Licence Agreement (Public Offer)
This document is an official offer (public offer) by Alexey Nikolaevich Kornilov, who applies the special tax regime “Professional Income Tax” (self-employed), taxpayer ID (INN) 132301545821 (the “Licensor”), to enter into a licence agreement on the terms set out below with any person with full legal capacity (the “Licensee”, the “User”).
1. Definitions
- 1.1. The “Clipmaker” Service (the “Service”) is computer software accessed via the website https://clipmaker.org and the Telegram bot @clipmaker_org_bot, designed for automated processing of video recordings at the Licensee's request.
- 1.2. Simple (non-exclusive) licence means the right to use the Service for its intended purpose without the right to sublicense.
- 1.3. Action means a single processing operation performed by the Service at the Licensee's request: analysing a video, creating a clip, processing (uniquifying) a video.
- 1.4. Credit means the Service's internal accounting unit used to pay for Actions; one Credit corresponds to one Russian rouble of processing cost. There are two kinds of Credits: plan credits (provided under a Plan, renewed every billing period and not carried over) and top-up credits (purchased additionally, never expire). When an Action is performed, plan credits are used first, then top-up credits.
- 1.5. Plan means the scope of Service functionality provided to the Licensee; the list of plans is published at https://clipmaker.org/pricing.
- 1.6. Source video means a video file or a link to a video specified by the Licensee for processing.
- 1.7. Account means a record in the Service's system identifying the Licensee.
2. Subject of the Agreement
- 2.1. The Licensor grants the Licensee a simple (non-exclusive) licence to use the Service for its intended purpose via a web browser, without territorial restrictions.
- 2.2. The Service's functionality includes:
- automated analysis of a source video and creation of short vertical clips from it at the Licensee's request;
- automated processing (uniquification) of a video: changing the framing, playback speed, audio track and file metadata;
- a personal dashboard for creating jobs, tracking their progress and receiving the results.
- 2.3. The Service processes videos solely at the Licensee's request and does not search for, select or publish videos on its own. The Licensor does not post processing results on video platforms or social networks.
- 2.4. The Licensor may change the Service's functionality without materially reducing the functionality available to the Licensee at the time of the change.
3. Acceptance of the Offer
- 3.1. Any of the following constitutes full and unconditional acceptance of this offer: completing registration on the Website; starting to use the Service; making a payment.
- 3.2. By accepting the offer, the Licensee confirms that they are at least 18 years old, have read the Terms of Service and the Privacy Policy, and accept their terms.
4. Plans, Credits and Payment
- 4.1. The Service is provided under plans whose list, content and prices are published on the pricing page: Free and Start (paid, 990 roubles per billing period). The Licensor may change the content and prices of the plans unilaterally by publishing them on that page; a change does not apply to a billing period that has already been paid for.
- 4.2. A Plan gives the Licensee a certain number of plan credits (shown on the pricing page) that are spent on Actions. Plan credits are renewed at the start of each billing period, are not carried over to the next period and are non-refundable.
- 4.3. The Start plan is purchased for a billing period of 30 (thirty) calendar days and is activated once payment is confirmed. The Licensee renews it by paying again; the Licensor does not charge recurring payments automatically.
- 4.4. On a paid plan the Licensee may additionally purchase top-up credits in fixed packs (listed on the pricing page; one credit corresponds to one rouble). Top-up credits never expire and are used after plan credits. Top-up credits are not available on the Free plan.
- 4.5. The cost of each type of Action (in credits) is shown in the dashboard before a job is started. Credits are charged once the Action has been performed; if an Action is not performed for reasons attributable to the Licensor (a technical error of the Service), the charged credits are returned. Processing (uniquifying) a video costs 4 (four) credits for every started minute of the source video for each copy created; obtaining a video without processing is free of charge.
- 4.6. If there are not enough credits, a new Action is not started; results obtained earlier remain available to the Licensee.
- 4.7. On registration the Licensee receives a one-time welcome trial of 10 (ten) credits. They are provided to get acquainted with the Service, no more than once per account, are not renewed monthly, cannot be refunded or withdrawn, and may only be spent on Actions.
- 4.8. Plans and top-up credits are paid for in Russian roubles by bank card (and by other methods available on the payment page) through a payment service — a payment acceptance operator to whose page the Licensee is redirected when paying. The payment obligation is fulfilled once the payment service confirms the payment.
- 4.9. The fee is not subject to VAT: the Licensor applies the special tax regime “Professional Income Tax” and is not a VAT payer (Part 9, Article 2 of Federal Law No. 422-FZ of 27.11.2018). A receipt issued under Law No. 422-FZ is sent to the Licensee electronically.
5. Refunds
- 5.1. Credits (plan, top-up and welcome credits) are accounting units granting access to a digital Service and are provided to the Licensee immediately after payment. Payment for a plan for a billing period that has started and payment for top-up credits are non-refundable; spent credits are not returned either.
- 5.2. For payment-related requests, the Licensee sends an application from the e-mail address linked to the account (or specifying the account ID) to support@clipmaker.org. Refunds in cases provided for by Russian law are made using the same method that was used for payment.
- 5.3. A refund, where provided for by Russian law, is made within 10 (ten) business days of receiving the application.
6. Term of the Agreement
- 6.1. The Agreement is valid from acceptance until the Licensee's account is deleted.
- 6.2. The Licensee may request deletion of the account at any time by writing to support@clipmaker.org. The account is deleted within 30 (thirty) days.
- 6.3. The Licensor may terminate the Agreement and block the account if the Licensee breaches the Agreement, the Terms of Service or Russian law. Unspent credits are not refunded in this case.
7. Rights to Videos and the Licensee's Responsibility
- 7.1. Before creating each job, the Licensee must make sure they hold the rights to the source video — they are its rights holder, or have obtained the rights holder's consent to adapt and further use it, or such use is permitted by law. The Service only automates technical processing at the Licensee's request and does not check the legal status of source materials.
- 7.2. The Licensee bears full responsibility for the lawfulness of processing and further use of the results (including compliance with exclusive rights, rights to people's images, and laws on information and advertising). The Licensee undertakes to settle any third-party claims related to materials processed at their request and to compensate the Licensor for losses caused by such claims.
- 7.3. The Licensee independently complies with the rules of the video platforms and social networks where they post the results and bears the risk of measures those platforms may take against their accounts. The Licensor is not a party to the Licensee's relations with such platforms.
- 7.4. The Licensee may not: resell or transfer access to third parties; reverse engineer the Service; scrape the Service's data; process materials containing information prohibited by Russian law, or pornographic or extremist materials.
8. Limitation of the Licensor's Liability
- 8.1. The Service is provided “as is”. The Licensor does not guarantee uninterrupted operation of the Service, a specific quality of the processing result, or that it meets the Licensee's subjective expectations.
- 8.2. The Licensor does not guarantee that any video platform will treat the result in a particular way, that it will pass the platform's automated checks, or that it will bring the Licensee reach, views or other metrics.
- 8.3. The Licensor is not liable for failure to perform obligations due to actions of third parties (video platforms, payment services, hosting and internet providers) or force majeure, including DDoS attacks.
- 8.4. The Licensor's total liability is limited to the amount actually paid by the Licensee for Actions during the last 30 days.
9. Changes to the Terms
- 9.1. The Licensor may change the terms of this offer unilaterally. The new version takes effect when published on the Website. The Licensee undertakes to check the current version at least once every 14 days. Continued use of the Service means acceptance of the new version.
10. Dispute Resolution
- 10.1. The Agreement is governed by the law of the Russian Federation. A pre-trial claim procedure is mandatory; the response time for a claim is 30 (thirty) calendar days. If no agreement is reached, the dispute is referred to court in accordance with Russian law.
- 10.2. Correspondence using the e-mail addresses specified in the Agreement and in the account is recognised by the parties as legally significant.
11. Licensor's Details
Alexey Nikolaevich Kornilov
Self-employed (Professional Income Tax, Federal Law No. 422-FZ of 27.11.2018)
Taxpayer ID (INN): 132301545821
Website: https://clipmaker.org
E-mail: support@clipmaker.org
Phone: +7 926 372-61-44