Colossyan

"c) You are not subscribed to an Enterprise Plan."

" These Terms of Service do not apply to customers who purchase a "Colossyan Enterprise" or "Colossyan Organization" subscription. If you have purchased a "Colossyan Enterprise" or "Colossyan"

"apply. For all other subscriptions and for use of our free or trial services, these Terms of Service shall apply."

" 4.1 We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through our website. If you are a business User or a consumer User that lives outside of the EU or UK: 4.2 Colossyan does not represent or warrant that a particular Service Plan will be offered indefinitely and reserves the right to change the prices for or alter the features and options in a particular Service Plan. If you are a consumer User that lives in the EU or UK: 4.3 Colossyan may make changes to the Services: (i) to reflect changes in relevant laws and regulatory requirements; and/or"

" (i) paid Services is limited to the amounts paid by Customer to"

"If your refund claim is sent after the 14th day from the start of your subscription and you havegenerated less than 10 minutes of Customer Created Videos, then we may, in our solediscretion, provide you with a partial refund provided up until the time you tell us that you havechanged your mind. We do not provide refunds or partial refunds for (i) Customers after the 14th day of the startdate of their subscription if they generated more than 10 minutes of Customer Created Videosfrom their first purchase and (ii) for Customers on an Enterprise Plan. In these cases, the serviceshould be continued until the end of the month/year depending on the period you have paidfor."

" Customer must contact Colossyan no later than 15 days after the date of receipt of the invoice in which the error or problem appeared, in order to receive an adjustment or credit. Colossyan is not obligated under this Agreement to provide upgrades of material new functionality (“Material Upgrade”) to the Services free of charge. Colossyan may, in its sole discretion, provide Material Upgrades to the Services at an additional charge and such charges will be agreed upon with Customer in advance in a Service Order Form. If Customer chooses not to purchase a"

" DAMAGES OR PERSONAL INJURY OR DEATH WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE JURISDICTIONS, COLOSSYAN'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 12.4 Independent Allocations of Risk : Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed allocation of the risks of this Agreement between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this Agreement, and each of these provisions will apply even if the warranties in this Agreement have failed of their essential purpose. 12.5 References to liability in this clause 12 include every kind of liability arising under or in connection with this Agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise. If you are a consumer that lives in the EU or UK: 12.6 Colossyan does not compensate you for all losses caused by us or our Services. 12.7 What we’re responsible"

" to address a security threat (however, these changes won’t affect your use of the Services). 4.4 Colossyan may also make material changes to the Services, including changing pricing, but if we do, we will notify you and you can cancel your Service Plan and exit this Agreement before the changes take effect. ‍ Applicable to all Customers: 4.5 Trial and Free Services : If Customer registers for a free trial or other type of limited offer for use of the Services ("Free Service"), Customer may need to accept additional terms and conditions upon registration which will be made available to the Customer during the registration process Any and all such Free Services may be modified or terminated without notice. Free Services are subject to availability, are non-transferable and non-exchangeable. Colossyan reserves the right to reduce the term of Free Services or end it altogether without prior notice. 4.6 Any features identified as “alpha”, “beta”, “pre-release”  or similar wording (“Beta Features”) are considered Free Services.  You understand and acknowledge that the Beta Features are still subject to testing and evaluating. You understand and acknowledge that (i) you choose to use Beta Features at your sole discretion and AT YOUR OWN RISK; (ii) Beta Features have not been developed to meet your specific requirements and so we cannot promise that it will be fit or suitable for your specific purposes or that it will be compatible with all or any hardware or software which you may use; (iii) Colossyan does not guarantee that the Beta Features will be uninterrupted or error free, or free from security vulnerabilities; (iv) the Beta Features may not be supported and may be changed at any time without notice; and (v) Beta Features may not be as "

"page. 1.4 API Access : If your Service Plan includes Colossyan API access then your use of the Colossyan API is subject to the additional terms found here ."

" 3.1 Service Plan : Colossyan offers both free and paid Services. Prices and features of Services depend on the Service Plan you selected. The current prices and features are published on the Colossyan website. 3.2 Fees : You are responsible for the payment of fees, in the currency quoted at the time of the purchase. You must provide current, complete, accurate and authorized credit card information. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. 3.3 Payment : You hereby authorise Colossyan to (i) charge for all applicable fees using your selected payment method, and (ii) to provide relevant information to third party service providers to complete the payment. We take payment when your order is accepted and this payment is for the upcoming billing period (e.g. you pay in advance for each month or year of the Service depending on what Service Plan you selected). You expressly consent to us providing you with the Service immediately following your purchase. All fees are due at the time of the purchase and are non-refundable except as required by law or as otherwise specifically permitted in this Agreement or under our Refund Policy. 3.4 Automatic renewal : Fees will automatically be charged monthly or annually. Customer agrees that its subscription is automatically renewed for the same period at the end of each billing period, and Colossyan may charge automatically at the end of the trial or the renewal, unless you notify us in advance that you want to cancel. "

" Term for Free Services: 14.1 By accessing to and using the Services you agree to be bound by this Agreement and this Agreement comes into force as soon as you access or use the Services. The Agreement continues in full force and effect for such period that you access or use the Services. We or Customer may terminate a Free Service immediately without cause at any time. Term for paid Services: 14.2 This Agreement enters into effect on the day when you accept this Agreement and continues until terminated either by Customer or Colossyan. 14.3 Renewal : Customer acknowledges and agrees that Customer's subscription will automatically be renewed on a monthly or annual basis (depending on the"

" unless Customer indicates otherwise before the renewal date by cancelling their subscription (see Help page for how to cancel your subscription). 14.4 Cancellation : Customer may elect to terminate this Agreement at the end of Customer’s then-current subscription period with notice, at the latest on the last day of the current subscription period, by logging into Customer’s account. There are instructions available for how to cancel on the Help page.  Subject to the Return Policy, there is no refund for any pre-paid Service. 14.5 Termination for Cause : Colossyan may terminate this Agreement with notice if you materially breach this Agreement and such breach is not cured within fifteen days. Colossyan may immediately terminate this Agreement for cause without notice if you violate the Acceptable Use Policy or if there is a real risk of loss or harm to Colossyan or a User if this Agreement were to continue, for example if we reasonably suspect fraud. In respect of termination of the Services in all cases: 14.6 Effects of termination : If this Agreement is terminated: (i) the rights and licences granted under this Agreement will cease immediately, and (ii) Colossyan may delete any Content relating to Customer's account in a commercially reasonable period of time. 14.7 Survival : All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. "

" individual who is authorized by Customer to use the Services, for whom Customer has purchased a subscription and has registered an account for the Services. A User may either be you (where you, as the Customer, are an individual) or an individual within your company or organization authorised to use the Services (where you, as the Customer, are a company or organization). Users who access the Services in capacity as individual consumers will be referred to as “consumer Users”, whilst Users who access the Services by way of a corporate subscription shall be referred to as “business Users”."

"### Can I get a refund on my Colossyan subscription? If you are a business User or a consumer User that lives outside of the EU or UK: ###"

"In case, you purchased a paid Service Plan, you can claim a full refund if the following conditions are met:"

" If you are a consumer User that lives in the EU or UK: ‍ You have a legal right to change your mind about your purchase of aService and receive a refund of what you paid for it. This is subject to some conditions, as set out below: - the deadline for changing your mind: If you change your mind about a Service you must let us know no later than 14 days after the day we confirm we have accepted your order. - You have to pay for Services you received before you change your mind: If you bought our Services (for example, a subscription) we don't refund you for the time you were receiving it before you told us you'd changed your mind. - When and how we refund you: we refund you as soon as possible and within 14 days of you telling us you've changed your mind. We refund you by the method you used for payment. We don't charge a fee for the refund. You also have rights if there is something wrong with our Service. If you think there is something wrong with our Service, you must contact us at [email protected] . We honour our legal duty to provide you with Services that are as described to you and that meet all the requirements imposed by law."

"You are currently accessing a free and voluntary demonstration of one of our Free Services (as defined in the Colossyan Terms of Service) called “Instant Avatars” (“Instant Avatar Feature”). The Instant Avatar Feature may form part of a paid-for service, but the Instant Avatar Feature itself is a Free Service."