Terms and Conditions of Service

This agreement governs the provision of Interactive Video Software As A Service (the "Service") by TouchPoint Video, a registered business in the state of Victoria, Australia (the "Provider") to the client (the "Customer").

By accessing or using any TouchPoint Video services including the Video Wall, Interactive Video Studio, or Chrome Extension, you agree to be bound by these Terms and Conditions.

The Provider shall provide the following services to the Customer:

1.1 TouchPoint Video Wall

• Hosting and display of Customer's video URLs on the Provider's servers
• Organization and management of video collections
• Embedding capabilities for websites and sharing via mobile devices

1.2 TouchPoint Interactive Video Studio

• Interactive video creation and editing tools
• Hotspot creation and management (clickable elements positioned within videos)
• Support for YouTube, Vimeo, and MP4 video sources
• Animation effects library (GSAP animations)
• Analytics and engagement tracking
• Real-time updates to published interactive videos

1.3 TouchPoint Interactive Chrome Extension

• Browser extension for viewing interactive YouTube videos
• Detection and rendering of interactive hotspots on YouTube
• User engagement tracking and analytics
• Free for all viewers to install and use

2.1 Subscription Fees

The Customer shall pay the Provider the following fees:

• Video Wall Hosting: A monthly subscription fee ($5/month for Creators Paradise Club membership)
• Interactive Video Studio Access: Included in Creators Paradise Club membership
• Chrome Extension: Free for all users

2.2 Additional Services

• Fee for Services: Custom interactive video production services are available on a case-by-case basis. These fees are payable immediately upon agreement. Additional fees may apply if the Customer alters the scope of work.
• Premium Add-ons: Optional paid add-ons for enhanced features, additional hotspot templates, or advanced animation effects may be offered separately.

2.3 Refund Policy

All fees are non-refundable, including:

• Monthly and annual subscription fees
• Fee-for-service custom production work
• Premium add-on purchases
• Analytics packages

2.4 Payment Processing

Payments are processed through PayPal. By subscribing, you authorize recurring charges to your payment method. You may cancel your subscription at any time through your PayPal account settings.

3.1 Active Subscriptions

Customers with active, paid subscriptions have full access to:

• Create unlimited new projects
• Edit and save existing projects
• Clone and duplicate projects
• Access all Studio features and tools
• Publish interactive videos to YouTube
• View analytics and engagement data

3.2 Cancelled or Expired Subscriptions

If a subscription is cancelled or payment fails:

• Customer will be unable to log in to the Studio
• Existing published interactive videos will continue to function
• No new projects can be created
• Existing projects cannot be edited or saved
• Account reactivation requires subscription renewal

3.3 Data Retention

Customer project data will be retained for 90 days after subscription cancellation. After this period, the Provider reserves the right to delete inactive account data.

4.1 Term

This agreement commences on the date of acceptance by the Customer and continues until terminated by either party.

4.2 Termination by Customer

The Customer may terminate this agreement at any time by:

• Cancelling their subscription through PayPal
• Providing written notice to the Provider
• Ceasing to use the Service

4.3 Termination by Provider

The Provider may immediately terminate this agreement if the Customer:

• Breaches any of these terms and conditions
• Creates content that is illegal, adult, or harmful in nature
• Uses the Service for malicious purposes
• Fails to pay outstanding fees
• Engages in conduct that damages the Provider's reputation or systems

4.4 Effect of Termination

Upon termination:

• The Provider shall immediately cease providing Studio access
• The Customer shall pay all outstanding fees due to the Provider
• Published interactive videos may continue to function during the grace period
• Customer data may be deleted after the retention period

5.1 Prohibited Content

Customers must not create, produce, distribute, or display content that is:

• Illegal under Australian or international law
• Adult, pornographic, or sexually explicit in nature
• Hateful, discriminatory, or promotes violence
• Harassing, threatening, or abusive
• Fraudulent, deceptive, or misleading
• Infringes on intellectual property rights
• Contains malware, viruses, or malicious code

5.2 Prohibited Links and Actions

Interactive hotspots must not link to:

• Phishing sites or scam pages
• Malware distribution sites
• Illegal marketplaces
• Sites hosting prohibited content
• Spam or deceptive advertising

5.3 Extension Usage

Users of the Chrome Extension must not:

• Attempt to reverse engineer or modify the extension code
• Use the extension to inject malicious content
• Circumvent security measures or access restrictions
• Interfere with the proper functioning of YouTube or other services

5.4 Consequences of Violations

Violations of the Acceptable Use Policy may result in:

• Immediate account suspension or termination
• Removal of content without notice
• Reporting to appropriate authorities
• Legal action if warranted

6.1 Customer Content

• The Customer must own or have legal rights to use all videos and assets used in the Service
• The Customer retains all ownership rights to their content and materials
• Assets supplied in the Studio (icons, images, templates) include commercial usage rights

6.2 Provider Intellectual Property

• The Provider owns all copyrights and intellectual property rights in the software, platform, and Service
• The Customer may not reproduce, distribute, or display Provider materials without written permission
• The TouchPoint brand, logo, and trademarks are owned by the Provider

6.3 DMCA Compliance

The Provider respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe content hosted on our Service infringes your copyright, contact us at dmca@touchpoint.video with:

• Description of the copyrighted work
• Location of the infringing content
• Your contact information
• Statement of good faith belief
• Statement under penalty of perjury
• Physical or electronic signature

7.1 Data Collection

The Provider collects and processes the following data:

• Account Information: Email address, payment details, subscription status
• Project Data: Videos, hotspots, settings, and configurations
• Analytics Data: Hotspot clicks, video views, engagement metrics, mouse movements
• Extension Data: Videos watched, hotspots clicked, browser usage statistics

7.2 Use of Data

Collected data is used to:

• Provide and improve the Service
• Generate analytics and engagement reports
• Process payments and manage subscriptions
• Communicate with Customers about their accounts
• Detect and prevent fraud or abuse

7.3 Data Sharing

The Provider does not sell or share Customer data with third parties except:

• Payment processors (PayPal) for transaction processing
• When required by law or legal process
• With Customer's explicit consent

7.4 Data Security

The Provider implements reasonable security measures to protect Customer data, but cannot guarantee absolute security. Customers are responsible for maintaining the confidentiality of their account credentials.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

8.1 Service Availability

The Provider shall not be liable for:

• Service interruptions, downtime, or technical failures
• Loss of data due to technical issues
• Third-party service failures (YouTube, Vimeo, hosting providers)
• Browser or device compatibility issues

8.2 Customer Content

The Provider shall not be liable for:

• Content or materials provided by the Customer
• Links or destinations specified by Customer in hotspots
• Legal issues arising from Customer's content or actions
• Copyright infringement by Customer

8.3 Damages

The Provider shall not be liable for any direct or indirect damages, including but not limited to:

• Lost profits or revenue
• Loss of business or data
• Consequential, incidental, exemplary, or punitive damages
• Claims by third parties

8.4 Maximum Liability

In any event, the Provider's total liability shall not exceed the amount paid by the Customer in the 12 months preceding the claim.

8.5 Beta and Experimental Features

Features marked as "beta," "experimental," or "preview" are provided "as-is" without warranties. The Provider is not liable for issues arising from the use of beta features, including the Chrome Extension during its beta phase.

9.1 Service Provided "As-Is"

The Service is provided "as-is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation

9.2 No Guarantee of Results

The Provider does not guarantee:

• Increased engagement or revenue from interactive videos
• Specific viewer adoption rates of the Chrome Extension
• Compatibility with all devices, browsers, or platforms
• That the Service will meet Customer's specific requirements

The Customer agrees to indemnify, defend, and hold harmless the Provider, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Customer's use of the Service
• Customer's content or materials
• Violation of these Terms and Conditions
• Violation of any laws or third-party rights
• Links or destinations specified in Customer's hotspots

The Provider shall maintain the confidentiality of all information provided by the Customer in connection with the Service. The Provider shall not disclose such information to any third party without the Customer's written permission, except:

• As required by law or legal process
• To service providers necessary for Service operation
• With Customer's explicit consent
• In aggregated, anonymized form for analytics or research

The Provider reserves the right to modify these Terms and Conditions at any time. Changes will be effective upon:

• Posting the updated terms on the website
• Email notification to active Customers (for material changes)
• Continued use of the Service after notification

Customers who do not agree to modified terms may terminate their subscription.

13.1 Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.

13.2 Jurisdiction

The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia for any disputes arising from this agreement.

13.3 Arbitration

Any dispute arising out of this agreement shall be resolved by arbitration in accordance with the rules of the Australian Arbitration Association, unless both parties agree to pursue court litigation.

13.4 Class Action Waiver

Customer agrees to resolve disputes on an individual basis and waives the right to participate in class action lawsuits.

14.1 Entire Agreement

This agreement constitutes the entire agreement between the Provider and the Customer and supersedes all prior agreements or communications, whether oral or written, relating to the Service.

14.2 Modifications

No modification of this agreement shall be binding unless in writing and signed by both parties, except for changes to these Terms as specified in Section 12.

14.3 Severability

If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.4 Waiver

Failure by the Provider to enforce any right or provision shall not constitute a waiver of such right or provision.

14.5 Assignment

Customer may not assign or transfer this agreement without Provider's written consent. Provider may assign this agreement without restriction.

14.6 Force Majeure

Neither party shall be liable for failure to perform due to causes beyond reasonable control, including natural disasters, war, terrorism, labor disputes, or internet/utility failures.

For questions, concerns, or notices regarding these Terms and Conditions, contact:

TouchPoint Video
Victoria, Australia
Email: support@touchpoint.video
DMCA: dmca@touchpoint.video

Acceptance of these terms and conditions shall be deemed to occur upon:

• Creating an account or subscribing to the Service
• Installing or using the Chrome Extension
• Accessing or using any TouchPoint Video service
• Clicking "I Accept" or similar affirmative action

By using TouchPoint Video services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.