End User License Agreement
This End User License Agreement (“EULA”) governs the relationship between you (“user”) and Contenda Inc. (hereinafter “Contenda”, “we”, “us” or “our”) concerning your use of Contenda’s web application and API services (collectively, the “Service”).
PLEASE READ THIS EULA CAREFULLY. BY ACCESSING, REGISTERING FOR, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS EULA.
1. LICENSE AND RESTRICTIONS
a. License: Subject to the terms and conditions of this EULA, Contenda grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal business purposes.
b. Restrictions: You agree not to:
- sell, license, rent, lease, or distribute the Service or any part thereof;
- lend, sublicense, or otherwise transfer your rights to access and use the Service to any third party;
- modify, reverse engineer, decompile, or disassemble the Service;
- use the Service for any illegal or unauthorized purpose, as outlined further in Section 12.
2. INTELLECTUAL PROPERTY
Contenda and its licensors retain ownership of all intellectual property rights associated with the Service, including any applicable copyrights, trademarks, patents, and trade secrets. Users retain ownership of their transformed blogs, subject to Contenda’s rights under this EULA. Users of the Service must respect the intellectual property rights of the original creators of the videos that are transformed into blogs. Contenda is not responsible for any disputes or claims resulting from the User’s violation of intellectual property rights of third parties.
3. USER GENERATED CONTENT
- User Representations and Warranties: By submitting user-generated content to Contenda, you represent and warrant that you have the necessary rights to use, copy, modify, distribute, and publish the content and that your use of the content complies with all applicable laws and regulations.
- License: By using our services, you acknowledge and grant Contenda a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use, host, store, reproduce, and modify any and all content you submit, post, or display on or through our services (“Submitted Content”). This license is primarily for the purpose of operating and improving our services, and it continues even if you stop using our services.
- Improvement of Services: You acknowledge and agree that your Submitted Content may be used to analyze, personalize, and improve upon our services. We may use your Submitted Content for research, development, and learning that make our services better. This may include creating new features or capabilities, for internal analytics, and for improving the user experience.
- Retention: You understand and agree that we have the right to retain your Submitted Content indefinitely. However, if you want us to delete your Submitted Content from our systems, you can submit a request to us at any time. We will process such requests in accordance with our deletion procedures and applicable laws. Please note that the deletion of Submitted Content from our systems does not guarantee the complete or comprehensive removal of the content as there may be circumstances in which the law requires us to retain your information.
- Removal of Submitted Content: Upon receiving a valid request for removal, Contenda will make reasonable efforts to remove your Submitted Content from our services. However, please understand that due to technical or operational constraints, some content may not be entirely removed, and copies of your content may continue to exist in our systems. Additionally, Contenda is not responsible for any third-party copies of your content that may have been shared or downloaded prior to its removal
- Promotion of User-Generated Content: By using our services and publishing content generated with Contenda, you grant Contenda the right to promote, reference, or display your published content for marketing, advertising, or promotional purposes without any further compensation or consent. Contenda may use your content in various media formats and through different channels, with or without attribution.
5. ACCOUNT TERMINATION AND DATA DELETION
Users may terminate their account and request deletion of their personal data, subject to any applicable data retention requirements, by contacting Contenda at firstname.lastname@example.org.
6. DISPUTE RESOLUTION
a. Informal Resolution: Users agree to first attempt to resolve disputes informally by contacting Contenda at email@example.com.
b. Mandatory Arbitration: If disputes cannot be resolved informally, users consent to resolve disputes through binding arbitration in accordance with the rules and procedures of the American Arbitration Association, subject to applicable law.
7. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Contenda shall not be liable for any indirect, incidental, consequential, or punitive damages arising from the use of the Service.
8. MONITORING AND ENFORCEMENT
Contenda reserves the right to monitor user-generated content and take appropriate action to prevent, detect, or address violations of this EULA or applicable law, including removing content or suspending or terminating user accounts.
9. GOVERNING LAW AND JURISDICTION
This EULA shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict of law provisions. Any disputes arising from this EULA or the use of the Service shall be subject to the jurisdiction of the state or federal courts located in Pennsylvania, unless the mandatory arbitration clause is enforced.
10. DISCLAIMERS AND WARRANTIES
The Service is provided “AS IS” without warranty of any kind, express or implied, including, but not limited to, warranties of performance, merchantability, fitness for a particular purpose, or non-infringement. Contenda does not warrant that the Service will meet your requirements or that the operation of the Service will be uninterrupted, error-free, or secure.
11. CHANGES TO EULA
Contenda may modify or update this EULA from time to time, with or without advance notice to the user. Your continued use of the Service following any changes to the EULA signifies your acceptance of any such changes.
12. PROHIBITED USES AND CONTENT
You shall not engage in, promote, or facilitate activities or generate content using the Service that falls under the following categories:
- Illegal activity
- Child Sexual Abuse Material or any content that exploits or harms children
- Generation of hateful, harassing, or violent content
- Generation of malware
- Activity that has high risk of physical harm, including:
- Weapons development
- Military and warfare
- Management or operation of critical infrastructure in energy, transportation, and water
- Content that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders
- Fraudulent or deceptive activity, including:
- Coordinated inauthentic behavior
- Academic dishonesty
- Adult content, adult industries, and dating apps, including content meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness)