Terms of Service

1. Access and Use

1.1. Provision of Access. Prune Media makes software for producing compilation videos. The Service retrieves video content that you identify, lets you trim and arrange that content, and encodes the result into a single video file. The Service is installed and executed on your own equipment, and retrieval, editing, encoding and export occur on that equipment. Subject to your compliance with these Terms and payment of all applicable fees, Prune Media grants you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable right to install and use the Service in object code form for your own internal and commercial purposes.

1.2. Source Material and Outputs. You may direct the Service to retrieve, import, process and encode video, audio, music, images and other content ("Source Material"), and the Service produces files and compilations from it ("Outputs"). You are responsible for your Source Material, your Outputs, your selection of both, and every property, platform or service to which you publish, upload or otherwise make available any Output ("Destinations"). Prune Media does not host, store, stream, transmit, distribute or receive Source Material or Outputs, and does not supply, license or provide any video, audio, music, image or other content to you. Communication between your equipment and any platform from which Source Material is retrieved takes place directly between that equipment and that platform. Prune Media is not an intermediary in that communication and does not relay, cache or proxy it.

1.3. Your Representations as to Content. The Service is intended for use with video content that you own or control, including content published on a channel that you own or operate, content licensed to you, and files held on your own equipment. You may use the Service only in respect of Source Material that you own or are otherwise licensed, permitted or legally entitled to retrieve and use. With respect to all Source Material, Outputs and Destinations, you represent, warrant and covenant that: (i) you own, or hold all licences, consents, permissions, releases and other rights necessary for, the retrieval, reproduction, modification, adaptation, combination, synchronisation, public performance, distribution and publication of the Source Material and the Outputs, including all rights in any musical works, sound recordings and performances embodied in them and all rights of privacy and publicity of any person appearing in them; (ii) your access to and use of the Source Material complies with the terms of service, terms of use and other agreements and policies of every platform, service or website from which the Source Material is obtained, including any restriction on the download, copying or offline retention of content imposed by that platform; (iii) your access to and use of the Source Material and the Outputs complies with all applicable laws and regulations, including copyright, trademark, moral rights, privacy, publicity and data protection laws in every jurisdiction in which you publish; and (iv) you are authorised by the relevant platform and by the relevant rightsholder to access and retrieve each item of Source Material in the manner in which you direct the Service to retrieve it.

1.4. No Review and No Advice. You acknowledge that Prune Media does not review, approve, monitor, endorse or verify any Source Material, any Output, or the rights you hold in either, and that no statement made in the Service, on our websites, or by us or our representatives constitutes advice or assurance that any particular retrieval, use, reproduction or publication is lawful or permitted. Any notice, reminder or warning displayed by the Service concerning copyright or content ownership is a reminder of your own obligations under section 1.3, is not legal advice, and does not constitute a review, approval or verification of your Source Material or of the rights you hold in it. You agree that you are responsible for evaluating, and bearing all risks associated with, your use of the Service and of any Output, including whether you are permitted to use particular Source Material, and that you will obtain your own legal advice where you are in doubt.

1.5. Use Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, and subject to section 1.10, you may not: (i) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code, object code or underlying structure of the Service; (ii) reproduce, modify, translate, or create derivative works of the Service; (iii) rent, lease, lend, sell, sublicense, resell or otherwise transfer the Service or access to your account; (iv) use the Service to access, retrieve or reproduce any content that you are not authorised by the applicable platform and rightsholder to access, retrieve or reproduce; (v) remove, obscure or alter any proprietary notice, watermark or credit applied by the Service, except where your subscription removes it; (vi) circumvent, disable, remove or interfere with any licence verification, subscription verification, usage limit, device limit or other technical measure of the Service, or use a modified copy of the Service for any such purpose; (vii) probe, scan or attempt to penetrate the Service or our servers, or breach or circumvent any security measure of ours or of a third party; (viii) harvest, scrape or extract data from the Service or our servers by automated means, or place unreasonable load upon them; (ix) use the Service to develop or train a product, model or service that is competitive with the Service; (x) use the Service in any manner that infringes, misappropriates or otherwise violates any third party's intellectual property, privacy, publicity or other rights, or that violates any applicable law or regulation, or the terms of service of any platform; (xi) use the Service to produce or distribute material that is unlawful, defamatory, obscene, deceptive, fraudulent or harassing, or that constitutes hate speech or sexual material involving a minor; (xii) misrepresent the authorship, ownership or provenance of any Source Material or Output, or impersonate any person; (xiii) introduce any malware, spyware or other malicious code into the Service, or otherwise interfere with its operation or with any device or system; or (xiv) knowingly permit any third party to do any of the foregoing. You will promptly notify Prune Media of any unauthorised use that comes to your attention and provide reasonable cooperation to prevent and terminate such use to the extent it is within your control.

1.6. Device Limits. A subscription entitles you to activate and use the Service on a limited number of computers, being the number stated for your plan at the time you subscribe, or one where no number is stated, unless otherwise agreed by us in writing. The Service records an identifier for each computer on which it is activated in order to enforce this limit, as described in the Privacy Policy, and you may review and remove your active computers through your account.

1.7. Updates. The Service checks for new versions automatically and, on supported platforms, downloads them in the background. You consent to the Service checking for, downloading and installing updates, patches, bug fixes and new versions, and you acknowledge that an update will not be installed without your confirmation. Updates may add, change or remove features, and are part of the Service and subject to these Terms. We may require you to install an update in order to continue using the Service, including where an older version is no longer compatible with our servers or with a Third-Party Service, and we do not undertake to support any version other than the current one.

1.8. Beta Services. From time to time Prune Media may make Beta Services available to you. Beta Services are those designated by us as beta, preview, pilot, limited release, non-production, early access, evaluation or a similar description. You may choose to use or not use Beta Services in your sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not fully supported, and may be subject to additional terms presented to you. Beta Services are provided on an "as is" and "as available" basis without any warranty, support, maintenance or storage of any kind. Prune Media may discontinue Beta Services at any time in its sole discretion and may never make them generally available. PRUNE MEDIA SHALL HAVE NO LIABILITY WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES. USE AT YOUR OWN RISK.

1.9. User-Directed Operation. The Service is general-purpose software, and you acknowledge and agree that: every retrieval, import, edit, encode, export and publication performed by the Service is initiated, selected and directed by you; that Prune Media does not select, index, curate, recommend, supply, licence, endorse or exercise any editorial control over any Source Material or Output; that the Service is not a content library, catalogue, repository or distribution service and Prune Media is not a publisher or distributor of any Source Material or Output; that the Service performs no function that is not directed by you; and that the same operations may be performed using other general-purpose software, including web browsers, media players, screen recorders, video editors and freely available command line tools. Prune Media has no obligation to monitor, review, filter, restrict or block any Source Material, Output, Destination or use of the Service, and any such action that Prune Media may take does not create an obligation to take it again or in any other case.

1.10. Open Source Components. The Service includes and invokes software developed by third parties and made available under open source licences, including FFmpeg and yt-dlp ("Open Source Components"). Each Open Source Component is licensed to you by its own licensors under its own licence, and not by Prune Media under these Terms. Nothing in these Terms limits, restricts, qualifies or adds any condition to any right granted to you by the licence of an Open Source Component, and to the extent of any conflict between these Terms and such a licence, that licence prevails in respect of that component. Without limiting the foregoing, section 1.5 does not apply to any Open Source Component and section 5.1 does not apply to any intellectual property rights in one. The applicable licences, the notices they require and, where a licence requires it, the means of obtaining the corresponding source code, are set out in our open-source notices, which are published on our website and included with the Service.

1.11. In-Product Notices and Acknowledgements. The Service displays notices reminding you that using video content you do not own may infringe copyright, and that you should use only content you own or are licensed to use. Where the Service asks you to confirm that you hold the rights necessary for particular Source Material, and where you give that confirmation or proceed past such a notice, you thereby represent to Prune Media, on each occasion and in respect of the Source Material concerned, that the representations and warranties in section 1.3 are true. Each such confirmation is a separate representation, is given at the time you give it, and is in addition to and does not replace your agreement to these Terms. Prune Media is entitled to rely on each confirmation without further enquiry and is under no obligation to verify it. Prune Media is under no obligation to record any confirmation, and does not record which Source Material a confirmation concerned; the Privacy Policy describes what is and is not recorded. Section 1.4 applies to every such notice.

2. Eligibility

You must be at least the age of majority in your jurisdiction (for example, 19 years old in British Columbia) or 18 years old, whichever is higher, to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old or the age of majority in your jurisdiction, whichever is higher, and are otherwise legally capable of entering into a binding contract; (b) you have not previously been suspended or removed from the Service; and (c) your registration for and use of the Service is in compliance with all applicable laws in your region.

3. Account Registration and Access

To access most features of the Service, you must register for an account. When you register you will be required to provide us with an email address that you control, and to confirm it before the account may be used. You agree that the information you provide to us is accurate, complete and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account, including any purchases made or charges incurred. If you believe that your account is no longer secure, you must immediately notify us at comphero@dashmedia.so.

4. Payment Terms

4.1. Paid Services. Certain features of the Service require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in United States dollars and, subject to section 4.5, are non-refundable, except as required by law.

4.2. Pricing. Prune Media reserves the right to determine pricing for the Service, and will make reasonable efforts to keep pricing information published on the Service and on our website up to date. Prune Media may change the fees for any feature of the Service, including additional fees or charges, if Prune Media gives you advance notice of the change before it applies, through the Service, by email or through other reasonable means. Your continued use of the Service after a price change becomes effective constitutes your agreement to pay the changed amount. You are responsible for all taxes, government charges and foreign exchange fees associated with the Service, other than taxes based on Prune Media's net income. Prune Media may, at its sole discretion, make promotional offers with different features and different pricing to any of its customers, and such offers, unless made to you, do not apply to your purchase or to these Terms.

4.3. Payment Processing. To facilitate payment for the Service by credit card, debit card or bank account, we use Stripe, Inc. and its affiliates ("Stripe"), a third party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at stripe.com/legal and Stripe's privacy policy available at stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms, users who use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorise Stripe to store and continue billing your specified payment method even after that payment method has expired, to avoid interruptions in payment for your use of the Service. Prune Media does not receive or store your payment card details, and assumes no liability or responsibility for any payments you make through the Service.

4.4. Subscription Service. The Service is offered on a subscription basis with automatically recurring payments for periodic charges ("Subscription Service"). The "Subscription Billing Date" is the date on which you purchase your first subscription to the Service. The Subscription Service begins on the Subscription Billing Date and continues for the subscription period you selected (the "Initial Subscription Period"), and automatically renews for successive periods of the same duration (each, a "Subscription Period") unless you cancel it or we terminate it. The recurring fee for access to the Subscription Service during each Subscription Period (the "Subscription Fee") is the amount presented to you at the time of purchase and stated on your account page. If you activate a Subscription Service, you authorise Prune Media and its third party payment processor to periodically charge, on a going forward basis and until cancellation, all accrued sums on or before the payment due date. You may cancel the Subscription Service at any time using the cancellation function in your account, or by contacting us at comphero@dashmedia.so. Cancellation takes effect at the end of the then-current Subscription Period, you retain access to the Service until that time, and no further Subscription Fee will be charged after a cancellation is submitted. Your account page states the Subscription Fee and the date of your next renewal.

4.5. Refunds and Withdrawal. You may cancel your first subscription and receive a full refund of your first Subscription Fee at any time within fourteen (14) days of the Subscription Billing Date. You do not need to provide a reason. Where your account page offers this, you may do it yourself and the refund is issued immediately; otherwise, or where you would prefer, request it in writing at comphero@dashmedia.so from the email address registered to your account. Prune Media will refund that payment in full to the original payment method, and your access to the Service will terminate upon that refund being issued. Files you exported before that time remain yours and are unaffected.

This refund is available once per person. Where Prune Media reasonably determines that a refund under this paragraph has already been issued to you, including in respect of a different account, it may decline to issue a further one automatically and may require the request to be made in writing as set out above. You remain free to subscribe again at any time.

If you are a consumer resident in the European Union or the United Kingdom, you have a statutory right to withdraw from this contract within fourteen (14) days of entering into it, without giving any reason. To exercise it, inform us at comphero@dashmedia.so by a clear statement before that period expires, and we will reimburse all payments received from you without undue delay and in any event within fourteen (14) days of being informed. Where you have asked us to begin providing the Service during the withdrawal period and have acknowledged at the point of purchase that you thereby lose the right of withdrawal once the Service has been fully performed, that right ends accordingly; where the Service has been partly performed, you may be required to pay an amount proportionate to what has been provided. This paragraph is in addition to, and does not limit, the fourteen-day refund set out at the beginning of this section 4.5.

Except as set out in this section 4.5, and except as required by law or as expressly provided in section 9, all fees paid are non-refundable, in whole and in part, including in respect of Subscription Periods that have commenced, Subscription Periods during which you did not use the Service, and renewals that you did not cancel before they were charged. Nothing in these Terms limits any right or remedy you may have under consumer protection legislation that applies to you and cannot lawfully be waived, including the Business Practices and Consumer Protection Act (British Columbia).

4.6. Delinquent Accounts. Prune Media may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due, a delinquent account may be charged with fees or charges that are incidental to any chargeback or to the collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Prune Media reserves the right to suspend your account and any access associated with it without liability to you.

4.7. Promotional Codes and Referrals. Prune Media may offer promotional codes, referral links and discounts. A discount applies only to the Subscription Periods stated when it is applied, and where nothing is stated, only to the first Subscription Period; after that, the Subscription Fee then in effect is charged. A discount may be offered to you through a referral link, in which case it is recorded in your browser and applied at checkout without a code being entered. Each code is for one account, is not transferable, has no cash value, cannot be combined with another discount or applied to a Subscription Period already charged, and may be withdrawn, changed or made to expire at any time before it is applied. Prune Media may refuse or reverse a discount, and may cancel a subscription obtained with one and refund the amount paid, where the code was obtained or used in a manner Prune Media reasonably determines to be fraudulent, automated, resold, or outside the terms on which it was offered. A person who refers you may be paid for the referral. They are not our agent, they cannot make any commitment on our behalf, and nothing they say about the Service forms part of these Terms.

5. Ownership and Licences

5.1. Service. Subject to section 1.10, Prune Media and its licensors own and retain all right, title and interest in and to the Service, all improvements, enhancements and modifications to it, and all intellectual property rights associated with the foregoing, including all software, interfaces, designs, documentation, trademarks, trade names and logos. There are no implied licences in these Terms and Prune Media reserves all rights to the Service not granted in these Terms. You may not use our trademarks, trade names or logos in a manner that suggests any endorsement, sponsorship or affiliation.

5.2. Feedback. We appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionality, problems with the Service, or proposed modifications or improvements to it ("Feedback"), then you grant Prune Media the right to exploit the Feedback without restriction, without compensation to you and without any obligation of confidentiality. You may not disclose any information about Prune Media's non-public pricing, metrics, roadmap or beta features.

5.3. Source Material and Outputs. As between you and Prune Media, you retain all right, title and interest that you have in your Source Material and your Outputs, subject to the rights of the owners of any Source Material embodied in them, and Prune Media hereby assigns to you all of its right, title and interest, if any, in and to any Output. Prune Media claims no ownership interest in your Outputs.

5.4. Usage Data. Prune Media may: (i) collect, analyse and otherwise process Usage Data internally for its business purposes, including for security, diagnostics and analytics, to maintain and improve the Service, and for other development and corrective purposes; and (ii) disclose Usage Data to third parties only in an aggregated or de-identified form and in a manner that does not identify you. "Usage Data" means technical logs, error reports, version, platform and configuration information, measurements of how the Service performed on your equipment, the technical characteristics of your Source Material such as its coding, frame size, frame rate and duration, and data and learnings about your use of and interactions with the Service, but excludes Source Material and Outputs. Usage Data includes the record Prune Media keeps of each compilation you export, which is described in section 3.3 of the Privacy Policy; the history of the videos used in your compilations that the Service can show you is a feature provided for your benefit, and section 3.3a of that Policy describes how the two differ.

6. Third Party Services and Platforms

6.1. Third Party Services. The Service includes, incorporates and interoperates with software and services that Prune Media does not control, including third party open source components and third party platforms, websites and services ("Third-Party Services"). Third party open source components are licensed to you under their own applicable terms, as set out in section 1.10. If you elect, in your sole discretion, to access or use a Third-Party Service, including any Destination, your access and use of it is subject to the terms provided by that Third-Party Service, and you remain responsible for complying with those terms. Prune Media does not make any representations or warranties with respect to Third-Party Services.

6.2. No Affiliation. Prune Media and CompHero are not affiliated with, endorsed by, sponsored by, or in any way officially connected to YouTube, Google LLC, or any of their affiliates. YouTube and Google are trademarks of Google LLC, and any reference to them describes interoperability only.

6.3. No Continued Interoperability. Any Third-Party Service may modify, restrict, discontinue or fail to provide its service or software at any time and without notice to Prune Media. Prune Media does not warrant, and is not responsible for, continued interoperability with any Third-Party Service, and a change made by a third party does not constitute a failure by Prune Media to provide the Service.

6.4. Your Platform Accounts. Your use of any Third-Party Service in connection with the Service, including any account you hold with a video platform, remains governed by your agreement with that platform. Prune Media is not responsible for any suspension, restriction, demonetisation, strike, removal or termination of any account you hold with any Third-Party Service, however arising, and you are responsible for satisfying yourself that your use of the Service is consistent with the terms of every platform whose content you retrieve and every Destination to which you publish.

6.5. Connecting a Platform Account. The Service can use an account you hold with a video platform, which you connect by signing in to that platform yourself, in a browser window on your own computer. Connecting an account is optional, and the Service operates without one. Where you connect an account, the retrievals you direct the Service to perform are made using that account's session and are attributable to that account, and a platform may treat retrieval that it considers automated, repeated or otherwise unusual as a reason to act against the account concerned. You acknowledge that this may result in reduced download speeds, rate limiting, verification or bot checks, temporary or permanent loss of access, or the suspension, restriction, demonetisation or termination of the account you connect, that Prune Media has no control over whether a platform does any of this and can neither prevent it nor reverse it, and that you are solely responsible for deciding which account, if any, to connect, and for every consequence of connecting it. Sections 6.4 and 13.3 apply to any such event. The Privacy Policy describes what the Service keeps when you connect an account, and what is not sent to us.

7. Communications

We may send you emails relating to your account and the Service, including confirmation of your email address, password resets, receipts, renewal reminders, notices required by these Terms, and information about changes to the Service. These are part of the Service and you cannot opt out of them while you hold an account. If we send you emails concerning our products and services for promotional purposes, you may opt out of them by using any unsubscribe or similar function or instructions in the promotional email.

8. Modification of Terms

8.1. Changes. We may, from time to time, change these Terms. Please check these Terms periodically for changes. If we make any material modifications, we will notify you by updating the date at the top of these Terms, by maintaining a current version of these Terms on this page, and by a notice displayed in the Service, and we may ask you to agree to the modified Terms before you continue to use it. Changes will not be retroactive. All modifications will be effective when they are posted or on such later date as the notice specifies, and your continued access to or use of the Service will serve as confirmation of your acceptance of those modifications.

8.2. What Is Material. Whether a modification is material is determined by us, acting reasonably. We treat a modification as material where it changes the fees or how they are charged, reduces what a subscription includes, imposes a new restriction on your use of the Service or on what you may create with it, imposes a new obligation or liability on you, changes the governing law or the forum for disputes, or changes our handling of your personal information in a way that requires your consent. That list gives examples and is not exhaustive.

8.3. What Is Not Material. We do not treat as material a modification that corrects an error, clarifies existing wording, changes formatting, numbering, headings, examples, contact details or links, reflects a change in the name or address of an entity, describes a feature in a way that does not change how you may use the Service, or that only adds to your rights or reduces your obligations. Where a modification is not material, we notify you by revising the date at the head of these Terms and maintaining the current version on this page, and we will not necessarily display a notice in the Service or ask you to agree again. This section does not limit any notice we are required by law to give.

8.4. If You Do Not Agree. If you do not agree to a modification, you must discontinue your use of the Service and cancel your subscription under section 4.4, and doing so is your sole and exclusive remedy in respect of that modification. A modification to the fees does not apply to any subscription period you have already paid for, and takes effect no earlier than your next renewal.

9. Termination

You may stop accessing the Service at any time, and may cancel your subscription under section 4.4. We reserve the right to modify, suspend or discontinue the Service or your access to it, in whole or in part, at any time. Although we will strive to provide you with reasonable advance notice if we stop offering the Service, there may be urgent situations, such as preventing abuse, addressing security issues or responding to legal requirements, where providing advance notice is not feasible. We may terminate your account or your Subscription Service at any time, including where you breach these Terms, where any amount owing is unpaid, or where your use exposes us or any other person to liability or security risk. If we terminate your Subscription Service for a reason other than your breach of these Terms, we will refund you on a pro rata basis the fees you paid for the remaining portion of the then-current Subscription Period, provided that if we terminate your access to the Service due to a violation of these Terms, you will not be entitled to any refund. Upon termination of these Terms, your Subscription Service, or your access to the Service, your licence under section 1.1 ends, you must cease all use of the Service, and we may at our option delete data associated with your account. Outputs already produced and stored on your own equipment are unaffected by any termination. Sections 1.2 through 1.5, 1.9, 1.10, 1.11, 4 (with respect to fees outstanding as of such termination), 5, 6, and 11 through 17 will survive any expiration or termination of these Terms or of a Subscription Service. If you believe we have suspended or terminated your account in error, you may appeal by contacting us at comphero@dashmedia.so.

10. Modification of the Service

Prune Media may modify or discontinue all or any portion of the Service at any time, including by limiting or discontinuing particular features, temporarily or permanently. The Service is provided on an "as available" basis and Prune Media does not warrant or guarantee any level of availability, uptime or continuity. The Service requires periodic communication with our servers in order to verify a subscription, and features may become unavailable where that communication cannot be completed after a grace period. Where we withdraw a material feature of a Subscription Service for which you have paid, we will give you notice by email and you may cancel and receive a refund of the unused portion of the then-current Subscription Period. Otherwise, Prune Media will have no liability for any change to the Service, including to any paid-for functionality, or for any suspension or termination of your access to or use of it. You should retain your own copies and backups of any Source Material, project and Output so that you retain access in the event the Service is modified or your access to it ends.

11. Copyright Complaints

Prune Media does not host Source Material or Outputs. If you believe that your intellectual property rights have been infringed in connection with use of the Service, please send notice to comphero@dashmedia.so. We may suspend or terminate the account of any person in respect of whom a complaint is substantiated, and will terminate the accounts of repeat infringers where appropriate. Where the material complained of is published on a third party platform, that platform's own notice and takedown procedures are the appropriate remedy. Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed upon.
• A description of where the allegedly infringing material is located, so that we can find it.
• Your address, telephone number and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
• A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on the copyright owner's behalf.

12. Privacy

Please read the Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal data. The Privacy Policy is incorporated into these Terms by reference. Each party will comply with all applicable laws, self-regulatory rules, industry rules and governmental requirements relating to its performance of these Terms, including privacy and data protection laws.

13. Indemnity and Assumption of Risk

13.1. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Prune Media, its affiliates and each of their respective shareholders, directors, managers, members, officers, employees, consultants, contractors and agents (together, the "Prune Media Entities") from and against any and all liabilities, claims, damages, penalties, fines, expenses (including reasonable legal fees) and other losses arising out of or relating to: (1) your unauthorised use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty or agreement referenced in these Terms, including any confirmation given under section 1.11, or any applicable law or regulation; (3) any claim that your Source Material, your Outputs or your Destinations violate any third party intellectual property, publicity, confidentiality, privacy or other rights, or the terms of service of any platform; and (4) any decision you make in reliance on the Service. This indemnity applies notwithstanding any review, approval, suggestion or assistance provided by any Prune Media Entity. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, without limiting your indemnification obligations with respect to that matter, and in that case you agree to cooperate with our defence of those claims. You will also pay our reasonable costs, including reasonable legal fees, of enforcing these Terms against you or of collecting any amount you owe.

13.2. Assumption of Risk. You acknowledge and agree that your use of the Service, and your retrieval, processing, publication, monetisation and other dealing with Source Material and Outputs, is undertaken entirely at your own risk, and that you assume full responsibility for and all risk of it. This includes the risk that a retrieval, reproduction, edit, publication or monetisation of any Source Material or Output is not permitted by the owner of that Source Material, by any Destination, by the terms of service of any platform or by any applicable law, and the risk that the law applicable to you differs from the law applicable to us or to any other user.

13.3. Release. To the fullest extent permitted by law, you release the Prune Media Entities from, and waive and agree not to assert against them, any claim, demand, action or cause of action arising out of or relating to: (1) any decision, policy, enforcement action, suspension, demonetisation, strike, claim, block, takedown, removal, ban or termination by any platform, rightsholder, collecting society or other third party in respect of your Source Material, your Outputs, your Destinations or your accounts with them; and (2) any determination by any person that your retrieval or use of any Source Material or Output was not permitted. This section does not apply to any liability that cannot lawfully be released.

14. DISCLAIMER OF WARRANTIES

THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS", ON AN "AS AVAILABLE" BASIS, AND WITH ALL FAULTS. THE PRUNE MEDIA ENTITIES DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE SERVICE AND OUTPUTS, INCLUDING: (a) ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. THE PRUNE MEDIA ENTITIES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, THE PRUNE MEDIA ENTITIES DISCLAIM ALL WARRANTIES (i) CONCERNING THE COMPATIBILITY OF THE SERVICE WITH ANY PARTICULAR CONTENT, FORMAT, CODEC, CHANNEL, PLATFORM, EQUIPMENT OR OPERATING SYSTEM, OR THE CONTINUED INTEROPERABILITY OF THE SERVICE WITH ANY THIRD-PARTY SERVICE; (ii) CONCERNING THE QUALITY, DURATION, INTEGRITY OR FITNESS FOR ANY PURPOSE OF ANY OUTPUT, OR THE ACCEPTANCE OF ANY OUTPUT BY ANY DESTINATION; (iii) CONCERNING THE PRESERVATION OF ANY SOURCE MATERIAL, PROJECT, CONFIGURATION OR OUTPUT, INCLUDING AGAINST LOSS OR CORRUPTION, AND YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS; (iv) CONCERNING THE RESULTS YOU OBTAIN FROM USE OF THE SERVICE; AND (v) THAT ANY RETRIEVAL, USE, REPRODUCTION OR PUBLICATION OF SOURCE MATERIAL OR OF ANY OUTPUT BY YOU IS LAWFUL OR PERMITTED, WHICH IS ADDRESSED IN SECTIONS 1.3, 1.4 AND 1.11 AND IS YOUR RESPONSIBILITY.

The laws of some jurisdictions, including British Columbia, do not allow the disclaimer of implied warranties or conditions, so some or all of these disclaimers may not apply to you. Where and to the extent that this is so, the disclaimers in this section apply to you only to the extent permitted by applicable law, and nothing in these Terms affects any right you have under a law that cannot lawfully be waived.

15. LIMITATION OF LIABILITY

15.1. NO INDIRECT DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PRUNE MEDIA ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF GOODWILL OR REPUTATION, OR LOSS OF OR DAMAGE TO DATA, FOOTAGE, PROJECTS OR OUTPUTS, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, ANY SOURCE MATERIAL OR ANY OUTPUT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PRUNE MEDIA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

15.2. NO LIABILITY FOR YOUR CONTENT OR THIRD PARTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PRUNE MEDIA ENTITIES WILL NOT BE LIABLE FOR ANY CLAIM, DEMAND, NOTICE, PENALTY, DAMAGES, LEGAL COST, ACCOUNT SUSPENSION, DEMONETISATION, STRIKE OR TAKEDOWN INCURRED BY YOU IN RESPECT OF ANY SOURCE MATERIAL, OUTPUT OR DESTINATION, OR IN RESPECT OF ANY ACCOUNT YOU CONNECT UNDER SECTION 6.5, OR ARISING FROM ANY BREACH BY YOU OF SECTION 1.3 OR OF ANY CONFIRMATION GIVEN UNDER SECTION 1.11, NOR FOR THE ACTS, OMISSIONS, CHANGES, DOWNTIME, DECISIONS, TERMS OR POLICIES OF ANY THIRD PARTY, INCLUDING ANY PLATFORM, PAYMENT PROCESSOR OR OPEN SOURCE COMPONENT.

15.3. LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PRUNE MEDIA ENTITIES TO YOU FOR ALL CLAIMS, DAMAGES AND LOSSES ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, ANY SOURCE MATERIAL AND ANY OUTPUT, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PRUNE MEDIA FOR ACCESS TO AND USE OF THE SERVICE IN THE THREE (3) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM OR, IF GREATER, (B) USD $100. THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THESE TERMS, AND WE WOULD NOT OFFER THE SERVICE TO YOU UNDER THESE TERMS WITHOUT THESE LIMITATIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15.4. YOUR SOLE REMEDY. IF YOU ARE DISSATISFIED WITH THE SERVICE FOR ANY REASON, INCLUDING ITS PRICE, ITS PERFORMANCE, ITS FEATURES, ITS AVAILABILITY, ANY CHANGE TO IT, OR THE RESULTS YOU OBTAIN FROM IT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR SUBSCRIPTION UNDER SECTION 4.4, WHICH ENDS ALL FURTHER CHARGES. THE SERVICE IS OPTIONAL SOFTWARE SOLD ON A MONTH TO MONTH BASIS, YOU MAY STOP AT THE END OF ANY MONTH, AND THE ABILITY TO STOP IS THE REMEDY THE PARTIES HAVE AGREED UPON IN PLACE OF ANY CLAIM FOR DAMAGES. THIS SECTION DOES NOT AFFECT ANY RIGHT YOU HAVE UNDER A LAW THAT CANNOT LAWFULLY BE WAIVED.

15.5. Exceptions. The limitations in sections 15.1 through 15.4 do not apply to your payment obligations, to either party's confidentiality obligations, to your indemnification obligations under section 13, to liability for fraud, fraudulent misrepresentation, gross negligence or intentional misconduct, to liability for death or personal injury, to your violation of Prune Media's intellectual property rights, or to any liability that cannot lawfully be excluded or limited. Some jurisdictions do not permit some of the exclusions or limitations set out above, which apply to you only to the extent permitted by applicable law.

16. Dispute Resolution

16.1. Informal Resolution First. We are always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly by emailing comphero@dashmedia.so. Before commencing any proceeding, a party who intends to seek relief must first send the other written notice describing the nature and basis of the claim or dispute and the specific relief sought, and the parties will attempt in good faith to resolve it. If the claim is not resolved within sixty (60) days after that notice is received, either party may commence a proceeding. This section does not prevent a consumer from exercising any right to commence proceedings that applicable law does not permit to be restricted.

16.2. Governing Law and Venue. The laws of the Province of British Columbia and the federal laws of Canada applicable therein will govern these Terms, and any dispute arising out of or relating to them or to the Service, including non-contractual disputes or claims, without regard to conflict of laws principles. All claims arising out of or relating to these Terms will be brought exclusively in a court of competent jurisdiction in British Columbia, Canada, and each party irrevocably submits to the personal jurisdiction of those courts. Nothing in this section prevents either party from seeking injunctive or equitable relief in any jurisdiction where it is required. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

If you are a consumer, this section 16.2 does not deprive you of the protection of any mandatory provision of the law of the country or province in which you are resident, and does not remove any right you have to bring proceedings in the courts of that place where applicable law gives you that right and does not permit it to be waived. This applies in particular to consumers resident in the European Union, the United Kingdom, Quebec and Ontario.

16.3. Time Limit and Individual Claims. To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after the claim arises, failing which it is permanently barred. To the extent permitted by applicable law, you and Prune Media each agree that claims may be brought only on an individual basis, and each waives any right to bring or participate in a claim as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. Where applicable consumer protection legislation prohibits the waiver of a right to participate in a class or representative proceeding, or prohibits shortening a limitation period, this section does not apply to you to that extent.

17. Miscellaneous

17.1. General. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Prune Media regarding your use of the Service, and replace any prior statement or representation, including anything on our website or in marketing material. Neither party relies on any undertaking, promise, assurance, statement, representation, warranty or understanding of any person relating to the subject matter of these Terms other than as stated in them. Nothing in this section limits any liability for fraudulent misrepresentation, or any right a consumer has that cannot lawfully be excluded. These Terms do not create a partnership, agency relationship, employment relationship or joint venture between the parties. You may not assign or transfer these Terms or your rights under them, in whole or in part, by operation of law or otherwise, without our prior written consent, and any purported assignment without such consent is void. We may assign these Terms and all rights granted under them, including to an acquirer of our business or assets, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default be a waiver of any subsequent breach or default or of the provision itself. If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Neither party is liable for any failure or delay in performance caused by any event beyond its reasonable control, except for obligations to pay. These Terms are drawn in English, and any translation is provided for convenience only.

17.2. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures or other communications that we send to you electronically, including to the email address registered to your account, will satisfy any legal communication requirements, including that those communications be in writing.

17.3. Contact Information. Prune Media Corp is a corporation incorporated under the laws of British Columbia, Canada. You may contact us, for any matter arising under these Terms including support, billing, refunds, legal notices and copyright complaints, by emailing comphero@dashmedia.so. Email is the address for notices to us under these Terms, and we may give you notice at the email address registered to your account.

17.4. No Support. We are under no obligation to provide support for the Service. Where we do offer support, it will be subject to our published policies.

17.5. Enforcement by Prune Media Entities. The Prune Media Entities are not parties to these Terms, and no person other than you and Prune Media has any right to enforce any of them, except that each Prune Media Entity may enforce sections 13, 14 and 15 directly against you as though it were a party. Prune Media may vary or rescind these Terms without the consent of any Prune Media Entity.

17.6. Interpretation. Headings are for convenience only and do not affect interpretation. The words "including", "include" and "for example" are not words of limitation. These Terms are the product of negotiation between the parties and will not be construed against either party as the drafter, and no rule of strict construction will be applied against either party. References to a statute include that statute as amended and any successor to it.

17.7. Export and Trade Controls. You must comply with all applicable trade laws, including sanctions and export control laws of Canada and of any other applicable jurisdiction. The Service may not be used in or for the benefit of, or exported or re-exported to, (a) any embargoed country or territory, or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. The Service may not be used for any end use prohibited by applicable trade laws.