Terms of Use
Version 1.6
1.1 “Riveo” is a mobile software Application by Forge and Form GmbH, Ebersstraße 32, 10827 Berlin, Germany, (hereinafter referred to as "Us", "We" or "the Company").
1.2 These Terms of Use regulate the relationship between Us and the User of the Application (hereinafter referred as “User” or “Users”).
2.1 Our mobile software Application Riveo (hereinafter also referred to as “App” or “Application”) is a video editor. The App allows the User to compile music, images, text, and effects etc. into video collages and/or image compositions. Any content created, published or shared by the User within the App, including but not limited to creations, pictures, captions, collages, recordings (hereinafter referred to as "User Content"), can be reproduced and shared with others if given the User's consent. Other Users will then be able to interact with the User's User Content, and to download it, edit it, and create new User Content from it.
2.2 The use of the App requires an Apple iPhone or iPad with a recent version of its respective operating system and Internet access.
2.3 By purchasing and/or using the Application, the User accepts the Terms of Use as laid out herein. If the User does not agree with the provisions set out in these Terms, the User may not use the App.
2.4 We strive to adequately maintain and enhance our offer as well as ensure its availability. It is continuously being developed further and, after proper consideration, adjusted based on appropriate consideration of different factors, such as perceived user need, market requirements as well as technical and economic considerations. The offer therefore covers the Application in its current form and stage of development. The User has no right to demand that the offer remains unchanged in terms of its content, scope or that it retains certain functionality. The User is not guaranteed uninterrupted availability, access to the App or that it be free from errors and faults. Nevertheless, We strive for continuous availability and the stable functioning of the App.
2.5 We can not ensure that the Application will work equally well on all devices. General usability depends on circumstances which we cannot influence (the User's hardware, data speed, the services of third parties, etc.).
2.6 We reserve the right to no longer make the software, or parts thereof, available.
2.7 The User is aware that use of the App affects the battery charge, performance of the User’s device and will consume cellular data.
2.8 The User will refrain from any activity which affects or may affect the functionality of our App and/or offer (e.g. by means of software or other).
3.1 The basic version of the App can be used free of charge.
3.2 Functionality beyond the basic version of the App ("pro") is made available after acquiring a paid subscription or a one-time purchase. Cost, coverage of unlocked functionality and duration of the various purchasing options are shown within the App.
3.3 We reserve the right to modify, remove or add paid functionality to the App. Any purchase to unlock functionality, be it a subscription or one-time purchase, grants the User the right to make use of functionality as it exists at the time the User is using the App. We do not guarantee the availability of any feature set past or present or that a subscription or one-time purchase offers access to all paid functionality of the App.
3.4 Some features of the App may be subject to rate of usage limitations in order to ensure the best experience for a wide variety of users ("rate-restricted features"). Such limitations may fluctuate, be imposed or lifted at any time. A subscription or one time purchase to unlock features in the App does not guarantee that these rate-restricted features will be available at all times to the User.
3.5 We reserve the right to add additional functionality that may not be covered by existing subscriptions or one-time purchases and will require one or several additional purchases to access. We further reserve the right to offer purchases for increasing access to rate-restricted features.
3.6 Any subscription purchase will renew automatically within the last 24 hours of the chosen subscription cycle unless the User cancels beforehand. In order to terminate the contract at the end of the current subscription cycle, the notice of termination must be submitted prior to the last 24 hours of the subscription cycle. Terms of cancellation and renewal are determined by Apple Inc. (following "Apple"), and are therefore subject to change.
3.7 A one-time or lifetime purchase for unlocking paid functionality of the App will guarantee access to currently available paid features on the same level as the equivalent subscription for as long as the App is publically available. It does not guarantee that any features will be fully available or accessible and that additional functionality may not require additional purchases.
3.8 Use of the Application may incur additional costs such as Internet access fees, mobile service charges etc. that are beyond our control.
3.9 We reserve the right to exclude any user from using the App and/or terminate their subscription or access without prior notice if they violate applicable law or the provisions of the Terms laid out herein.
4.0 AI Coins
4.0 The User may purchase Credits ("Credits" or "AI Coins") through the App, which can then be redeemed to access various functionalities or services offered. The purchase of Credits is subject to the prices and terms presented at the time of purchase and may vary based on the amount purchased and promotional offerings.
4.1 Credits can be utilized by the User to unlock specific features or services as outlined within the App. Details regarding the number of Credits required for particular functionalities will be clearly provided within the service interface.
4.2 All purchases of Credits are final and non-refundable. Credits cannot be exchanged for cash or any monetary value and are non-transferrable between Users or accounts.
4.3 Credits are associated with the User account at the time of purchase and cannot be transferred to other accounts. It is the User's responsibility to secure their account. We are not responsible for any loss or misuse of Credits due to unauthorized account access.
4.4 Subscription offers may include benefits like automatic Credit top-offs to the User's account. With these offers, Users receive Credits at regular intervals, beginning with the first billing cycle, to ensure their Credit balance meets a guaranteed minimum amount. The number of Credits added depends on the User's balance before the top-off. The guaranteed minimum and the top-off schedule will be clearly outlined at the time of subscription.
4.5 We reserve the right to modify the Credit system, including the pricing, availability, and usage of Credits, at any time.
5.1 The User is granted the right to use the Application for the purpose set forth in these Terms of Use.
5.2 Any additional use of the App, in particular duplication, distribution, commercial exploitation and decomplication is prohibited without prior written approval.
6. User Content
6.1 Intellectual Property - License of use to the Company
We do not claim ownership of the User's User Content. Nevertheless, by using the App, the User hereby grants Us a non-exclusive, non-transferable, royalty-free, non-sublicensable license to use and reproduce the User's User Content for the whole world, and for the duration of protection of the User's User Content by intellectual property rights, for the following purposes: (i) to share the User's User Content and make it available to other Users within the App, particularly in order for Us and other Users to use, publish, adapt, modify and create derivative works based on the User's User Content; and (ii) to promote the App, or more largely, the services offered by, and activities of the Company, by any means, and through any communication channel, known or unknown at this date, in particular any social media, internet website, intranet or extranet, mobile application, email communication, displays and posters, television advertisements, printed press etc. In this respect, We undertake to make Our best efforts to credit the User's Account whenever it shares the User's User Content.
In case the User's User Content includes the User's picture, the User grants to the Company, free of charge, the right to use the User's image for the promotion of the App or the Services, on the media as mentioned above, for the duration of the User's User Account, and for the whole world.
6.2 License of use granted to other Users
The User acknowledges that by sharing the User's User Content with the App, as a template or through a link, the User authorizes other Users to publish, adapt, modify, and create derivative works based on the User's User Content, exclusively within the App, or to download it and use it for their own private and non-commercial use. This license is granted for the whole world, and for the duration of protection of the User's User Content by intellectual property rights (subject to article 8 of the Terms of Use).
In this respect, no User may use the User's User Content, or any of their User Content which is based on the User's User Content, for any commercial use without the User's prior written consent.
In the same manner, the User will be able to use other Users' User Content within the limits set forth in this article 6.2.
6.3 Warranties
The User declares and guarantees to Us that:
Furthermore, the User indemnifies us and other users against any disputes, claims, or actions arising from the infringement of any person's rights by the User's Content. The User will bear any costs or damages resulting from such claims or actions.
6.4 Removal of User Content
6.4.1 The User is informed that We, in accordance with Our hosting service provider status, are not subject to any general monitoring obligation, and do not moderate User Content before its publication. We reserve the right to remove the User's User Content, suspend or terminate the User's access to the App and / or exercise all legal remedies if We believe that any of the User's User Content violates any of the statements or foregoing warranties, or otherwise violates the rights of another person or that it violates any law, rule or regulation.
6.4.2 Should there be a suspicion that User Content on the App infringes any of the previously mentioned statements or warranties (including copyright issues), a complaint can be filed by contacting legal@forgeandform.co. For effective processing of the complaint, the following information is required: (i) a description of the infringed work or material; (ii) identification of the alleged infringing content, including its precise location within the App to enable the Us to find and verify its existence; (iii) contact details of the complainant, such as name, address, phone number, and email address.
It is important to note that the information provided in the complaint may be shared with the User who posted the allegedly infringing content. Upon validating a complaint, We will remove the infringing content and attempt to notify the responsible User about its removal. We reserve the right to terminate User Accounts in cases of repeated copyright infringement and may do so under appropriate circumstances. This includes the authority to delete any User Account for either actual or perceived copyright infringement.
7. Stock Content
7.1 The App may make available to the User content such as but not limited to images, video, stickers or audio provided by third parties (collectively "Stock Content"). Stock Content provided by third parties will be marked when presented in the App (i.e. "powered by", "provided by"). The use of Stock Content shall be subject to this Agreement as well as any agreement provided by the third party which owns or governs concerned licenses and rights ("Additional Agreement"). In the event of inconsistencies between this Agreement and additional agreements the latter will supersede the former.
7.1.1 The Software currently gives access to third party content provided by Giphy, Inc., Pexels GmbH and Unminus. As of the time of writing the terms and conditions of the provided content can be found on the following websites:
Giphy, Inc:
https://support.giphy.com/hc/en-us/articles/360020027752-GIPHY-Terms-of-Service
Pexels GmbH:
https://www.pexels.com/license/
Unminus:
https://www.unminus.com/terms
7.2 The User may use Stock Content only in conjunction with the App. The User is not allowed to share, use, download, reproduce or make available any Stock Content without meaningful alterations or embedding them in a substantial creative work. Any such alterations have to be done in the App. Any use in a standalone, unedited fashion outside of the App is expressly forbidden.
7.3 The User is awarded no ownership right or copyright to the Stock Content. Any rights, moral, legal or otherwise, shall remain with the licensing party. The User may further not sell, sublicense or otherwise redistribute unedited Stock Content without the copyright owner's consent.
7.4 Stock Content may not be incorporated into logos, trademarks, brand identifiers or similar iconography.
7.5 Stock Content may not be used to insinuate or claim that any depicted or featured persons, brands, trademarks or entities are endorsing a specific product, service, brand or similar.
7.6 The User is not permitted to extract, download, reverse-engineer or make available the Stock Content outside of the App.
7.7 The User is expressly allowed to modify, manipulate and combine the Stock Content using the App and sharing the resulting products with third parties, on social media channels and any channel as the User sees fit as permissible by the rules set down in this Agreement or any Additional Agreement.
7.8 Stock Content may not be used for pornographic, defamatory or unlawful purposes. Stock Content depicting identifiable people must not be used in an unflattering or discriminatory context.
7.9 The User may not claim or lay claim to any ownership in the Stock Content or any edited Stock Content that wholly or substantially derives its artistic nature from the Stock Content source material.
7.10 In so far as the use of Stock Content requires special releases, rights or permits (such as photo releases) the User is solely responsible for obtaining any such right or release. We do not grant any rights, explicitly or otherwise, nor provide any warranty with regard to the use of names, brands, trademarks, logos, audio, works of design or architecture and similar depicted in the Stock Content.
7.11 In so far as the use of audio Stock Content requires fees paid to a Collection Society, the User is responsible for paying these fees and providing the Collection Society with all the necessary information (e.g. "Cue sheets" and similar). For the purposes of this Agreement a Collection Society shall mean a society collectively managing performing artists and or their rights and fees they are due (e.g. GEMA, SGAE, ASCAP, BMI).
7.12 The User is responsible for gathering all the necessary information to manage or exercise the User's rights and duties in regards to the use of Stock Content. Any information provided in the App with regards to the artist, title and other pertinent information about the Stock Content is presented without warranty regarding completeness or accuracy.
We reserve the right to make changes to these Terms of Use with effect for the future. Any changes made will be communicated to the user prior to using the App. The changes will be deemed accepted if the User continues using the App or if the User does not object to the changes within three weeks.
The statutory provisions for liability apply.
In case of violations of these Terms of Use, or of laws and/or other rules published in the respective App store, we reserve the right to ban individual Users temporarily or permanently from using the Application.
The User accepts that these Terms of Use as laid out herein shall not be deemed to constitute an agreement between the User and Apple or its subsidiaries. The User accepts that We, not Apple, are responsible for the App and its content. Apple and its subsidiaries are third party beneficiaries of these Terms Of Use. They shall have the right and are deemed to have accepted the right to enforce these Terms of Use against the User as a third party beneficiary thereof.
The User represents and warrants that she or he is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country. The User further warrants that she or he is not listed on any U.S. Government list of prohibited or restricted parties.
14.1 The contractual relationships between the Users and Us are governed by the law of the Federal Republic of Germany, unless compulsory provisions are opposed thereto. The contract language is German.
14.2 If a provision of this contract should be or become invalid, the validity of the remaining provisions shall not be affected thereby. The Parties are obligated to replace the invalid provision by such a valid provision, which achieves the contractually intended result in the best possible way.