Terms of Service
Last updated: June 11, 2025
These Terms of Service (“Terms”) govern your access to and use of VideoWelcomer, operated by Trademarkia Inc. (“Company”, “we”, “our”, or “us”). By accessing or using the service, you agree to be bound by these Terms. If you do not agree, do not use the service.
1. Acceptance of Terms
By creating an account or using VideoWelcomer in any way, you confirm that you are at least 18 years of age, have the legal authority to enter into these Terms, and agree to comply with them. If you are using the service on behalf of an organisation, you represent that you have authority to bind that organisation.
2. Description of Service
VideoWelcomer provides an AI-powered video and chat widget that businesses embed on their websites to capture, engage, and qualify leads. Features include personalised video greetings, AI-driven conversation flows, lead capture forms, and a lead management dashboard.
3. Account Registration
You must register for an account to access most features. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your password and for all activity that occurs under your account. Notify us immediately at hello@videowelcomer.com if you suspect unauthorised access.
4. Acceptable Use
You agree not to:
- Use the service to collect personal data from minors under 13.
- Send spam, unsolicited messages, or engage in deceptive practices.
- Use the service for any unlawful purpose or in violation of any applicable law or regulation.
- Reverse engineer, decompile, or attempt to extract the source code of the service.
- Interfere with or disrupt the integrity or performance of the service.
- Resell or sublicence the service without our prior written consent.
5. Subscriptions and Payment
Certain features require a paid subscription. All fees are in USD and are billed in advance on a monthly or annual basis. Subscriptions auto-renew unless cancelled before the renewal date. You authorise us to charge your payment method on file. We reserve the right to change pricing with 30 days’ notice.
Refunds: We offer a 14-day refund on first-time purchases if the service does not meet your expectations. Contact us at hello@videowelcomer.com within 14 days of your first charge.
6. Intellectual Property
The service and its original content, features, and functionality are and will remain the exclusive property of Trademarkia Inc. and its licensors. You retain ownership of content you upload or create through the service (e.g., your video recordings) and grant us a limited licence to host and deliver that content as part of providing the service.
7. Data and Privacy
Your use of the service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for ensuring that your use of VideoWelcomer on your website complies with applicable data protection laws (including GDPR, CCPA) as they apply to data you collect from your own website visitors.
8. Disclaimer of Warranties
The service is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or free of viruses or other harmful components.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Trademarkia Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or in connection with your use of the service, even if we have been advised of the possibility of such damages. Our total liability for any claim arising under these Terms shall not exceed the amount you paid us in the 12 months preceding the claim.
10. Termination
We may suspend or terminate your account at any time for violation of these Terms or for any other reason, with or without notice. Upon termination, your right to use the service ceases immediately. You may cancel your account at any time from your account settings; cancellation takes effect at the end of the current billing period.
11. Governing Law
These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-law principles. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.
12. Changes to These Terms
We reserve the right to modify these Terms at any time. We will provide at least 14 days’ notice before material changes take effect by emailing the address on your account or by posting a notice on the service. Your continued use of the service after the effective date constitutes acceptance of the revised Terms.