Terms and Conditions

EFFECTIVE DATE: January 1, 2025

Welcome to the website (“The Website”) and Service (‘The Service’) of Houston Video LLC. (‘The Company’). Use of and access to the website and the services is subject to your compliance with the following terms. The Company reserves the right to limit or terminate your access to both if you don’t comply.
Acceptance of Terms

Your access to and permission to use the Services are governed by these Terms of Use. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR THE SERVICES. BY ACCESSING AND USING THIS WEBSITE IN ANY WAY YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THIS WEBSITE OR THE SERVICES IN ANY MANNER. These Terms of Use are entered into by and between The Company and you.

Subscription, Registration

To use the Services, you are required to register by establishing a profile. Certain Services are only accessible to you if you pay additional fees. Failure to provide the information requested will result in a failed registration and no access to the Service.

Free Trial

If you register for a free trial of the Service, The Company will make the Service available on a trial basis and free of charge until the earlier of (i) the end of the free trial period or the start date of your subscription to any of the plans offered by The Company (ii) If The Company applies additional terms and conditions on the trial registration Web page, these changes will apply as well. During the free trial period: (i) the Services are provided “as is” and without a warranty of any kind (ii) The Company may suspend, limit, or terminate the Service for any reason at any time without notice, and (iii) The Company will not be liable toward you for damages of any kind related to your use of the Services.

Payment Services

To use the Services, you are required to pay the fees described on the Website by giving your payment method information and agreeing that The Company may charge that payment method a monthly fee until you close your account. The monthly fee is set forth by the individual product/service package you agreed to. The Company may terminate your account or suspend provision of the Services immediately in the event that a monthly charge is rejected by the payment method. The Company reserves the right to modify its billing terms, including payment and deposit requirements, at any time and such modified billing terms will be reflected in an updated version of such terms posted on or linked to from the The Company’s Website or by e-mail notification to you. If you do not consent to such modified terms, you may renegotiate or terminate the program and the associated program terms at any time by providing written notice to The Company within thirty (30) days of such notice. Alternatively you may direct The Company to stop charging your payment method and to close your account. The Company has a typical response time for customer queries via email or telephone of approximately 48 hours.

Fulfillment Policy

Each client service and package is customized and personalized to the individual customer. Service will begin immediately upon contract sign and payment, with terms of fulfillment defined as physical product, digital product, services, consultation, or other deliverable, and timeline of those deliverables based on the contract.

Refunds & Cancellations

Due to personalized labor service and processes incurred to create a unique deliverable for each client, The Company does not provide or offer refunds for any service, product, or package under any circumstances. Company reserves rights to refuse returns at its sole discretion. If you have an issue with your deliverable, please reach out to your account management specialist.

All payment details will are handled by a reliable 3rd party vendor specializing in transactions, providing necessary security, confidentiality and SSL encryption to ensure sensitive data is protected.

Limitations on your use of the The Company’s Services

You agree not to do any of the following: (i) access or use the Services for any purpose other than for your company’s internal business purposes; (ii) permit any third party to access or use the Services, except for Seller who can have access as part of the Support provided in connection with the Plan and the Services; (iii) distribute any data collected by you through the use of the Services to any third party; (iv) access or use the Services not in accordance with these Terms of Use; (v) impersonate any other person or entity, whether actual or fictitious, including impersonating an employee of The Company; (vi) use any data in violation of any applicable law or regulation including, but not limited to, GDPR (the EU General Data Protection Regulation) and those who are protected by it; (vii) attempt to decipher, decompile, disassemble, or reverse engineer any of the Services; (viii) distribute, modify, or copy the Services or pages from the Website; (ix) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols or labels; (x) share or disclose your password with anyone, whether within your organization or otherwise (you are responsible for safeguarding the password, and you agree not to allow any third party to access or use the Services). You agree to immediately notify The Company of any unauthorized use of your password.

The Company respects your desire for privacy. The Company’s Privacy Notice can be found here. By using the Website, you are consenting to the terms of our Privacy Notice. You should particularly read our Privacy Notice and our Cookie Policy if you are an EU resident, because it shows how we comply with GDPR and this is important to you.

Limitation to Third Party Websites

This Website may contain links to third-party sites which are not under the control of The Company and The Company is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply that The Company endorses or accepts any responsibility for the content on such third-party site. Remember that these third-party sites have separate Privacy Notices and Cookie Policies which you should read, particularly if you are an EU resident because they may not have the same level of data protection that you may expect.

Integrations

The Company does not warrant or support Third-Party Products and disclaims all responsibility and liability for these items, their use or their access to the Service, including the modification, deletion, disclosure, or collection of your Data. The Company might add, suspend or disincorporate the use of these third-party integrations at any given moment for any given reason.

Competition

The Services are not available to competitors of The Company, and competitors of The Company are hereby expressly prohibited from using or accessing the Services. Furthermore, by using the Services, you are certifying that you are not a competitor of The Company and that you will not share or otherwise disclose the Services or the data collected through the use of the Services with a competitor of The Company. You further agree that you will not in the future engage in competitive business with The Company.

Taxes

You are responsible for paying all sales and use tax and any other applicable taxes with respect to the purchase, acquisition and use of the Service. You are also responsible for any penalties, and any interest that accrues thereon in connection with the payment of such taxes.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED AS IS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, The Company EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. The Company WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF The Company’S SERVICES. The Company DOES NOT GUARANTEE THE ACCURACY OR VALIDITY OF ANY DATA COLLECTED THROUGH THE USE OF THE SERVICES. The Company SHALL NOT BE RESPONSIBLE FOR YOUR USE OF THE SERVICES OR ANY CHANGES TO OR DISABLEMENT OF THE FUNCTIONALITY OF YOUR WEBSITES THAT MAY OCCUR THROUGH THE USE OF THE SERVICES. The Company DOES NOT CLAIM THAT THE DATA AND INFORMATION YOU OBTAIN THROUGH THE USE OF THE SERVICES WILL BE ACCURATE, TIMELY, COMPLETE, RELIABLE, VALID OR ERROR-FREE. YOU RELY ON THE DATA YOU OBTAIN THROUGH THE USE OF THE SERVICES AT YOUR OWN RISK. YOU HEREBY RELEASE The Company FROM ANY SUCH RESPONSIBILITY OR LIABILITY.

Indemnity

You agree to defend, indemnify, and hold harmless The Company, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal and accounting fees), arising out of (i) your violation of these Terms of Use, and/or (ii) violation of applicable law.

Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of The Company.

Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

Additionally, any content you upload, submit, or otherwise add to your account, must have previously obtained any necessary licenses, rights, consents, and permissions to the use of such Content. As such, you agree that none of the aforementioned content will in any way violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person, business, organization, or entity.

You agree not to hold The Company, responsible for any violations of Third Party intellectual property rights in any Content that you submit, upload, or otherwise add in relation to the Service.

Technology

This is a subscription to access and use of the Service, you acknowledge you are only receiving a limited right to use the Service provided by The Company and that regardless of the use of terms such as “Purchase” “Sale”, “Acquire”, or similar, no ownership rights are being transferred to you or your affiliates. The Company, retains all rights, title and interest of the technology behind the service provided and reserves any license not specifically granted in these Terms.

Contacts Under Sixteen Years Of Age

The Company does not specifically target anyone under the age of sixteen. Persons under the age of sixteen are not permitted to use the Services of The Company.

Termination

The Company reserves the right to terminate your access to the Website and the Services at any time and for any reason, without refund, in its sole discretion, including without limitation, any violation of these Terms of Use, if a user is insulting, threatening, or abusive to our support team, or violates this or other agreements.

Support

We will try to respond to email inquiries within three business days. Priority support is offered on a per user basis and not a per license basis. This means that we limit the amount of support we provide per paid license. Our support offered for Premium is limited to 2 hours of support per incident. We reserve the right to decline further support or to charge for additional support beyond the 2 hours of support. We endeavor to provide you with excellent customer service, but we do not provide support for issues that are not directly related to the The Company’s plugin, such as website configuration, troubleshooting, errors, content, etc.

Payment, term, and delivery

Prices do not include applicable taxes. Each License Term for each product shall begin on the Effective Date and expire on the date and duration terms selected by the user/licensee/customer, plus 2 days, to account for potential timezone confusion, or response time issues. All applicable fees for such renewals will be at The Company’s then-current rates. All services, subscriptions, products, etc will automatically renew in perpetuity using the provided payment method at the end of this date, unless the user cancels the subscription prior to the renewal date.

Refunds and Returns

Except as otherwise stated in these Terms, all fees paid for the Service are non-refundable. In the event Licensee is not satisfied with the product purchased, they can request a full refund within 2 days of the effective date of the initial license term. If Licensee terminates more than 3 days after the Effective Date of the initial License Term, Licensee will not be entitled to a refund of any portion of the Fees and Licensee’s access to the product/service will be terminated immediately.

Free Products/Services Licenses
Free product/services/advisory is offered at no cost. Notwithstanding any other provision of this Agreement, the Free version is provided “AS IS” without warranty or support of any kind, express or implied. The Company may terminate Licensee’s access to any free product at any time for any reason and without liability of any kind. IF LICENSEE SUBSEQUENTLY PURCHASE A SUBSCRIPTION TO PAID SERVICE, LICENSEE’S ACCESS TO FREE SERVICE SHALL IMMEDIATELY TERMINATE AND LICENSEE EXPRESSLY AGREES THAT, UNLESS LICENSEE HAS A SEPARATE SIGNED AGREEMENT GOVERNING LICENSEE’S ACCESS TO AND USE OF THE FREE SERVICE, THIS AGREEMENT, AND THE TERMS AND CONDITIONS HEREIN, SHALL GOVERN LICENSEE’S USE OF THE PAID SERVICE.

Electronic Delivery.

The Company, and all related documents, communications, documentation, shall be delivered by electronic means. Fulfillment by The Company shall be deemed delivered when it is made available for download by Licensee.

COPYRIGHT NOTICE: Copyright © The Company Insights, Inc. All Rights Reserved. The Company and website and product names are trademarks of The Company. All other trademarks, trade names, service marks, content, creative, service names are the property of their respective holders.

Waiver And Limitation Of Liability

YOU AGREE THAT The Company, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY USER OF YOUR ACCOUNT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE WEBSITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THE USE OR MISUSE OF THE WEBSITE, PRODUCTS, OR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST 60 DAYS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Severability And Survival

Should any part of these terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any content or Services are in conflict or inconsistent with these terms, these terms will take precedence. Our failure to enforce any provision of these terms will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under these terms will survive any termination of these terms.

General Information

Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration will be conducted in Houston Texas, USA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Houston Texas, USA necessary to protect our or your rights or property pending the completion of arbitration. Customer will bear the arbitration fees and costs.

This Agreement will be treated as if it were executed and performed in Houston Texas and will be governed by and construed in accordance with the laws of the state of Texas without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Modification Of Terms Of Use

We reserve the right to change these Terms and Conditions at any time. Changes and updates will be posted on our website. To stay up to date on updates and changes, we recommend those customers, users, or page visitors to set up a personalized Google update monitor. Due to the fast paced nature of evolving technology, services, offerings, pricing etc, updates to Terms and Conditions will apply retroactively, for any update, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.

Questions or complaints can be submitted in writing to The Company Insights by email at support at houstonvideo dot com.