Vidably

TERMS OF SERVICE

Effective Date: July 30, 2026

These Terms of Service govern access to and use of Vidably’s websites, applications, filming links, and related services (collectively, the “Services”). The Services are provided by Vidably Inc., a Delaware corporation with offices in San Francisco, California (“Vidably,” “we,” “us,” or “our”).

These Terms apply to businesses that use the Services (“Brands”) and individuals who submit videos through the Services (“Creators”). By accessing or using the Services, you agree to these Terms. If you use the Services for an organization, you represent that you have authority to bind it.

1. Eligibility

You must be at least 18 years old and the age of majority where you live. You may not use the Services if you are legally prohibited from doing so.

2. Brand Accounts

Brands must provide accurate account information, safeguard their credentials, and promptly notify us of suspected unauthorized access. Brands are responsible for activity under their accounts and for the conduct of their personnel and contractors.

Brands must pay the fees and applicable taxes stated in their order or subscription. Except where required by law or expressly agreed otherwise, fees are nonrefundable.

3. The Services

Vidably helps Brands plan video campaigns, provide filming links to their customers, review submitted videos, and download selected videos. Vidably may modify, suspend, or discontinue any part of the Services at any time.

Any incentive associated with a campaign is offered and administered solely by the Brand. Vidably does not promise, provide, verify, or fulfill incentives and is not responsible for disputes concerning them.

4. Brand Responsibilities

Each Brand is solely responsible for:

  1. its products, campaigns, claims, instructions, and incentive programs;
  2. the accuracy and legality of materials it provides through the Services;
  3. its selection, editing, publication, distribution, and other use of videos;
  4. obtaining all notices, consents, and permissions required to contact customers or provide their information to Vidably; and
  5. compliance with CAN-SPAM, privacy laws, advertising laws, endorsement requirements, and all other laws applicable to its customer lists and communications.

Brands send invitations through their own email providers. A Brand represents that it has the right to possess, use, and email every customer list it uses in connection with the Services.

Each Brand is solely responsible for compliance with the Federal Trade Commission’s Endorsement Guides, the Rule on the Use of Consumer Reviews and Testimonials, and other advertising or endorsement laws. This responsibility includes ensuring that incentives are not conditioned on a particular sentiment and that any required disclosures are clear and conspicuous wherever a video appears.

5. Brand Materials

A Brand retains ownership of materials it submits to the Services, excluding Creator videos. The Brand grants Vidably a worldwide, nonexclusive, royalty-free, sublicensable license to host, copy, modify, analyze, display, and otherwise use those materials to provide, secure, improve, and market the Services.

The Brand represents that it has all rights necessary to grant this license.

6. Creator Upload Terms

This Section 6 applies specifically to every Creator who records or uploads a video through a Vidably filming link. By consenting and submitting a video, the Creator agrees to this Section and the remainder of these Terms.

6.1 Honest Review

The Creator represents that the video reflects the Creator’s honest opinions, findings, beliefs, and actual experience with the product. The Creator must not make statements the Creator knows are false or misleading.

6.2 Rights and Permissions

The Creator represents and warrants that:

  1. the Creator owns or controls all rights in the video and may transfer those rights to Vidably;
  2. every person appearing or heard in the video has consented to the recording and the uses permitted by these Terms;
  3. the video does not include music, trademarks, artwork, footage, personal information, or other third-party material unless the Creator has all necessary rights and permissions; and
  4. the video does not violate any law or any person’s privacy, publicity, copyright, trademark, or other rights.

6.3 Assignment of Creator Videos

Upon upload, the Creator irrevocably assigns to Vidably all right, title, and interest in and to the submitted video and its contents, including all copyrights, neighboring rights, publicity rights, and other intellectual property or proprietary rights, throughout the world for the full duration of those rights.

The Creator waives all moral rights and similar rights in the video to the fullest extent permitted by law and agrees not to assert them. The Creator will reasonably assist Vidably in confirming or enforcing these rights.

To the extent any assignment or waiver is ineffective in any jurisdiction, the Creator grants Vidably an exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable license to record, reproduce, edit, adapt, translate, create derivative works from, publish, display, perform, distribute, advertise, commercialize, train on, analyze, and otherwise use and exploit the video, the Creator’s appearance, likeness, image, voice, statements, and performance, in any media or technology, for any purpose.

6.4 No Vidably Compensation Obligation

Vidably owes no payment, royalty, approval right, accounting, or other compensation for a submitted video or its use. Any product, discount, payment, or other incentive offered by a Brand is solely the Brand’s responsibility.

7. Rights Granted to Brands

Vidably grants each Brand a perpetual, irrevocable, worldwide, royalty-free, fully paid, nonexclusive license to use, reproduce, edit, adapt, publish, display, perform, distribute, advertise, and create derivative works from videos Vidably delivers to that Brand.

A Brand may use those videos on websites, product pages, advertisements, social media, retail channels, data feeds, and feeds consumed by AI shopping agents. A Brand may sublicense these rights to its agencies, platforms, distributors, retailers, and other service providers acting for it.

8. Vidably’s Use of Content

Vidably may use Creator videos, Brand materials, campaign information, and resulting data without restriction to operate, provide, secure, improve, evaluate, market, and develop the Services and other products or features. These uses may include artificial intelligence training and evaluation, model improvement, content analysis, generation of derived data, demonstrations, case studies, and marketing of the Services.

This Section concerns rights in content. Vidably’s handling of personal information is described in the Privacy Policy.

9. Acceptable Use

You may not:

  1. violate any law or another person’s rights;
  2. submit unlawful, deceptive, defamatory, obscene, infringing, or harmful content;
  3. upload malware or interfere with the Services;
  4. access the Services through unauthorized automated means;
  5. probe, reverse engineer, or circumvent security or access controls, except where law expressly permits it; or
  6. use the Services to harass, impersonate, exploit, or deceive another person.

Vidably may remove content or restrict access when it reasonably believes these Terms have been violated.

10. Copyright Complaints

Copyright owners may send a notice under the Digital Millennium Copyright Act to Vidably’s designated copyright agent at legal@vidably.com. A notice must include the information required by 17 U.S.C. § 512(c)(3), including identification of the copyrighted work and challenged material, contact information, a good-faith statement, an accuracy and authority statement under penalty of perjury, and a physical or electronic signature.

Vidably may remove challenged material and terminate repeat infringers where appropriate.

11. Third-Party Services

The Services may interoperate with third-party services, including Shopify, email providers, hosting providers, and analytics services. Vidably does not control and is not responsible for third-party services. Their terms and privacy practices apply separately.

12. Termination

A Brand may stop using the Services at any time. Vidably may suspend or terminate access, remove content, or discontinue the Services at any time, with or without cause or notice.

Termination does not affect accrued payment obligations or provisions that by their nature should survive, including ownership, licenses, disclaimers, liability limits, indemnities, and dispute terms.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” VIDABLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RESULTS.

Vidably does not warrant that the Services will be uninterrupted, secure, or error-free, or that any video will be suitable for a Brand’s intended use.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIDABLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES.

VIDABLY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE FEES THE APPLICABLE USER PAID VIDABLY DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

These limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose. They do not apply where prohibited by law.

15. Brand Indemnification

Each Brand will defend, indemnify, and hold harmless Vidably and its officers, directors, employees, affiliates, and agents from claims, damages, losses, liabilities, penalties, judgments, and expenses, including reasonable attorneys’ fees, arising from or relating to:

  1. the Brand’s products, claims, campaigns, or incentive programs;
  2. the Brand’s selection, editing, publication, distribution, or other use of videos;
  3. the Brand’s customer lists, invitations, or failure to obtain required consent to contact customers;
  4. the Brand’s violation of advertising, endorsement, consumer review, email, or privacy laws; or
  5. the Brand’s breach of these Terms or infringement of another person’s rights.

Vidably may control the defense of any indemnified matter. The Brand may not settle a claim in a manner that admits fault by or imposes obligations on Vidably without Vidably’s written consent.

16. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES INDIVIDUAL ARBITRATION AND WAIVES THE RIGHT TO A JURY TRIAL OR CLASS PROCEEDING.

Before starting arbitration, a party must send a written notice describing the dispute and requested relief to the other party. Notices to Vidably must be sent to legal@vidably.com. The parties will attempt in good faith to resolve the dispute for 30 days after receipt.

If the dispute is not resolved, any claim arising out of or relating to the Services or these Terms will be resolved by final and binding individual arbitration administered by JAMS under its applicable rules. The arbitration will be seated in San Francisco, California, and may be conducted remotely. For disputes subject to the JAMS Consumer Arbitration Minimum Standards, those standards will apply.

The arbitrator may award the same individual remedies available in court and will issue a written decision. Judgment may be entered in any court with jurisdiction.

ARBITRATION MAY PROCEED ONLY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.

Either party may bring an eligible individual claim in small claims court. Either party may seek temporary or preliminary injunctive relief in court to prevent actual or threatened infringement, misuse, or unauthorized disclosure of intellectual property or confidential information. Nothing in this Section prevents either party from reporting matters to a government agency.

If the class-action waiver is held unenforceable for a particular claim, that claim must proceed in court and not in arbitration.

17. Governing Law and Venue

California law governs these Terms, without regard to conflict-of-law principles. The Federal Arbitration Act governs the arbitration provision. Any court proceeding permitted under these Terms must be brought exclusively in the state or federal courts located in San Francisco County, California, and each party consents to their jurisdiction.

18. Changes to These Terms

Vidably may modify these Terms. Vidably will provide reasonable notice of material changes through the Services, by email, or by posting an updated version. Changes apply prospectively from the stated effective date. Continued use after the effective date constitutes acceptance.

19. General

You may not assign these Terms without Vidably’s written consent. Vidably may assign them without restriction. These Terms, the Privacy Policy, and any applicable order form constitute the entire agreement concerning the Services and supersede prior agreements on that subject. A failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain effective.

Legal notices to Vidably must be sent to legal@vidably.com.