Terms of Service

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These Terms of Service ("Terms") are an agreement between you and Amplium, Inc. ("Amplium", "we", "us"). They apply when you use our website at theamplium.com, the Amplium dashboard, the Amplium Encoder Mac app, the Amplium app for Apple Vision Pro, and our encoding, hosting, DRM, and streaming services (together, the "Services").

By signing in, creating an account, or using the Services, you agree to these Terms and confirm that you have read our Privacy Policy. If you use the Services for a company or other organization, you agree to these Terms for that organization and confirm that you have the authority to do so. If you do not agree, do not use the Services.

1. The Services

Amplium encodes immersive and spatial video, and can package, protect with DRM, host, and stream it to your audience. Some features are in open beta. We may add, change, or remove features, and we will try to give you reasonable notice of changes that materially reduce the Services you pay for.

2. Your account

  • You must be at least 18 years old, or the age of majority where you live, to create an account.
  • You sign in with Sign in with Apple. Keep your Apple Account and any Amplium API keys secure. You are responsible for everything that happens under your account and API keys.
  • Keep your account information accurate. Tell us at info@theamplium.com if you believe someone has used your account without permission.

3. Plans, fees, and payment

  • Prices. Our plans and prices are shown on our pricing page, or in a quote or order form we agree with you. If an order form conflicts with these Terms, the order form applies.
  • Payment. Payments on our website are processed by Stripe. By starting a paid plan, you authorize us to charge your payment method for the fees of your plan.
  • Subscriptions. Subscriptions renew automatically each billing period until you cancel. You can cancel at any time in the billing portal in your dashboard. Cancellation takes effect at the end of the current billing period.
  • Usage-based fees. Some fees depend on usage, such as streamed minutes and storage above your plan's included amount. We measure usage with our own systems and charge it for each billing period.
  • Free trial. A free trial is available only for your first subscription and requires a payment method. When the trial ends, your paid plan starts automatically and you are charged unless you cancel before the trial ends. Usage-based fees during the trial may still apply.
  • Refunds. Except where the law requires otherwise, fees are not refundable, including for partial billing periods.
  • Taxes. Prices do not include taxes. You are responsible for any taxes that apply to your purchase, other than taxes on our income.
  • Price changes. We will notify you before a price change applies to your subscription. If you do not agree, you can cancel before the change takes effect.
  • Late payment. If a payment fails, we may suspend paid features until the payment is made.

4. Your content

  • Ownership. You keep all rights to the videos and other content you upload ("Your Content").
  • License to us. You give Amplium a worldwide, non-exclusive, royalty-free license to copy, store, transcode, package, encrypt, host, stream, and display Your Content, only as needed to provide the Services to you and your audience. This license ends when Your Content is deleted from the Services, except for copies in backups for a limited time.
  • Your responsibility. You confirm that you have all the rights needed to upload Your Content and to let us process and stream it, including rights to music, footage, and the likeness of people who appear in it. You are responsible for Your Content and for how you distribute it.
  • Public content. When you make a video public or share a streaming link, anyone with access can watch it, and your name and profile picture may be shown with it.
  • Keep your own copies. The Services are not a backup service. Keep your own copies of Your Content.
  • When your subscription ends. If your subscription ends or is cancelled, your hosted videos are hidden and stop streaming. We may delete content that remains in your account after your subscription ends.

5. Acceptable use

You must not use the Services to:

  • upload or stream content that is illegal, or that infringes the copyright, trademark, privacy, or other rights of others
  • upload or stream content that sexually exploits children, promotes violence or terrorism, or harasses others
  • distribute malware, or try to break, probe, or get around the security, DRM, or usage limits of the Services
  • access the Services in an automated way that places an unreasonable load on them, except through our published APIs
  • resell or provide the Services to others without our written agreement
  • use another person's account or API keys without permission

We may remove or disable content, or suspend accounts, that we reasonably believe violate these Terms or the law.

6. Copyright complaints

If you believe content on the Services infringes your copyright, email info@theamplium.com with your contact details, the work you believe is infringed, the location of the content, and a statement that you have a good faith belief that the use is not authorized. We may remove the content and, in appropriate cases, close the accounts of repeat infringers.

7. Apps and third-party services

  • The Amplium app for Apple Vision Pro and purchases made in it are also subject to Apple's terms for the App Store.
  • The Services rely on third-party services, such as Apple, Stripe, and Cloudflare. Their terms may also apply to you, and we are not responsible for their services.

8. Feedback

If you send us ideas or feedback, we may use them without any obligation to you.

9. Suspension and termination

  • You can stop using the Services and cancel your subscription at any time. To close your account, email info@theamplium.com.
  • We may suspend or end your access to the Services if you break these Terms, do not pay fees when due, or if your use creates a legal or security risk for Amplium or others. When possible, we will tell you first and give you a chance to fix the problem.
  • When your account is closed, your right to use the Services ends, and we may delete Your Content. Sections 3 (for fees already owed), 4, 8, 10, 11, 12, and 14 continue to apply.

10. Disclaimers

The Services are provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not promise that the Services will be uninterrupted or error-free, or that encoded files will play on every device.

11. Limitation of liability

To the extent the law allows:

  • Amplium is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill.
  • Amplium's total liability for all claims about the Services is limited to the amount you paid Amplium in the 12 months before the event that gave rise to the claim.

These limits do not apply to liability that cannot be limited under the law, such as liability for our intentional misconduct or gross negligence.

12. Indemnity

You will defend and indemnify Amplium against claims, damages, and costs, including reasonable legal fees, that come from Your Content or your breach of these Terms.

13. Changes to these Terms

We may update these Terms. We will change the "Last updated" date above, and for material changes we will tell you by email or with a notice in the Services before they take effect. If you keep using the Services after the changes take effect, you accept the updated Terms.

14. General

  • These Terms, together with any order form and our Privacy Policy, are the entire agreement between you and Amplium about the Services.
  • If a part of these Terms cannot be enforced, the rest stays in effect.
  • If we do not enforce a right, we do not give it up.
  • You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition, or sale of assets.
  • These Terms are available in English and Japanese. If the two versions differ, the English version applies.

15. Contact

Questions about these Terms: info@theamplium.com