Terms of use
A legal disclaimer
These Terms of Use (“Terms”) settles the terms and conditions under which you may access and use this Website and/or application and/or other future platforms offered by Company (“Website”), which is provided and made available to you by threedarray and its affiliates as set forth below (“Company”, “threedarray”, “we”, “our”, “us”)
1. Opening an account
In order to use the Company’s services and its' various licenses for using the Assets as specified in these Terms and in the License, you are required to (i) open an account in the Website, (ii) provide us with your accurate and full details (such as name, email address, phone number, payment method when relevant), including your Channels URL’s if you purchased a Social Creator License, and (iii) pay any applicable fees and taxes, except in case of a free account. You are forbidden from providing us a nonexistent email address or an email address which does not belong to you, impersonating another person or entity, or misleading us in any other way regarding your identity or your payment method password), and you will bear full and exclusive liability for all activities in your account. You must inform us immediately of any unauthorized use of your account.
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In case you purchase a Enterprise Team subscription, you will be required to provide us the relevant details for the access by all users under such subscription and the following will apply:
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Each entity or person purchasing a Team subscription (“Team Account”) shall select a person to register the Team Account (“Admin”) which shall act as its authorized representative and any decision or action made by the Admin is deemed as a decision or action of that entity or person. An Admin possess important privileges and controls over the use of the Team Account, including, without limitation: (i) control Admin and the Team Account users use of the Team Account; (ii) purchase, upgrade or downgrade the subscription; (iii) create, monitor or modify Team Account users’ actions and permissions; (iv) add, substitute or remove Team Account users from the Team Account. An Admin can be replaced only subject to the provision of the necessary information/documentation to the Company’s support team.
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The entity or person purchasing the Team Account is solely liable and responsible for understanding and controlling the settings of and access to the Team Account, including without limitation, the specific rights granted to the Admin. The entity or person purchasing the Team Account is responsible for the activities of all of its’ users, even if they are not part of its’ organization or domain. Furthermore, the entity or person purchasing the Team Account acknowledges that any action taken by the Admin or any Team Account users, is deemed by Company as an authorized action by it, hence it shall have no claim in this regard.
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2. Sanctioned Countries
The Company is committed to complying with the sanctions laws and regulations of the United States, the EU and Brazil. Accordingly, we will not trade with or provide any services to sanctioned countries or individuals/entities named on a sanctions list.
3. Privacy Policy
We really care about your privacy and we make our best efforts to be fully transparent about our use of your information. Please review our Privacy Policy to learn how we collect and use your personal information and cookies.
4. Term, Renewal & Termination
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These Terms and the Privacy Policy will apply to you as long as you access the Website. The License will remain in effect for an indefinite term and you will be charged at the start of each billing cycle, according to your subscription terms. You will be automatically charged for additional similar periods, unless you notify us of your intention not to continue within 14 calendar days before the beginning of the next billing cycle. Upon beginning of the new billing cycle, the payment method you provided us will be automatically charged for the applicable period fees and will only be refunded pursuant to our Refund Policy below.
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Upon termination of the Agreement for any cause whatsoever, the rights granted to you under these Terms or the License will automatically expire, and you hereby undertake to immediately cease accessing, downloading and using any Assets, except as allowed under the License.
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You can terminate your subscription at any time by contacting our Customer Support / using the cancellation feature in your account. If you do so, your subscription will be terminated at the end of your current billing period, and you will not be charged thereafter. Until then, you will continue to have access to threedarray services under this Agreement.
5. Switching between Subscription Plans
You can switch between threedarray subscription plans, by accessing your account settings or by contacting our Customer Support team.
6. Payments and Billing
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Payment methods and processing. Payments may be processed through third-party payment methods which threedarray makes available. You must provide accurate billing information, and promptly update any changes to it (such as card numbers and address). If you are paying via credit or debit card, based on the billing address provided by you, payments shall be processed by the relevant threedarray entity, and applicable law shall apply to such processing.
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Taxes. The tax treatment applied to each transaction will be based on the applicable laws and regulations that apply to that transaction.
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Refund Policy.
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You will only be entitled to receive a refund for any fees paid to us if (1) you cancel your subscription within 14 calendar days from the date of its purchase and/or renewal (“Refund Period”) and (2) you did not download or generate any Assets during such Refund Period and/or used the Tools and exported a video you edited with the Tools. You hereby understand and agree that you will not be entitled to any refunds if: (i) you do not ask the Company for refund during the Refund Period; or (ii) you download any Asset from the Website during the Refund Period.
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Notwithstanding the foregoing, if you are a consumer as defined under applicable consumer protection laws, and such laws grant you a mandatory right to cancel your subscription and obtain a refund—including, where applicable, the right to cancel with immediate effect and receive a prorated refund or any other form of reimbursement—please contact our support team. For the avoidance of doubt, to the extent that no relevant consumer rights apply under the laws of your jurisdiction, Section 6.c.a shall govern and prevail.
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For the avoidance of doubt, this Section 6 does not apply to trial accounts, and therefore, if you are a subscriber with a trial account, you will not be entitled to any refund.
7. Intellectual property rights
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All the information, the Assets, the Tools and contents made available through the Website and the services offered by the Company, including, without limitation of any text, illustrations, graphics, sound, sound recording, musical works, clips, graphic segments, software applications, graphs, video templates, Company’s name, trademarks and logos, including without limitation those used in the Website, are protected by copyrights and intellectual property rights of the Company or of its artists (“Proprietary Content”).
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You are forbidden from using the Company’s name, trademarks and logos, including without limitation those used in the Website. Moreover, as further specified in the License, you are forbidden from using the original Assets names and/or the artists names or artistic names.
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You are forbidden from accessing the Website or any Proprietary Content using any automated means or technology, such as robots, botnets, spiders, crawlers or scrapers, to extract, monitor, copy or collect information or data.
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You are forbidden from using any Proprietary Content and/or data and/or information and/or the Website for purposes of machine learning and/or Artificial Intelligence (“AI”) training, and/or for creation of generative AI outputs and any similar acts.
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You hereby acknowledge and confirm that you do not and will not have any ownership and/or intellectual property rights in the Proprietary Content and/or recordings and/or the Assets and/or the contents of the Website and/or the Website’s trademarks and its design, and that your right is restricted to the limited rights granted to you in these Terms and in the License.
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The Agreement grants you an authorization to use the Website and the Assets strictly in accordance with the provisions of the Agreement and is conditioned by your undertaking not to violate or be involved in any activities that violate any terms of the Agreement, and specifically in activities which cause the violation of intellectual property rights and/or deviation from the provisions of the License.
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You may not create derivative works, reverse engineer, decompile, or disassemble any part of any source code contained within the Website, the Tools or any of the Proprietary Content, including the video templates or avoid, bypass, remove or impair any technological measure that limits access to them. You cannot attempt to discover the source code of the Tools.
8. Copyright Infringement Notification Policy
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We are committed to protecting intellectual property rights. If you believe that any assets violate your copyrights or other intellectual property rights, please refer to our Copyright Infringement Notification Policy for further instructions.
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Upon receiving notice of potential copyright or other rights infringement, we reserve the right, at our sole discretion, to remove the affected assets from the Website or take any other actions we consider appropriate, without prior notice.
9. Company’s rights in case of a violation on your behalf
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You hereby acknowledge that any unauthorized use by you and/or by anyone on your behalf of any of the Assets or the Website or in a manner deviating from the conditions of the Agreement, constitute a breach of the Agreement as well as a violation of the copyright laws, and the Company and anyone on its behalf have the full right to exercise all rights and remedies available to it by law in such case. To the extent the violation is done by a third-party using Assets that were downloaded by you or using your subscription (for example: your employees, contractors, clients), then you are responsible for such a violation and you are required to take all possible actions to immediately cease the violation.
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The Company will be entitled, among other remedies, at its exclusive discretion and without any prior notice, to block your access to the Website and/or its services, temporarily or permanently, in case you violate any applicable law and/or any terms of the Agreement, or in case of an interruption of the Company’s or its Website’s regular activity, and you will have no claim or demand in this regard.
10. Exemption from liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (I) THE WEBSITE, AI SERVICES, AI OUTPUTS, ASSETS AND SERVICES PROVIDED BY THE COMPANY ARE PROVIDED ‘AS-IS’ AND‘AS AVAILABLE’WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, TO THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR TRADE USAGE, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW; (II) COMPANY DOES NOT WARRANT THAT THE WEBSITE OR ITS’SERVICES WILL BE UNINTERRUPTED OR IMMUNE TO DAMAGE, MALFUNCTIONS, DEFECTS OR FAILURES IN THE HARDWARE, SOFTWARE, COMMUNICATION SYSTEMS AND LINES, AT THE WEBSITE OR AT ANY OF ITS SUPPLIERS; (III) COMPANY WILL BEAR NO LIABILITY IN CASE ANY OF THE ASSETS OR AI SERVICES ARE NOT AVAILABLE ON THE WEBSITE, FOR ANY REASON WHATSOEVER, DURING THE TERM OF THE AGREEMENT; (IV) COMPANY WILL BEAR NO LIABILITY IN ANY MANNER FOR THE USE OF ANY OTHER ADDITIONAL CONTENTS WHICH YOU MAY INTEGRATE IN THE PROJECTS AND YOU WILL SOLELY BEAR FULL AND EXCLUSIVE LIABILITY FOR USING THEM; (V) COMPANY RESERVES THE RIGHT TO REMOVE AND/OR ADD ASSETS TO THE WEBSITE AT ANY TIME AT ITS SOLE EXCLUSIVE DISCRETION AND YOU SHALL HAVE NO CLAIMS IN THIS REGARD; (VI) COMPANY WILL BEAR NO LIABILITY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, AND EXEMPLARY DAMAGE, PECUNIARY OR OTHER, WHICH YOU MIGHT INCUR AS A RESULT OF: (1) YOUR USE, OR INABILITY TO USE THE WEBSITE, THE LEARNING MATERIALS, THE SERVICES, AI SERVICES, AI OUTPUTS OR ANY WEBSITES LINKED TO IT; (2) CHANGES COMPANY MAY MAKE TO THE WEBSITE AND SERVICES, ALL OR ANY OF THEM; (3) CEASING, TEMPORARILY OR PERMANENTLY, THE PROVISION OF ITS SERVICES, ALL OR ANY OF THEM; (4) CHANGING, ADDING OR REMOVING ANY OF THE SERVICES’ CHARACTERS OR PROPERTIES, ALL OR ANY OF THEM; (5) CHANGING, ADDING OR REMOVING ANY CONTENTS, RECORDINGS OR ASSETS FROM THE WEBSITE, ALL OR ANY OF THEM; (VII) COMPANY, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS OR AGENTS, WILL BEAR NO LIABILITY FOR ANY KIND OF DAMAGE IN CONNECTION WITH ANY CLAIM, LOSS OR DAMAGE ARISING UNDER OR OUT OF THIS AGREEMENT.
11. Indemnification
You hereby undertake to indemnify the Company, its subsidiaries, affiliates, licensors, employees, officers, directors, agents, service providers and artists and anyone on their behalf for any argument, claim, damage, loss, loss of profit, payment or expense (inclusive of lawyer’s fee and legal expenses) that might arise due to your use of the Company’s Site and services, your breach of the provisions of the Agreement or any use you make of Company’s services in violation of any applicable law or third-party rights.
12. Third Party Services
WHEN SUBSCRIBING OR USING COMPANY’S SERVICES, YOU MAY ALSO BE USING THE SERVICES OF ONE OR MORE THIRD PARTIES, SUCH AS INTERNET OR PAYMENT SERVICES PROVIDERS OR PLATFORMS IN WHICH YOU UPLOAD YOUR PROJECTS (EX: YOUTUBE, FACEBOOK, ETC). SUCH THIRD PARTIES MIGHT HAVE THEIR OWN TERMS OF USE, AGREEMENTS AND POLICIES WHICH MAY APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY SUCH THIRD PARTY SERVICES AND TERMS NOR FOR THE COMPLIANCE WITH THEM. WE STRONGLY ENCOURAGE YOU TO CAREFULLY READ ANY SUCH THIRD PARTY TERMS OF USE AND POLICIES AND MAKE SURE YOU COMPLY WITH THEM
13. Amendments to these Terms & Fees
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The Company has the right to change the conditions of these Terms, the License and the Privacy Policy from time to time at its exclusive discretion. Upon making the changes, the new version of the Terms, License and/or Privacy Policy will be posted on the Website. You are advised to check for updates regularly. In the event of material changes, we might provide you with a notice. If you do not agree to the changes in any such terms, you must cease accessing and using the Site and Company’s services and cease downloading Assets. By continuing to access or use the Website, the services and the Assets you agree to be bound by the updated version of the Agreement, which will apply to you in its entirety.
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Company has the right to change, modify, cancel or discontinue any service, tool, benefit, feature and/or functionality offered by it on the Website, at its sole discretion. In the event of material changes, we may provide you with a notice.
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We may change our subscription plans and their prices from time to time (including due to applicable tax changes). In such cases, we will notify you in advance and such change will only apply to you by your next billing cycle.
14. Assignment
You hereby undertake to indemnify the Company, its subsidiaries, affiliates, licensors, employees, officers, directors, agents, service providers and artists and anyone on their behalf for any argument, claim, damage, loss, loss of profit, payment or expense (inclusive of lawyer’s fee and legal expenses) that might arise due to your use of the Company’s Site and services, your breach of the provisions of the Agreement or any use you make of Company’s services in violation of any applicable law or third-party rights.
15. Notices
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You hereby agree that we will be able to send you email messages referring to the Company’s services and other various subjects, inclusive with regards to benefits granted to the Company’s subscribers. If you do not want to receive our promotional or marketing emails, you can withdraw your consent at any time following the instructions in our Privacy Policy
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Notices according to the Agreement will be given in writing and be sent by email according to the email address you specified in the registration form. Any delivery of a notice by email as stated above will be considered a lawful delivery.
16. threedarray Entity
The threedarray entity with which you are contracting under this Agreement depends on where you are domiciled. Unless otherwise indicated: (i) if you are domiciled in the United States you are contracting with threedarray LLC located at 3972 Barranca Parkway - Unit M, Irvine, California - United States; (ii).
17. General
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You bear responsibility for payment of all taxes and expenses applying to you in connection with the Agreement and/or your use of the Assets, to the extent such may apply. In the event the Company is required to pay any such taxes and expenses on your behalf, we will be entitled to charge you for any such amounts.
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The Agreement constitutes the entire agreement between you and the Company with respect to your access and use of the Website, the Assets and the Company’s services and any prior or future agreement and/or undertaking and/or declaration not specifically included in the Agreement will not be valid. You hereby waive in advance any claim according to which the Agreement was changed and/or amended and/or canceled by conduct or by any correspondence between you and Company or anyone on its behalf.
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If and to the extent any provision of the Agreement is decided by court to be invalid, illegal or unenforceable, it will not derogate from the validity of the other provisions of the Agreement.
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In the event you have any question regarding these Terms, the Website or our services, you can contact our Customer Support here.
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The following paragraphs shall survive the expiration or termination of this Agreement: indemnification, exemption of liability, intellectual property rights, assignment, governing law and general terms.
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These Terms do not affect your statutory rights.
18. Governing Law & Arbitration
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to any conflict-of-law principles that would result in the application of the laws of another jurisdiction.
Any dispute, claim, or controversy arising out of or relating to this Agreement, including the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Los Angeles County, California, in the English language. Judgment on the arbitration award may be entered in any court having jurisdiction.
Each party agrees to waive any right to a jury trial or to participate in a class action, and understands that arbitration is the exclusive remedy for resolving disputes under this Agreement.