Terms of Service

1. Acceptance of Terms

By accessing or using any part of the Service, including by creating an account, uploading content, or purchasing a subscription, you expressly agree to be bound by these Terms and all applicable laws and regulations. If you are using the Service on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms, in which case "you" includes that organization. You may not use the Service if you are barred from receiving such services under the laws of the United States or other applicable jurisdiction.

2. Eligibility and Account Registration

To access certain features of the Service, you must create an account. By creating an account, you represent and warrant that:

• You are at least 18 years of age, or the age of majority in your jurisdiction, and have the legal capacity to enter into a binding contract.
• All information you provide during registration is accurate, current, and complete, and you will promptly update such information as necessary to maintain its accuracy.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.
• You may not share your account credentials with any third party, use another user's account without authorization, or create more than one free account. We reserve the right to refuse registration, suspend, or terminate any account at our sole discretion.

3. Description of Service

UnMark provides an AI-powered video watermark removal platform that enables users to upload video files, have watermarks automatically detected and removed through artificial intelligence algorithms, and download the processed output files. The Service is offered on a tiered subscription basis, with both free and paid plans available. Free-tier access is subject to daily usage limits and feature restrictions as described on our pricing page.

We continuously strive to improve the Service and may add, modify, suspend, or discontinue any feature, functionality, or component of the Service at any time without prior notice. We do not guarantee the availability, speed, or quality of the Service at any particular time. Video processing times, output quality, and watermark detection accuracy may vary depending on factors including video complexity, watermark characteristics, file format, server load, and your subscription tier.

4. User Content and Intellectual Property Rights

You retain all ownership rights in the video files, images, and other content you upload to the Service ("User Content"). By uploading User Content, you grant UnMark a limited, non-exclusive, royalty-free, worldwide license to access, process, reproduce, and distribute your User Content solely as necessary to provide the Service to you (including generating processed output files) and as described in our Privacy Policy. This license terminates when your User Content is deleted from our servers in accordance with our data retention practices.

You represent and warrant that: (i) you own or have obtained all necessary rights, licenses, consents, and permissions to use and authorize UnMark to process the User Content as contemplated by the Service; (ii) your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other proprietary rights; and (iii) your User Content complies with all applicable laws and regulations. You bear sole responsibility and liability for all User Content you upload and for any consequences of uploading, processing, or downloading such content.

UnMark and its licensors retain all right, title, and interest in and to the Service, including all software, algorithms, AI models, designs, text, graphics, logos, trademarks, and other intellectual property comprising the Service (collectively, "UnMark IP"). These Terms do not grant you any right, title, or interest in the UnMark IP except for the limited right to access and use the Service as expressly provided herein. You may not copy, modify, distribute, sell, or lease any part of the Service, nor reverse engineer, decompile, or attempt to extract the source code of any software, algorithm, or AI model used in the Service, except to the extent such restrictions are expressly prohibited by applicable law.

5. Prohibited Conduct

You agree not to use the Service, or encourage or assist others to use the Service, in any manner that violates these Terms or applicable law. Specifically, you shall not:

• Upload, process, or distribute any content that infringes, misappropriates, or violates any third party's copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights, including uploading copyrighted videos for watermark removal without authorization from the copyright owner.
• Use the Service to remove watermarks, logos, signatures, or other identifying marks from content that you do not own or have explicit authorization to modify, including watermarks on stock footage, licensed content, or other creators' works.
• Use the Service to circumvent technological protection measures or digital rights management (DRM) systems in violation of the Digital Millennium Copyright Act (17 U.S.C. § 1201) or similar laws.
• Upload, process, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, invasive of privacy, or otherwise objectionable.
• Upload content containing child sexual abuse material (CSAM) or any content that exploits or endangers minors. We will report any such content to the National Center for Missing and Exploited Children (NCMEC) and appropriate law enforcement authorities.
• Violate any applicable federal, state, local, or international law, rule, or regulation, including but not limited to export control laws, sanctions regulations, and data privacy laws.
• Engage in any activity that interferes with, disrupts, damages, or imposes an unreasonable or disproportionately large load on the Service infrastructure, including through denial-of-service attacks, excessive API calls, or automated scraping.
• Attempt to gain unauthorized access to any part of the Service, other user accounts, computer systems, or networks connected to the Service, including through hacking, password mining, or other illegitimate means.
• Use any automated means, including bots, scripts, crawlers, or scrapers, to access, collect data from, or interact with the Service without our express prior written permission.
• Circumvent, disable, or otherwise interfere with any security features, usage limits, or access restrictions of the Service, including measures designed to enforce subscription tiers or usage quotas.
• Resell, sublicense, rent, lease, or otherwise commercially exploit the Service or access to the Service without our express prior written consent, except as explicitly permitted under an enterprise or reseller agreement.
• Impersonate any person or entity, misrepresent your affiliation with any person or entity, or engage in any fraudulent or deceptive conduct in connection with the Service.
• Transmit any viruses, worms, malware, ransomware, Trojan horses, or other harmful or malicious code through or to the Service.
• Upload or process any content containing personally identifiable information, protected health information (PHI), or sensitive financial data of third parties without appropriate legal authorization and safeguards.

6. Payment, Billing, and Automatic Renewal

Certain features of the Service are offered on a paid subscription basis. Pricing, features, and usage limits for each subscription tier are set forth on our pricing page and are incorporated into these Terms by reference. All fees are quoted in U.S. dollars unless otherwise stated. You authorize us (or our third-party payment processor, currently Creem) to charge the payment method you provide for all fees incurred in connection with your account.

Subscription fees are non-refundable except as expressly provided in our Refund Policy. You are responsible for maintaining accurate and up-to-date billing and payment information. We are not responsible for any fees, charges, or penalties imposed by your financial institution or payment provider, including overdraft fees, foreign transaction fees, or currency conversion charges.

We reserve the right to suspend or terminate your access to paid features if payment is not successfully processed. Accounts with failed payments will receive a notice and a grace period (typically 7 days) to update payment information before access is restricted. Delinquent accounts may be subject to collection efforts and associated costs.

7. Refund Policy

Our refund policy is set forth in full on our Refund Policy page, which is incorporated into these Terms by reference. In summary: we offer a 14-day money-back guarantee for first-time paid subscribers, provided that actual usage does not exceed 10% of the plan's allocation and the refund request is submitted within 14 days of purchase. Refunds are not available for renewal orders, accounts suspended for Terms violations, or requests made after the 14-day window. All refunds are issued to the original payment method. Please review the full Refund Policy for complete terms and conditions. Nothing in this section limits any statutory refund rights you may have under applicable law.

8. Third-Party Services

The Service may integrate with, rely upon, or provide links to third-party services, websites, and resources, including but not limited to Creem (subscription billing and payment processing), Vercel (cloud hosting and content delivery), AWS (video processing infrastructure), and Axiom (logging and monitoring). We do not own or control these third-party services, and we are not responsible for their availability, content, privacy practices, or terms of service. Your use of third-party services is at your own risk and is governed by the applicable third party's terms and policies. We make no representations or warranties regarding any third-party services and disclaim all liability arising from your use of or reliance on such services. The availability of third-party integrations through the Service does not constitute our endorsement of such services.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. UNMARK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
• Any warranty that the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.
• Any warranty regarding the accuracy, completeness, reliability, or quality of any content, output, or results obtained through the Service, including AI-generated watermark removal results.
• Any warranty that defects or errors in the Service or AI processing will be corrected.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UNMARK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICE, OR YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF UNMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNMARK'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO UNMARK FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 10 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, UNMARK'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN SECTIONS 9 AND 10 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNMARK, AND THAT UNMARK WOULD NOT BE ABLE TO PROVIDE THE SERVICE ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS.

11. Indemnification

You agree to defend, indemnify, and hold harmless UnMark, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your User Content, including any claim that your User Content infringes, misappropriates, or violates any third party's intellectual property rights, privacy rights, publicity rights, or other rights.
• Your violation of these Terms or any applicable law, rule, or regulation.
• Your use of, or inability to use, the Service, including any activity occurring under your account.
• Any dispute between you and any third party relating to your use of the Service or your User Content.

12. Termination and Suspension

These Terms remain in effect until terminated by either party as set forth herein. We reserve the right, without limiting any other remedies available to us at law or in equity, to take any of the following actions at any time, with or without notice to you, and without liability to you: (a) modify, suspend, or terminate your access to all or any part of the Service; (b) remove or disable access to any User Content; or (c) terminate your account.

We may take such actions for any reason or no reason, including but not limited to: your violation of these Terms; your failure to pay applicable fees; your engagement in fraudulent, illegal, or abusive activity; a request by law enforcement or government authority; unexpected technical or security issues; or extended periods of account inactivity. Any such action shall be in our sole and absolute discretion.

13. DMCA Copyright Policy

UnMark respects the intellectual property rights of others and expects users to do the same. We comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and have adopted a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. Our full DMCA Policy, including instructions for submitting copyright infringement notifications and counter-notifications, is available on our DMCA Policy page and is incorporated into these Terms by reference. If you believe that any content available through the Service infringes your copyright, please follow the procedures described in our DMCA Policy. If your User Content is removed as a result of a DMCA notice, we will notify you at the email address associated with your account and provide you with information about the counter-notification process.

14. Section 230 Safe Harbor and Platform Liability

UnMark operates as an interactive computer service provider under Section 230 of the Communications Decency Act (47 U.S.C. § 230). The Service provides AI-powered video processing tools that users independently direct and control. The content and decisions regarding which videos to upload, process, and distribute remain solely with you, the user. UnMark does not create, develop, or materially contribute to the content of uploaded videos beyond performing automated algorithmic processing at your direction. Accordingly, UnMark shall not be treated as the publisher or speaker of any User Content. We reserve the right to restrict or remove access to content that we determine, in our sole discretion, violates these Terms or applicable law, but we undertake no obligation to monitor, screen, or review User Content. No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

15. California Consumer Notice

Pursuant to California Civil Code § 1789.3, California residents are entitled to the following specific consumer rights information: (a) UnMark may be contacted via email at support@mail.unmarkvideo.com or through our website at https://unmarkvideo.com; (b) The Service is provided for the fees and charges set forth on our pricing page, and users may have access to a free tier with limited features; (c) The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210, or through their website at www.dca.ca.gov. California residents may also contact the Complaint Assistance Unit to obtain information about dispute resolution and consumer rights under California law.

16. Privacy and Data Practices

Your privacy is important to us. Our Privacy Policy explains how we collect, use, disclose, and safeguard your personal information when you use the Service. Our Data Processing Agreement (DPA) sets forth the terms under which we process personal data on your behalf. Both documents are incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood our Privacy Policy and DPA. You consent to our collection, use, and disclosure of your information as described in the Privacy Policy. We process your data exclusively for the purposes of providing, maintaining, and improving the Service as described in these documents.

17. AI Service Disclosure

The Service utilizes artificial intelligence and machine learning technologies to detect and remove watermarks from uploaded video files. Our full AI Disclosure Statement, which describes the capabilities, limitations, and important considerations regarding our AI technology, is incorporated into these Terms by reference. You acknowledge and agree that: (a) AI-generated results may not be 100% accurate or complete; (b) you should independently review and verify all AI-processed outputs before use; (c) AI processing results are provided for informational and utility purposes only and do not constitute professional advice of any kind; (d) we do not use your uploaded videos, metadata, or processing results to train or improve our AI models; and (e) you assume full responsibility for any consequences arising from your use of AI-processed outputs. Please review the full AI Disclosure Statement for more details.

18. Modifications to the Service and Terms

We reserve the right to modify, update, or discontinue the Service (or any feature or functionality thereof) at any time, with or without notice to you. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. If you have a paid subscription and we permanently discontinue the Service before the end of your current billing period, we will provide you with a pro-rata refund for the unused portion of your subscription.

We may revise these Terms from time to time in our sole discretion. When we make material changes, we will provide notice through the Service (such as a banner on our website) and/or by sending an email to the address associated with your account. For material changes that adversely affect your rights, we will provide at least 30 days' advance notice before the changes take effect. Changes addressing new features, clarifications, or non-material modifications may take effect immediately upon posting. Your continued use of the Service after the revised Terms become effective constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must discontinue use of the Service and may terminate your account. The "Last Updated" date at the top of these Terms indicates when they were last revised.

19. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Subject to the arbitration provisions in Section 20, the state and federal courts located in Delaware shall have exclusive jurisdiction over any legal action or proceeding arising out of or relating to these Terms, and you hereby consent to the personal jurisdiction and venue of such courts.

20. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS BETWEEN YOU AND UNMARK ARE RESOLVED. This Section 20 contains a binding arbitration agreement, a class action waiver, and a jury trial waiver.

21. Export Controls and Sanctions Compliance

The Service, including the software and technology used to provide the Service, may be subject to U.S. export control and economic sanctions laws and regulations, including the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce and sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). You represent and warrant that you are not: (a) located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk People's Republic, and Luhansk People's Republic regions of Ukraine); (b) identified on any U.S. government restricted party list, including the OFAC Specially Designated Nationals and Blocked Persons List, the Denied Persons List, or the Entity List; or (c) using the Service for any purpose prohibited by U.S. export control or sanctions laws. You shall comply with all applicable export control and sanctions laws in your use of the Service and shall not export, re-export, or transfer the Service or any output thereof to any restricted destination or end user without required U.S. government authorization.

22. Miscellaneous

23. Contact Information

If you have questions, concerns, or feedback regarding these Terms or the Service, please contact us at: Email: legal@mail.unmarkvideo.com. For general support or account-related inquiries: Email: support@mail.unmarkvideo.com. Mailing Address: UnMark, 101 Main St, Wilmington, DE 19801, United States. Website: https://unmarkvideo.com. We endeavor to respond to all inquiries within a reasonable timeframe.