Vidmatic Terms of Service

IMPORTANT — PLEASE READ CAREFULLY. SECTION 20 OF THESE TERMS CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS-ACTION, COLLECTIVE-ACTION, AND JURY-TRIAL WAIVER. BY ACCEPTING THESE TERMS YOU AGREE THAT, EXCEPT FOR THE NARROW CARVE-OUTS EXPRESSLY DESCRIBED IN SECTION 20, ALL DISPUTES BETWEEN YOU AND VIDMATIC WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, AND YOU WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST VIDMATIC. THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND (SEE SECTION 15).

Vidmatic.ai ("Vidmatic," "we," "us," or "our") is a screen recording, transcription, and video collaboration platform operated by FOLIOVIZ LLC, a limited liability company organized under the laws of the State of Illinois, United States. References in these Terms to "Vidmatic" include FOLIOVIZ LLC and its affiliates. By accessing or using Vidmatic, you ("you" or "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

1. Acceptance of Terms

By creating an account, signing in, or otherwise accessing or using vidmatic.ai, the Vidmatic browser extensions, desktop applications, embedded recorders, embeddable players, developer SDKs, or any related services (collectively, the "Service"), you agree to these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

The act of signing in constitutes your acceptance of these Terms. We capture a record of your acceptance — including the version accepted, timestamp, IP address, and user agent — for legal record-keeping. This record is treated as PII with admin-only access controls.

2. Definitions

• "Account" means the user record we create when you first sign in.
• "User Content" means any video recordings, audio, screenshots, transcripts, comments, reactions, feedback, project metadata, channel messages, drawing attachments, board contents, AI-generated titles or summaries, and any other material you submit, upload, generate, or transmit through the Service.
• "Public Recording" means a recording you have marked as publicly accessible (or whose visibility allows unauthenticated viewing).
• "Shared Recording" means any recording made accessible to a third party via link, embed, channel, project, or invitation.
• "Prohibited Content" has the meaning given in Section 6.
• "Abuse Report" means any communication from a User, viewer, rightsholder, or third party alleging that User Content violates these Terms or applicable law.

3. Service Description

Vidmatic enables Users to:

• Record their screen, microphone, and camera from a browser, browser extension, or desktop application;
• Upload video chunks to our servers and have those chunks assembled into a complete recording;
• Have recordings transcribed using on-host speech-to-text models;
• Receive AI-generated titles and summaries based on transcripts;
• Encode recordings to MP4, GIF, timelapse, and similar derivative formats;
• Edit recordings (trim, crop, speed adjustment, concatenation into projects);
• Share recordings publicly via a shareable link, privately with named collaborators, or by embedding on third-party websites;
• Collect feedback (comments, reactions, drawings) on recordings;
• Integrate with third-party services such as GitHub for issue creation; and
• Use developer API keys and SDKs to embed Vidmatic recording or playback into their own products.

The Service is provided on an evolving basis. Features may be added, changed, or removed at our discretion. We may impose or change usage limits (such as recording counts, storage quotas, transcription minutes, or rate limits) on free or paid plans without prior notice.

4. Account Registration and Security

To use most features you must create an Account by signing in with a supported authentication provider. You agree to provide accurate, current, and complete information and to keep that information updated.

You are responsible for safeguarding your Account credentials, your OAuth-linked email address, and any developer API keys (vmw_* or vmu_*) issued under your Account. You are responsible for all activity that occurs under your Account, including activity by anyone you authorize to use it.

You must notify us immediately at support@folioviz.com if you suspect unauthorized access. You may not share your Account, transfer it to another person, or use anyone else's Account without their explicit permission.

You must be at least 13 years old to use the Service. If you are between 13 and 18, you must have your parent or legal guardian's permission. The Service is not directed to children under 13, and we do not knowingly collect personal information from them. If we discover that we have collected such information, we will delete it.

5. User Content

5.1 Ownership

As between you and Vidmatic, you retain all ownership rights in your User Content. Nothing in these Terms transfers ownership of your User Content to Vidmatic.

5.2 License to Vidmatic

To operate the Service, you grant Vidmatic a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (for technical purposes such as transcoding, transcription, thumbnail generation, and format conversion), display, perform, and transmit your User Content solely as necessary to provide, secure, and improve the Service and to enforce these Terms. This license terminates when you delete the relevant User Content or your Account, except as required to comply with law, respond to legal process, resolve disputes, enforce our agreements, or honor backup and audit-log retention windows.

5.3 Recordings, Transcriptions, and AI Outputs

Vidmatic processes your recordings to produce derivative outputs including but not limited to: MP4 encodes, GIF previews, transcript text via on-host speech-to-text, AI-generated titles and summaries via large language models, scene cropping variants, trimmed clips, project concatenations, and timelapse photo assemblies. These outputs are treated as User Content and stored alongside your originals. You are solely responsible for ensuring that you have the legal right to record, process, store, transcribe, and share all audio, video, and on-screen content captured.

5.4 Publicly Shared Recordings

When you mark a recording as public, you grant a worldwide, non-exclusive, royalty-free license for any person to view, embed, and link to that recording for so long as it remains public. You may revoke this license by changing visibility back to private or by deleting the recording; however, copies that have been embedded, downloaded, or cached prior to revocation may persist outside our control. You acknowledge that public links may be indexed by search engines or shared on social networks once posted.

5.5 Embedded Recordings and SDK Use

If you embed a Vidmatic recording or use the <vidmatic-embed> element or recording SDK on a third-party site, you remain responsible for that recording's compliance with these Terms. You must not embed Vidmatic recordings on sites that traffic in Prohibited Content.

5.6 Content Removal

We reserve the right (but have no obligation) to review, refuse, remove, blur, mute, or restrict access to any User Content at any time, with or without notice, if we believe in good faith that it violates these Terms, infringes the rights of others, or poses a security, legal, or reputational risk to Vidmatic.

6. Acceptable Use Policy — Prohibited Content and Conduct

You agree NOT to use the Service to record, upload, transmit, store, share, embed, transcribe, or otherwise process any of the following ("Prohibited Content" and "Prohibited Conduct"):

6.1 Illegal or harmful content

• Child sexual abuse material ("CSAM"), or any content that sexually exploits, depicts, or endangers minors;
• Content that depicts, glorifies, or incites terrorism, mass violence, or serious physical harm to people or animals;
• Credible threats of violence, including death threats, threats of serious bodily injury, or threats against critical infrastructure;
• Content that violates applicable export-control, sanctions, or anti-money-laundering laws;
• Content that infringes the copyright, trademark, patent, trade secret, or other intellectual property rights of others;
• Content that defames, libels, or violates the privacy, publicity, or other legal rights of any person.

6.2 Hateful, harassing, or abusive content

• Hate speech or content that promotes violence or discrimination on the basis of race, ethnicity, national origin, religion, sex, gender, gender identity, sexual orientation, disability, age, or serious medical condition;
• Content that targets a person or group for harassment, stalking, intimidation, doxxing, or coordinated abuse;
• Content that publishes or threatens to publish another person's private, confidential, or personally identifying information without their consent (including home addresses, government IDs, financial account numbers, or medical records);
• Sexually explicit content posted without consent of the people depicted (including "revenge" intimate imagery and synthetic non-consensual intimate imagery).

6.3 Recording, capture, and consent

• Record any person without their knowledge or consent in any jurisdiction that requires consent of one or more parties to a conversation. You — not Vidmatic — are responsible for understanding and complying with the recording laws of every jurisdiction in which you or the people you record are located;
• Capture credit card numbers, full social security numbers, government identifiers, protected health information, or other sensitive regulated data on screen without authorization and a lawful basis to do so. Vidmatic's infrastructure is not certified for HIPAA, PCI-DSS, or similar regulated workloads;
• Use the Service to record proprietary, classified, or confidential information of a third party in violation of an agreement with that third party.

6.4 Misuse of the platform

• Upload malware, viruses, ransomware, exploits, or any code intended to disrupt, damage, or gain unauthorized access to any system;
• Reverse engineer, decompile, or attempt to extract the source code of any Service component, except to the extent expressly permitted by law;
• Circumvent rate limits, billing, paywalls, authentication, account suspensions, or any other technical access control;
• Probe, scan, or test the vulnerability of our systems, except under a written security-research agreement with us;
• Use automated tools, scripts, or bots to send traffic in excess of documented rate limits, scrape Service data, or simulate human use;
• Use the Service to build a competing screen-recording, transcription, or video-collaboration product, or to train machine-learning models from data you do not own;
• Misuse developer SDK or API keys (for example, embedding secret keys in shipped client binaries where end-users can extract them);
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity, in your Account profile, recordings, or any communication through the Service;
• Use the Service in any manner that, in our reasonable judgment, exposes us, our users, or third parties to liability or reputational harm.

7. Abuse Reporting, Mandatory Law Enforcement Cooperation, and Suspension

This Section is non-negotiable.

7.1 Zero tolerance

We have zero tolerance for illegal, inappropriate, or offensive content uploaded to or shared through the Service. This specifically includes (but is not limited to) any Prohibited Content described in Sections 6.1 and 6.2.

7.2 Immediate reporting to authorities

If we determine, in our reasonable good-faith judgment, that any User Content uploaded to or shared via Vidmatic constitutes Prohibited Content of the kind described in Sections 6.1 or 6.2 — particularly CSAM, credible threats of violence, terrorism content, or other content that we are required or permitted by law to report — we will:

1. Immediately report the content and the responsible Account to the appropriate law enforcement authorities, which may include (without limitation) the U.S. Federal Bureau of Investigation, the National Center for Missing and Exploited Children (NCMEC), state and local law enforcement, INTERPOL, and the national authorities of any other relevant jurisdiction;
2. Provide those authorities with the full log history associated with the content and the Account, including but not limited to: the offending content itself; all derivative outputs (MP4 encodes, transcripts, AI-generated titles and summaries, thumbnails, GIFs, timelapse photos, drawings, and project renders); upload metadata; IP addresses and user agents observed at every sign-in, token refresh, upload, edit, share, embed, and playback event; sharing and visibility-change history; viewer and playback logs (including viewer IP addresses where available); developer API key usage; channel and project membership; payment and identity data on file; and any other diagnostic, audit, or operational logs relevant to the investigation;
3. Immediately suspend the responsible Account and revoke all active sessions, OAuth tokens, developer API keys, and embed credentials associated with it; and
4. Preserve all of the above evidence for so long as required by law or requested by a law enforcement authority, even after Account suspension or termination. The retention of preserved evidence overrides any otherwise-applicable deletion or expiration window described elsewhere in these Terms.

7.3 No prior notice

We are not required to give you notice before reporting Prohibited Content to authorities or suspending your Account under this Section. Where the law permits or requires confidentiality (for example, in connection with an ongoing CSAM investigation under 18 U.S.C. § 2258A or an analogous statute), we will not notify you of the report.

7.4 Cooperation with legal process

We will cooperate with valid legal process — including subpoenas, court orders, search warrants, and mutual legal assistance treaty requests — directed to FOLIOVIZ LLC, even in the absence of an Abuse Report originating from us.

7.5 Suspension for lesser violations

For violations of Section 6 that do not rise to the level of mandatory reporting, we may, at our sole discretion, issue a warning, restrict features, remove or restrict access to specific User Content, suspend the Account temporarily, or terminate the Account. Repeat violators will be terminated.

7.6 No liability for enforcement

You agree that FOLIOVIZ LLC and its affiliates, officers, employees, and agents will not be liable to you for any action taken in good faith under this Section, including content removal, Account suspension or termination, evidence preservation, or disclosure to law enforcement.

7.7 Reporting abuse to us

To report Prohibited Content or other Terms violations, email support@folioviz.com with a link to the recording, a description of the violation, and your contact information. For copyright complaints, see Section 11.

8. Privacy

Your use of the Service is also governed by our Privacy Policy. The Privacy Policy describes how we collect, use, and protect personal information including OAuth identifiers, IP addresses, recording metadata, transcript text, viewer analytics, and acceptance records. By using the Service, you consent to the practices described in the Privacy Policy.

We capture acceptance of these Terms — including IP address and user agent — at sign-in and at token refresh. This data is used solely for legal record-keeping and is treated as PII with admin-only access controls.

9. Third-Party Services

The Service integrates with third-party services such as Google (OAuth and sign-in), Stripe (billing), OpenAI or other large-language-model providers (AI-generated titles and summaries), and GitHub (issue creation from recordings). Your use of those services is governed by the third party's own terms and privacy policies. We are not responsible for the availability, accuracy, or content of any third-party service, and integrating with one does not constitute our endorsement of it. If you connect a third-party service to your Vidmatic Account, you authorize us to exchange data with that service as necessary for the integration to function.

10. Intellectual Property

The Service, including its software, designs, logos, trademarks, documentation, user-interface elements, and underlying technology, is owned by FOLIOVIZ LLC and its licensors and is protected by United States and international intellectual property laws. Except for the limited rights expressly granted to you under these Terms, no rights or licenses are transferred. The names "Vidmatic," "vidmatic.ai," and any associated logos and marks are trademarks of FOLIOVIZ LLC. You may not use them without prior written permission, except for fair use such as accurately referring to the Service in editorial or comparative contexts.

If you submit feedback, suggestions, ideas, or bug reports, you grant FOLIOVIZ LLC a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and exploit that feedback for any purpose without compensation or obligation to you.

11. Copyright Complaints (DMCA)

FOLIOVIZ LLC respects the intellectual property rights of others and complies with the U.S. Digital Millennium Copyright Act ("DMCA"). If you believe that content on Vidmatic infringes your copyright, please send a written notice to our designated agent at support@folioviz.com containing:

1. A physical or electronic signature of the rights holder or an authorized agent;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the allegedly infringing material and information sufficient for us to locate it (such as the recording URL);
4. Your contact information (name, address, telephone, email);
5. A statement that you have a good-faith belief that the use is not authorized by the rights holder, its agent, or the law; and
6. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the rights holder.

We will respond to valid notices by removing or disabling access to the allegedly infringing material and notifying the User who uploaded it. We may terminate Accounts of repeat infringers in appropriate circumstances. Counter-notices may be sent to the same address and must meet the requirements of 17 U.S.C. § 512(g)(3).

12. Subscriptions, Trials, and Billing

Some features require a paid subscription. Pricing, trial periods, plan limits, and billing terms are presented at checkout. Billing is processed by Stripe, Inc.; by purchasing, you also agree to Stripe's terms and authorize Stripe to charge the payment method on file.

Subscriptions auto-renew at the then-current rate at the end of each billing period until cancelled. You may cancel at any time via the Stripe Customer Portal accessible from your Account settings; cancellation takes effect at the end of the current billing period and you will not be charged again. Trials that expire without an active payment method will downgrade to the free tier; User Content retained on the free tier may become read-only when it exceeds free-tier limits.

ALL FEES ARE FINAL AND NON-REFUNDABLE. NO REFUNDS — PRO-RATED OR OTHERWISE — WILL BE ISSUED ON ANY MONTHLY OR ANNUAL PLAN, FOR ANY REASON, INCLUDING (WITHOUT LIMITATION) MID-CYCLE CANCELLATION, UNUSED TIME REMAINING ON A SUBSCRIPTION, ACCOUNT SUSPENSION OR TERMINATION (WHETHER INITIATED BY YOU OR BY US), DOWNGRADE TO A LOWER-PRICED PLAN, DOWNGRADE TO THE FREE TIER, REDUCTION OR REMOVAL OF FEATURES, SERVICE OUTAGES, OR DISSATISFACTION WITH THE SERVICE. NO EXCEPTIONS. This Section applies notwithstanding any conflicting communication, courtesy refund, goodwill credit, or representation made by any Vidmatic representative; only a written waiver signed by an authorized officer of FOLIOVIZ LLC can vary this no-refund policy in a given case, and any such waiver applies only to that case and creates no precedent or expectation.

All fees are stated in U.S. dollars and exclude taxes, which you are responsible for. You also remain responsible for any chargeback or reversal fees, collection costs, and bank charges we incur as a result of your payment activity. We may change prices, plan limits, or feature availability with notice; changes take effect at the start of your next billing period unless we state otherwise. This Section does not override any non-waivable refund right granted to you by applicable consumer-protection law in your jurisdiction.

If a payment is declined or charged back, we may suspend your access until the balance is cleared.

13. Beta and Experimental Features

We may from time to time make beta, preview, or experimental features available. These are provided "AS IS," without any warranty, support obligation, service-level commitment, or indemnity, and our total liability for them is capped at twenty-five U.S. dollars ($25). We may modify or discontinue beta features at any time without notice and without liability to you.

14. Termination

You may terminate your Account at any time by deleting it from the settings page or by emailing support@folioviz.com. Termination will remove your User Content within a reasonable period, except for: backups; audit, security, and acceptance-record logs; content shared into channels, projects, or boards owned by other users; and any material preserved under Section 7 or otherwise required to be retained by law.

We may suspend or terminate your access immediately, with or without notice, if (a) we believe in good faith that you have violated these Terms, (b) your use of the Service poses a security, legal, or reputational risk to us or to other users, (c) you have failed to pay amounts due, (d) we are required to do so by law, or (e) we discontinue the Service or a portion of it.

Sections that by their nature should survive termination — including IP, the licenses granted to Vidmatic to operate the Service, abuse reporting and cooperation, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and the survival provisions of this paragraph — will survive.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT RECORDINGS WILL BE TRANSCRIBED ACCURATELY, THAT AI-GENERATED TITLES OR SUMMARIES WILL BE FREE OF ERRORS OR HALLUCINATIONS, THAT MP4 ENCODES OR DERIVATIVE OUTPUTS WILL BE BIT-PERFECT REPRESENTATIONS OF THE ORIGINAL, OR THAT THE SERVICE WILL BE AVAILABLE AT ANY GIVEN TIME. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP ANY USER CONTENT YOU WISH TO RETAIN.

NOTHING IN THIS SECTION LIMITS WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE CONSUMER LAW.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FOLIOVIZ LLC, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, RECORDINGS, OR OTHER INTANGIBLES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) TWENTY-FIVE U.S. DOLLARS ($25) OR (B) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this Section may not apply to you. To the extent any liability cannot be limited or excluded, the limitations in this Section apply to the maximum extent permitted by law.

17. Indemnification

You agree to indemnify, defend, and hold harmless FOLIOVIZ LLC and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your User Content; (b) your use of or access to the Service; (c) your violation of these Terms; (d) your violation of any third-party right, including without limitation any privacy, publicity, intellectual property, recording-consent, or contract right; or (e) any claim that your User Content caused damage to a third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

18. Force Majeure

We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, war, terrorism, civil disturbance, government action, labor disputes, internet or power outages, denial-of-service attacks, third-party platform outages (including outages of cloud providers, Stripe, Google, or any LLM provider), or natural disasters.

19. Export Compliance

You may not use, export, or re-export the Service in violation of U.S. or other applicable export-control or sanctions laws. You represent that you are not located in, or a national or resident of, any country subject to comprehensive U.S. embargo, and that you are not listed on any U.S. government list of prohibited or restricted parties.

20. Governing Law, Mandatory Binding Arbitration, and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND VIDMATIC TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS OR COLLECTIVE ACTION. IT LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

20.1 Governing law

These Terms, and any dispute arising out of or relating to them or to the Service, are governed by and construed in accordance with the laws of the State of Illinois, United States, and applicable U.S. federal law (including the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA")), in each case without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20.2 Informal dispute resolution required first

Before initiating arbitration or any other legal proceeding, you agree to first attempt to resolve any dispute informally by sending a written notice to FOLIOVIZ LLC, support@folioviz.com that describes (a) the nature and basis of the claim, (b) the specific relief sought, and (c) your name, address, email, and Account identifier. You and Vidmatic must then negotiate in good faith for at least sixty (60) days before either may initiate arbitration. The statute-of-limitations and other deadlines applicable to your claim are tolled during this 60-day period. Compliance with this Section 20.2 is a condition precedent to initiating arbitration; an arbitrator may dismiss without prejudice any claim filed in violation of it.

20.3 Agreement to arbitrate — mandatory and binding

You and Vidmatic each agree that any and all disputes, claims, or controversies between you and Vidmatic arising out of or relating in any way to these Terms, the Service, your Account, your User Content, our Privacy Policy, any marketing or commercial communications from us, or our relationship with you — whether based in contract, tort, statute, fraud, misrepresentation, consumer protection, or any other legal or equitable theory — will be resolved exclusively by FINAL AND BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, if AAA declines to administer, by JAMS under its Streamlined Arbitration Rules and Procedures), and not in court. This agreement to arbitrate is governed by the FAA and is intended to be interpreted broadly. The arbitrator — not any court — has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, scope, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable.

By accepting these Terms, you knowingly and voluntarily give up your right to sue Vidmatic in court, your right to a trial by judge or jury, and your right to participate as a plaintiff, class member, or representative in any class, collective, consolidated, mass, or representative action against Vidmatic, except as expressly carved out in Section 20.5 below.

20.4 Arbitration procedure

The arbitration will be conducted by a single neutral arbitrator. The seat and legal place of arbitration is Chicago, Illinois, though for any claim under $25,000 the arbitration will be conducted by telephone, videoconference, or solely on the basis of written submissions at your election, and you will not be required to travel. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Each party will bear its own attorneys' fees and costs in arbitration except (a) as provided in Section 20.7 (prevailing-party fees) and (b) to the extent the AAA Consumer Arbitration Rules require Vidmatic to bear filing, administrative, and arbitrator fees that exceed what you would pay to file in court — in which case Vidmatic will pay those excess fees in accordance with those Rules.

20.5 Limited carve-outs from arbitration

The following claims are not subject to Section 20.3:

• Small-claims court. Either party may bring an individual action in a small-claims court of competent jurisdiction, so long as the action remains in that court and is not removed, transferred, or expanded to a class or representative proceeding.
• Injunctive or equitable relief by Vidmatic. Vidmatic may seek injunctive, declaratory, or other equitable relief in any court of competent jurisdiction anywhere in the world to protect or enforce its intellectual property rights, Confidential Information, security, or the integrity of the Service, including (without limitation) to enforce Sections 5 (User Content), 6 (Acceptable Use), 7 (Abuse Reporting), 10 (Intellectual Property), 11 (Copyright), and 19 (Export). You consent to the personal jurisdiction and venue of any such court.
• Government and regulatory action. Nothing in this Section limits any non-waivable right to bring an individual complaint before a government agency, including the Federal Trade Commission or any state attorney general.

20.6 Class-action, collective-action, and mass-arbitration waiver

You and Vidmatic agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff, class member, or representative in any purported class, collective, consolidated, mass, or representative proceeding. The arbitrator may not consolidate more than one person's claims, may not preside over any form of representative or class proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court or arbitrator decides that this paragraph is unenforceable as to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) will be severed from arbitration and brought in the state or federal courts of the State of Illinois; all other claims will continue in arbitration.

You and Vidmatic further agree that coordinated filing of 25 or more arbitration demands against Vidmatic by the same or coordinated counsel will be deemed a "Mass Filing." In a Mass Filing, the parties agree that the AAA Mass Arbitration Supplementary Rules (or successor) apply, and that bellwether arbitration procedures (e.g., the first ten claims resolved as test cases) may be used to streamline proceedings.

20.7 Forum for non-arbitrable claims; prevailing-party fees

For any dispute that is not subject to arbitration under Section 20.5 or otherwise, you irrevocably agree that the exclusive forum is the state or federal courts located in the State of Illinois, and you consent to the personal jurisdiction and venue of those courts and waive any objection based on inconvenient forum. If Vidmatic is the prevailing party in any arbitration or court proceeding arising out of or relating to these Terms or the Service, Vidmatic is entitled to recover its reasonable attorneys' fees, costs, and expenses from you, to the maximum extent permitted by law. You are not entitled to recover attorneys' fees from Vidmatic except where a non-waivable statute expressly provides otherwise.

20.8 Statute of limitations — one year

Any claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues; otherwise it is permanently and irrevocably barred. This one-year limitation does not apply to Vidmatic's claims against you. This limitation applies to the maximum extent permitted by law.

20.9 Right to opt out of arbitration

You may opt out of Sections 20.3, 20.4, and 20.6 (the arbitration agreement and the class-action waiver as it applies to arbitration) by sending a written opt-out notice to support@folioviz.com within thirty (30) days after first accepting these Terms or any materially amended version of these Terms that introduces or modifies the arbitration agreement. The notice must include your full name, the email address associated with your Account, and the statement "I opt out of the Vidmatic arbitration agreement." Opting out does not affect any other provision of these Terms, including the jury-trial waiver, the class-action waiver as it applies in court, the Illinois forum-selection clause, the one-year statute of limitations, the limitation of liability, or the no-refund policy.

20.10 Severability of this Section

If any portion of this Section 20 (other than the class-action waiver in Section 20.6) is held to be unenforceable, the remainder will continue in full force and effect, and the unenforceable portion will be reformed to the minimum extent necessary to make it enforceable. If the class-action waiver in Section 20.6 is held unenforceable as to a given claim, that claim alone will proceed in court under Section 20.7 and all other claims will continue in arbitration.

20.11 No third-party beneficiaries; survival

This Section confers no rights on any third party. This Section survives termination of these Terms, deletion of your Account, and discontinuation of the Service.

21. Changes to These Terms

We may update these Terms from time to time. When we do, we will publish a new dated version at vidmatic.ai/terms and update the version identifier. Non-material changes (typographical corrections, clarifications, and the like) take effect immediately upon publication. For changes we deem material, we will display an in-app banner notifying you and provide reasonable advance notice before the new version takes effect.

Your continued use of the Service after a new version is published constitutes acceptance of the new Terms; we will additionally append a fresh acceptance record at your next sign-in or token refresh.

22. Miscellaneous

• Entire Agreement. These Terms, together with the Privacy Policy and any order or plan-specific terms presented at checkout, constitute the entire agreement between you and FOLIOVIZ LLC concerning the Service and supersede all prior or contemporaneous agreements.
• Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be replaced with one that most closely reflects its original intent.
• No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of all or substantially all of our assets.
• No Agency. No agency, partnership, joint venture, or employment relationship is created by these Terms.
• Notices to Us. Legal notices must be sent in writing to support@folioviz.com and, where required by law, to the registered address of FOLIOVIZ LLC.
• Notices to You. We may give notice to you by email to the address on your Account, by in-app banner, or by posting to vidmatic.ai. You are responsible for keeping your contact email current.
• Headings. Section headings are for convenience only and do not affect interpretation.

23. Contact

For all matters — legal notices, questions about these Terms, abuse and trust-and-safety reports, copyright (DMCA) notices and counter-notices, arbitration notices under Section 20, and general support:

FOLIOVIZ LLC Email: support@folioviz.com Service: vidmatic.ai

You may also use the in-app support page.