Material policy changes

sublicensable or transferable

“‍ ‍ 4.1 Access Rights. Commencing as of the date that Subscriber purchases or orders the applicable Instantly Service, subject to the terms and conditions of this Agreement and Instantly’s approval of your use of the Instantly Service, Instantly hereby grants to Subscriber a term-limited, limited, non-exclusive, non-transferable, non-sublicensable, non-assignable (except as permitted herein) right to access and use the Instantly Service solely for the Permitted Purpose. Subscriber shall not access or use the Instantly Service, or any data, information, or outputs obtained therefrom, for any other purpose, including without limitation any Data Resale Activity, resale, licensing, brokering, transfer, disclosure, or commercialization of such data. Instantly has the right to refuse or limit your access to the Instantly Service. When accessing and using the API, Subscriber shall limit API calls to a reasonable volume and Instantly reserves the right, at its sole discretion, to take any necessary action to address improper use. Instantly expressly reserves the right, at any time during the Term of the Agreement, to adapt, arrange and/or modify any of the features or functionality of the Instantly Services (provided that any such modification does not materially adversely affect any material features or functionality of such Instantly Services) or any components granting access and use rights to the Instantly Service and the associated documentation, subject to any maintenance and support obligations herein.”

broad license

“In the event of any breach by Subscriber of this Section 6.2, including the Sending Policy, or if Instantly suspects or has reason to believe that Subscriber is in breach hereof, then Instantly may, without any further obligation liability to Subscriber, suspend and/or terminate this Agreement (or limit Subscriber’s sending capabilities or rights) immediately upon written notice and close Subscriber’s master account. Subscriber shall not use the Instantly Service to prepare, validate, or package Subscriber Data for Data Resale Activity. For clarity, Subscriber retains ownership of its Subscriber Data, but has no right under this Agreement to commercialize any data or outputs obtained through the Instantly Service in any Data Resale Activity. ‍ 6.3 License to Subscriber Data. Subscriber retains all right, title and interest in and to the Subscriber Data. Subscriber hereby grants to Instantly a non-exclusive, worldwide, royalty-free and fully paid-up license to: (a) access and use Subscriber Data to provide the Instantly Service; and (b) collect and compile data and information related to Subscriber Data that is used by Subscriber in a de-identified, aggregated and/or anonymized manner to improve the Instantly Service (“ Aggregated Data ”); provided, that , the license grant in subpart (b) shall be perpetual and irrevocable. Subscriber represents and warrants that it has all necessary rights to grant Instantly the foregoing licenses.”

sublicensable or transferable

“(f) Talent Node's Intellectual Property. Talent Node grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Site Services. Talent Node and our licensors retain all right, title, and interest in and to all intellectual property rights related in and to the Site and the Site Services.”

broad license

“(f) Talent Node's Intellectual Property. Talent Node grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Site Services. Talent Node and our licensors retain all right, title, and interest in and to all intellectual property rights related in and to the Site and the Site Services.”

sale or sell

“You may not: license, sublicense or otherwise grant ("Sublicense") or purport to Sublicense any rights or obligations under this agreement except: (i) if the Sublicensee has entered into a binding written agreement with you containing terms that are binding on the Sublicensee and materially the same as (and no less onerous than) those set out in this agreement, including the provisions of this clause 5.5); and/or use or permit any other person to use (whether directly or indirectly) any Output or any copy, extract or modified or derivative version of it for any Prohibited Use. Non-compliance with this clause 5.5 shall immediately render the licence at clause 5.3 (and any sublicence granted under it) void. Without prejudice to clause 13.9, we shall not Sell any Output, Video Data, Motion Data and/or Materials.”

third party or vendor sharing

“Where you provide or make available any aspect of the API or any Output to a third party, you: (a) shall (in the case of the API) only be entitled to do so where expressly permitted under this agreement; (b) do so at your own risk and are solely responsible for all arrangements with that third party and for any use of the API or the Output by that third party; and (c) where you are a business user, hereby indemnify and agree to keep Move AI indemnified and to hold Move AI harmless against any losses, liabilities, damages, costs or expenses arising from or in connection with any claim made by that third party against Move AI in connection with this agreement or your use of the API. If you are a business customer, you are and shall remain liable for all acts and omissions of your Authorised Users. The use of the API is dependent on certain third-party infrastructure and services which we do not control, including your internet access and/or mobile data services and the internet. We therefore do not warrant that the use of the API will be uninterrupted or error-free.”

platform claims or reserves rights

“As part of the Service, we may provide downloadable client software (the “Software”) for your use in connection with the Service. This Software may update automatically and if such Software is designed for use on a specific mobile or desktop operating system, then a compatible system is required for use. Contingent upon your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Service; provided, however, that this access right does not constitute a sale of the Software or any copy thereof, and as between you and us, we retain all right, title and interest in the Software. Any use of the Services or Our Content other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will immediately terminate your access right to use our Service and Site granted in these Terms.”

user retains rights

“You have control over the Notifications settings, and can opt in or out of these Notifications through the Services (with the possible exception of infrequent, important service announcements and administrative messages). 4.7. Advertising. Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such. 4.8. Your Representations and Warranties. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Services; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate, or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.”