Terms of Use

These Terms of Use ("Terms") are a legal agreement between you and CandyMustache, Inc., which operates Vidimize ("Company", "Vidimize", "we", "our", or "us"). They govern your access to and use of the Vidimize websites and applications, including www.vidimize.com, vidimize.com, app.vidimize.com, help.vidimize.com, d1.vidimize.com, our Adobe extensions and desktop tools (including X-Motion, MotionFlow, Movo, and Hub), our integrations with third-party platforms, and any related services, tools, software, features, content, APIs, or successor domains we operate (collectively, the "Platform").

By accessing, browsing, registering for, or using the Platform in any manner—including creating an account, subscribing to a plan, generating AI content, downloading assets, or using any tools—you ("you", "your") confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any applicable License Agreement governing the use of assets, AI outputs, or tools (together, the "Agreement").

If you do not agree to the Agreement, you must not access or use the Platform.

1. Relationship to the License Agreement

Certain features of the Platform—including but not limited to downloadable assets, templates, AI-generated content, and tools—are governed by a separate License Agreement applicable to your subscription or usage ("License").

• These Terms do not replace the License.
• Instead, they operate together.
• If there is a conflict between these Terms and the License, the License shall prevail with respect to usage rights of assets, AI outputs, and tools.
• Capitalized terms not defined in these Terms shall have the meanings assigned to them in the License.

2. Eligibility & Authority

By using the Platform, you represent and warrant that:

• You have read and understood the Agreement and agree to be legally bound by it
• You are at least 18 years old and have reached the age of majority in your jurisdiction
• You are not prohibited by law from using the Platform or entering into this Agreement
• If you are acting on behalf of a company, organization, or other legal entity, you have full authority to bind that entity to this Agreement

You are solely responsible for ensuring that your use of the Platform complies with all applicable laws and regulations.

3. Opening an Account

To access certain features of the Platform, including AI generation tools, asset downloads, subscriptions, and credit-based services, you must create a user account ("Account").

When creating an Account, you agree to:

• Provide accurate, current, and complete information, including your name, email address, and payment details where applicable
• Maintain and promptly update your information to keep it accurate and complete
• Not impersonate any person or entity or misrepresent your affiliation with any person or entity
• Use only an email address that you own or are authorized to use

You may not create an Account using automated means or on behalf of another person without proper authorization.

Vidimize reserves the right to refuse, suspend, or terminate any Account at its sole discretion if the provided information is inaccurate, misleading, incomplete, or violates this Agreement.

4. Account Security & Responsibility

You are solely responsible for:

• Maintaining the confidentiality of your Account credentials
• All activity that occurs under your Account, whether authorized by you or not
• Any AI generations, downloads, uploads, payments, or usage made through your Account

You must notify us immediately if you suspect or become aware of:

• Unauthorized access to your Account
• Any security breach or misuse of credentials

Vidimize will not be liable for any loss or damage arising from unauthorized use of your Account where such use was not caused by our direct failure to maintain reasonable security measures.

5. Account Use & Restrictions

You agree that you will not:

• Share, sell, sublicense, rent, lease, or transfer your Account to any third party
• Allow others to access the Platform using your credentials
• Circumvent or attempt to bypass subscription limits, credit systems, or technical safeguards
• Use multiple Accounts to abuse free tiers, trials, or promotional offers

Any attempt to exploit, manipulate, or abuse the Platform—including credit usage, AI generation limits, or pricing mechanisms—may result in immediate suspension or termination of your Account without refund.

6. Team, Business & Multi-User Accounts (If Applicable)

If Vidimize offers team-based, business, or multi-user subscription plans:

• The individual or entity purchasing the subscription will designate an authorized administrator ("Admin")
• The Admin is responsible for managing access, permissions, billing, and usage
• All actions performed by users under the Account are deemed authorized by the Account holder
• The Account holder is fully responsible for the actions, outputs, and compliance of all users under their Account, including employees, contractors, or collaborators.

Vidimize shall not be responsible for internal disputes, misuse, or unauthorized actions between users of the same Account.

7. Suspension & Termination of Accounts

Vidimize reserves the right, without prior notice, to suspend or terminate your Account if:

• You violate these Terms, the License, or applicable laws
• You misuse AI tools, credits, or assets
• You engage in fraudulent, abusive, or harmful behavior
• Your activity poses legal, technical, or reputational risk to the Company

Upon suspension or termination:

• Access to the Platform may be restricted or revoked
• Credits may be forfeited
• Access to AI tools and downloads will cease
• Any rights granted under the License will apply only as explicitly permitted therein

8. Subscriptions & Plans

Vidimize offers access to certain features of the Platform through paid subscription plans, free plans, trials, one-time credit purchases, and one-time purchases of individually identified digital Assets (collectively, "Plans").

The features, limits, pricing, and included credits (if any) associated with each Plan are described on the Platform at the time of purchase and may vary between Plans.

For clarity, the Platform may identify specific unlimited entitlements for certain Plans. Current examples include unlimited MiniMax Image on the Pro Plan, and unlimited Nano Banana, unlimited GPT Image 2 Low, plus unlimited MiniMax Image on the Studio Plan, when shown on the Platform.

Where a Plan includes access to features through X-Motion, the same Plan entitlements, billing rules, credit rules, fair use standards, and enforcement rights apply in X-Motion as on Vidimize web properties.

By subscribing to a Plan, you agree to pay all applicable fees in accordance with the selected Plan and these Terms.

A one-time purchase of an individual Asset grants access only to that Asset under the License Agreement. It does not include access to the complete library, future Assets, AI tools, Credits, or other subscription benefits unless expressly stated at checkout.

Free trials and free tiers. Free trials provide the limited allowance and duration shown when the trial starts. Unused trial allowance expires when the trial ends. A free trial does not convert into a paid Plan, and you are not charged, unless you choose and pay for a Plan. Free tiers, trials, and promotional offers are limited to one per person and may be changed or withdrawn at any time.

Regional pricing. Some Plans may be offered at regional prices based on your country. Eligibility is determined from your billing country and network location. Using a VPN, proxy, or false information to obtain a regional price is not permitted, and we may cancel or re-price affected purchases.

9. Billing & Auto-Renewal

Unless otherwise stated:

• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• Your subscription will automatically renew at the end of each billing cycle
• You authorize Vidimize to charge your selected payment method for each renewal
• You may cancel your subscription at any time through your Account settings or by contacting support. Cancellation will take effect at the end of the current billing period, and you will retain access until that time.
• No prorated refunds are provided for partially used billing periods or early cancellation once paid usage has started, except where required by applicable law.

9a. Fair Use on Unlimited Generation Features

Certain subscription plans include access to AI generation features described as "Unlimited" for specific models or tools. "Unlimited" means use under normal, good behavior conditions for genuine individual or internal team creative work. It does not imply unrestricted access beyond the scope of your Plan.

Unlimited generation features are subject to the following fair use conditions:

• Usage must reflect genuine individual creative or production activity. Automated, scripted, or programmatic generation at scale is prohibited.
• Generating content in excessive, repetitive, continuous, or batch volumes for the purpose of reselling, redistributing, overloading the Platform, or circumventing the credit system is not permitted.
• If you repeatedly attempt excessive or batch image generation or otherwise misuse unlimited access, Vidimize may slow, block, throttle, or suspend that access.
• Rate limits may be applied at any time to ensure platform stability and fair access for all users.

Vidimize reserves the right to monitor generation volume and patterns, including activity occurring through X-Motion, and to reduce, throttle, block, or suspend access to unlimited features for accounts that exhibit usage patterns inconsistent with good behavior or normal creative use, without prior notice and without obligation to provide a refund. Where possible, Vidimize will notify affected users before taking action.

10. Credits System

Certain features of the Platform—including AI video, AI VFX, image, music, other generative or transformation tools, and eligible features surfaced through X-Motion—operate on a credit-based system ("Credits").

Credits:

• Are non-transferable
• Have no cash or monetary value
• Do not have cash value and are not refundable once used, except where required by applicable law
• Cannot be sold, gifted, sublicensed, or exchanged
• Are usable only within the specific services for which they are granted

Credits do not constitute property, stored value, or a financial instrument and do not create any ownership rights.

Vidimize may modify how Credits are calculated, allocated, or consumed (including efficiency improvements or pricing optimizations), provided such changes do not materially reduce the overall service value associated with an active subscription or purchased Credits.

11. Credit Rollover, Expiration & Forfeiture

Credits are subject to the rules below:

The same Credit rules apply to Credits used or surfaced through Vidimize and X-Motion.

For all Credit types:

• Credits are inaccessible during any Account suspension and are not forfeited solely due to suspension; upon reinstatement, remaining Credits (subject to applicable expiration rules) become accessible again
• Credits are forfeited upon Account termination; this includes termination for cause, violations of these Terms or the License, or other termination events as permitted under the Agreement
• Vidimize is not responsible for expired or forfeited Credits

12. Payments, Taxes & Payment Providers

Payments may be processed through third-party payment processors. By providing payment information, you represent that you are authorized to use the selected payment method.

You are responsible for all applicable taxes, duties, or governmental charges imposed in connection with your purchase, except where Vidimize is required by law to collect and remit such taxes.

Vidimize is not responsible for errors, delays, or interruptions caused by third-party payment providers.

13. Refund Policy

Except where required by applicable consumer protection laws:

• A refund may be approved if the account has not used any Credits and has not downloaded any Assets, templates, sound effects, AI Outputs, or other downloadable content.
• No refunds are issued once paid usage has started, including:
  • Used Credits
  • AI generations, exports, or other paid usage already started
  • Any Asset, template, sound effect, AI Output, or other downloadable content has been downloaded
  • Subscription time already partially used
• If you are eligible for a statutory refund or cooling-off period under applicable law, such rights will apply only to the extent required by law and may be subject to conditions (such as non-use of the services).
• Free plans, promotional credits, and trial accounts are not eligible for refunds.

EU, EEA & UK consumers — right of withdrawal. If you are a consumer in the EU, EEA, or UK, you generally have 14 days from purchase to withdraw from a contract for digital content or digital services. Because our digital content and services are supplied immediately, you expressly request that we begin supplying them during the withdrawal period, and you acknowledge that you lose your right of withdrawal once you use Credits, start an AI generation, or download any Asset or other content. If you withdraw from a subscription before any such use, you will receive a full refund. To withdraw, contact billing@candymustache.com within the 14-day period.

14. Ownership & Intellectual Property

All content, materials, software, tools, assets, templates, AI models, AI-generated outputs, designs, interfaces, workflows, documentation, trademarks, logos, and branding made available through the Platform (collectively, "Platform Content") are owned by or licensed to Vidimize and are protected by applicable intellectual property and proprietary rights laws.

Except as expressly permitted under the License, no ownership or intellectual property rights are transferred to you by accessing or using the Platform.

Your rights are strictly limited to the non-exclusive, non-transferable, revocable rights expressly granted under these Terms and the License.

15. License Controls the Use of Assets & AI Outputs

The use of downloadable assets, templates, AI-generated outputs, and tools is governed exclusively by the License Agreement applicable to your subscription or purchase.

You agree that:

• Any use of assets or AI outputs outside the scope of the License constitutes a material breach of the Agreement
• Vidimize retains full ownership of all underlying assets, systems, and technologies
• Any rights not expressly granted are reserved by Vidimize

16. Prohibited Uses

You may not, directly or indirectly:

• Copy, resell, sublicense, redistribute, share, or make available any Platform Content, assets, templates, AI outputs, or tools except as expressly permitted by the License
• Use the Platform Content to create competing products, services, marketplaces, or libraries
• Use the Platform, assets, or AI outputs for training, fine-tuning, or developing machine learning or artificial intelligence models
• Scrape, crawl, harvest, or extract data or content from the Platform using automated means (bots, scrapers, spiders, scripts, etc.)
• Reverse engineer, decompile, disassemble, or attempt to discover the source code of any part of the Platform or tools
• Bypass, disable, or interfere with any technical, security, access-control, or usage-limiting measures
• Share your Account or allow third parties to access the Platform through your credentials
• Upload or generate content that is unlawful, infringing, harmful, deceptive, or violates third-party rights
• Use the Platform in any way that could damage, disrupt, overload, or impair its infrastructure or security
• Use the Platform in violation of any applicable law, regulation, or court order

Any attempt to engage in the above activities may result in immediate suspension or termination of your Account and legal action.

17. AI-Specific Restrictions & Acknowledgements

You acknowledge and agree that:

• AI-generated Outputs may not be unique and similar outputs may be generated for other users
• Vidimize does not guarantee accuracy, originality, or fitness for a particular purpose of any AI Output
• You are solely responsible for reviewing, validating, and determining the suitability of any Output before use
• You may not represent AI-generated Outputs as having been created exclusively by you without AI assistance where such representation would be misleading or unlawful

18. User Input & Responsibility

You retain ownership of the original content you submit to the Platform ("Input").

By submitting Input, you represent and warrant that:

• You have all necessary rights, permissions, and consents to submit and use the Input
• The Input does not infringe, misappropriate, or violate any third-party rights
• If your Input includes the image, voice, video, or likeness of another person for AI VFX, editing, or transformation, you have all necessary rights, permissions, and consents for that use
• Your Input complies with applicable laws and the Agreement
• You are solely responsible for your Input and for any content created using AI Outputs

19. Feedback

If you provide suggestions, ideas, feedback, or recommendations regarding the Platform or services ("Feedback"), you agree that:

• Feedback is non-confidential
• Vidimize may use, modify, and incorporate Feedback without restriction
• You irrevocably assign all rights in the Feedback to Vidimize
• No compensation or attribution is owed to you
• Vidimize is under no obligation to use any Feedback

20. Enforcement & Monitoring

Vidimize reserves the right, but does not have the obligation, to:

• Monitor Platform usage
• Investigate suspected violations
• Enforce the Agreement using automated systems, human review, or both

We may use automated safety filters and other safeguards to block or restrict certain prompts, Inputs, or Outputs that we reasonably determine to be illegal, harmful, or in violation of this Agreement. If a prompt or generation is blocked or filtered, applicable Credits will be returned.

We may restrict access, place an Account under manual review, remove content, or take other appropriate actions if we determine repeated or serious violations may have occurred. If manual review confirms a violation, we may suspend or terminate the Account.

21. DMCA Copyright Policy

Vidimize respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

If you believe that content on the Platform infringes your copyright, please notify our designated DMCA agent:

Your DMCA notice must include:

• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on the Platform
• Your contact information (name, address, telephone number, and email)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

Vidimize will respond to valid DMCA notices in accordance with applicable law and may terminate the accounts of repeat infringers.

22. AI Services Overview

Vidimize provides access to artificial intelligence–powered tools and features, including but not limited to AI video generation, AI VFX and transformation features, image generation, music generation, editing assistance, and other AI-driven services ("AI Services").

AI Services may be developed, operated, or supported by Vidimize and/or third-party providers. Vidimize reserves the right to modify, replace, suspend, or discontinue any AI Service at any time, with or without notice.

23. Inputs & Outputs

Certain AI Services allow you to submit text, images, video, audio, or other materials ("Input") for generation, transformation, enhancement, or editing and receive AI-generated or AI-assisted results ("Output").

You acknowledge and agree that:

• Outputs are generated automatically and may not be unique
• Similar or identical Outputs may be generated for other users
• Outputs may contain inaccuracies, inconsistencies, or unintended elements
• Vidimize does not review, endorse, or guarantee the accuracy, originality, legality, or suitability of any Output

24. Responsibility for Inputs

You are solely responsible for all Inputs you submit to the AI Services.

By submitting Input, you represent and warrant that:

• You own or have all necessary rights, permissions, licenses, and consents to submit the Input
• Your Input does not infringe, misappropriate, or violate any intellectual property, privacy, publicity, or other rights
• Your Input complies with applicable laws, regulations, and the Agreement
• You must not submit Inputs that include personal data, biometric data, or sensitive information unless you have obtained all legally required consents and authorizations

Vidimize assumes no responsibility or liability for Inputs submitted by users or for the consequences of such submissions.

25. Responsibility for Outputs

You are solely responsible for:

• Reviewing, validating, and approving Outputs before use
• Ensuring that any use of Outputs complies with applicable laws, platform policies, and third-party terms
• Any content, project, or publication created using Outputs

Laws and regulations governing the copyrightability of AI-generated content are evolving. Vidimize makes no representation or warranty that any AI Output will be eligible for copyright protection in any jurisdiction, and you are solely responsible for determining and complying with applicable legal requirements.

Vidimize shall not be liable for any claims, damages, losses, or disputes arising from your use of AI Outputs.

26. No Guarantees; No Professional Advice

AI Services and Outputs are provided "as-is" and "as available."

Vidimize makes no representations or warranties that:

• Outputs are accurate, complete, or reliable
• Outputs are free from errors, bias, or offensive content
• Outputs are suitable for any particular purpose

AI Outputs do not constitute legal, financial, medical, or professional advice, and should not be relied upon as such.

27. Third-Party AI Providers

Vidimize may use third-party AI models, infrastructure, or APIs to deliver AI Services.

You acknowledge that:

• Inputs and Outputs may be processed by third-party providers solely to provide the AI Services
• Such providers may have their own terms and policies
• Vidimize is not responsible for third-party services outside its control
• Vidimize does not use your Inputs or Outputs to train, fine-tune, or improve AI models operated by Vidimize or third parties

28. Credits & AI Usage

Use of AI Services consumes Credits in accordance with the rules displayed on the Platform.

You acknowledge that:

• Credit costs may vary by model, duration, resolution, or complexity
• Credits are consumed at the time of generation or processing
• If a generation fails because of a technical error on our side or our provider's side, the Credits charged for it are returned to your balance
• Vidimize may adjust Credit consumption mechanics to improve efficiency or service quality, provided such changes do not materially reduce the overall service value associated with your active Credits

29. Model Changes & Availability

Vidimize does not guarantee the continued availability of any specific AI model, provider, feature, or output style.

Models may be:

• Updated, replaced, limited, or removed
• Subject to usage limits or availability constraints
• Temporarily unavailable due to technical or provider-related issues

Vidimize shall not be liable for changes, interruptions, or discontinuation of AI Services.

30. Prohibited AI Uses

You may not use the AI Services to:

• Generate content that is unlawful, infringing, deceptive, or harmful
• Impersonate individuals or misrepresent identity
• Create deepfakes or deceptive media without proper authorization
• Create sexual, nude or intimate imagery of any real person, or any sexual content involving minors
• Violate privacy, publicity, or data protection laws
• Circumvent safeguards, filters, or content restrictions

Vidimize reserves the right to restrict or disable access to AI Services for violations of this section.

31. No Ownership of AI Systems

You acknowledge that you acquire no ownership rights in any AI models, systems, prompts, workflows, or technologies used to generate Outputs.

All AI systems remain the exclusive property of Vidimize or its licensors.

31A. Software, Extensions & Updates

Our Adobe extensions and desktop tools (including X-Motion, MotionFlow, Movo, and Hub) ("Software") are licensed, not sold, under the License Agreement. You may install and use the Software on devices you own or control, for use with your own Account.

• The Software may check for and install updates automatically, and some features require an internet connection and a signed-in Account.
• The Software sends us usage and activity data needed to provide its features, enforce Plan entitlements, and keep it secure, as described in the Privacy Policy.
• The Software works with third-party host applications such as Adobe After Effects and Premiere Pro. You are responsible for holding a valid license for those applications. We are not affiliated with or endorsed by Adobe, and changes to host applications may affect compatibility.

31B. Connected Accounts & Third-Party Platforms

Some features let you connect third-party accounts, such as YouTube, Instagram, or ChatGPT, for example to schedule and publish content or to generate content from another app.

• By connecting a YouTube account, you agree to be bound by the YouTube Terms of Service. Our handling of YouTube data is described in our Privacy Policy and is also subject to the Google Privacy Policy.
• Your use of Instagram, Facebook, ChatGPT, and other connected platforms remains subject to those platforms' own terms and policies.
• You authorize us to publish the content you schedule, at the times you choose, to the accounts you connect. You are solely responsible for that content and for complying with each platform's rules.
• We are not responsible for a platform's decision to reject, remove, limit, or demonetize content, or for changes to a platform's API that affect our features.
• You can revoke our access at any time from the connected platform's account settings.

31C. Custom Production Services

We may offer custom video production services, such as AI-produced property videos ("Custom Productions"). The scope, price, delivery time, and number of included revisions for each Custom Production are shown on the order page or agreed in writing, and form part of your order.

• Your materials. You represent that you own or have permission to use all photos, footage, logos, text, and other materials you provide, and that the property, people, and claims shown are accurately represented.
• Delivery and revisions. Delivery times start once we receive payment and all required materials. Revision requests must stay within the original scope; new requests may be quoted separately.
• Rights in the deliverable. Once paid in full, you may use the final delivered video for any lawful personal or commercial purpose, including advertising and listing platforms. Underlying Assets, templates, music, and tools used to make it remain licensed under the License Agreement and may not be extracted and used separately. We may show the deliverable in our portfolio unless you ask us not to.
• Refunds. You may cancel for a full refund before work starts. After work starts, refunds are at our discretion, and no refund is due once the final deliverable has been delivered, except where we have failed to deliver what was ordered or where required by law.

31D. Earn Credits Program

Participation in the Earn Credits creator program is governed by these Terms and the program rules published at /earn-credits/rules. Credits earned through the program are promotional Credits: they have no cash value, may be revoked as described in the program rules, and are not eligible for refunds.

Because you receive Credits for posting about Vidimize, you must clearly disclose that relationship in every submitted post (for example, with "#ad", "#sponsored", or the platform's paid-partnership label), as required by the U.S. Federal Trade Commission's Endorsement Guides and similar laws in other countries. Posts must reflect your honest opinion and experience.

32. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Platform, AI Services, assets, tools, Outputs, and all related services are provided "as is" and "as available", without warranties of any kind.

Vidimize expressly disclaims all warranties, whether express, implied, or statutory, including but not limited to:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness
• Availability or uninterrupted operation

Vidimize does not warrant that the Platform or AI Services will be error-free, secure, uninterrupted, or free of harmful components.

33. Limitation of Liability

To the maximum extent permitted by applicable law:

Vidimize shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities.

Vidimize shall not be liable for:

• Your use or inability to use the Platform or AI Services
• Any Output generated by AI Services
• Errors, biases, omissions, or inaccuracies in Outputs
• Content uploaded, generated, or published by users
• Third-party services, platforms, or providers

Vidimize's total aggregate liability, for any claim arising out of or relating to the Agreement, shall not exceed the total amount paid by you to Vidimize in the twelve (12) months preceding the event giving rise to the claim, or USD $100, whichever is greater.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

34. User Indemnification

You agree to indemnify, defend, and hold harmless Vidimize, its affiliates, officers, directors, employees, contractors, licensors, and partners from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use or misuse of the Platform or AI Services
• Your Inputs or Outputs
• Any project, publication, or distribution created using the Platform
• Your violation of these Terms, the License, or applicable law
• Any infringement or alleged infringement of third-party rights

Vidimize reserves the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

35. Enforcement & Remedies

Vidimize may take any action it deems appropriate, including without limitation:

• Suspending or terminating Accounts
• Restricting access to services or features
• Removing content or Outputs
• Suspending or forfeiting Credits
• Refusing service

Such actions may be taken without prior notice, where permitted by law.

Failure by Vidimize to enforce any provision of the Agreement shall not constitute a waiver of future enforcement.

36. Suspension for Legal or Technical Reasons

Vidimize may suspend or restrict access to the Platform or AI Services if:

• Required by law or regulation
• Necessary to protect users, third parties, or the Platform
• Technical, security, or operational issues occur

Vidimize shall not be liable for losses resulting from such suspensions.

37. Survival

The following sections shall survive termination or expiration of the Agreement:

• Intellectual Property
• AI Services disclaimers
• Limitation of Liability
• Indemnification
• Enforcement
• Governing Law & Jurisdiction

38. Governing Law & Jurisdiction

Subject to the arbitration provisions in Section 39, these Terms and any dispute, claim, or controversy arising out of or relating to the Agreement, the Platform, or the services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

You agree that any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in the State of Delaware, and you hereby consent to the personal jurisdiction and venue of such courts.

WAIVER OF CLASS ACTIONS: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Vidimize. This waiver applies to the fullest extent permitted by law.

39. Dispute Resolution & Arbitration

For any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (except for disputes seeking injunctive or equitable relief for intellectual property infringement):

Informal Resolution: You agree to first contact Vidimize at legal@candymustache.com to attempt to resolve the dispute informally. Both parties agree to negotiate in good faith for at least thirty (30) days before initiating arbitration or litigation.

Binding Arbitration: If the dispute cannot be resolved informally, either party may initiate binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• Arbitration shall be conducted in New Castle County, Delaware, or remotely via videoconference
• The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction
• Each party shall bear its own costs and attorneys' fees, unless the arbitrator awards fees to the prevailing party
• The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding

Small Claims Exception: Either party may bring an individual action in small claims court for disputes within that court's jurisdiction (typically under $10,000) as an alternative to arbitration.

Opt-Out Right: You may opt out of this arbitration agreement by sending written notice to Vidimize within thirty (30) days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. Send to: legal@candymustache.com.

40. Assignment

Vidimize may assign, transfer, or delegate its rights and obligations under this Agreement, in whole or in part, without restriction and without notice to you.

You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Vidimize. Any attempted assignment in violation of this section shall be void.

41. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

42. Entire Agreement

This Agreement constitutes the entire agreement between you and Vidimize concerning your access to and use of the Platform and supersedes all prior or contemporaneous agreements, communications, or understandings, whether written or oral.

No waiver, modification, or amendment of this Agreement shall be effective unless made in writing and signed or expressly approved by Vidimize.

43. No Waiver

Failure by Vidimize to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision or of any other provision.

44. Notices

Vidimize may provide notices to you via:

• Email to the address associated with your Account
• In-app notifications
• Posting on the Platform

You are responsible for keeping your contact information current. Notices shall be deemed delivered upon transmission.

45. Changes to These Terms

Vidimize reserves the right to modify these Terms, the License, and the Privacy Policy at any time.

Updated versions will be posted on the Platform and will take effect immediately unless otherwise stated. Continued use of the Platform after changes become effective constitutes acceptance of the revised Agreement.

If you do not agree with the updated Terms, you must stop using the Platform.

46. Statutory Rights

Nothing in this Agreement shall affect any mandatory statutory rights that you may have under applicable consumer protection laws.

47. Force Majeure

Vidimize shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, power failures, or internet service interruptions.

48. Contact Information

If you have any questions regarding these Terms or the Platform, you may contact us at: