Terms & Conditions

1.0. Introduction

Please read this document carefully, it is for your benefit. At Vimily we are committed to transparency and therefore want you to understand everything about our service, even the boring legal bits! If you have any questions about anything at all please don’t hesitate to contact us at: support@vimily.com

1.1. Description of services

The Vimily Services includes, without limitation, the Vimily mobile apps and online platform, that enables members to create & publish video and other media.

1.2. Acceptance of agreement

The terms, conditions, policies, and notices set forth in this document constitute the legal agreement (the “Agreement”) that governs your use of all services provided by Vimily Pty Ltd (“Vimily,” “we,” or “us”), including, without limitation, the Vimily website located at Vimily.com (the “Vimily site”) and related domains, mobile applications, desktop applications and PC television applications (collectively, the “Vimily Service”). Your access to, and use of the Vimily Service is expressly conditioned upon your acceptance of this agreement in its entirety, without modification. If you do not wish do be bound by this agreement, please do not use the Vimily Service.

2.0. License to use the Vimily Service

You are granted a limited license to access and use the site, the Vimily Services and the Vimily content to which you have properly gained access solely for your use, provided that you keep all proprietary notices intact. The license is revocable at any time without notice and with or without cause. The following are registered trademarks, trademarks or service marks of Vimily: Vimily ®.

3.0. Commercial use

You may not use Vimily Service for commercial use without the express permission of the us, disregarding the commercial applications enabled by a paid for account. You agree not to resell or repackage the Vimily Services or any portion of the Vimily Services with out prior authorization from Vimily.

4.0. Privacy

Vimily is a company committed to ensuring your privacy and security. Your privacy rights are set forth in our Privacy Policy which forms a part of this agreement. Please review the Privacy Policy.

5.0. Membership

Though we distribute data and content for free via our Vimily Service, in order to fully use the Vimily Services, you must register as a member, by providing your name, a valid email address, password, gender and date of birth.

5.1. Security and password

You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Vimily Services. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately at: support@vimily.com

6.0. Purchases

In addition to offering limited free memberships, we offer additional pre-paid and monthly billable services. These align themselves to a pro, and business package with additional tools offered for each.

Paid for accounts enable users to:

  • film and publish many more videos
  • customize brand on portals and video watermarks
  • access analytics on engagement, exposure and email response rates
  • capture significant extra data when filming users for marketing and research purposes
  • remove Vimily branding

6.1. Permissions

A super admin is required to purchase and control a Vimily account. Admin’s can be created, and are able to create interviews and invite other members to collaborate. Users can be invited to film interviews, but they cannot edit interviews or invite other members.

6.2. Payment of fees

If you subscribe to a Vimily Service that requires a payment of a fee, you agree to pay all fees associated with such service. For all charges for services we will bill your credit card. Recurring charges (if relevant) are billed on a monthly basis at the end of each month. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address, telephone number, and to provide us with any changes in such information within 30days of the change.

If you subscribe to a Vimily Service that requires a payment of a fee, you agree to pay all fees associated with such service. For all charges for services we will bill your credit card. Recurring charges (if relevant) are billed on a monthly basis at the end of each month. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address, telephone number, and to provide us with any changes in such information within 30days of the change.

If, for any reason, your credit card company refuses to pay the amount billed for a service, you agree that we may, at our option, first notify your family network, and then suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us.

You agree that if you subscribe to additional Vimily services, until your subscription to the Vimily Services is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the Vimily Services. You agree that if you subscribe to additional Vimily services, until your subscription to the Vimily Services is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the Vimily Services.

6.3. Cancellation and refunds

Above all, Vimily is committed to your satisfaction and providing the very best service. Unsatisfied customers who purchase Vimily have fourteen (14) days after their purchase to receive a full refund dependent on circumstances and the volume of video created. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Vimily. For Cancellation requests, please contact support@vimily.com.

6.4. Renewals

Single payment plans do not require a renewal fee. If monthly subscription services are purchased, subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Vimily reserves the right to deny subscriptions, renewals, and other purchases for any reason.

6.5. End of subscription

If an account is terminated, the account shall be left inactive for 30days Following this period all account information shall be deleted and access denied. Vimily retains the rights to change sharing permissions of video hosted on the Vimily service.

If an account is changed from a business to pro account, all access to additional tools is forfeit.

6.6. Other purchases

Purchases of other products and services through the Vimily Service may be subject to other terms and conditions that are presented to you at the time of purchase.

7.0. Term and termination; Account deletion

7.1. Term

This Agreement begins on the date you first use the Vimily Services and continues as long as you have an account with us.

7.2. Account deletion

You may delete your account at any time. Basic accounts (free) may be deleted from the Vimily Service if they remain inactive (i.e. the users fail to login) for a period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.

7.3. Termination for breach

Vimily may suspend, disable, or delete your account (or any part thereof) or block or remove any content submitted if Vimily determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Vimily’s reputation and goodwill. If Vimily deletes your account for the foregoing reasons, you may not re-register for the Vimily Service. Vimily may block your email address and Internet Protocol address to prevent further registration.

7.4. Effect of termination / account deletion

Upon termination, all licenses granted by Vimily will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Vimily shall not be responsible for the loss of such content.

8.0. Use of services

Your use of the Vimily Services is subject to all applicable laws and regulations, and you are solely responsible for the content of your media and your communications with and through the Vimily Services. International users agree to comply with all local laws regarding online conduct and acceptable content.

8.1. Content

You agree that you will not mail, upload, share, post or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, video, sounds, data or other information – that:

  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  • Victimizes, harasses, degrades, or intimidates an individual group or individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of party;
  • Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • Contains software viruses or any other computer code, files, or programs that are designed to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • Impersonates any person or entity, including any of our employees or representatives.
  • Is used without the express permission of any Brand or person recognizable in the content.

8.2. Rights

We neither endorse nor assume any liability for the content of any material mailed to us, uploaded or otherwise submitted by users of the Vimily Services. We do not assume any obligation to pre-screen, monitor, or edit the content sent to us, posted to our Site, or distributed by users of the Vimily Services, however we reserve the right to do so at our sole discretion. In addition, we and our agents have the right to remove any content that, in our judgment and sole discretion, does not comply with this agreement or is otherwise illegal, harmful, objectionable or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site and Vimily Services. Users who violate systems or network security may incur criminal or civil liability.

8.3. Who can use Vimily

You must be at least 13 years old before you can create an account at Vimily. In some jurisdictions the age limit may be higher. Providing false information to create an account is always a violation of this Agreement. If you are over 13, but still a minor (this depends on where you live) you must have your parent or legal guardian’s permission to use the Vimily Services. Please have him, or her read this agreement with you.

If your underage child has created an account, you can delete their account by having them log into their account, selecting “account settings” and clicking “delete my account”. If you would like to report an underage use, please email us at support@vimily.com

In observance of laws in Spain, Israel and South Korea we require individuals living there to be at least 14 years old before they can create an account and use this service.

9.0. Conduct

A Vimily site is a place people & business’s share and create content with one another. This may cause conflict between members, and the following guidelines apply to all Vimily members:

  • Any admin / superadmin can add additional members into a Vimily site / team. These admins control any invited persons permissions. Accepting their membership requests will give those members access to the site, and control over their profile.
  • Members must obtain permission from any person, brand or other intellectual property before filming and publishing, and if they do so without permission it is the responsibility of that individual.
  • Should we receive a complaint about information or media being on a Vimily site against that individuals consent, we reserve the right to delete or suspend that information from the site. In case of a disputes, we are allowed to suspend or remove this member at our discretion.
  • If a person has a dispute, they can notify us at support@vimily.com. We will attempt to first resolve the dispute amicably by contacting the original member.
  • We advise that permission is gained to publish any recognizable person, brand or intellectual property using the Vimily services. You may wish to consult a legal representative for advice in this matter.

10.0. Third party services

The Vimily Services may link you to third party sites on the Internet or otherwise provided merely as convenience and does not imply endorsement of, or association with, the Third party services by us, or any warranty of any kind, either express or implied. If you decided to use third party services you do so at your own risk. You agree to review and comply with the terms and conditions of use and privacy policies of any third party services that you use.

11.0. Vimily Intellectual property information

All content on the site and related to the Vimily Services, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sounds and other files, and their selection and arrangement (the “Vimily content”), are the proprietary property of Vimily, its users or its licensors with all rights reserved. No Vimily content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, unless otherwise permitted by this Agreement in connection with your use of the services. The foregoing does not apply to your own User Content (as defined below) that you legally post on the site or otherwise submit for use in connection with the services.

12.0. User content

No one respects privacy more than the team here at Vimily. As between you and Vimily, you own the video, images and other media content that you submit to the Service within your own account. You can control how this content is shared by your choice of publishing options through your privacy and application settings. Publically shared video can be used by Vimily. All content posted on Vimily sites is owned by the Admin that created the interviews online. This content is hosted by us under the terms and conditions in this Agreement.

12.1. Third party sharing

Any content shared to third party services (such as social media platforms) by users is the sole liability of that user.

12.2. Public content

By posting content posted to the public Vimily website, and Vimily Services (including media outlets and affiliate sites) you grant us a royalty-free, worldwide, perpetual and non-exclusive license to host, copy, post, edit and distribute such content.

13.0. Promotional emails and updates

Vimily may, from time to time, send you email messages containing promotions, product news, updates, etc. You may unsubscribe at any time by clicking the Unsubscribe link found at the bottom of each promotional message.

14.0. Idea submissions

Whilst we welcome all your feedback and ideas, please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. If you submit an idea for a product or service, you agree that it will automatically become the property of Vimily and/or that Vimily will have the right to use it without any compensation to you.

15.0. Intellectual property infringement

We respect the intellectual property of others, and we ask you do the same. If you or any other user of the Vimily services believes its copyright, trademark or other property rights have been infringed you or the user should send a notification to us at support@vimily.com

16.0. Indemnification

You will indemnify, defend and hold harmless Vimily and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i)arise from your activities on the Vimily service; (ii) assert a violation by you of any term of agreement; or (iii) assert that any content you submitted to Vimily violates and law or infringes any third party right, including any intellectual property or privacy right.

17.0. Disclaimers

You are solely responsible for providing, at your own expense, all equipment necessary to use the Vimily Services, including, without limitation, a computer, mobile device and internet access. You are also solely responsible for any third party fees associated with your use of the Vimily Services, including, without limitation, internet and mobile phone.

You understand and agree that temporary interruptions of the Vimily Services may occur as normal events. You further understand that we have no control over third party networks you may access in the course of the use of the Vimily Services, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Vimily Services are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, or failure to store any user personalization settings.

Vimily reserves the sole right to modify the Vimily Services at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in pricing structure, the modification, addition or discontinuation of a service, or changes to limitations on profile ‘video activation’, allowable file sizes and total media storage. Any new Vimily Services and any new features that augment or enhance the then-current Vimily Services shall also be subject to this agreement.

Vimily reserves the right to change the terms of this Agreement at any time without further notice. If changes are made, we will post the changes to the Agreement on this page, and will indicate at the top of this page the date those terms will be effective. By continuing to use the Vimily Service after any changes, you are indicating your acceptance of such changes. It is your responsibility to regularly check the Vimily Site to determine if there have been changes to this Agreement and to review such changes.

When using particular Vimily Services or materials on the site, you shall be subject to any posted guidelines or rules applicable to such Vimily Services or materials. All such guidelines and rules are hereby incorporated by reference into this agreement.

18.0. Limitation of Liability

To the fullest extent permitted by law: (i) Vimily shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses; and (ii) Vimily’s total liability to you shall not exceed the amounts paid by you to Vimily over the twelve (12) months preceding the claim(s).

19.0. General provisions

19.1. Jurisdiction and Governing Law

These terms and conditions will be governed by and construed in accordance with the laws of the Commonwealth of Australia and the state of New South Wales.

19.2. Interpretation; Severability; Waiver; Remedies

Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Vimily in exercising any right hereunder will waive any further exercise of that right. Vimily’s rights and remedies hereunder are cumulative and not exclusive.

19.3. Notices

We are an environmentally aware company. You consent to receive all communications from Vimily electronically. Vimily may provide such communications by email or by posting them on the Vimily Service.

20.0. Entire agreement

This Agreement constitutes the entire agreement and understanding between us concerning the subject matter herof and supersedes all prior agreements and understandings of the parties with respect thereto. If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.