User agreement

1.1. In this document and arising or related to it relations between the Parties the following terms and definitions are applied:

• Agreement defines as the text of this document with all its appendices, amendments and additions describing the general terms of use of the Service.
• Service - a combination of the functionality of the Website (Web service) and the Right Holder's Content, the access to which is provided to the Users for the purposes of concluding and executing the license agreements for the use of the Products as well as for the purpose of information and entertainment.
• Website - any of the automated information systems located in the Internet at the network address (including sub-domains) https://kinescope.com/
• Content - any information materials, including videos, text, graphics, audio and other materials, which Users upload to the Service and to which it is possible to get access through the Service.
• User means a legally capable individual who has joined this Agreement in his/her own interest, or who is acting for and on behalf of a legal entity he/she represents.
• Products - software and databases, making up the client part of the hardware and software platform Kinescope for receiving, storing, processing and transmitting, (including broadcasting) the Content.
• User Application - the website, mobile application and/or other software products of the User, into which the Products are integrated.
• Viewers - users of User's Application.
• Personal profile - a personal section of the Website, which User can access after registration and/or authorisation. The Personal Area is designed to store the User's personal information, upgrade or downgrade licenses, view statistical information about the completed orders and billing details, use the functionality of the Service, and receive notifications.

1.2. Other terms and definitions not specified in clause 1.1 of the Agreement can be used in this Agreement. In this case, such a term shall be interpreted in accordance with the text of the Agreement. In case of absence of an unambiguous interpretation of a term or a definition in the text of the Agreement, its interpretation should be based on the following: firstly - on the Obligatory Documents specified in it, secondly - on the legislation of the Netherlands, and afterwards - on the customary business practice and the scientific doctrine.

1.3. Any use of the Service in any way and in any form within its declared functionality, including:

Downloading, searching, browsing or applying Content using the Service;

- Registration and/or authorization on the Website;

- Registration of an order for granting a licence for the Products;

- Registration of subscription to newsletter or other types of communications;

- Sending of request via the feedback forms on the Website;

- Other use of the Site and/or the Site-based Service,

creates an agreement between parties under the terms of this Agreement and the documents, specified in it, which are binding for the Parties in accordance with the provisions of the Dutch Civil Code (article 3:37(1)).

1.4. By using any of the above options to use the Service, you confirm that:

- You have read the terms of this Agreement and the Binding Documents specified in it in full before using the Service.

- Accept all of the terms and conditions of this Agreement and the Binding Documents set forth herein in their entirety without any waivers or limitations on your part, and agree to abide by them or stop using the Service. If you do not agree to the terms of this Agreement and the Binding Documents referred to herein, or are not entitled to enter into a contract based on them, you should immediately discontinue all use of the Service.

- The Agreement (including any part thereof) and/or the Mandatory Documents referred to herein may be amended by the Licensor without any special notice. The new wording of the Agreement and/or the Binding Documents specified in it shall come into effect from the moment the Agreement is posted on the Website or communicated to the User in another convenient form, unless the new wording of the Agreement and/or the documents specified in it are binding on the Parties.

2.1. A precondition for entering into this Agreement is the User's full and unconditional acceptance and compliance with the requirements and provisions, specified in the following documents (the "Binding Documents"):

- Privacy Policy posted and/or available on the Internet at https://kinescope.com/legal and containing the rules for the provision and use of Licensee's personal information, including personal data;

- Public offer to conclude a licensing agreement, which is posted and/or available on the Internet at https://kinescope.com/legal and is a binding document when the User places an order to grant the right to use the Products;

- Documentation, posted and/or available at the Website, which describes the logic of operation of the Service and Products including  guides, API reference and player documentation.

2.2. The use of the Website and/or the Service is only possible in some limited parts of the public sections of the Website, without the User having previously registered and/or authorized themselves on the Website. In the rest, using the functionality of the Site and/or the Service provided on its basis is allowed after the User has been registered and/or authorized on the Site, in accordance with the rules established by the Licensor.

2.3. Service features list, the use of which requires certain actions by the User (for example, confirmation of the provided data or the conclusion of a compensation agreement with the Rights Holder) shall be determined at the sole discretion of the Rights Holder, and may change from time to time.

2.4. In order to register, the User shall provide true and complete information about himself/herself on the matters proposed in the registration and/or authorisation form on the Website, as well as when placing an order for a license to the Products using his/her software, and shall keep such information up to date. If the User provides any incorrect information, or the Right Holder has a reason to believe that the information provided by the User is incomplete or unreliable, the Right Holder shall have the right, in its sole discretion, to block or delete the User's Personal Account, and refuse to allow the User to use the Service in full or in part.

2.5. The Licensor reserves the right at any moment to require the User to confirm the details specified in the registration, and request in this regard the supporting documents (in particular the identification documents), the failure to provide which, at the sole discretion of the Licensor, may be equated with the provision of inaccurate information and entail the consequences specified in the paragraph. 2.4. of the Agreement.

2.6. In the event that the User's particulars, indicated in the documents provided by the User, do not correspond to the particulars indicated at registration, and also in the event that the particulars indicated at registration do not allow to identify the User, the Licensor shall have the right to take the measures specified in Section 2.4 of the Agreement.

2.7. The technical, organisational and commercial terms of use of the Service may be made known to the Users by separate posting on the Website, or by notifying the Users by email.

2.8. The Licensor has the right to set limits and introduce other technical restrictions on the use of the Service, which are listed in Documentation and updates will be announced to the Users in the form and manner chosen by the Licensor from time to time.

By accepting the terms of this Agreement, you represent and warrant that:

3.1. You have all the necessary rights and authority to enter into an Agreement to use the Service and perform it;

3.2 You shall use the Service solely for the purposes permitted by this Agreement, subject to its terms and conditions, and the requirements of applicable law and customary practice;

3.3 You will not engage in any conduct that conflicts with or interferes with the Service or the operation of related equipment, networks, or software through which the Service is provided;

3.4 Your use of the Service for a particular purpose does not infringe on any third party proprietary and/or intellectual rights, or violate any prohibitions or restrictions of applicable law or the rights of the country where you are located, including but not limited to copyright and related rights, trademark, service mark or appellation of origin, design rights, rights to use images of people; the Content and other data you submit do not contain offensive information and/or images that offend the honor, dignity, or reputation of others.

4.1 By accepting the terms and conditions of this Agreement you grant the Licensor a simple (non-exclusive) license to use the Content you submit (post or transmit) in the Service of the Licensor free of charge.

4.2 This simple (non-exclusive) license to use the Content is granted to the Licensor at the same time you add the Content to the Service of the Licensor for the whole term of the exclusive rights to the objects of copyright and (or) related rights constituting such Content, for the use in all countries of the world.

4.3 Within the framework of the simple (non-exclusive) license granted to the Licensor you may use the Content solely for the purpose of organising and providing you the Service in the following ways:

- To reproduce the Content, i.e. to make one or more copies of the Content in any material form, and their recording in the memory of an electronic device (right of reproduction);

- Distribute digital copies of the Content, i.e. provide access to the Content reproduced in any material form, including by network and other means, as well as by selling, renting, leasing, providing free of charge, including importing for any of these purposes (right of distribution);

- Publicly display the Content (right of public display);

- Communicate the Content in such a way that any person may access it interactively from any place and at any time of his choice (right of public communication);

- To modify the Content, i.e. to remake or otherwise rework the Content, including translating the Content from one language to another (the right to rework);

- The right to assign all or part of the acquired rights to third parties (right of sublicensing).

4.4 If there are no objects of copyright or related rights in the Content, under this Agreement you give the Right holder the Content - information and other informational materials - for use in any way, including the possibility to record, systematize, accumulate, store, clarify (update, change), extract, use, anonymize, block, delete, destroy such data, transfer (distribute, provide to third parties for any actions) at their sole discretion.

5.1. "Viewer Data" shall mean anonymous (non-identifiable) data about the Viewers and their activities, which may be collected and transferred to the Rights Holder for processing, for example: technical information about the Viewers' devices (type, model, operating system, language) and other device identifiers; information about activities with the Products.

5.2 The User collects the Viewer Data using the Products, transfers it to the Right Holder and instructs the Right Holder to process the Viewer Data in order to enable the User to technically perform the contracts and/or administrative functions to which the User and the Viewer are a party.

5.3 When using the Products and the Service, the User guarantees that it complies with applicable legislation on the protection of personal data, in particular that it has obtained the appropriate consent from the Viewer to process the Viewer Data and transfer it to the Rights Holder, or that the User is not required to obtain such consent under applicable law.

By agreeing to the terms of this Agreement you understand and acknowledge that:

6.1 The provisions of consumer protection legislation are not applicable to the parties' relations on the provision of the Service on a free-of-charge basis.

6.2 The Service is provided for information purposes on an "as is" basis, which does not create any warranty that the Service will meet your requirements; the Service will be uninterrupted, timely, secure, and error-free; the results that may be obtained from the Service will be accurate and reliable; the quality of any product, service, information, and Content obtained through the Service will meet your expectations; any errors in the Content and/or software are excluded.

6.3 Any information and/or materials (including any instructions or guidelines for use, etc.), which you access through the Service, you use at your own risk and are solely responsible for the consequences of their use, including any harm or damage that may result to you or any third party.

6.4 As the Service is at the stage of constant addition and updating of new functionalities, the form and nature of the services provided may change from time to time without prior notice to you. The Copyright Holder may, at its sole discretion, discontinue (temporarily or permanently) the Services (or any features within the Services) to all Users in general or to you in particular, without prior notice to you.

6.5 The Owner of the Right has no relation to the Content presented by the Users in the Service and/or distributed using the Service, and does not verify the content, authenticity and security of the Content or its components, as well as their compliance with the requirements of the applicable law, and the availability of the necessary rights to distribute and/or use them. The person who created the Content and/or added it in the Licensor's Service is solely responsible for its content, and for its compliance with the requirements of applicable law.

6.6 Users are not allowed to use the Service for:

- Distribution of pornographic materials, as well as materials associated with the promotion of pornography and child erotica, advertising of intimate services;

- Dissemination of any other prohibited information, including extremist materials, materials that violate copyright, as well as those that infringe human rights and freedoms on the basis of race or ethnic origin, religion, language, and gender, incite to commit acts of violence against persons or to inhuman treatment of animals, calling for the commission of other unlawful acts, including those that explain the manufacture and use of weapons, drugs and their precursors, etc;

- Disseminating false information defaming the honour, dignity, or business reputation of third parties.

- Committing other illegal actions, including obtaining unauthorized access to confidential information, its distribution, illegal access to computer information, use and distribution of malicious computer programs, violation of rules of operation of means of storage, processing or transmission of computer information and information and telecommunications networks, organization of gambling, lotteries, and other promotional activities in violation of applicable law.

6.7 In the case of any violation of your rights and/or interests in relation to the provision of the Service, you must inform the Licensor of the violation. This requires a written notice to the Licensor detailing the circumstances of the violation of your rights and/or interests.

6.8 The Users shall be responsible for any breach of the obligations set forth in this Agreement and/or the applicable law, and for all the consequences of such breaches (including any loss or damage which the Licensor or any other third parties may incur).

6.9. In the event of any third party claims against you regarding your violation of any proprietary and/or personal non-property rights of third parties, or prohibitions or restrictions imposed by law, you shall at the request of the Licensor be officially identified, providing the Licensor with a notarized undertaking to settle such claims by your own means and at your own expense, and provide your passport information.

6.10. In case of repeated or gross violations of the terms of this Agreement, including the binding documents specified herein, and/or the requirements of the law, the Licensor reserves the right to block the User's access to the Service, or otherwise restrict (terminate) the provision of services to the User using the Service.

6.11. In the case of bringing the Licensor to responsibility or imposing penalties on the Licensor in relation to the infringement of the rights and/or interests of the third parties, as well as prohibitions or restrictions imposed by the law, you must compensate the losses of the Licensor in full.

6.12. The Licensor shall be exempted from any liability in connection with the breach committed by the User, and the damage or loss caused to the User in the circumstances specified above.

6.13. In any circumstances the liability of the Licensor is limited to 100 (hundred) euros, and is imposed on the Licensor only if it is at fault.

7.1. You agree to receive information messages (hereinafter referred to as "notifications") from the Licensor to the specified email address, which you indicate when you start using the Service, containing messages about important events, which take place within or in connection with the Service.

7.2 The Owner shall be entitled to use notifications within the framework of informational service for informing the User about changes and new features of the Service, and/or changes in the Agreement or the binding documents specified in it, as well as in connection with placing orders, concluding and executing contracts, and holding marketing events, including promotional events.

8.1 The User determines the terms and procedures for using the functionalities of the Service on his own, which, however, can go into conflict with this Agreement.

8.2 Applicable law. This Agreement, the order of its conclusion and execution, as well as issues not regulated by this Agreement, are governed by the current law of the Netherlands.

8.3 Arbitration. All the disputes under or in connection with the Agreement shall be settled in the court at the location of the Titleholder in accordance with the current procedural law of the Netherlands.

8.4 Amendments. This Agreement may be unilaterally modified or terminated by the Licensor without prior notice to the User and without any compensation in connection therewith.

8.5. Edition of the Agreement. The current version of this Agreement is posted on the Website and is available on the Internet at: https://kinescope.com/legal

9.1 Kinescope places paramount importance on the security of your personal data. When you connect your Google account with Kinescope, we may access certain information as permitted by you through Google OAuth, such as your name, email address, and files (if explicitly authorized).

9.2 To safeguard this sensitive data, Kinescope implements industry-standard technical and organizational measures, including:

- Encrypted data transmission using HTTPS and SSL/TLS;

- Secure storage with access controls and audit logging;

- Token management practices to prevent unauthorized access;

- Regular internal reviews and audits of our data handling procedures.

9.3 We do not sell or share your Google data with third parties except where necessary to provide services (e.g., cloud hosting or analytics), and only under strict data protection agreements.

10.1 Kinescope retains Google user data only for as long as necessary to provide the relevant features of our service. Specifically:

10.2 OAuth access tokens are stored securely and only as long as needed for synchronization or functionality;

10.3 Metadata imported from your Google account (e.g., filenames, video info) is stored only if necessary and is deleted automatically if your integration is revoked or inactive for more than 30 days.

10.4 Users can disconnect their Google account at any time. Upon disconnection, we immediately remove access tokens and delete any associated Google data within 30 days.

10.5 To request manual deletion of your data at any time, please contact us at hello@kinescope.io.

10.6 These sections supplement the existing provisions in our privacy policy related to data retention, security, and user rights, and are added to ensure compliance with Google’s privacy requirements for OAuth-based integrations.