Terms & Conditions
This is an agreement between you as an individual or the entity you represent (collectively ‘you’ or ‘your’) and GUDSHO, a video first marketing platform. These terms of service govern how you may access and use GUDSHO and its associated services (collectively (“GUDSHO” “we” “us” or “our”).
1. Acceptance of the Agreement
To utilize GUDSHO’s services, you must be of legal age to be eligible for this binding agreement. If you disagree with the General Terms, please refrain from using any of our Services.
Similarly, if you accept the General Terms but disagree with any specific Service Specific Terms, avoid using the corresponding Service. You can signify your acceptance of the Agreement by checking a checkbox, clicking on a button indicating acceptance, or using the Services.
Whether you are a registered user of our platform or not, you consent to abide by these terms when you click on “I AGREE”, “SUBMIT” or any similar indication of acceptance, or by accessing or using our platform, electronically.
This also includes acceptance of the collection and utilization of your information as outlined in our Privacy Policy.
1.1 Account Registration and Access
To use GUDSHO, you must create an account. By registering, you agree to provide accurate and up-to-date information and to maintain the confidentiality of your account credentials.
- Eligibility: You must be at least 18 years old to create an account on GUDSHO.
- Account Responsibility: You are responsible for maintaining the security of your account and all activities under your account. Notify GUDSHO immediately if you suspect any unauthorized use of your account.
- Google API services: The platform may utilize Google APIs to enhance functionality like YouTube Data API. By signing with GUDSHO you agree to abide by Google's API terms of service while using the platform, including limitations on usage and data privacy policies.
1.2 Personal Information Collected from Connected Social Media Accounts
YouTube Integration: GUDSHO may offer the option to link your YouTube channel to your GUDSHO account, which allows us to access specific information related to your account from Google and YouTube. This may include your profile image, display name, profile ID, access tokens and existing videos. Additionally, we may collect analytical data related to your videos and user engagement (such as click rates, likes, re-shares, impressions, and general engagement metrics), as permitted by applicable laws. Rest assured, this information will be solely used by GUDSHO to deliver the Service as intended and will not be shared with any third parties. You can find more details on Google’s Privacy Policy by clicking here. Using the YouTube integration within GUDSHO, you also agree to comply with YouTube's Terms of Service. If you wish to revoke GUDSHO’s access to your YouTube data, you may do so through your Google security settings page.
2. License For Usage & Restrictions
By accepting and complying with this Agreement and meeting the payment requirements stated on the applicable Service detail page on the GUDSHO website, you are granted a limited, non-exclusive, non-transferable, non-sublicense-able rights and license to access the Services in compliance with the terms and conditions herein.
Moreover, you have the right to use "Your Content" by your end users, which encompasses any Application, data, or content you provide to us, make available to end users, or use in connection with the Services.
- You can enable access to Your Content to your end users in compliance with the terms of this Agreement.
- Restricted Uses are not allowed and include interfering with the functionality of the Services, using information obtained through the Services for direct marketing or spamming, altering intellectual property designations, and issuing press releases without written consent.
- Publishing offensive content is strictly prohibited.
- You must not engage in actions that negatively impact GUDSHO, its servers, or other applications using the platform.
- Accessing audiovisual content for any purpose other than marketing, hosting, embedding, sharing and editing is expressly forbidden.
The GUDSHO platform helps businesses create, host, and share videos for marketing purposes. Our services include video hosting, customizable video players, analytics tools, and integrations with other marketing tools.
- Marketing Use: The videos hosted on GUDSHO are for use in marketing campaigns, client communications, websites, and other business-related purposes.
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Branding and Customization: You may customize the video player, branding, and video content to align with your marketing needs.
- Prohibited Content: You may not upload content that is illegal, harmful, or violates third-party intellectual property rights.
3. Terms: Effects & Termination
These Terms shall remain in effect until it is terminated as set forth in this section. Either party may terminate these Terms by written notice at any time, for any reason, or no reason. The Terms will continue in effect for the duration of any Subscription Period.
Termination of these Terms will in turn terminate the license granted hereunder. Upon termination, you must destroy and remove all copies of the Tools and Service from your websites, applications, computers, hard drives, etc. You must stop using all aspects of the Service and certify to the Company that you have done so.
The Company has the right to inspect and audit your websites, applications, and facilities to confirm compliance with termination requirements.
3.1 Term, Termination, and Suspension
The Term of this Agreement commences upon agreement to the terms during the registration process or by clicking "Accept."
You may terminate this Agreement for any reason at your convenience by providing written notice, closing your account, or letting your Free Trial Account expire.
If a Paid Service requires a minimum term, the account will be closed immediately unless specified otherwise.
GUDSHO provides a free trial period, and no refunds will be done for the unused portion already paid or committed to, except for general network outages lasting at least 72 hours.
Termination of Monthly Plans can be requested by logging into your account or contacting support.
Termination of an Event Plan account can be done at any time with no recurring charges.
The Company may suspend or terminate Free Services or Paid Services with notice.
Termination for cause can be effective immediately for certain actions, including denial of service attacks, security risks, fraud, illegal use, and non-payment.
Upon suspension, fees will continue to accrue for Services still in use and all rights to the applicable Services shall be terminated.
Upon termination, you remain liable for all fees and obligations incurred until the termination date, and all rights under the Agreement will immediately terminate.
3.2 Data Preservation in the Event of Suspension or Termination
In the event of suspension (other than for cause), we will not intentionally erase your data during the suspension period.
Data storage charges will continue to accrue during a suspension.
In the event of termination (other than for cause), we will not intentionally erase your data for 30 days after the effective date of termination.
Post-termination data retrieval will be subject to payment of data storage charges, other amounts due, and compliance with retrieval terms.
Except as provided, we have no obligation to store or permit retrieval of your data during suspension or termination.
3.3 Post-Termination Assistance
After suspension or termination, you may be entitled to post-termination assistance generally available for the Services.
The Company may provide unique post-suspension or post-termination assistance at its discretion, but there is no obligation to do so.
Your right to take advantage of such assistance will depend on acceptance and compliance with specified fees and terms.
4. Refund & Cancellation Policy
GUDSHO subscribers purchasing plans directly from GUDSHO can cancel and receive a full refund of their annual subscription purchases within 30 days from the day of purchase and within 3 days after purchasing a monthly plan.
GUDSHO refund policies do not apply to:
- Users who abuse the refund policy (e.g., frequent subscriptions and refund requests)
- Users who seek subscription renewal or migration to other plans
- Other fee payments exclusive of annual or monthly subscription fees will not be refunded by GUDSHO (payment portal charges)
- Late submission of refund requests will not be included in the refund, i.e., if it exceeds 3 days from the day of purchase for a monthly subscription and 1 1-month time period for an annual subscription.
- Breach of the Agreement or Copyright Policy resulting in terminated accounts cannot claim a refund
- Users who joined using a promotion disclaiming our refund policy
- Users who have initiated a chargeback claim
5. Confidentiality
The term "Confidential Information" covers the Tools, User Content, Analytics Data, Service, and any other disclosed information marked as confidential or reasonably considered as such.
- You are obligated to maintain the confidentiality of Information during the agreement's term and for at least three years after its termination.
- Source code received must be kept confidential indefinitely, except for instances allowed by the Company, such as complying with open-source licenses.
- Only employees and agents who have agreed in writing to keep the information confidential may access and use the confidential information for the purposes defined in the Terms.
- Disclosure of Confidential Information to any third party, firm, or corporation without the Company's prior written consent is strictly prohibited.
- In case of any unauthorized use or disclosure of Confidential Information or breach of the Terms, you must inform the Company immediately and cooperate to rectify the situation.
- If you are legally compelled to disclose Confidential Information, you must notify the Company in advance, assert its privileged and confidential nature, and cooperate fully to protect against any unauthorized disclosure.
5.1 Access And Use Of GUDSHO’s Confidential Information:
During the Term with our platform, you shall not disclose any of GUDSHO’s Confidential Information.
GUDSHO Confidential Information includes non-public information about technology, customers, business plans, finances, and discussions between you and GUDSHO.
The confidentiality obligation does not apply to information that becomes publicly available without a breach, information you already knew, information received from a third party not disclosing it wrongfully, or information independently developed by you.
5.2 Exemptions from Confidentiality
You are not bound by a confidentiality obligation for information provided or made available by GUDSHO under this Agreement.
Likewise, GUDSHO has no confidentiality obligation for information, software, data, or content provided by you if it becomes publicly available, was already known, received from a third party without wrongful disclosure, or was independently developed.
5.3 Conflict Resolution with Separate NDA
If you and GUDSHO are parties to a separate non-disclosure agreement (Stand-Alone NDA), and the terms of the Stand-Alone NDA conflict with this section, the Stand-Alone NDA's terms will take precedence.
6. Intellectual Property
Apart from the access restrictions, usage and license limitations outlined in this Agreement, GUDSHO reserves all rights to the title, proprietary rights and intellectual properties including:
- GUDSHO’S services
- Our Properties
- And other technology and software that we use or offer to users
However, by this agreement or otherwise, you don't have any kind of ownership and rights in the services, GUDSHO’s properties and the technologies or software, except for the limited rights described in this Agreement.
6.1 Ownership of Content
- Customer Content: You retain ownership of all videos and content that you upload to the GUDSHO platform. By uploading content, you grant GUDSHO a non-exclusive, worldwide, royalty-free license to host, display, and distribute your videos on the platform for the purposes of providing the service.
- Platform Content: All materials and content created and owned by GUDSHO, including the platform interface, logos, software, and proprietary features, remain the property of GUDSHO.
6.2 License for Marketing
By using the platform, you grant GUDSHO the right to use your content in promotional materials related to the platform, such as case studies, advertisements, or marketing presentations, provided that we credit you as the owner.
6.3 Feedback
In scenarios involving suggestions for improvements of our services, the GUDSHO Properties shall own all rights, title and interest to the feedback without restrictions, even if you've designated them as confidential.
6.4 Non-Assertion
During your active tenure with the Agreement to use our services, you will neither assert, authorize or assist against GUDSHO or any of our customers, partners, licensors, or transferees, nor encourage third parties to be involved in the assertion, patent infringement or claim on intellectual property infringement, with respect to the services.
7. Changes To This Agreement
You agree that we can make changes to this Agreement, terms or policies, at any point of time by updating revisions to this Agreement or on Additional policies on any part of the GUDSHO website.
The changes shall take effect when the following terms are updated in this Agreement:
- changes in the paid services
- privacy policy
- Use Policy
- any service terms
- any terms and conditions related to our services, websites or other properties.
- any inclusion/ changes in the free service
If the revised terms include changes in the Paid services as mentioned earlier,
- it would take 15 days after posting for the changes to take effect
- when we provide a standard operating procedure to affirm your acceptance with a click-through confirmation or confirmation button.
By visiting the GUDSHO website on a regular basis to review the changes in the Terms of Service. However, we will make reasonable efforts to notify you of any material changes to the website.
Your continued use of our platforms, tools or features after the effective date of any changes mentioned in this Agreement will constitute your acceptance and agreement to the modifications.
If you don't agree to these terms, you must cease to use the GUDSHO platform, for termination of the terms.
8. Authorization and License to Use the Services
Access to and use of the Services are granted upon agreement with the terms, compliance with the Agreement, and adherence to payment requirements.
A limited, non-exclusive, non-transferable, non-sublicensable license is given to access and use the Services under the provider's intellectual property rights. Usage must align with the terms and conditions of the Agreement.
8.1 Restricted Usage
- You're prohibited from interfering with the Service's functionality.
- The GUDSHO Properties and information obtained from Services can't be used for direct marketing, spam, or impermissible activities.
- Intellectual property designations on Services and GUDSHO Properties cannot be altered or removed.
- Publicizing your use of Services is allowed, but press releases require prior consent.
- Offensive content, like explicit sexual content or extreme violence, is not allowed on the "Viewer" section of the GUDSHO website.
- On a Free Trial Account, requesting payouts from GUDSHO Merchant Accounts for Subscription and Paid Services is not permitted.
8.2 Accounts and Keys
- A single account can be created per email address unless specified otherwise
- GUDSHO accounts link to public-private key pairs for accessing the service.
- You're accountable for all activities under your Account Identifiers, whether by you or a third party.
- If private keys are lost, stolen, or misused, immediate contact with the provider is required.
- Up-to-date and accurate account information, including contact details, is your responsibility.
- The provider isn't liable for unauthorized access, alteration, or loss of Your Content or data submitted through your account.
8.3 Grant of License; Company Accounts
- If you comply with the Terms, a limited license is granted to access and use the Site, Tools, and Service.
- Integrating APIs and portions of Tools into your websites and applications is allowed for internal business purposes.
- Some portions of the Tools or Services might be subject to open-source license agreements.
- You need the Company's consent for any use of the Tools or Service beyond what is expressly stated in the Terms.
- Use of APIs is limited to their described functions in the provided Documentation.
- Your Company account provides access to the Service, which you can't share without permission.
- You're fully responsible for all activities on your account, including those by users associated with it.
- Accurate and complete information should be provided when creating your account; maintain password security.
- Immediate notification of security breaches or unauthorized account use is required.
- By providing your email address, you confirm your consent to receive Service-related notices and other messages.
- Software to access the Service via mobile devices is provided, subject to compatibility and usage terms.
- Modifications, redistribution, or unauthorized use of Mobile Software is restricted.
- You consent to automatic Mobile Software upgrades and agree to their Terms
- The Mobile Software remains the property of the provider or its partners.
- Comply with United States and foreign laws related to Mobile Software and Service usage.
9. Pricing
9.1 Platform Fees
- To use Paid Services, you agree to pay fees as stated on the GUDSHO Website's Service detail pages.
- You're responsible for fees charged by GUDSHO Payments for transactions using GUDSHO, including third-party processing fees.
- New Service or feature fees are effective upon posting on the GUDSHO Website.
- Check the GUDSHO Website monthly for new fees and effective dates.
- The payment processes on the platform are governed by Indian law.
- Payment method and terms are as specified.
- Pay without setoff or counterclaim, deduction, or withholding.
- Notify and pay additional amounts for required withholding.
- Provide documentation for paid withheld amounts.
9.2 Subscription Plans
GUDSHO offers various subscription plans with different features and levels of access to the platform. Fees for these plans are billed according to the selected plan and billing cycle (monthly or annually).
- Pricing: Pricing for each plan will be clearly stated on the platform. We reserve the right to modify our pricing but will notify users in advance of any changes.
- Payment Processing: Payments for subscription plans are processed through a third-party payment processor (e.g., PayPal, Stripe). You must provide accurate billing information, and you authorize GUDSHO to charge your payment method for the agreed-upon subscription fees.
- Trial Period: Some plans may offer a free trial period. If you decide not to continue after the trial, you must cancel before the trial ends to avoid any charges.
9.3 Taxes
You are responsible for paying any applicable taxes related to your use of GUDSHO, including VAT, sales taxes, and other local taxes.
9.3 Additional Pricing Programs
- We offer free/discounted pricing for Services periodically.
- Follow additional terms/limits specified on the GUDSHO Website.
- Multiple accounts for Free benefits are not allowed; violators will be terminated.
- your unauthorized use of the Services and/or GUDSHO Properties, or your use in violation of the applicable restrictions, policies, and/or laws.
- Any claim involving the infringement or misappropriation of third-party rights, as well as the use, creation, design, production, advertisement, promotion, or marketing of Your Content, or the synthesis of either with content from other applications, procedures
- Any breach of any representations and warranties you have made, as well as any term or condition of this Agreement or any supplementary policies that may be applicable,
- Personnel’s negligence, you or your employees’ or willful misconduct.
10. Prohibited Activities
You agree not to engage in the following activities while using GUDSHO:
- Illegal Activities: Uploading content or using the platform for illegal activities, including the distribution of harmful or offensive materials.
- Abuse or Harassment: Using the platform to harass, defame, or harm others.
- Fraudulent Behavior: Engaging in fraudulent activities, including false advertising or misrepresentation of your business.
We reserve the right to suspend or terminate your account if you engage in any prohibited activities.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of India. Any disputes that arise between you and GUDSHO will be resolved through binding arbitration in accordance with the rules of the Arbitration and Conciliation Act, 1996 (India). The arbitration will be conducted in Chennai, Tamil Nadu, India, and the language of the arbitration will be English.
12. Disclaimers and Limitation of Liability
- No Warranty: GUDSHO makes no representations or warranties regarding the availability, functionality, or accuracy of the platform. We do not guarantee uninterrupted access or error-free service.
- Limitation of Liability: To the fullest extent permitted by law, GUDSHO is not liable for any indirect, incidental, or consequential damages arising from your use of the platform. Our liability is limited to the amount you have paid for the subscription plan in the last 12 months.
13. Downtime, Service Suspensions & Security
Besides our rights to terminate or suspend your services, you acknowledge that: For any reason, including power outages, system failures or other interruptions, your access to our services may be suspended for an unscheduled duration.
On the basis of our services, we shall also be entitled to suspend your access to our services:
- Downtime for scheduled maintenance or changes to our service.
- Events of service denials or attacks or that which may create risk to you, or to any other customers, where service suspension is highly necessary.
- In events where any service is prohibited by law or we find that service suspension is necessary for legal or regulatory reasons.
We highly recommend that you take the following steps, when applicable and suitable:
- Utilize encryption technology to safeguard Your Content against unauthorized access.
- Regularly store copies of Your Content in archives.
- Ensure that your Applications and any associated software used with our Services are kept up to date with the latest security patches or updates.
Please note that we will not be entitled to any unauthorized access or use, data corruption, deletion, destruction, or loss of Your Content or Applications.
If you have any inquiries, talk to our customer support team.