Terms of Use

These Terms of Use (“Terms”) are a binding agreement between you and VidUP (“VidUP,” “we,” “us,” or “our”) governing access to and use of VidUP’s websites (including vidup.co and play.vidup.co), progressive web app, native apps, player links, and related services (the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract to use the Service. If you use VidUP on behalf of a business, you represent that you have authority to bind that business, and “you” includes that business.

2. The Service

VidUP provides one permanent player URL per account. You may paste it on webpages you control. Uploading a new take replaces the video at that URL. Plans limit maximum take length (Free 10s, Basic 29s, VID30 59s). “Unlimited Uploads” means you may replace the video on your player as often as the Service allows — not unlimited storage of every past take as a library, and not a guarantee of archival history.

We may modify, suspend, or discontinue features with or without notice. We do not guarantee uninterrupted or error-free operation.

3. Accounts

You are responsible for your login credentials and for all activity under your account. Keep your password confidential and notify us promptly of unauthorized use at hello@vidup.co. We may suspend or terminate accounts that violate these Terms, create risk, or threaten the Service or other users.

4. Your Content — ownership and license

You retain ownership of every video, recording, clip, caption, and related material you create or upload (“Your Content”). Nothing in these Terms transfers ownership of Your Content to us.

To operate the Service, you grant VidUP a worldwide, non-exclusive, royalty-free, sublicensable (only to our infrastructure providers) license to host, store, encode, transcode, process, transmit, publicly perform, display, and distribute Your Content solely as needed to provide the player, replacements, embeds, Help features, and related Service functions you use. That license ends for a given take when you delete it or close your account, except for (a) reasonable residual copies in backups or logs purged on a rolling basis, and (b) copies third parties made from a public player link while it was live.

Your permanent player URL may be viewed by anyone who has the link. When you upload a new take, it replaces the video served at that URL everywhere the link is used.

5. Your representations

You represent and warrant that: (a) you own Your Content or have all rights, licenses, consents, and permissions needed to upload it and to grant the license above; (b) Your Content does not infringe copyright, trademark, trade secret, privacy, publicity, or other rights; (c) you have obtained any required consent from people who appear or speak in recordings; (d) Your Content and your use of the Service comply with applicable law and these Terms; and (e) you will not upload malware or attempt to disrupt the Service.

6. Acceptable use

You will not, and will not allow others to:

• Upload or promote illegal, harmful, fraudulent, defamatory, harassing, or infringing content;
• Violate others’ intellectual property, privacy, or publicity rights;
• Attempt unauthorized access, scrape in a way that burdens the Service, probe vulnerabilities, or overload infrastructure;
• Interfere with or reverse engineer non-public parts of the Service except as allowed by law;
• Misrepresent your identity or affiliation in a fraudulent way, or use VidUP to run scams;
• Use the Service where prohibited by law or export controls.

We may remove or disable Your Content, or suspend access, if we reasonably believe it violates these Terms, law, or a valid rights complaint.

7. Our intellectual property

The Service, including software, design, text, graphics, logos, the VidUP name and marks, and documentation, is owned by VidUP or its licensors and is protected by intellectual property laws. VidUP is protected by U.S. Patent Nos. 10,349,115; 11,381,616; and 12,323,480. These Terms do not grant you any right to use our patents, trademarks, or branding except as needed to display a standard VidUP player embed you obtain through the Service. You may not remove proprietary notices from the Service.

8. Plans, trials, and payments

Free plan features may change. Paid plans and trials purchased through the Apple App Store or Google Play are billed, managed, and refunded under those stores’ rules and your store account agreement. We do not control store refunds. Taxes may apply as determined by the store. Web “Get the app” may open the installable PWA until native store listings are live.

9. Copyright complaints

If you believe content on the Service infringes your copyright, send a notice to hello@vidup.co with: (1) your contact information; (2) a description of the work claimed infringed; (3) the URL or player code where the material appears; (4) a statement that you have a good-faith belief the use is not authorized; (5) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act; and (6) your physical or electronic signature. We may remove or disable alleged infringing material and, where appropriate, terminate repeat infringers.

10. Third-party services

The Service may link to or interoperate with third-party sites, stores, and embed hosts. We are not responsible for third-party content, terms, or practices. Your use of third-party services is at your own risk.

11. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT YOUR CONTENT WILL NEVER BE LOST OR CORRUPTED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS; IN THOSE PLACES, WARRANTIES ARE LIMITED TO THE MINIMUM REQUIRED BY LAW.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIDUP AND ITS OPERATORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO VIDUP FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) FIFTY U.S. DOLLARS (US$50). THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SURVIVE TERMINATION.

13. Indemnity

You will defend, indemnify, and hold harmless VidUP and its operators, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Your Content; (b) your use of the Service; (c) your breach of these Terms or of law; or (d) your infringement or violation of any third-party right.

14. Termination

You may stop using the Service and request account closure at any time by contacting hello@vidup.co. We may suspend or terminate access immediately for violation of these Terms, risk to the Service, non-payment via the stores, or as required by law. Sections that by their nature should survive (including ownership, licenses that must wind down, disclaimers, limitations, indemnity, and governing law) will survive termination.

15. Changes to these Terms

We may update these Terms by posting a revised version with a new “Last updated” date. Material changes may also be noted in-product or by email when appropriate. If you continue using the Service after changes take effect, you accept the updated Terms. If you do not agree, stop using the Service and close your account.

16. Governing law and disputes

These Terms are governed by the laws of the State of Arizona, USA, without regard to conflict-of-law rules. Exclusive venue for disputes that are not required to be arbitrated or heard in small-claims court lies in the state or federal courts located in Maricopa County, Arizona, and you consent to personal jurisdiction there — except where prohibited by law (including consumer protections that require another venue). Nothing in these Terms limits rights you cannot waive under applicable consumer law.

17. Apple App Store notice

If you obtain the app through Apple, you acknowledge that these Terms are between you and VidUP only, not Apple, and that Apple has no obligation to provide maintenance or support for the app. To the extent any warranty applies and is not effectively disclaimed, Apple’s sole obligation is refund of the app purchase price (if any) as required by Apple’s terms. Apple is not responsible for addressing claims relating to the app or your possession/use of it, including product liability, legal compliance, or consumer protection claims, or claims that the app infringes third-party IP. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as they relate to your license to the app, and may enforce them against you. You represent that you are not in a country subject to a U.S. Government embargo or designated as supporting terrorism, and that you are not listed on any U.S. Government prohibited or restricted party list.

18. Miscellaneous

These Terms are the entire agreement between you and VidUP regarding the Service and supersede prior agreements on that subject. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Headings are for convenience only. “Including” means “including without limitation.”

19. Contact

hello@vidup.co · Help · FAQ

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