. Identification of the copyrighted work claimed to have been infringed
  3. Identification of the material that is claimed to be infringing and where it is located on the Service
  4. Your contact information, including address, telephone number, and email address
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  6. A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the owner's behalf

Copyright infringement notices should be sent to: [email protected]

Fees and Payments

ClipMonkey may offer both free and paid subscription plans. By signing up for a paid subscription:

  1. You agree to pay all fees associated with your selected plan.
  2. Subscriptions will automatically renew for the same period unless canceled before the renewal date.
  3. You acknowledge that the Service begins immediately upon purchase and therefore waive any applicable cooling-off period.
  4. No refunds will be issued for partial subscription periods or for services already rendered.
  5. ClipMonkey reserves the right to change pricing at any time, with changes for current subscribers taking effect at the next renewal period.

Termination

ClipMonkey may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service or follow the cancellation instructions on the Site.

Upon termination, all rights and licenses granted to you under these Terms will immediately cease, but all provisions that should reasonably survive termination shall survive.

Indemnification

You shall defend, indemnify, and hold harmless ClipMonkey, its affiliates, and each of its employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of the Service, violation of these Terms, or infringement of any intellectual property or other right of any person or entity. ClipMonkey reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of Liability

IN NO EVENT SHALL CLIPMONKEY OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE:

(I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;

(II) FOR YOUR RELIANCE ON THE SERVICE OR ITS OUTPUTS;

(III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE FEES PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer

THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE CLIPMONKEY WEBSITE, APPLICATIONS, AND ANY CONTENT OR OUTPUTS) IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

CLIPMONKEY DOES NOT GUARANTEE THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR MEET YOUR EXPECTATIONS, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

CLIPMONKEY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CAPTIONS GENERATED BY THE SERVICE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL GENERATED BY THE SERVICE WILL BE AT YOUR OWN RISK.

Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [YOUR JURISDICTION] and be conducted in English. The decision of the arbitrator shall be final and binding.

You agree to resolve any claims against ClipMonkey on an individual basis and waive any right to bring a class action, consolidated action, or representative action.

Modifications to Terms of Service

ClipMonkey reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Service at any time by posting a notice on the Site or by sending you an email. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

PRIVACY POLICY

ClipMonkey is committed to protecting your privacy. This Privacy Policy describes how we collect, use, and share information about you when you use our services.

Information We Collect

We collect the following categories of information:

  1. Account Information: When you create an account, we collect your name, email address, and password.
  2. Payment Information: If you subscribe to a paid plan, we collect payment details including credit card information or payment account details.
  3. Content: We collect and process the videos you upload to our Service for the purpose of generating captions.
  4. Usage Information: We automatically collect information about how you interact with our Service, including:
    • IP address and device information
    • Browser type and settings
    • Usage patterns and interactions with the Service
    • Performance data and error reports
  5. Cookies and Similar Technologies: We use cookies and similar technologies to track activity on our Service and hold certain information.

How We Use Your Information

We use your information for the following purposes:

  1. To provide and maintain our Service
  2. To process and complete transactions
  3. To improve and personalize your experience with the Service
  4. To develop new features and functionality
  5. To communicate with you about the Service
  6. To monitor usage patterns and analyze trends
  7. To prevent fraud and enforce our Terms of Service
  8. To comply with legal obligations

Information Sharing and Disclosure

We may share your information in the following circumstances:

  1. Service Providers: We share information with third-party vendors who provide services on our behalf, such as payment processing, data analysis, and customer service.
  2. Compliance with Laws: We may disclose your information if required to do so by law or in response to valid requests by public authorities.
  3. Business Transfers: If ClipMonkey is involved in a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction.
  4. With Your Consent: We may share your information with third parties when we have your consent to do so.

We do not sell your personal information to third parties.

Data Security

We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction.

Data Retention

We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

Your Rights

Depending on your location, you may have certain rights regarding your personal information, including:

  1. The right to access your personal information
  2. The right to correct inaccurate information
  3. The right to delete your personal information
  4. The right to restrict processing of your personal information
  5. The right to data portability
  6. The right to object to processing of your personal information

To exercise these rights, please contact us at [email protected].

Children's Privacy

Our Service is not directed to children under 13 (or the applicable age of digital consent in your jurisdiction). We do not knowingly collect personal information from children. If you believe we have inadvertently collected information from a child, please contact us immediately.

International Data Transfers

Your information may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the information to the United States and process it there.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last updated" date at the top. You are advised to review this Privacy Policy periodically for any changes.

Contact Us

If you have any questions about this Privacy Policy, please contact us at:

Email: [email protected]

Website: clipmonkey.net

By using the ClipMonkey Service, you acknowledge that you have read and understood this Terms of Service and Privacy Policy.