Terms of use

1. Purpose and scope

Clipsify is a Software-as-a-Service (SaaS) online service developed and operated in Quebec, which generates summaries, analyses and transcripts of third-party video content (notably YouTube) from its public audio and text content. These Terms of Use govern the access and use of Clipsify by users acting for professional purposes (B2B) or for personal consumption (B2C).

The Service is provided on a "best efforts" basis. The Publisher undertakes to maintain reasonable availability of the Service, subject to interruptions for scheduled maintenance (with notice where possible) or in the event of force majeure or circumstances beyond its control. No quantified service level agreement (SLA) is provided for standard plans, except under a specific written agreement entered into with Enterprise customers.

2. Account access and security

Access to the Service is granted via a passwordless authentication mechanism ("magic link") sent to the email address provided by the user, or via sign-in with a third-party identity provider ("Sign in with Google"). You are solely responsible for maintaining the confidentiality of your email inbox and any associated Google account, where applicable, as well as for all activities that occur under your account. You must immediately notify the Publisher of any suspected unauthorized use.

3. Acceptable use and restrictions

You agree to use Clipsify in compliance with applicable laws and these terms. You are strictly prohibited from:

• Attempting to bypass, disable, or disrupt the technical limits, quotas, or security measures of the Service.
• Using automated scripts, bots, or web scraping techniques on the Clipsify interface.
• Using the Service to process unlawful, hateful, defamatory content or any material that violates third-party intellectual property rights.

4. Third-party content and liability

Clipsify produces transformative and informational summaries. The Service is not affiliated with, associated with, endorsed by, or sponsored by YouTube, Google, or any other third party. You acknowledge that you are solely responsible for the legality of your access to third-party content and for compliance with the terms of use of the source platforms. The Publisher cannot be held liable for technical changes made by third parties (such as YouTube) that may block or alter Clipsify's functionality.

5. Subscriptions, pricing, and suspension

• Automatic renewal: Paid plans are billed in advance on a recurring periodic basis (monthly or annual) and automatically renew for an identical duration unless cancelled by the user prior to the renewal date via their dashboard.
• Price changes: The Publisher reserves the right to modify rates. A minimum 30-day prior written notice will be emailed to the user. For Quebec consumers (B2C), any price increase during a fixed-term contract is prohibited or strictly regulated under the CPA.
• Payment failure: In the event of a billing failure through our processor Stripe, the Publisher reserves the right to immediately suspend access to the paid features of the Service without notice.

6. Intellectual property and feedback

• Interface and technology: The Clipsify trademark, source code, design, user interface, and algorithms are the exclusive property of the Publisher.
• Input data: You grant the Publisher a worldwide, non-exclusive, royalty-free license to temporarily process the text and audio data required to generate your summaries.
• Output data: The Publisher assigns to you all rights, titles, and interests in the text summaries generated by Clipsify. You are free to use, modify, and publish them, subject to respecting the copyrights of the original videos.
• Feedback: If you provide suggestions or comments to the Publisher, you grant it a worldwide, irrevocable, non-exclusive, royalty-free and perpetual license to use, reproduce, modify, publish and commercially exploit such suggestions, to the extent permitted by applicable law, including moral rights insofar as they are waivable or limited under Quebec law.

7. Disclaimer of warranties (legal warranties preserved)

• For professionals (B2B): The Service is provided "as is" and "as available," without any express or implied warranty of merchantability or fitness for a particular purpose. The Publisher does not warrant that AI-generated summaries will be entirely free of errors, software hallucinations, or inaccuracies.
• For consumers (B2C): Nothing in this clause aims to exclude or limit the legal warranties provided under sections 37 and 38 of the Quebec Consumer Protection Act (warranty of durability and proper operation).

8. Limitation of liability

• General limitation: To the maximum extent permitted by applicable law, the Publisher's total aggregate liability for any direct damages arising out of the Service shall not exceed the amounts actually paid by the user during the twelve (12) months preceding the event giving rise to liability.
• Exclusion of indirect damages: The Publisher shall not be liable for any loss of profits, data, business opportunities, or any consequential or indirect damages.
• Quebec public order: Pursuant to article 1474 of the Civil Code of Québec, the Publisher does not limit its liability for gross or intentional fault, or for bodily injury. Furthermore, if the user is a consumer under the CPA, limitations of liability do not apply to direct damages.

9. Termination and suspension

You may terminate your account at any time via your user profile. The Publisher reserves the right to suspend or terminate your account by right in case of material or repeated breach of these terms, violation of laws, or compromise to system security.

10. Amendments to terms

The Publisher may amend these terms. If you are a consumer (B2C) in Quebec, a 30-day prior written notice detailing the changes and granting you the right to terminate without penalty will be sent. For professional users, continued use of the Service following an update constitutes acceptance of the new terms.

11. Governing law and jurisdiction

This Agreement is governed by, construed and enforced in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein.

Any dispute arising out of this Agreement shall be submitted to the exclusive jurisdiction of the courts sitting in the judicial district of Montreal (or the judicial district of your principal residence if you are a Quebec consumer).

However, for consumers residing in the European Union or in any other jurisdiction where mandatory consumer-protection provisions apply, those mandatory provisions prevail over these terms to the extent required by applicable law. The choice of jurisdiction does not affect consumers' right to bring an action before the courts of their country of residence where the law so permits.

12. Contact

For any questions or technical support: support@clipsify.ai.

13. General provisions

13.1 Severability. If one or more provisions of this Agreement are declared null, invalid or unenforceable by a competent court, the remaining provisions shall remain in full force and effect. The parties undertake to negotiate in good faith the replacement of the invalid provision with a valid provision that most closely approximates the original economic and legal intent.

13.2 Entire agreement. This Agreement (including the Terms of Use, the Privacy Policy and the Refund Policy) constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, representations, warranties or understandings, written or oral, relating to that subject matter.

13.3 Notices. All notices, requests or communications under this Agreement may validly be sent by email to the email address associated with the user's account or to support@clipsify.ai. They are deemed received within twenty-four (24) hours of being sent, unless proven otherwise by the recipient.