End-user license agreement

Including the policy to upload, edit and view videos ("Video Content Policy")

Summary – Important arrangements

• This EULA applies to You – the End User, e.g. an employee, consumer, citizen or civil servant – and Your use of video content ("Video Content") made available via the Tool;

• The term “Tool” applies to any tool, software, service and/or product – such as an intranet solution, eLearning software or an online platform – which implemented Mave’s Video Solution. This Video Solution is provided by “Mave”, a private limited company organized under the laws of the Netherlands, with its principal place of business in (3016BM) Rotterdam at Westplein 12;

• The Tool is made available to You by Your Organisation: a company, governmental or educational organisation;

• Subject to the terms of this EULA, You may upload, create and/or share Video Content made available via the Tool;

• However, it is forbidden to publish, redistribute or re-sell Mave’s Video Solution or parts thereof;

• It also forbidden to act in breach of the Video Content Policy (Article 2). For example, by uploading Video Content which contains hate speech, pornographic images or violence;

• If you have any questions about this EULA including its Video Content Policy or if you want to flag possible Illegal Content, please contact Your Organisation.

Article 1: License

1. Subject to compliance with the terms of this EULA, Mave grants You a personal, revocable, temporary, non-exclusive and non-transferable license to use Mave’s Video Solution as part of the Tool.

2. This license shall be effective on the moment You use Mave’s Video Solution, for example when you upload, edit or view Video Content made available via the Tool. This license ends when the license agreement between the Tool’s Organisation and Mave ends or when this EULA is terminated.

3. You are allowed to edit, view and share the Video Content made available via the Tool. For example, with your colleagues or fellow students.

4. It is forbidden to sell, resell, license, sublicense, redistribute, make available, rent or lease Mave’s Video Solution or parts thereof.

5. You understand that you shall not: Interfere with the proper working of the Tool, as well as Mave’s Video Solution and the Video Content. For example, you shall not upload or create Video Content that contains viruses, malware or other software agents; Use bots, spiders or other automatic means to copy or disrupt parts of the Tool as well as Mave’s Video Solution and the Video Content; Attempt to bypass user authentication or try any unauthorized access to the Tool or Mave’s Video Solution, Take any action that imposes an unreasonable or disproportionately large load on the technical infrastructure of Mave’s Video Solution.

6. If you spot a vulnerability related to Mave’s Video Solution, please follow the procedure mentioned at https://mave.io/docs/responsible-disclosure/.

Article 2: Video Content Policy

1. The Video Content Policy aims to ensure a safe, predictable and trusted online environment. It is forbidden to act in breach of this policy as laid down in this Article. You shall not upload, create and/or share Video Content that qualifies as Illegal Content. “Illegal Content” means any information as part of Video Content that, in itself or in relation to an activity, including the sale of products or the provision of services, is not in compliance with the law or this EULA. Illegal Content includes Video Content that contains information which poses societal risks such as online Disinformation.

2. Examples of Illegal Content under this Video Content Policy are Video Content that wholly or partly qualifies as:
   • illegal hate speech,
   • terrorist content,
   • pornographic and/or obscene content,
   • violent or controversial content including bullying or harassment,
   • content which encourages unhealthy or negative behaviour,
   • unlawful discriminatory content as well content that unlawfully infringes fundamental rights of others, such as someone’s human dignity, right to freedom of expression and of information, the right to private life and data protection or the rights of the child and consumer protection,
   • offences concerning sexual abuse, sexual exploitation, child pornography, solicitation of children for sexual purposes, non-consensual sexual activities, including inciting or aiding and abetting to commit any of these offences or other forms of cyber violence,
   • unlawful non-consensual sharing of private images and/or sound as well as content that infringes data protection laws,
   • online stalking,
   • sale of non-compliant, dangerous and/or counterfeit products,
   • sale of products or the provision of services in infringement of consumer protection law,
   • non-authorised use of copyright protected material,
   • an illegal offer of accommodation services or the illegal sale of live animals,
   • content that negatively effects public health and/or minors as well as content that has serious negative consequences to a person's physical and mental well-being, or gender-based violence,
   • content that negatively effects democratic processes, civic discourse, electoral processes and/or public security,
   • content that poses a serious risk of egregious harm;
   • content that promotes activities which limit people’s individual rights and freedoms or violate human and/or animal rights.

3. Furthermore, You shall not shall not upload, create and/or share Video Content that qualifies as misleading or deceptive content, including Disinformation. “Disinformation” means any information as part of Video Content that is false, inaccurate and/or misleading and designed, presented and/or promoted with an intention to deceive or secure economic or political gain, and which may cause public harm, whether or not the content is shared with or without harmful intent. Disinformation includes information that contradicts guidance from official authorities, such as national health authorities’ or the World Health Organisation’s guidance about specific health conditions and substances, or is otherwise in breach of the principles of the European Code of Practice on Disinformation.

4. In addition, if Your Video Content contains a Deep Fake, then you shall disclose that the Video Content has been artificially generated or manipulated unless this is obvious to other End Users. “Deep Fake” means information that generates or manipulates image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and would falsely appear to a person to be authentic or truthful. Any Deep Fakes you integrate in Video Content must comply with the law, such as copyright laws and the General Data Protection Regulation.

5. If the Video Content you upload, create and/or share violates the Video Content Policy and/or this EULA, it will be removed or the access to it will be disabled by Your Organisation. If you violate the Video Content Policy and/or this EULA more than once, Your Organisation bans you from using the Tool and/or Mave’s Video Solution, and/or from viewing and sharing Video Content.

6. If you have any questions about this Video Content Policy or if you want to flag possible Illegal Content, please contact Your Organisation.

Article 3: Intellectual property rights

1. You grant a free of charge non-revocable, sublicensable, perpetual, non-exclusive and transferable license to other End Users, Mave and Your Organisation to use the Video Content you create and/or upload in any way they want in the context of the Tool and Mave’s Video Solution.

2. Nothing in this EULA constitutes a transfer of any Intellectual Property Rights from Mave to You, other End Users and/or third parties. Intellectual Property Rights are defined as: “Patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings, data and computer programs.”

3. Mave expressly reserves its rights including Intellectual Property Rights. Exceptions for text and data mining do not apply.

4. Any mention to Mave and or its trademarks (including logo’s) is subject to approval by Mave.

Article 4: Guarantees and liability

1. Mave’s Video Solution via the Tool is made available "as is" without Mave’s warranty of any kind, either express or implied, including – but not limited to – any implied warranty against infringement of third parties' rights including – but not limited to – Intellectual Property Rights, or any other warranties of merchantability, integration, satisfactory quality and fitness for a particular purpose.

2. Consequently, Mave is not liable towards You for any damages in relation to this EULA, Mave’s Video Solution or the Video Content. The entire risk as to the use, quality, and performance of Mave’s Video Solution as part of the Tool is with You.

3. You warrant that you are legally allowed to upload and/or create the Video Content. For example, because you are the original creator and/or rights holder in relation to the Video Content or you have obtained consent from the relevant data subject(s) in case the Video Content contains personal data, such as someone else’s facial image or voice.

Article 5: Applicable law and competent court

1. This EULA shall be exclusively governed by the law of the Netherlands.

2. Any dispute or legal difference arising out of or in connection with this EULA, will be held before the competent court in Rotterdam, The Netherlands.

Article 6: Miscellaneous

1. If any provision of this EULA is held invalid or unenforceable, that provision will be construed to reflect Mave’s original intent. Despite the invalidity or unenforceability of such provision, all other provisions will remain in full force and effect.

2. If Mave’s legal identity changes or when there is a change of control, then this EULA shall apply to You and the changed or new legal entity. For instance, when Mave assigns or transfers the rights in connection with this EULA to another legal entity or when Mave is acquired by another legal entity.