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1. Introduction
Welcome to NClip! These Terms and Conditions ("Terms") govern your access to and use of the NClip platform, including all related tools, features, content, applications, and services (collectively referred to as the "Platform"). By using NClip, you agree to be bound by these Terms, our Privacy Policy, and any other agreements that may apply.
If you do not agree to these Terms, please do not use our Platform.
2. Definitions
- "NClip" refers to NClip GmbH, its employees, officers, and affiliates.
- "User" or "You" refers to any individual or entity using the NClip platform, including creators, fans, and brand partners.
- "Creator" refers to individuals or entities who create content and manage communities on the Platform.
- "Fan" refers to any user participating in Creator-led community activities.
- "Brand" refers to companies or entities that utilize NClip for brand activations and sponsored quests.
- "Quests" refer to the interactive challenges, tasks, or activities created on the NClip platform for fans to engage with.
3. Eligibility
To use NClip, you must be at least 18 years old or the age of legal majority in your jurisdiction. By using NClip, you represent and warrant that you meet this eligibility requirement.
4. User Accounts
- Account Registration: To access certain features, you must create an account. You agree to provide accurate, up-to-date, and complete information during registration.
- Account Security: You are responsible for maintaining the confidentiality of your login details and all activities under your account.
- Account Suspension or Termination: NClip reserves the right to suspend, restrict, or terminate your account at its discretion, especially in cases of suspected misuse or violation of these Terms.
5. Use of the Platform
- Permitted Use: Users may use the Platform only for its intended purpose, which includes creating, engaging with, and managing fan communities through gamified interactions.
- Prohibited Activities: Users agree not to:
- Violate any applicable laws, regulations, or third-party rights.
- Impersonate other users, creators, or NClip personnel.
- Interfere with, damage, or disrupt the Platform.
- Engage in fraudulent, abusive, or harmful activities.
6. Creator Responsibilities
Creators are responsible for:
- Content: Ensuring all content (images, text, videos) used for quests, rewards, and interactions complies with copyright, trademark, and other intellectual property laws.
- Rewards: Ensuring that rewards offered to fans are accurate, fulfillable, and not misleading.
- Compliance: Ensuring their activities on the Platform comply with any advertising, data protection, and consumer protection laws that apply to them.
7. Fees and Payments
- Subscription Plans: NClip offers tiered subscription plans (Starter, Premium, Enterprise) based on the level of features and usage required.
- Payment Terms: Payments are made on a recurring basis, as per the selected subscription plan.
- Refunds: Refunds are offered only in accordance with our refund policy.
- Revenue Sharing: For creators who monetize their community via subscriptions, 20% of the revenue may be shared with NClip, as per the subscription agreement.
8. Intellectual Property
- Ownership: NClip owns all rights, title, and interest in the Platform, its branding, software, and technology.
- Limited License: Users are granted a limited, non-exclusive, revocable license to access and use the Platform for personal or business use.
- Content Ownership: Users retain ownership of the content they create but grant NClip a worldwide, royalty-free license to use, display, and distribute this content for platform-related purposes.
9. Data and Privacy
- Data Usage: NClip collects and processes personal data in accordance with our Privacy Policy.
- Data Sharing: NClip may share anonymized usage data to improve the Platform and its offerings.
10. Limitation of Liability
NClip will not be liable for:
- Indirect, incidental, special, or consequential damages arising from use of the Platform.
- Errors, delays, or technical issues outside of NClip’s control.
11. Indemnification
Users agree to indemnify and hold NClip harmless from any claims, damages, or expenses (including legal fees) arising from:
- Breaches of these Terms.
- Violations of third-party rights (including intellectual property).
- Misuse of the Platform.
12. Modifications to the Terms
NClip reserves the right to modify these Terms at any time. Users will be notified of significant changes, and continued use of the Platform signifies acceptance of the updated Terms.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of Germany, where NClip GmbH is based. Any disputes will be resolved under the jurisdiction of German courts, unless otherwise required by local law.
14. Contact Information
For any questions or concerns about these Terms, please contact us at:
NClip GmbH
c/o STARTPLATZ
Im Mediapark 5,
50670 Köln, Germany
Email: support@nclip.io
These Terms were last updated on December 2024