Terms of service

OVERVIEW

This website and the platform app.sweetspot.video is operated by Sweetspot Video AG with its registered office in Zurich, Switzerland. Throughout the site, the terms "Sweetspot", "Sweetspot.video", "we", "us" and "our" refer to the company Sweetspot Video AG. Sweetspot.video offers this website and platform, including all information, tools and services available to you as a user on this website, conditioned on your acceptance of all terms, conditions, policies and notices set out here. The Purpose of Sweetspot Platform is to connect businesses (“Brands”) with creators of User Generated Content (UGC) (“Creator”) and facilitate the sale of video ads for social media. Brands and creators are collectively referred to as "User" or "You" in these Terms of Service. By visiting our website, registering on our platform, or purchasing anything from us, you are participating in our "Service" and agreeing to the following To be bound by the Terms and Conditions (“Terms of Use”, “Terms”), including such additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Use apply to all users of the Website, including but not limited to users who are browsers, providers, customers, creators and/or content contributors. Please read these Terms of Use carefully before accessing or using our Website . By accessing or using any part of the website, you agree to be bound by these Terms of Use. If you do not agree to all of the terms of this Agreement, do not access the Site or use the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current platform will also be subject to the Terms of Service. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website and platform. It is your responsibility to periodically check this page for changes. Your continued use of or access to the Website and Platform following the posting of changes constitutes acceptance of those changes. Our website https://sweetspot.video is hosted by Shopify Inc. They provide us with a solution to serve you pages with static content. Our platform https://app.sweetspot.video is hosted on Bubble Group Inc.

SECTION 1 - GENERAL TERMS

By agreeing to these Terms of Use, you represent that you are at least the age of majority (18 years old).
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A Violation or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - Registration on the Sweetspot Platform

2.1 Account Creation and Registration

In order to use the Sweetspot Platform, users must register an account through the Platform as described in these Terms of Use.

2.2 Right to Refuse or Terminate

Sweetspot reserves the right, in its sole discretion, to refuse or cancel account registration for any reason. Particularly in cases of:

a) violations of these Terms of Use,
b) misuse of the platform or unethical behavior,
c) providing false information.

2.3 Accuracy and Timeliness of Information

• The information provided during registration must be accurate, up-to-date, and complete. Changes to contact details or other relevant information must be updated without delay.
• Incomplete or incorrect registrations may be rejected by Sweetspot.
• Users must log in to their account as needed each time they use the Sweetspot platform. Unauthorized use of another person’s account is strictly prohibited.

2.4 Responsibility for Account Information

Users are responsible for:

• Keeping their account information confidential.
• Ensuring that no unauthorized use of their account occurs.

Duty to Report: Users must promptly inform Sweetspot of any unauthorized account use or security breaches.

Disclaimer of Liability: Sweetspot is not liable for any losses or damages resulting from non-compliance with these provisions.

2.5 Actions in Case of Violations and Misuse

Sweetspot reserves the right to restrict a user account and/or access to the platform at any time if there is suspicion that the user is misusing the platform, violating these Terms of Use, or engaging in unethical or illegal behavior.

Sweetspot may also take additional actions, such as:

• Temporary suspension of the account,
• Permanent termination of access to the platform,
• Warnings or notifications to the user.

2.6 Prohibition of Automated Account Creation

The use of automated software or other means to create multiple accounts is strictly prohibited.

Sweetspot reserves the right to review accounts and suspend or terminate them if such activities are suspected.

Users who violate this policy may be permanently banned from the platform.

Section 3 - Use of the Sweetspot Platform

3.1 Responsibilities of the Brand

The brand is responsible for:

a) Providing a clear task description and relevant products or services for content production.

b) Reviewing and approving received UGC content within a reasonable timeframe (maximum 7 days).

c) Completing the order and providing the necessary information for delivery.

d) Giving feedback on delivered videos or requesting adjustments within 7 days. If no feedback or adjustment requests are made within this timeframe, the order will automatically close on the 8th day and be considered complete.

e) Tracking Number Requirement: The brand must provide a valid tracking number when shipping products. Without a tracking number, Sweetspot cannot monitor the order or ensure compliance with deadlines.

3.2 Responsibilities of the Creator

Creators are responsible for:

a) Providing accurate personal data necessary for fulfilling the order.

b) Responding promptly to received orders and adhering strictly to the task description.

c) Delivering content on time and in accordance with the approved script or briefing.

3.3 Video Delivery and Refunds

Creators must deliver product video ads within 7 days after receiving the product and script approval.

• If a creator is waiting for responses from the brand, the delivery time will be extended accordingly.
• Mandatory Video Upload Process: Videos must be uploaded via the designated upload field under "Video Delivery." Failure to do so may delay the automatic approval and payment process, for which Sweetspot cannot guarantee timely payouts.

Non-Performance by the Creator:

a) If the creator receives the product but fails to respond or deliver the agreed content, Sweetspot accepts no liability for damages or losses incurred.

b) Any claims arising from non-performance must be resolved directly between the brand and the creator. Sweetspot acts solely as a mediation platform and has no legal obligation to provide compensation.

Refunds:

a) If the agreed delivery timeframe of 7 days is not met, the brand may request a full refund. In such cases, the creator will not receive payment unless an alternate delivery timeframe has been mutually agreed upon.

b) If the creator only partially meets the requirements, Sweetspot reserves the right to issue a partial refund as compensation.

Refund Condition: The brand must provide proof of delivery (e.g., tracking number) for product-related orders.

Unforeseen Circumstances (e.g., Force Majeure): Sweetspot reserves the right to adjust delivery timelines. Brands and creators will be notified accordingly.

3.4 Video Script and Adjustments
After the order is placed, the creator must prepare a video script within 72 hours and submit it to the brand for approval. Production will begin only after script approval.

Post-Production Adjustments:

a) Brand Requests: If the brand requests changes that contradict the approved script or briefing, the creator is entitled to additional payment for the extra work.

b) Creator Errors: If the creator fails to correctly implement the script or briefing, they must make the necessary adjustments at no additional cost until the requirements are fully met.

3.5 Compliance with Laws and Platform Policies

Users (brands and creators) must comply with all applicable laws and regulations when using the platform.

Sweetspot reserves the right to remove or edit content that violates platform policies at its sole discretion.

3.6 Rejection of Work

Sweetspot reserves the right to reject work from creators if it does not meet the briefing requirements or platform standards.

3.7 Usage Rights for Marketing Purposes

Sweetspot may use the content (UGC videos, images) created or uploaded on the platform, as well as the names of brands and creators, for its own marketing purposes.
This includes use in:

a) Social media channels,
b) Marketing materials and presentations,
c) Case studies and references on the platform.

3.8 Price Changes

Creators can change their prices at any time. Changes apply only to new orders and will be displayed to the brand before booking.

3.9 Platform Changes or Discontinuation

Sweetspot reserves the right to modify or discontinue the service or parts of it without prior notice.

Disclaimer of Liability: Sweetspot is not liable for damages resulting from changes or discontinuation of the platform.

3.10 VAT and Reverse Charge
For customers in Switzerland, Sweetspot charges 8.1% VAT.
For customers in other countries, the reverse charge mechanism applies (shifting the tax liability to the buyer).

Section 4 - Additional Terms for Creators

4.5 Independence of Creators

Creators act as independent contractors and provide their services in their own name. There is explicitly no employment relationship between Sweetspot and the creators.

Creators are solely responsible for their tax and social security classification and for paying the respective contributions. Sweetspot assumes no responsibility or liability in this regard.

Sweetspot does not verify or monitor whether a creator’s activity on the platform represents their sole source of income. Creators are required to organize their activities in such a way that no false self-employment arises.

4.6 Obligation of Creators to Ensure Responsibility

Creators are obligated to ensure that their activity on the Sweetspot platform does not exhibit characteristics of false self-employment. This includes, in particular, having additional clients or regularly accepting new assignments outside the platform.

4.7 Liability Disclaimer for Sweetspot

Sweetspot assumes no liability for the tax or social security classification of creators. If a creator is classified as falsely self-employed by a relevant authority, this is solely the responsibility of the creator.

4.8 Usage Rights

Transfer of Rights to the Brand
Upon delivery of the accepted content (videos or UGC images), the creator grants the brand the following rights:

• A worldwide, non-exclusive, sublicensable, transferable, and royalty-free right of use.
• The right to reproduce, publish, and publicly display the content.
• The right to limited editing of the content, as permitted under the terms and conditions.
• The right to use the content for marketing and advertising purposes, as per the agreements in Section 3.2.

Restrictions on Usage Rights

• TV and Digital Out-of-Home: Usage rights for TV and digital out-of-home (DOOH) are excluded but can be acquired separately through individual agreements between the creator and the brand.
• Finished Video Ads: Brands may use and publish finished video ads, but they are not allowed to alter or modify them. Alterations include any changes to the structure or content of the video, such as cutting or combining it with other video sequences.
  
  Notwithstanding the above, brands are allowed to independently add subtitles, callouts, call-to-action elements, background music, and visual effects, provided that such additions do not alter the fundamental integrity and messaging of the original video.
  
• Raw Footage: If raw footage is booked, brands are allowed to cut, shorten, or combine it with other sequences that were not created by the creator. The brand must respect the creator's moral rights when editing raw footage, particularly ensuring the protection against disfiguring alterations of the work.

Use of UGC Images

• The brand receives a worldwide, non-exclusive, sublicensable, and transferable right of use for booked UGC images.
• This right includes reproduction, publication, and public display of the images for marketing and advertising purposes unless otherwise agreed.
• Brands may crop, scale, add text, or adjust the colors of UGC images, provided the original message of the image is not distorted.

Third-Party Content and Music

• The creator guarantees that all delivered content, including music or third-party materials used, is free of third-party rights or that appropriate licenses are in place.
• The creator assumes full liability for any legal violations.
• In case of legal infringements, the creator indemnifies the brand and Sweetspot from all third-party claims and agrees to fully hold them harmless.

Moral Rights

The creator retains their moral rights to the delivered content. The brand agrees not to edit the content in a way that alters its original character or message.

Delivery Deadlines and Rectification Period

If the creator fails to deliver the video on time or in accordance with the agreed requirements, the brand has the right to set a reasonable rectification period. If the creator does not comply within this timeframe, the brand may withdraw from the order.

Liability for Edited Content

The brand assumes full responsibility for any content that has been subsequently edited or modified. This includes, in particular, any statements that may become misleading due to edits, such as omissions or additions.

Usage Duration

The granted usage rights are valid indefinitely unless explicitly limited by agreement.

Sweetspot reserves the right to use the content for its own marketing and advertising purposes.

 

4.9 Job Posts and Custom Content Jobs

Applications for Job Posts

Creators can apply for job posts by offering their standard rates (for UGC ads) or customized fees (for custom job posts), along with their Sweetspot profile and an individualized application text.

Custom Content Jobs

Creators can respond to custom job posts by:

a) Submitting flexible proposals with an individualized budget and specific delivery deadline.
b) Offering diverse content creation services, including creative concepts, on-site shoots, or video editing.

Prohibition on Sharing Contact Information

Creators are prohibited from sharing private contact information, portfolio links, or social media accounts in their applications.
Violation of this rule may result in a warning, account suspension, or deactivation.

Compliance with Deadlines and Requirements

Creators are obligated to adhere to the deadlines and conditions specified in their application.
In the case of non-compliance, Sweetspot reserves the right to take actions such as rejecting the work or reclaiming paid compensation.

Platform Monitoring and Moderation

Sweetspot reserves the right to:

a) Review job applications.
b) Warn, suspend, or deactivate creators who violate platform rules.


4.10 Removal of Creator Profile

Sweetspot reserves the right to remove any creator profile from the platform at any time without prior notice.

Creators may request to be removed from the Sweetspot platform at any time, provided all pending orders are completed or canceled.

Creators can also request that their active profile is unpublished at any time.

4.11 Tax Declaration by Creators

Creators are responsible for paying all direct or indirect taxes, including VAT and income tax, applicable to them based on their place of residence or location. Creators guarantee compliance with all income tax obligations in their jurisdiction at all times.

The prices set by creators and displayed on all platform pages must include all applicable taxes and fees for which the creator is liable.

If, for example, due to tax regulations, a creator prefers to return received products to the brand, the brand must allow this. In such cases, the creator will bear the shipping costs for the return.

Section 5 - Additional Terms for Brands

5.1 Registering a Brand Account

In order to register a Brand Account on the Sweetspot platform, the Brand must provide the required personal information, including full name, email address, brand name and website information. For the creation of a Brand accounts are not charged.

5.2 Terms of payment

An order consists of the displayed creator fee for the selected package of ad variations and an additional service fee that is depending on the selected brand currency.

All fees for approved Tasks are billed to the brand via the payment service provider Stripe. Any available payment method offered by Stripe may be used. Sweetspot or Stripe do not charge a credit card fee or other additional payment fees. Brands may request an invoice for the order at any time after the order is placed. Sweetspot reserves the right to cancel any order for any reason refuse refund of the amount paid or revocation of authorization.

5.3 Sweetspot Subscription Agreement

5.3.1 Subscription Options and Billing

Brands may opt for a subscription through the account settings section, selecting between monthly or yearly billing cycles. The subscription fee, dependent on the brand’s currency, is displayed within the account section. Please note, subscription prices are subject to change in the future. Existing subscriptions are not affected by price adjustments.

5.3.2 Subscription Services and Benefits

With a Sweetspot subscription, brands can communicate with creators via the platform chat before booking.

For brands with an active subscription, Sweetspot waives the standard service fee for all bookings made through the platform. Brands without an active subscription are subject to a service fee at checkout, the amount of which depends on the brand's currency and may change in the future.

5.3.3 Trial Subscription

Upon first registration, brands receive a 30-day trial subscription free of charge. During the trial period, brands benefit from the subscription's advantages at no cost. After the trial period ends, the subscription is automatically terminated, and it will not transition into a paid subscription.

5.3.4 Cancellation and Automatic Renewal

Subscriptions can be canceled via the account settings, with a 24-hour notice period before the automatic renewal of the subscription. The applicable time zone is Central European Time (CET).

Cancellation is executed by deactivating the subscription in the Sweetspot account at app.sweetspot.video/app/account. After cancellation, brands retain access to subscription benefits until the end of the current paid billing cycle.

5.3.5 Right of Withdrawal from Subscription

Brands have the right to withdraw from a newly purchased subscription within three days of activation, provided that:

No purchases benefiting from the subscription's waived service fee have been made.
No communication with creators has been initiated via the subscription's chat feature, and its resulting benefits have not been used. Any written exchange before booking qualifies as chat usage once recorded in the system.

Sweetspot can provide proof of chat usage upon withdrawal requests.
To initiate a withdrawal, brands must contact Sweetspot customer support in writing via email at [email protected] within the specified timeframe.

5.3.6 Changes to Subscription Terms

Sweetspot reserves the right to modify subscription terms, including fees and services offered, with prior notice to all subscribed brands. Continued use of the subscription service after such changes constitutes acceptance of the new terms.

5.4 Chat Usage Policy

5.4.1 General Rules for Chat Usage

The chat feature on the Sweetspot platform is exclusively for communication between brands and creators regarding bookings and projects.

Sharing or requesting private contact information (e.g., phone numbers, email addresses, or social media accounts) is strictly prohibited. Violations may lead to account suspension or other legal actions.

Chat content is regularly monitored by Sweetspot to identify violations of these terms.
Sweetspot reserves the right to claim damages in cases of repeated violations.

5.4.2 Pre-Booking Chat

The pre-booking chat allows brands and creators to clarify project details and offers.

Only project, service, and condition-related information may be exchanged. All agreements must remain within the Sweetspot platform.
Violations of this rule may result in chat suspension or account deactivation.

5.4.3 Post-Booking Chat

The post-booking chat is used for detailed project coordination, such as script creation, video approvals, or revision requests.

Sharing private contact information remains prohibited in the post-booking chat.
All agreements, modifications, or approvals made in the chat are binding and documented. Brands and creators are responsible for transparent communication throughout the project.

5.4.4 Disclaimer for Chat Content

Sweetspot is not liable for the content, agreements, or arrangements made within the chat between brands and creators. Chat usage is at the users' own risk.
The parties are responsible for ensuring that agreements made in the chat do not violate third-party rights or legal regulations.

5.5 Job Posts on Sweetspot

5.5.1 Job Posts for UGC Ads

Brands can create job posts specifying:

a) Product selection, video length, and ad format.
b) Clear and complete requirements, which must be described in the job post.

Fixed prices: Brands will receive applications with standard rates set by creators in their profiles.

5.5.2 Custom Content Jobs

Brands can create custom content jobs to meet specific requirements, such as:

a) Flexible proposals from creators with individualized budgets and delivery timelines.
b) Diverse content creation services, including creative concepts, on-site shoots, or video editing.

5.5.3 Prohibition on Publishing Contact Information

Brands are prohibited from publishing private contact information (e.g., phone numbers, email addresses, or social media accounts) in job posts. Violations may result in account suspension.

5.5.4 Adjustment of Job Descriptions

Sweetspot reserves the right to review and adjust job descriptions if they violate platform policies or are unclear.

5.5.5 Responsibility for Content

Brands are responsible for providing clear and realistic requirements in their job posts.

5.6 Sweetspot Marketing Purposes

Sweetspot may use brand names, logos, and video ads produced by creators on the platform, or parts thereof, for its own marketing purposes. This includes marketing activities on the Sweetspot website, platform, and all its marketing channels.

Brands can request the removal of their content from marketing use at any time. Content will be removed from all channels within one week of the request.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household or per organization. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders with the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit any orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors. You agree to provide true, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third party tools over which we do not monitor, control or influence. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind kind and grant without approval. We have no liability whatsoever arising out of or in connection with your use of any optional third party tools. Any use of any optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and agree to the terms on which tools are provided by the relevant third party. We may also offer new services and/or features through the website in the future (including the release of new tools and resources). These new features and/or services are also subject to these Terms of Use.

SECTION 8 - THIRD PARTY LINKS

Certain content, products and services available through our Service may contain third-party materials. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and shall not have any liability or responsibility for any third-party materials or websites, or for any other third-party materials, products or services. We shall not be liable for any harm or damages in connection therewith with the purchase or use of any goods, services, resources, content or other transactions made in connection with third-party websites. Please read the third party's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding Third Party Products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

When you send certain specific Submissions (such as contest entries) at our request or without a request from us, you are submitting creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or on otherwise (collectively, "Comments"), you agree that we may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments you submit to us at any time without restriction. We are not and will not be obligated to (1) keep any Comments confidential; (2) to pay compensation for comments; or (3) to respond to comments. We may, but have no obligation, to monitor, edit, or remove any Content that we, in our sole discretion, determine to be unlawful, objectionable, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms of Service. You agree that your Comments will not violate any right of any third party, including any copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate yourself, or mislead us or third parties as to the origin of any Comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the shop is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our website or service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping costs, durations, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as outlined in these Terms of Use, you are prohibited from using the website or its content:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, regional, state, or local regulations, rules, laws, or ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Sweetspot Video AG, Sweetspot.video, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Where liability limitations are restricted by law, our liability shall in any case be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sweetspot Video AG, Sweetspot.video, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or when you cease using our website.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly, we may deny you access to our services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or in respect to the service constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW AND JURISDICTION

These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Switzerland (excluding conflict-of-law provisions).

For all disputes arising out of or in connection with these Terms of Use or the use of our platform, the exclusive place of jurisdiction, to the extent permitted by law, shall be the registered office of Sweetspot Video AG.

SECTION 19 – CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time on this page.

We reserve the right to update, change, or replace any part of these Terms of Use at our sole discretion by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Use should be sent to [email protected].