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VIDEOFORMULA.AI TERMS OF USE

Effective Date: September 3, 2026
Last Updated: September 3, 2026

These Terms of Use ("Terms") constitute a legally binding agreement between you and Intermarket Media Group, doing business as VideoFormula.ai ("VideoFormula," "we," "us," or "our"), concerning your access to and use of:

  • VideoFormula.ai and other websites that link to these Terms;

  • the VideoFormula desktop application;

  • VideoFormula user and administrative consoles;

  • VideoFormula APIs;

  • video-analysis functionality;

  • Formulas;

  • Formula comparisons;

  • Blueprints;

  • reference-image and creative-generation functionality;

  • Video Inbox functionality;

  • Product/Service and Format libraries;

  • artificial-intelligence functionality;

  • licenses, AI credits, billing, support, and related services; and

  • any other VideoFormula product or service that links to these Terms,

collectively, the "Services."

PLEASE READ THESE TERMS CAREFULLY.

THESE TERMS CONTAIN IMPORTANT PROVISIONS AFFECTING YOUR LEGAL RIGHTS, INCLUDING DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, INDEMNIFICATION OBLIGATIONS, AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AN AGREEMENT TO RESOLVE CERTAIN DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

THESE TERMS ALSO INCLUDE, TO THE EXTENT PERMITTED BY LAW, A WAIVER OF THE RIGHT TO PARTICIPATE IN CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTIONS AND A WAIVER OF THE RIGHT TO A JURY TRIAL.

PLEASE REVIEW SECTION 37, DISPUTE RESOLUTION, ARBITRATION, CLASS-ACTION WAIVER, AND JURY-TRIAL WAIVER, CAREFULLY.

If you do not agree to these Terms, do not access or use the Services.

1. WHO WE ARE

VideoFormula provides software and artificial-intelligence-assisted tools designed to analyze video content, identify creative and advertising structures and techniques, generate structured analysis known as "Formulas," compare Formulas, generate "Blueprints" for creating new video content, generate reference materials, and provide related creative-analysis and production-planning functionality.

The Services are provided by:

Intermarket Media Group
d/b/a VideoFormula.ai
354 State Street Ste 105
Hackensack, NJ 07601
United States

Legal inquiries: support@videoformula.ai

Support: support@videoformula.ai
VideoFormula Support/Contact Form

2. ACCEPTANCE OF THESE TERMS

By creating an account, downloading or installing the VideoFormula desktop application, purchasing a license or AI credits, submitting content, accessing an authenticated portion of the Services, clicking a button indicating acceptance, or otherwise using the Services after being presented with these Terms, you agree to be bound by these Terms.

If you use VideoFormula on behalf of a company, organization, agency, employer, client, or other legal entity, you represent and warrant that:

  1. you have authority to bind that entity to these Terms;

  2. you accept these Terms on behalf of that entity; and

  3. references to "you" include both you individually and that entity where applicable.

If you do not have such authority, you may not bind another person or entity to these Terms.

3. ELIGIBILITY

You may use VideoFormula only if you are legally capable of entering into a binding contract.

You must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater, unless VideoFormula expressly provides a different age requirement for a particular Service.

The Services are not directed to children.

You may not use the Services if:

  • applicable law prohibits you from receiving or using the Services;

  • your account has previously been terminated for violation of these Terms and VideoFormula has not authorized your return;

  • your use would violate sanctions, export-control, or trade laws applicable to VideoFormula; or

  • you are accessing the Services for an unlawful purpose.

4. CHANGES TO THESE TERMS

We may modify these Terms from time to time.

When we make changes, we may update the "Last Updated" date and provide additional notice where required by applicable law.

Material changes may be communicated through the Services, by email, through the desktop application, during login, or by another reasonable method.

Where applicable law requires affirmative consent to a material change, we will request it.

Your continued use of the Services after revised Terms become effective constitutes acceptance to the extent permitted by applicable law.

5. VIDEOFORMULA ACCOUNTS

Certain functionality requires a VideoFormula account.

You agree to:

  • provide accurate information;

  • maintain accurate account information;

  • maintain control over your email account and other authentication methods;

  • protect authentication credentials;

  • prevent unauthorized use of your account;

  • promptly notify us if you suspect unauthorized access; and

  • comply with authentication and security procedures.

You are responsible for activity occurring through your account to the extent permitted by law, including activity performed by persons to whom you intentionally provide access.

You may not:

  • sell accounts;

  • rent accounts;

  • transfer accounts without authorization;

  • share credentials for the purpose of circumventing licensing restrictions;

  • impersonate another person;

  • create accounts using false identities;

  • circumvent account suspensions; or

  • create accounts primarily to abuse free usage allowances.

We may require account or email verification.

6. AUTHENTICATION AND SECURITY

VideoFormula may use authentication methods including email verification codes, third-party authentication providers, session cookies, bearer tokens, device identifiers, or other authentication technologies.

You authorize VideoFormula to use reasonable security procedures to authenticate requests associated with your account.

No authentication system is completely secure.

You are responsible for maintaining reasonable security over devices and accounts you use to access VideoFormula.

If you believe your account or API credentials have been compromised, you should promptly secure the affected account and notify VideoFormula.

7. DESKTOP APPLICATION

VideoFormula may provide downloadable desktop software.

Subject to these Terms and any applicable license terms presented with the software, VideoFormula grants you a limited, personal or internal-business, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the desktop application for its intended purpose.

Except where applicable law expressly permits otherwise, you may not:

  • copy the application except for permitted backup purposes;

  • sell, rent, lease, sublicense, or redistribute it;

  • reverse engineer it;

  • decompile it;

  • disassemble it;

  • attempt to derive source code from it;

  • modify executable components;

  • bypass technical restrictions;

  • circumvent licensing mechanisms;

  • remove proprietary notices;

  • use the application to develop a competing product through unauthorized extraction of proprietary functionality; or

  • interfere with application security or update mechanisms.

Nothing in these Terms limits rights that applicable law does not permit us to restrict.

8. SOFTWARE UPDATES

VideoFormula may release:

  • security updates;

  • maintenance releases;

  • bug fixes;

  • compatibility updates;

  • feature updates;

  • recommended updates; and

  • required updates.

Certain updates may be necessary to continue accessing server-connected functionality.

Older versions may become unsupported.

VideoFormula does not guarantee that every previous version of the desktop application will remain compatible indefinitely with the Services, operating systems, AI providers, third-party platforms, or APIs.

Where a purchase includes updates for a specified period, entitlement to future updates is governed by the terms applicable to that purchase.

A perpetual or lifetime license to a particular licensed product does not necessarily constitute a perpetual right to all future major versions, services, cloud functionality, third-party functionality, or updates unless expressly stated at purchase.

9. LICENSES AND PURCHASED SOFTWARE RIGHTS

VideoFormula may offer paid software licenses.

The exact license type, price, included update period, device rights, and other terms applicable to a purchase will be disclosed at or before checkout.

Unless otherwise expressly stated, purchasing a license:

  • does not transfer ownership of VideoFormula software;

  • does not transfer intellectual-property rights;

  • does not grant rights to VideoFormula source code;

  • does not guarantee indefinite operation of third-party integrations;

  • does not include unlimited AI usage;

  • does not include third-party provider charges; and

  • does not authorize resale or redistribution.

AI functionality may require VideoFormula AI credits, your own third-party API credentials, or another supported payment method even when you possess a paid VideoFormula software license.

10. FREE USE, TRIALS, AND PROMOTIONAL ALLOWANCES

VideoFormula may provide free analyses, trial functionality, promotional credits, discounted access, or other promotional benefits.

Unless expressly stated otherwise:

  • free usage has no cash value;

  • promotional credits are non-transferable;

  • promotional benefits may expire;

  • free allowances may be limited per person, account, household, device, organization, IP address, payment method, or other reasonable anti-abuse identifier;

  • free allowances may not be combined;

  • promotional programs may be modified or discontinued; and

  • attempts to circumvent limitations may result in suspension or termination.

We may use reasonable anti-fraud and anti-abuse mechanisms to determine eligibility.

11. VIDEOFORMULA AI CREDITS

VideoFormula may offer prepaid credits used to pay for AI-enabled operations.

VideoFormula credits are internal service units. They are not cryptocurrency, stored-value bank accounts, securities, or legal tender.

Unless required otherwise by law:

  • credits cannot be redeemed for cash;

  • credits cannot be transferred between users without authorization;

  • credits may only be used for eligible VideoFormula functionality;

  • the number of credits required for an operation may vary;

  • different AI operations may consume different amounts;

  • pricing may vary based on provider, model, media duration, generated assets, input size, output size, or other usage factors; and

  • future credit pricing may differ from previous pricing.

Purchasing credits does not guarantee that every AI provider, model, or operation will remain available.

12. AI CREDIT RESERVATIONS AND SETTLEMENT

Certain AI operations may require VideoFormula to reserve an estimated number of credits before processing begins.

The actual amount consumed may differ from the reserved amount.

Where supported:

  • estimated credits may be reserved before an operation;

  • actual usage may be calculated after the operation;

  • consumed credits may be deducted;

  • unused reserved credits may be returned; and

  • failed operations may result in some or all reserved credits being returned according to the applicable billing logic.

Displayed estimates are estimates and may differ from final usage.

VideoFormula's server-side usage and transaction records will control billing calculations absent manifest error.

13. BRING YOUR OWN API KEY ("BYOK")

VideoFormula may allow you to use your own credentials for third-party AI services.

By providing third-party credentials, you authorize VideoFormula to use those credentials to make requests to the applicable provider on your behalf for operations you initiate.

You acknowledge that:

  • you must have authority to use the credential;

  • your relationship with the provider is governed by the provider's terms;

  • provider charges may be billed directly to you;

  • VideoFormula does not control provider pricing;

  • VideoFormula does not control provider rate limits;

  • VideoFormula does not control provider suspensions;

  • VideoFormula does not control provider data practices;

  • VideoFormula does not guarantee compatibility with every API account or provider configuration; and

  • you are responsible for provider-side usage restrictions and spending limits.

You should use provider-side security controls, spending caps, access restrictions, IP restrictions, project restrictions, or similar controls where available.

You must not provide API credentials that you are not authorized to use.

14. ARTIFICIAL INTELLIGENCE SERVICES

VideoFormula uses artificial intelligence and machine-learning systems.

AI functionality may be provided by VideoFormula, third-party providers, or combinations of systems.

You acknowledge that AI systems are probabilistic and may:

  • produce inaccurate information;

  • misunderstand source content;

  • omit relevant information;

  • generate inconsistent results;

  • incorrectly infer information;

  • hallucinate facts;

  • misclassify content;

  • produce undesirable output;

  • produce similar output for different users; or

  • fail entirely.

VideoFormula does not warrant that AI output is accurate, unique, complete, factual, commercially effective, legally compliant, or suitable for your intended purpose.

You are responsible for reviewing AI-generated output before using, publishing, distributing, relying upon, or commercially exploiting it.

15. FORMULAS

A "Formula" is VideoFormula's structured analysis of a source video, including observations or AI-generated conclusions concerning elements such as:

  • hooks;

  • structure;

  • scenes;

  • timing;

  • visual presentation;

  • editing;

  • audio;

  • voice;

  • calls to action;

  • advertising techniques;

  • formats;

  • creative patterns;

  • persuasive elements; and

  • related characteristics.

A Formula is analytical output.

It is not a guarantee that:

  • the analysis is correct;

  • identified techniques caused the source video's performance;

  • the source video was commercially successful;

  • using similar techniques will produce similar results;

  • the Formula is unique;

  • the Formula is free from third-party intellectual-property considerations; or

  • a video created using the Formula will perform successfully.

16. FORMULA COMPARISONS

VideoFormula may compare multiple Formulas and identify similarities, differences, patterns, scores, recommendations, or common creative characteristics.

Comparison scores and recommendations are analytical estimates.

They should not be interpreted as objective scientific measurements unless expressly stated otherwise.

VideoFormula does not guarantee that videos receiving similar scores will produce similar commercial results.

17. BLUEPRINTS

A "Blueprint" is a generated plan for creating new content using information such as:

  • one or more Formulas;

  • Product/Service information;

  • selected Formats;

  • user instructions;

  • creative settings;

  • prompts;

  • reference information; and

  • other available context.

Blueprints may contain:

  • scripts;

  • shot plans;

  • scene descriptions;

  • timing;

  • prompts;

  • visual directions;

  • production instructions;

  • suggested calls to action;

  • presenter guidance; and

  • other creative recommendations.

Blueprints are suggestions, not guarantees.

You are responsible for reviewing Blueprints for:

  • accuracy;

  • product claims;

  • advertising-law compliance;

  • intellectual-property issues;

  • rights of publicity;

  • regulatory requirements;

  • platform rules;

  • safety;

  • suitability; and

  • commercial effectiveness.

18. REFERENCE IMAGES AND GENERATED ASSETS

VideoFormula may generate reference images or other creative assets.

These materials are intended to assist creative production and may be used with external tools or production workflows.

Generated references may be inaccurate, inconsistent, incomplete, unrealistic, or unsuitable.

You are responsible for determining whether you have the right to use generated material for your intended purpose.

VideoFormula does not guarantee that generated content:

  • is unique;

  • is copyrightable;

  • does not resemble existing content;

  • is eligible for trademark protection;

  • is free from third-party rights;

  • accurately represents a real product;

  • complies with advertising laws; or

  • will be accepted by another AI or video-generation platform.

19. PERSONS DEPICTED IN CONTENT

VideoFormula may analyze persons appearing in videos or images.

Analysis may describe visible or audible characteristics relevant to creative production.

Unless expressly stated otherwise, VideoFormula is not intended to function as a facial-recognition, identity-verification, or biometric-identification service.

You may not use VideoFormula to unlawfully identify, track, profile, harass, discriminate against, impersonate, or exploit individuals.

You are responsible for obtaining any permissions, releases, consents, or other rights legally required for content you submit or create.

20. USER CONTENT

"User Content" means content, data, files, information, URLs, images, video, audio, text, Product/Service information, instructions, prompts, or other materials you submit to or through the Services.

As between you and VideoFormula, you retain whatever ownership rights you lawfully possess in your User Content.

You grant VideoFormula a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, modify technically, create technical derivatives of, display internally, and otherwise use User Content to the extent reasonably necessary to:

  • provide the Services;

  • perform requested processing;

  • synchronize information;

  • generate requested output;

  • maintain and secure the Services;

  • troubleshoot problems;

  • prevent abuse;

  • provide support;

  • comply with law; and

  • exercise rights granted under these Terms.

This license does not transfer ownership of your User Content to VideoFormula.

21. YOUR RESPONSIBILITY FOR USER CONTENT

You represent and warrant that you possess all rights, permissions, licenses, consents, and lawful authority necessary to submit User Content and authorize its processing as contemplated by these Terms.

You are responsible for User Content you submit.

You may not knowingly submit content where doing so violates:

  • copyright;

  • trademark rights;

  • trade-secret rights;

  • privacy rights;

  • publicity rights;

  • contractual obligations;

  • confidentiality obligations;

  • data-protection law;

  • criminal law; or

  • other applicable rights or laws.

The availability of a video or other content on the Internet does not necessarily mean you possess every legal right to download, reproduce, modify, analyze, distribute, or commercially use that content.

22. THIRD-PARTY VIDEO URLS AND PLATFORMS

VideoFormula may allow users to submit URLs from third-party websites or platforms.

VideoFormula may attempt to retrieve, inspect, download, process, or analyze content associated with a user-submitted URL.

You are solely responsible for ensuring your requested use is lawful and permitted.

VideoFormula does not represent that:

  • every URL can be processed;

  • every platform permits automated retrieval;

  • a particular integration will remain available;

  • downloaded content may be redistributed;

  • third-party platform restrictions will remain unchanged; or

  • VideoFormula's technical ability to retrieve content establishes your legal right to use it.

Third-party websites and platforms may modify their technology, APIs, access restrictions, authentication requirements, anti-automation systems, terms, or policies without notice.

Such changes may cause VideoFormula functionality to stop working temporarily or permanently.

23. VIDEO INBOX

Where offered, Video Inbox functionality may permit you to send, submit, receive, synchronize, or queue video URLs or related information for later retrieval or processing through a VideoFormula account or desktop application.

You are responsible for links and content submitted through your account, verified telephone number, email address, device, or other authenticated or verified communication method.

VideoFormula may reject, remove, quarantine, expire, or decline to process Video Inbox items that:

• are unsupported, malformed, expired, inaccessible, or technically incompatible;

• appear malicious, deceptive, abusive, or fraudulent;

• present a security, privacy, legal, intellectual-property, or operational risk;

• contain or point to prohibited content;

• exceed applicable usage, rate, or storage limits;

• originate from a telephone number, account, or sender that cannot be verified or associated with an authorized user; or

• otherwise violate these Terms or applicable law.

Video Inbox is a convenience feature and is not a permanent archival, messaging, or storage service. Items may expire or be deleted after a reasonable period, after processing, or when required for security, abuse prevention, maintenance, or legal reasons.

You are responsible for verifying that the correct URL or content is selected before analysis. VideoFormula is not responsible for a sender submitting the wrong link, a third-party platform changing the underlying content, or content becoming unavailable before retrieval.

24. PAYMENTS, BILLING, AND CHECKOUT

Paid Services may be offered through VideoFormula or through an authorized payment processor. Prices, currency, license terms, credit quantities, update entitlements, taxes, and other material purchase terms will be disclosed at or before checkout.

By submitting a purchase, you authorize VideoFormula and its payment processor to charge the payment method you provide for the amount shown at checkout, together with applicable taxes, fees, or other disclosed charges.

You represent that you are authorized to use the payment method and billing information supplied.

Payment processing may be governed by additional terms and privacy practices of the payment processor. VideoFormula generally does not receive or store complete payment-card numbers or card security codes.

A payment is not complete merely because a browser or application displays a success message. VideoFormula may rely on verified payment-processor records, webhook events, settlement information, and internal transaction records to determine whether a purchase has been completed, reversed, refunded, disputed, or charged back.

We may refuse, cancel, reverse, or manually review a transaction where we reasonably suspect fraud, abuse, unauthorized payment activity, pricing error, technical error, sanctions risk, duplicate fulfillment, or other irregularity.

25. REFUNDS, REVERSALS, CHARGEBACKS, AND CREDIT ADJUSTMENTS

Except where required by applicable law or expressly stated in a written refund policy or purchase offer, purchases are final and non-refundable once the applicable license, credits, or Services have been delivered or consumed.

If VideoFormula approves or is legally required to issue a refund, the corresponding license, credits, update entitlement, promotional benefit, or other purchased right may be reduced, revoked, suspended, or reversed to the extent associated with the refunded amount.

If credits attributable to a refunded transaction have already been consumed, VideoFormula may, to the extent permitted by law:

• reduce any remaining credits associated with the refunded purchase;

• apply future credit purchases or grants against an outstanding refunded-credit balance;

• suspend platform-funded AI operations until the account is restored to a non-negative or otherwise compliant state;

• require repayment or other reasonable resolution of the shortfall; or

• take another proportionate action necessary to prevent the user from retaining both the refunded purchase price and the consumed value.

A chargeback or payment dispute does not automatically entitle you to retain the associated license, credits, or Services. We may suspend affected paid functionality while a dispute is pending and may terminate or restrict an account for fraudulent, abusive, or bad-faith payment disputes.

Nothing in this Section limits refund, cancellation, cooling-off, chargeback, or consumer rights that cannot lawfully be waived.

26. SUBSCRIPTIONS, RENEWALS, AND FUTURE RECURRING SERVICES

VideoFormula may offer subscriptions, maintenance plans, update plans, or other recurring Services in the future. If a recurring product is offered, the recurring price, billing frequency, renewal terms, cancellation method, and any required renewal disclosures will be presented before purchase.

A recurring charge will not be imposed merely because these Terms mention subscriptions. Recurring billing applies only when you affirmatively enroll in an offering that clearly states it renews or recurs.

Where required by law, VideoFormula will provide renewal notices, cancellation mechanisms, consent records, and other recurring-billing disclosures.

Cancellation ordinarily stops future renewal charges but does not retroactively refund amounts already billed, except where required by law or expressly stated in the applicable offer.

27. TAXES

Prices may exclude sales tax, use tax, value-added tax, goods and services tax, withholding tax, or other governmental charges unless stated otherwise.

You are responsible for taxes applicable to your purchase or use of the Services, except taxes imposed on VideoFormula's net income. VideoFormula or its payment processor may calculate, collect, and remit taxes where required.

If you claim a tax exemption, you are responsible for providing valid documentation and for any tax liability resulting from inaccurate or invalid exemption information.

28. TIKTOK SHOP INTEGRATION

VideoFormula may allow you to connect a TikTok Shop Creator account and use information made available through TikTok Shop APIs to search for, identify, select, or import products for use with VideoFormula.

By connecting TikTok Shop, you authorize VideoFormula to access and process information within the permissions you approve for the purpose of providing the requested integration. You remain responsible for your TikTok Shop account, your eligibility to participate in TikTok Shop or affiliate programs, and compliance with TikTok's applicable terms, policies, product restrictions, advertising requirements, disclosure requirements, and other rules.

Product information obtained through TikTok Shop may change, become unavailable, contain errors, or differ from information displayed elsewhere. VideoFormula does not guarantee that a product is available to you, that you are eligible to promote it, that a commission or price will remain unchanged, or that TikTok will approve any content or transaction involving the product.

VideoFormula may use imported TikTok Shop product information in Product/Service records, Formulas, Blueprints, and related creative-planning functionality at your direction. Unless separately stated and authorized, the TikTok Shop integration does not cause VideoFormula to publish content to TikTok, create affiliate links, manage orders, process TikTok Shop payments, or fulfill products.

You may disconnect the TikTok Shop integration through available VideoFormula or TikTok controls. Disconnecting stops future access through the disconnected authorization but does not automatically delete content or records you previously created or imported. Account and data deletion are handled as described in the Privacy Policy and available account or support controls.

TikTok and TikTok Shop are third-party services. Their availability, APIs, permissions, eligibility rules, product catalog, affiliate programs, policies, and functionality are controlled by TikTok and may change independently of VideoFormula.

The Services may interoperate with or depend upon third-party products and services, including AI providers, payment processors, authentication providers, email and SMS providers, analytics services, advertising platforms, social networks, video platforms, operating systems, code-signing providers, hosting providers, and external creative-generation tools.

Third-party services are not controlled by VideoFormula. Their availability, pricing, functionality, terms, security, data practices, rate limits, policies, and technical requirements may change without notice.

VideoFormula is not responsible for third-party services, content, outages, suspensions, data practices, billing, or acts or omissions, except to the extent liability cannot lawfully be excluded.

Links or integrations do not constitute endorsement. Your use of a third-party service is governed by your agreement with that third party.

VideoFormula may add, replace, restrict, or discontinue a third-party provider or integration when reasonably necessary for security, cost, reliability, product quality, legal compliance, provider availability, or business reasons.

30. ACCEPTABLE USE AND PROHIBITED CONDUCT

You may use the Services only for lawful purposes and in accordance with these Terms.

You may not use, attempt to use, or assist another person in using the Services to:

• violate any applicable law, regulation, court order, contractual duty, intellectual-property right, privacy right, publicity right, or other legal right;

• upload, retrieve, analyze, generate, distribute, or facilitate content where you lack the required rights, authority, consent, or lawful basis;

• infringe, misappropriate, or unlawfully exploit copyrights, trademarks, trade secrets, confidential information, or rights of publicity;

• impersonate another person or falsely suggest endorsement, sponsorship, affiliation, or authorization;

• harass, threaten, stalk, exploit, discriminate against, unlawfully profile, or invade the privacy of another person;

• identify or authenticate real individuals through facial recognition, voiceprints, or other biometric identification unless VideoFormula expressly provides and lawfully supports such functionality;

• create or distribute unlawful deceptive advertising, fraudulent claims, scams, phishing, malware, or other harmful content;

• interfere with, disrupt, overload, disable, damage, or impair the Services or infrastructure;

• circumvent authentication, licensing, credit, billing, usage, rate, security, geographic, platform, or technical restrictions;

• probe, scan, test, exploit, or attempt to bypass vulnerabilities or security controls without prior written authorization;

• introduce malware, malicious code, destructive payloads, credential-stealing code, or other harmful material;

• use automated means to scrape, extract, copy, index, harvest, or access the Services except through an authorized interface or API;

• reverse engineer, decompile, disassemble, derive source code from, or discover non-public underlying components except where applicable law expressly permits such activity notwithstanding this restriction;

• use the Services to benchmark, replicate, train, or develop a competing product through unauthorized extraction of proprietary prompts, rules, datasets, formats, scoring methods, interface behavior, or other non-public VideoFormula materials;

• resell, sublicense, rent, time-share, bureau, or provide the Services to third parties except as expressly authorized;

• create accounts, devices, identities, transactions, or requests intended primarily to evade free-use, promotional, billing, or enforcement limits;

• submit false abuse reports, fraudulent privacy requests, fraudulent payment disputes, or other deliberately deceptive requests;

• access another user's account, data, Formula, Blueprint, Product/Service record, API credential, or other private material without authorization; or

• use the Services in any manner that VideoFormula reasonably determines creates material security, legal, abuse, infrastructure, or reputational risk.

29.1 API and Automated Access

If VideoFormula provides an API or other authorized automated interface, you may use it only in accordance with applicable documentation, credentials, scopes, rate limits, and usage restrictions. We may revoke or rotate credentials, modify rate limits, or restrict API access to protect the Services or enforce these Terms.

29.2 Security Research

Nothing in these Terms authorizes security testing against production systems. If VideoFormula publishes a vulnerability-disclosure or security-research policy, qualifying research must comply with that policy.

31. VIDEOFORMULA INTELLECTUAL PROPERTY

VideoFormula and its licensors own all right, title, and interest in and to the Services and VideoFormula materials, including software, source code, object code, websites, APIs, interfaces, designs, graphics, logos, trademarks, service marks, documentation, prompts, prompt frameworks, system instructions, schemas, scoring methods, comparison methods, predefined Formats, rule sets, workflows, templates, compilations, databases, and other proprietary materials, except for User Content and third-party materials.

These Terms grant only the limited rights expressly stated. No rights are granted by implication, estoppel, or otherwise.

You may not remove or alter copyright, trademark, attribution, proprietary, or other legal notices included in the Services.

30.1 Open-Source and Third-Party Components

The desktop application or other Services may include open-source or third-party software governed by separate license terms. Those separate licenses control with respect to the applicable components and may grant rights that differ from these Terms.

30.2 VideoFormula Marks

VideoFormula.ai, VideoFormula, associated logos, trade dress, and related marks are owned by VideoFormula or its licensors. These Terms do not grant you a right to use VideoFormula marks except as necessary to truthfully identify the Services or as separately authorized in writing.

32. OWNERSHIP AND USE OF OUTPUTS

Subject to these Terms, your payment obligations, applicable law, and third-party rights, VideoFormula does not claim ownership of the substantive AI-generated output created specifically for you merely because it was generated through the Services.

To the extent VideoFormula has transferable rights in a user-specific generated output, VideoFormula assigns those rights to you upon generation, excluding all VideoFormula Materials, underlying software, prompts, rule sets, predefined Formats, templates, methods, systems, and other proprietary components that may be reflected in or used to produce the output.

This provision does not guarantee that an AI-generated output is copyrightable, protectable, exclusive, non-infringing, or owned by any person under applicable law.

31.1 Similar or Identical Outputs

Because AI systems, creative structures, advertising techniques, and common formats are not necessarily unique, VideoFormula or its providers may generate the same or similar content, ideas, structures, language, prompts, images, or recommendations for other users. You do not obtain exclusive rights merely because an output was generated for you.

31.2 Third-Party Rights

Your rights in an output are subject to any rights contained in User Content, source videos, third-party materials, trademarks, copyrighted works, likenesses, music, platform content, or other materials used to create or inform the output.

31.3 No Transfer of Source-Content Rights

A Formula or Blueprint derived from a source video does not transfer ownership of the source video or any third-party rights contained in that source video.

33. FEEDBACK, SUGGESTIONS, AND PRODUCT INPUT

If you voluntarily provide feedback, ideas, suggestions, feature requests, bug reports, recommendations, or other product input about VideoFormula (collectively, "Feedback"), you grant VideoFormula a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use, reproduce, modify, distribute, commercialize, and otherwise exploit the Feedback for any lawful purpose without restriction or compensation to you.

This Feedback license does not grant VideoFormula ownership of your private User Content merely because the content is discussed in a support request.

VideoFormula respects intellectual-property rights. If you believe material hosted or controlled by VideoFormula infringes your copyright or other intellectual-property rights, you may submit a notice to legal@videoformula.ai or another designated rights-contact method we publish.

A notice should provide sufficient information for us to identify the work or right claimed to be infringed, identify the allegedly infringing material, contact the complaining party, and evaluate the claim.

We may remove or disable access to material, suspend repeat infringers, preserve relevant records, request additional information, or take other action where appropriate.

Where the U.S. Digital Millennium Copyright Act applies and VideoFormula designates a DMCA agent, notices must satisfy applicable statutory requirements. We may publish separate DMCA procedures and agent information.

Submitting a knowingly false infringement notice may create legal liability.

35. ADVERTISING, AFFILIATES, REFERRALS, AND PROMOTIONS

VideoFormula may advertise its Services and may operate affiliate, creator, referral, promotional, or partner programs.

Participation may be subject to separate program terms, eligibility requirements, disclosure obligations, commission rules, fraud controls, attribution rules, and payment thresholds.

You may not make false or misleading claims about VideoFormula, bid on prohibited brand terms where program rules forbid it, engage in cookie stuffing, self-referrals, fake conversions, deceptive endorsements, spam, undisclosed paid endorsements, or other abusive promotional practices.

VideoFormula may withhold, reverse, or deny referral or affiliate compensation associated with fraud, refunds, chargebacks, duplicate attribution, prohibited conduct, or ineligible transactions, subject to applicable law and the applicable program terms.

36. PRIVACY, DATA PROTECTION, AND BUSINESS DATA

Our Privacy Policy explains how VideoFormula collects, uses, stores, discloses, and otherwise processes personal information. The Privacy Policy is incorporated into these Terms by reference to the extent permitted by applicable law.

By using the Services, you acknowledge that processing may occur as described in the Privacy Policy, including processing by AI providers, payment providers, hosting providers, analytics providers, advertising providers, communications providers, and other service providers as applicable.

35.1 Business Customers and Data Processing Agreements

If you use VideoFormula on behalf of a business and direct us to process personal information for which that business is the controller or business, a separate Data Processing Agreement ("DPA") may apply where required by law or agreed by the parties. A signed DPA controls over these Terms regarding the specific processor or service-provider obligations it addresses.

You are responsible for providing legally required notices, obtaining necessary consents, establishing a lawful basis, and responding to privacy rights for personal information you direct VideoFormula to process, except to the extent those obligations are expressly allocated to VideoFormula by law or a DPA.

35.2 Confidential and Sensitive Information

Unless a feature specifically requires it, do not submit highly sensitive information such as passwords, full payment-card data, government identification numbers, private cryptographic keys, medical records, or other information whose disclosure could create substantial harm.

37. SUSPENSION, RESTRICTION, AND TERMINATION

You may stop using the Services at any time. You may request account deletion through available account or privacy mechanisms, subject to retention required or permitted by law.

VideoFormula may suspend, restrict, disable, or terminate access to some or all Services, immediately or after notice where appropriate, if we reasonably believe:

• you materially violated these Terms or another applicable agreement;

• your account, device, credential, or activity creates a security or fraud risk;

• you engaged in unlawful, abusive, deceptive, infringing, or harmful activity;

• payment is overdue, reversed, fraudulent, or disputed in bad faith;

• continued service could expose VideoFormula or another person to legal liability;

• a third-party provider, platform, regulator, court, or governmental authority requires or effectively prevents continued service;

• your use threatens the integrity, availability, or security of the Services; or

• we discontinue the applicable Service or product.

Where reasonably practicable and legally appropriate, we may provide notice and an opportunity to cure a remediable violation. We are not required to provide advance notice where immediate action is reasonably necessary for security, fraud prevention, legal compliance, or protection of users or third parties.

36.1 Effect of Termination

Upon termination, your license to access and use terminated Services ends, except for any perpetual software rights that expressly survive and remain technically usable under the applicable purchase terms.

Termination does not eliminate payment obligations, refund liabilities, chargeback liabilities, indemnification obligations, rights accrued before termination, or provisions that by their nature should survive.

Cloud data may be deleted, de-identified, or retained according to the Privacy Policy, applicable law, backup cycles, fraud-prevention needs, and legal obligations.

38. DISPUTE RESOLUTION, ARBITRATION, CLASS-ACTION WAIVER, AND JURY-TRIAL WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND VIDEOFORMULA AGREE THAT COVERED DISPUTES WILL BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.

37.1 Informal Dispute Resolution First

Before filing an arbitration or court proceeding concerning a Covered Dispute, the complaining party must send a written notice describing the dispute, the relevant account or transaction if applicable, the relief requested, and sufficient information to permit a good-faith investigation.

Notices to VideoFormula must be sent to support@videoformula.ai and, if requested by VideoFormula, to the mailing address in Section 48. VideoFormula may send a dispute notice to the email or contact information associated with your account.

The parties will attempt in good faith to resolve the dispute informally for at least 30 days after receipt of a sufficiently detailed notice before commencing arbitration, unless a shorter period is required by law or emergency relief is necessary.

37.2 Agreement to Arbitrate

Except for Excluded Disputes described below, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Services, your account, a purchase, a license, credits, AI usage, advertising, communications, or the relationship between you and VideoFormula (a "Covered Dispute") shall be resolved by binding individual arbitration to the extent permitted by law.

The Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA"), and applicable federal arbitration law govern the interpretation, enforceability, and enforcement of this arbitration agreement. Except to the extent governed by the FAA or other controlling federal law, New Jersey law applies to issues concerning these Terms, subject always to non-waivable rights and protections that applicable law gives you.

37.3 Arbitration Administrator and Rules

Unless the parties agree otherwise, arbitration will be administered by the American Arbitration Association ("AAA") under the applicable AAA Consumer Arbitration Rules for consumer disputes or AAA Commercial Arbitration Rules for business disputes, as modified by this Section. If AAA is unavailable or unwilling to administer the matter, the parties will attempt to agree on a substitute administrator, and if they cannot, a court of competent jurisdiction may appoint one consistent with the FAA and applicable law. Nothing in this Section is intended to require a New Jersey consumer to waive any arbitration-related protection that cannot lawfully be waived.

The arbitrator may award any individual remedy or relief that a court could award, subject to these Terms and applicable law, but may not award relief for or against persons who are not parties to the individual arbitration except where applicable law requires otherwise.

37.4 Individual Proceedings Only; Class and Representative Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND VIDEOFORMULA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, PRIVATE ATTORNEY GENERAL, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, MASS, OR REPRESENTATIVE PROCEEDING.

Unless both parties agree in writing, an arbitrator may not consolidate the claims of more than one person or preside over any form of class, collective, consolidated, coordinated, mass, or representative proceeding, except to the extent a non-waivable law requires otherwise.

37.5 Jury-Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR ANY DISPUTE THAT PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND VIDEOFORMULA KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY.

37.6 Excluded Disputes

The following may be brought in a court of competent jurisdiction without first arbitrating, to the extent permitted by law:

• an individual claim qualifying for small-claims court, so long as it remains individual and within that court's jurisdiction;

• a request for temporary or preliminary injunctive relief necessary to prevent imminent misuse, unauthorized access, infringement, misappropriation, or security harm while arbitration is pending;

• a claim concerning infringement or misappropriation of intellectual-property rights where court relief is legally appropriate; or

• a matter that applicable law prohibits from being subject to mandatory arbitration.

37.7 Arbitration Fees and Location

Payment of arbitration filing, administration, and arbitrator fees will be governed by the applicable arbitration rules and applicable law. VideoFormula will not require a consumer to pay fees that applicable law requires VideoFormula to bear.

The arbitration may be conducted by video conference, telephone, written submissions, or at a reasonably convenient location, consistent with the applicable rules and law. For a business dispute in which an in-person hearing is required and the parties do not agree on another location, the hearing will take place in Bergen County, New Jersey, unless the arbitrator determines that another location is required by applicable law. A consumer may participate from a location permitted by the applicable consumer arbitration rules and non-waivable law.

37.8 Arbitration Opt-Out

You may opt out of this arbitration agreement by sending a clear written opt-out notice to support@videoformula.ai within 30 days after the date you first accept these Terms. You may also send the notice by mail to Intermarket Media Group, d/b/a VideoFormula.ai, 354 State Street Ste 105, Hackensack, NJ 07601, United States, Attn: Arbitration Opt-Out. The notice must include your name, the email address associated with your VideoFormula account, and an unambiguous statement that you are opting out of the arbitration agreement in Section 37. Opting out of arbitration does not opt you out of any other provision of these Terms. We will not penalize you for timely exercising this opt-out right.

37.9 Severability of Arbitration Provisions

If a final court decision determines that a particular restriction in this Section cannot lawfully be enforced as to a particular claim or request for relief, that claim or request for relief shall be severed and may proceed in court after all arbitrable claims are resolved, unless applicable law requires another result. If the class-action waiver is held unenforceable in a manner that permits class arbitration, then the agreement to arbitrate shall not be construed to authorize class arbitration unless VideoFormula expressly agrees in writing.

39. GOVERNING LAW, COURT VENUE, AND NON-WAIVABLE CONSUMER RIGHTS

VideoFormula is based in Hackensack, Bergen County, New Jersey. Except to the extent governed or preempted by the Federal Arbitration Act, other controlling federal law, or non-waivable law applicable to you, these Terms and the relationship between you and VideoFormula are governed by the laws of the State of New Jersey, without regard to New Jersey's conflict-of-laws rules that would require application of another jurisdiction's law. This choice of New Jersey law is not intended to deprive any consumer of a statutory or other legal protection that cannot lawfully be waived by contract.

For any dispute that may properly proceed in court and for which venue may lawfully be selected by contract, you and VideoFormula consent to the exclusive jurisdiction and venue of the state courts located in Bergen County, New Jersey, and the United States District Court for the District of New Jersey. Each party waives, to the extent permitted by law, objections based on personal jurisdiction, venue, or forum non conveniens in those courts. An eligible individual small-claims action may be filed in any court permitted by applicable law, and a consumer may bring a claim in another forum when non-waivable law gives the consumer that right.

Nothing in these Terms deprives a consumer of mandatory protections or rights that cannot lawfully be waived or varied by contract. This includes, where applicable, rights and remedies available under New Jersey consumer-protection law and other applicable state, federal, or foreign consumer laws. If the law of your country, state, province, or territory gives you non-waivable consumer rights, remedies, limitations periods, warranties, cancellation rights, or forum rights, those protections continue to apply notwithstanding the New Jersey governing-law or venue provisions above.

New Jersey-Specific Construction. Because VideoFormula is located in New Jersey, these Terms are intended to be interpreted consistently with applicable New Jersey law. No disclaimer, limitation, waiver, arbitration provision, indemnity, or other term is intended to eliminate a right or remedy that New Jersey law makes non-waivable. If a provision would otherwise conflict with a non-waivable New Jersey requirement, that provision will be limited or modified only to the minimum extent necessary to comply with that requirement while preserving the remainder of the agreement.

40. DISCLAIMERS OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, SOFTWARE, FORMULAS, BLUEPRINTS, COMPARISONS, REFERENCE IMAGES, AI OUTPUTS, VIDEO INBOX, CONTENT, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIDEOFORMULA AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, VIDEOFORMULA DOES NOT WARRANT THAT:

• the Services will be uninterrupted, error-free, secure, or always available;

• every video, URL, platform, file format, operating system, provider, or model will be supported;

• AI output will be accurate, complete, factual, unique, lawful, non-infringing, or commercially effective;

• a Formula correctly identifies why a source video performed as it did;

• a Blueprint or reference image will produce a successful advertisement or video;

• third-party services or integrations will remain available;

• data will never be lost, corrupted, delayed, or unavailable;

• security controls will prevent every unauthorized access or attack; or

• any particular business, marketing, revenue, conversion, engagement, or advertising result will be achieved.

Some jurisdictions, including New Jersey in certain circumstances, do not permit particular warranty disclaimers or limitations of statutory consumer rights. Accordingly, the disclaimers in this Section apply only to the maximum extent permitted by applicable law and do not disclaim any warranty, duty, representation, or remedy that cannot lawfully be disclaimed.

41. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIDEOFORMULA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, USE, OPPORTUNITY, ANTICIPATED SAVINGS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIDEOFORMULA WILL NOT BE LIABLE FOR DAMAGES ARISING FROM:

• your reliance on AI-generated or analytical output;

• your use of third-party content, source videos, platforms, providers, websites, or integrations;

• unauthorized access resulting from credentials, devices, or accounts under your control;

• loss or deletion of local files or content outside VideoFormula's control;

• provider outages, rate limits, pricing changes, content restrictions, or platform changes;

• your advertising, publication, distribution, or commercial use of generated content;

• claims, representations, products, services, or statements you include in content; or

• suspension or termination permitted under these Terms.

EXCEPT FOR LIABILITY THAT CANNOT LAWFULLY BE LIMITED, VIDEOFORMULA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO VIDEOFORMULA FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

The limitations in this Section apply regardless of the theory of liability, including contract, tort, negligence, strict liability, statutory liability, or otherwise, and are intended to allocate risk between the parties.

Nothing in these Terms excludes or limits liability for fraud, intentional or willful misconduct, gross negligence to the extent it cannot lawfully be limited, death or personal injury caused by negligence where such liability cannot be limited, violations for which applicable New Jersey or other controlling law prohibits contractual limitation, or any other liability or statutory remedy that applicable law does not permit us to exclude, waive, or limit. The limitations in this Section will be construed as narrowly as necessary to remain enforceable.

42. INDEMNIFICATION

To the maximum extent permitted by applicable law, if you use the Services for business, commercial, agency, professional, or organizational purposes, you agree to defend, indemnify, and hold harmless VideoFormula and its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against third-party claims, demands, actions, losses, liabilities, damages, judgments, settlements, penalties, costs, and reasonable legal fees arising out of or relating to:

• your User Content or source content you direct VideoFormula to process;

• your violation of these Terms or applicable law;

• your infringement or misappropriation of intellectual-property, privacy, publicity, confidentiality, contractual, or other rights;

• your products, services, advertisements, marketing claims, offers, or commercial activities;

• your use, publication, distribution, modification, or exploitation of Formulas, Blueprints, reference images, prompts, or other outputs;

• your misuse of third-party API credentials or third-party services; or

• fraud, abuse, or unauthorized activity caused or knowingly enabled by you.

VideoFormula may control the defense of an indemnified claim with counsel of its choosing, and you agree to reasonably cooperate. You may not settle a claim in a manner that imposes liability, admission, or obligation on VideoFormula without our prior written consent.

This indemnification provision is primarily intended for business, commercial, agency, professional, and organizational users. It does not require an individual consumer to indemnify VideoFormula to the extent such an obligation is prohibited, unconscionable, or otherwise unenforceable under New Jersey or other applicable consumer law. In all cases, this Section applies only to the maximum extent permitted by law.

43. BETA, EXPERIMENTAL, PREVIEW, AND EARLY-ACCESS FEATURES

VideoFormula may make beta, preview, experimental, pilot, early-access, or evaluation features available from time to time.

Such features may be incomplete, unstable, inaccurate, subject to additional limits, changed without notice, or discontinued before general release. They may not receive the same support, reliability commitments, retention practices, or compatibility as generally available Services.

Unless otherwise stated, beta and experimental features are provided for evaluation and may be used at your own risk, subject to non-waivable legal rights.

44. SERVICE AVAILABILITY, MODIFICATIONS, AND FORCE MAJEURE

VideoFormula may modify, update, add, remove, restrict, replace, suspend, or discontinue features, models, providers, integrations, pricing methods, limits, storage practices, or Services from time to time.

We will provide notice of material changes where required by law or where reasonably practicable for paid functionality.

VideoFormula does not guarantee uninterrupted availability or that a particular third-party platform, AI model, social network, API, operating system, or external service will remain compatible.

VideoFormula will not be responsible for delay or failure caused by events beyond its reasonable control, including Internet or telecommunications failures, cloud outages, utility failures, cyberattacks, denial-of-service attacks, labor disputes, natural disasters, fires, floods, earthquakes, epidemics, pandemics, war, terrorism, civil unrest, governmental actions, sanctions, supplier failures, third-party platform changes, or failures of external APIs or AI providers, except where applicable law provides otherwise.

45. EXPORT CONTROLS, SANCTIONS, AND TRADE COMPLIANCE

You may not access, download, export, re-export, transfer, or use the Services in violation of applicable export-control, economic-sanctions, import, or trade laws.

You represent that you are not prohibited from receiving the Services under laws applicable to VideoFormula and that you will not use the Services for a prohibited end use or on behalf of a prohibited person or entity.

VideoFormula may restrict or terminate access where reasonably necessary to comply with export, sanctions, or trade requirements.

46. BUSINESS, AGENCY, CLIENT, AND CONFIDENTIAL USE

If you use VideoFormula for clients, advertisers, employers, agencies, brands, or other third parties, you are responsible for ensuring that your use is authorized by those parties and consistent with your contractual and professional obligations.

You may not represent that VideoFormula has approved, endorsed, certified, or guaranteed your work or client results unless VideoFormula expressly agrees in writing.

45.1 Confidential Information

If VideoFormula provides you with non-public information identified as confidential or that a reasonable person would understand to be confidential, you may use that information only for the purpose for which it was disclosed and must protect it using reasonable care. Confidential information does not include information that becomes public through no breach by you, was lawfully known to you without confidentiality duty, is lawfully received from another source without confidentiality duty, or is independently developed without use of VideoFormula confidential information.

If disclosure is legally required, you may disclose only what is required and, where legally permitted, should provide reasonable prior notice so protective measures may be sought.

You agree that VideoFormula may provide agreements, disclosures, notices, receipts, transaction confirmations, policy updates, security notices, and other communications electronically, including by email, through the website, desktop application, account console, or other electronic means.

You are responsible for maintaining a current email address and other relevant contact information associated with your account.

Electronic communications satisfy any legal requirement that communications be in writing to the extent permitted by applicable law.

Formal legal notices to VideoFormula should be sent to support@videoformula.ai and, where appropriate, to the mailing address in Section 48. This paragraph does not replace any specific notice method required by Section 37 or applicable law.

47.1 Assignment

You may not assign or transfer these Terms or your account without VideoFormula's prior written consent, except where applicable law provides otherwise. VideoFormula may assign or transfer these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, corporate restructuring, or transfer of the Services or business, subject to applicable law.

47.2 Severability

Except as specifically provided in Section 37 regarding arbitration, if any provision of these Terms is found unenforceable, the provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

47.3 Waiver

A failure to enforce a provision is not a waiver of the right to enforce it later. A waiver is effective only if made by an authorized representative and only as to the specific circumstance stated.

47.4 Entire Agreement and Order of Precedence

These Terms, the Privacy Policy, applicable purchase terms, any applicable DPA, and any additional terms expressly incorporated for a particular Service constitute the agreement governing your use of the Services. If a signed agreement between you and VideoFormula expressly conflicts with these Terms, the signed agreement controls to the extent of the conflict.

47.5 No Third-Party Beneficiaries

Except where expressly stated, these Terms do not create rights for any third-party beneficiary.

47.6 Relationship of the Parties

These Terms do not create a partnership, franchise, joint venture, fiduciary relationship, employment relationship, or agency relationship between you and VideoFormula.

47.7 Interpretation

Headings are for convenience only. Words such as "including" mean "including without limitation." The singular includes the plural where appropriate. If these Terms are translated, the English-language version controls to the extent permitted by applicable law in the event of a conflict, unless local law requires otherwise.

47.8 Survival

Provisions that by their nature should survive termination will survive, including provisions concerning ownership, payment obligations, intellectual property, Feedback, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, confidentiality, and general legal terms.

49. CONTACT INFORMATION

Questions about these Terms, legal notices, intellectual-property complaints, or other legal matters may be sent to:

Intermarket Media Group
d/b/a VideoFormula.ai
354 State Street Ste 105
Hackensack, NJ 07601
United States

Legal inquiries: support@videoformula.ai

Support: support@videoformula.ai

Privacy inquiries: support@videoformula.ai

Please do not send passwords, full payment-card numbers, API keys, authentication codes, or other highly sensitive credentials by ordinary email.