ADDITIONAL TERMS OF SERVICE FOR USERS OF VIDEOFLOW®

Posted as of September 30, 2020

A Clickwrap Agreement for Customers with Client(s) registering through a paywall

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “ACCEPTED AND AGREED TO,” CUSTOMER AGREES TO THESE TERMS AND CONDITIONS. IF CUSTOMER DOES NOT AGREE TO THESE TERMS, CUSTOMER’S CLIENTS MAY NOT USE PAYWALL-LOCKED SERVICES.

These Terms of Service constitute an agreement (this “Agreement”) by and between Twizted Design, Inc., a Delaware corporation whose principal place of business is 43W 85 St. New York, NY 10024 (“Twizted Design” or “Vendor”) and the person or entity (e.g. corporation, LLC, partnership, or sole proprietorship) executing this Agreement (“Customer”), for the benefit of serving their clients (“Customer’s Client”) via Vendor’s solutions. This Agreement is effective as of the date Customer and/or Customer’s Client clicks “Accepted and Agreed To” (the “Effective Date”). Customer’s use of and Vendor’s provision of Vendor’s System remain governed by the Terms of Service Agreement as posted by Vendor and updated from time to time, or as separately signed between Vendor and Customer.

WHEREAS Vendor’s SaaS solution, VIDEOFLOW® delivers personalized and targeted video content on OTT platforms and traditional networks, and allows for the creation of conditional content delivery workflows that serve unique real-time content per viewer; and 

WHEREAS as such, VIDEOFLOW® serves as an engagement platform for Customers’ new audience who can then interact with Customer’s interactive video experiences, on their mobile, connected TVs and internet browsers; and 

WHEREAS in utilizing the VIDEOFLOW® platform Customer may also obtain the ability to monetize its video experiences to its viewers and customers, when the System identifies certain User-created video data, and enables the automation of billing via a third-party Payment Processing Services vendor (currently, STRIPE, INC.); and

WHEREAS Vendor, by allowing access to its System and facilitating the monetization of Customer-created content, can create a paywall option to access Customer Data, but does not and will not act as a financial institution on behalf of Customer nor Customer’s Clients,

NOW THEREFORE,

  1. Under this additional Agreement for service, Customer understands, acknowledges, and accepts that Vendor will enable the processing of payments as a facilitator party only, not as a financial institution. While the service to be provided via the System may benefit the Customer’s Clients, the contracting party to rely on the terms of service offered by the payment processor third party will solely be the Customer, whose responsibility is to obtain an account and agree to the terms of service of that processer, separately from its relationship with Vendor.
  2. Customer must activate an account with the third-party processor and enable its integration with the VIDEOFLOW® platform.
  3. Optional paywall content will become accessible via a link created by Vendor to connect and purchase Customer’s content via a third-party payment processor (e.g. PayPal). Customer’s Clients will register for authorization to purchase Customer’s content through the available integration of the VIDEOFLOW® platform with the third-party payment processor’s system.
  4. All billing actions will take place only on Customer’s Account with the third-party payment processor.
  5. In accordance with the terms of service of our currently preferred Payment Processing Services vendor, STRIPE INC., Customer may only use their Payment Processing Services to facilitate transactions with Customer’s Clients. Customer may not use the Payment Processing Service to send money to others, to conduct personal transactions, or for any other purposes that are not expressly allowed by STRIPE INC.
  6. Dispute resolution. Any dispute involving the processing of payments will be managed solely and directly with then-current payment processor for Customer. Vendor will not be a party to, participate in, nor align with any party in any dispute concerning monetary claims among the Customer, Customer’s Clients, and the payment processor.


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