TERMS OF SERVICE

Introduction

Thank you for choosing to use the In The Room platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”). The Service is provided by In The Room Global Ltd, a company registered in England with company number 10877981 and having its registered office at 73 Cornhill, London, United Kingdom, EC3V 3QQ ("In The Room" or "Us").

Our Service

The Service allows you to create and share conversational AI enabled video content and acts as a creation and distribution platform. Additionally, our Service provides you with AI generated question subsets to help you create your Content (defined below).

Applicable Terms

Your use of the Service is subject to these terms, the Acceptable Use Policy, Privacy Policy and the Cookie Policy (together, the "Agreement").

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

Who may use the Service?

Age Requirements

You may use the Service if you are at least 18 years old.

Businesses

If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement.

Your Use of the Service

Content on the Service

The Service allows you to create content utilising our proprietary conversational media platform and includes your videos, audio (for example spoken word and music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), and other materials (collectively, "Content”). Content may be provided to the Service and distributed via your own platform or other distribution service. Content is the responsibility of the person or entity that provides it to the Service, and you represent and warrant that you have obtained all necessary permissions to use any images, video, audio, or other media of any other person in the Content.

Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.
We will process your created Content to the Service in accordance with our Privacy Policy.

Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and the law.

The following restrictions apply to your use of the Service. You are not allowed to:

  1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except as specifically permitted by the Service;
  2. circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of the Service; or (b) limit the use of the Service;
  3. access the Service using any automated means (such as robots, botnets or scrapers) except as permitted by applicable law;
  4. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
  5. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions; or
  6. resell the Service or any Service credits to any other party without the prior express written agreement of In The Room Global Ltd.

Reservation

Any right not expressly granted to you in this Agreement remains the right of In The Room or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed in the Service).

Develop, Improve and Update the Service

In The Room is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. If we make material changes that negatively impact your use of the Service or affects your Subscription Plan (as defined below) or if we stop offering any part of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

Your Content and Conduct

Uploading Content

You can access the Service via [insert weblink]. You can create your Content to promote your business or enterprise. If you choose to upload that Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, but not limited to:

  1. the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so;
  2. such Content shall not be illegal, or be deemed to be illegal nor carry any information or messaging which is or could be deemed to be illegal; or
  3. such Content shall not contain explicit or material considered to be pornography, hate related material, racism, or any material reasonably expected to incite hate or violence against any person or organisation.

You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

Rights you Grant

You retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to In The Room, as described below.

Licence to In The Room

By utilising the Service, you grant to In The Room a perpetual, worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that Content for the purpose of operating, promoting, and improving the Service.

Removing Your Content

You must remove your Content if you no longer have the rights required by these terms.

Removal of Content By Us

If we reasonably believe that any of your Content (1) is in breach of this Agreement or (2) may cause harm to In The Room, or third parties, we reserve the right to remove such Content from the Service. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for In The Room; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any third party, or In The Room. You may appeal such decision by email us [email protected].

Account Suspension and Termination

Terminations by You

You may stop using the Service at any time. For the avoidance of doubt, if your Subscription Plan (as defined below) includes embeddable conversations, such embeddable link will be deactivated at the end of your fully paid-up Subscription Plan period.

Terminations and Suspensions by In The Room

In The Room reserves the right to suspend or terminate your Service account or your access to all or part of the Service if: (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates liability or harm to any third party, or In The Room.

Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by In The Room unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any third party, or In The Room.

Effect of Account Suspension or Termination

If your account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your that the termination or suspension has been made in error, you can appeal by email Us at [email protected].

Subscription to the Service

You can choose the appropriate subscription to the Service that fits your needs; these range from a free plan, to an all encompassing enterprise plan ("Subscription Plan").

The fee for your Subscription Plan is as set out in the Subscription page when you signup to use the Service via https://studio.intheroom.global/.

The fee for your Subscription Plan is exclusive of VAT or other similar sales taxes. For customers based in the UK, VAT will be chargeable at the current rate applicable in the UK for the time being. However, if the rate of VAT changes in the course of your Subscription Plan, In The Room will adjust the rate of VAT you pay in time for your next payment, unless you have already paid for your Subscription in full before the change in VAT takes effect.

We reserve the right to change the fee for your Subscription plan from time to time and well will provide you with notice of such change in sufficient time prior to the automatic renewal of your Subscription Plan.

By using the Service, you agree that In The Room can debit you the amount of your subscription fee based on the Subscription fee of your chosen Subscription Plan, in accordance with the payment frequency specified in the Subscription Plan that you have elected.

You may not pause your Subscription Plan but you retain your right to cancel your Subscription Plan in accordance the relevant provisions of this Agreement. Once cancelled, your Subscription Plan will continue for the remainder of the period left on your existing Subscription Plan.

Other Legal Terms

Warranty

We provide the Service with reasonable care and skill.

Disclaimer

By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, In The Room does not make any specific promises about the Service. For example, we make no promise about the quality of the conversations you have created nor the usability or compatibility once the Content has been embedded to your distribution channel (typically being your website).

Limitation of Liability

All users: Nothing in this Agreement is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.

To the extent permitted by applicable law, In The Room will not be responsible for:

  1. losses that were not caused by In The Room breach of this Agreement;
  2. any loss or damage that was not, at the time that this Agreement was formed between you and In The Room, a reasonably foreseeable consequence of In The Room breaching this Agreement; or
  3. the Content submitted by you, or for the defamatory, offensive, or illegal conduct not directly attributable to In The Room.

If you are using the Service for the purpose of your trade, business, craft or profession, to the extent permitted by applicable law, the following limitations of liability will also apply:

  1. In The Room will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not); and
  2. In The Room total liability for any claims arising from or relating to the Service is limited to the equivalent of one year's fee of your chosen Subscription plan.

About this Agreement

Binding Nature

By choosing to use the Services, irrespective of the Subscription Plan, you have agreed, on behalf of yourself, and if you are a business or an organisation, then for and on behalf of such business and organisation to accept the terms set out in this Agreement, together with any other document referenced in this Agreement such as the Privacy Policy.

Changing this Agreement

We may change this Agreement, for example, to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons or (3) to prevent abuse or harm.

If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.

Continuation of this Agreement

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you to Us will continue.

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

Assignment

In The Room may transfer all or part of its obligations under this Agreement to an affiliate or, if In The Room is sold, to a third party.

No Waiver

If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).

Governing Law

This Agreement, and your relationship with Us under this Agreement will be governed by the laws of your country England and Wales, and the English courts shall have exclusive jurisdiction to determine matters arising out of or in connection with this Agreement, the Service, and your relationship with Us.

Last Update: Version 1: 24 October 2023